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 Title Page
 November 1847
 December 1847
 January 1848
 Bills to provide for common schools...
 Bills to provide for common schools...






Group Title: Journal of the Florida House of Representatives.
Title: A Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its ... session
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Permanent Link: http://ufdc.ufl.edu/UF00027786/00013
 Material Information
Title: A Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its ... session
Alternate Title: Journal of proceedings of the House of Representatives of the General Assembly of the State of Florida, at its ... session
Journal
House journal
Journal of the House of Representatives of the State of Florida
Physical Description: v. : ; 23 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: s.n.
Place of Publication: S.l
Manufacturer: Floridian Office
Publication Date: 1845-
Frequency: annual
regular
 Subjects
Subject: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Dates or Sequential Designation: 1st General Assembly, 1st session (1845)-
General Note: At head of title: House journal.
General Note: Sometimes issued as: Journal of proceedings of the House of Representatives of the General Assembly of the State of Florida.
Funding: Digitized for the Florida House of Representatives, the Office of the Clerk.
 Record Information
Bibliographic ID: UF00027786
Volume ID: VID00013
Source Institution: University of Florida
Holding Location: Florida House of Representatives. Office of the Clerk.
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 003417926
oclc - 12901223
lccn - sn 85065604
 Related Items
Succeeded by: Journal of the proceedings of the Assembly of the State of Florida, at its ... session

Table of Contents
    Title Page
        Page 1
        Page 2
    November 1847
        Wednesday, November 24
            Page 20
            Page 21
            Page 22
        Monday, November 21
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
            Page 17
            Page 18
            Page 19
        Friday, November 26
            Page 23
            Page 24
            Page 25
            Page 26
            Page 27
            Page 28
            Page 29
            Page 30
            Page 31
            Page 32
        Monday, November 29
            Page 33
            Page 34
            Page 35
        Tuesday, November 30
            Page 36
            Page 37
            Page 38
            Page 39
            Page 40
    December 1847
        Wednesday, December 1
            Page 41
            Page 42
            Page 43
            Page 44
        Thursday, December 2
            Page 45
            Page 46
            Page 47
        Friday, December 3
            Page 48
            Page 49
            Page 50
            Page 51
            Page 52
            Page 53
        Monday, December 6
            Page 54
            Page 55
            Page 56
            Page 57
            Page 58
        Tuesday, December 7
            Page 59
            Page 60
            Page 61
            Page 62
            Page 63
        Wednesday, December 8
            Page 64
            Page 65
            Page 66
        Thursday, December 9
            Page 67
            Page 68
            Page 69
            Page 70
            Page 71
            Page 72
        Friday, December 10
            Page 73
            Page 74
        Monday, December 13
            Page 75
            Page 76
            Page 77
            Page 78
            Page 79
            Page 80
        Tuesday, December 14
            Page 81
            Page 82
            Page 83
            Page 84
            Page 85
            Page 86
            Page 87
            Page 88
            Page 89
            Page 90
            Page 91
            Page 92
        Wednesday, December 15
            Page 93
            Page 94
            Page 95
            Page 96
        Thursday, December 16
            Page 97
            Page 98
            Page 99
            Page 100
            Page 101
            Page 102
        Friday, December 17
            Page 103
            Page 104
            Page 105
            Page 106
            Page 107
            Page 108
        Saturday, December 18
            Page 109
            Page 110
        Monday, December 20
            Page 111
            Page 112
            Page 113
            Page 114
            Page 115
            Page 116
            Page 117
            Page 118
            Page 119
        Tuesday, December 21
            Page 120
            Page 121
            Page 122
            Page 123
            Page 124
            Page 125
            Page 126
            Page 127
            Page 128
            Page 129
        Wednesday, December 22
            Page 130
            Page 131
            Page 132
            Page 133
            Page 134
            Page 135
            Page 136
            Page 137
        Thursday, December 23
            Page 138
            Page 139
            Page 140
            Page 141
            Page 142
            Page 143
            Page 144
            Page 145
            Page 146
        Friday, December 24
            Page 147
            Page 148
            Page 149
            Page 150
            Page 151
            Page 152
            Page 153
            Page 154
        Monday, December 27
            Page 155
            Page 156
            Page 157
            Page 158
            Page 159
            Page 160
            Page 161
            Page 162
        Tuesday, December 28
            Page 163
            Page 164
            Page 165
            Page 166
            Page 167
            Page 168
            Page 169
            Page 170
        Wednesday, December 29
            Page 171
            Page 172
            Page 173
            Page 174
        Thursday, December 30
            Page 175
            Page 176
            Page 177
            Page 178
            Page 179
            Page 180
            Page 181
            Page 182
            Page 183
            Page 184
            Page 185
        Friday, December 31
            Page 186
            Page 187
            Page 188
            Page 189
            Page 190
    January 1848
        Saturday, January 1
            Page 191
            Page 192
            Page 193
            Page 194
            Page 195
            Page 196
            Page 197
            Page 198
            Page 199
        Monday, January 3
            Page 200
            Page 201
            Page 202
            Page 203
            Page 204
            Page 205
            Page 206
            Page 207
            Page 208
        Tuesday, January 4
            Page 209
            Page 210
            Page 211
            Page 212
            Page 213
            Page 214
        Wednesday, January 5
            Page 215
            Page 216
            Page 217
            Page 218
            Page 219
            Page 220
            Page 221
            Page 222
            Page 223
            Page 224
            Page 225
        Thursday, January 6
            Page 226
            Page 227
            Page 228
            Page 229
            Page 230
            Page 231
            Page 232
            Page 233
            Page 234
            Page 235
            Page 236
        Friday, January 7
            Page 237
            Page 238
            Page 239
            Page 240
            Page 241
            Page 242
            Page 243
            Page 244
            Page 245
            Page 246
            Page 247
            Page 248
            Page 249
        Saturday, January 8
            Page 250
            Page 251
            Page 252
            Page 253
            Page 254
            Page 255
            Page 256
            Page 257
            Page 258
            Page 259
            Page 260
            Page 261
            Page 262
    Bills to provide for common schools in Florida: Senate bill
        Page 263
        Page 264
        Page 265
        Page 266
        Page 267
        Page 268
        Page 269
        Page 270
        Page 271
        Page 272
    Bills to provide for common schools in Florida: House bill
        Page 273
        Page 274
        Page 275
        Page 276
        Page 277
        Page 278
        Page 279
        Page 280
Full Text

JWURNJAL F .THEj PsROICElNGS
^OT~i~l I Ti EW~E|



OF THE



E



HOUSE OF REPRESENTATIVES

OF THE


GENERAL ASSEMBLY

OF THE



STATE



OF FLORIDA,



AT ITS



TaH=ORD



Begun and held at the Capitol, in the City of Tallahassee,
on Monday, Twenty-second November, 1847.



0



TALLAHASSEE:



OFFICE OF THE FLORIDA SENTINEL :
PRINTED BY JOSEPH CLISBY.



1



847.



__ __



glEgm@H9












20



WEDNESDAY, November 24, 1847.
The House being called to order at 10 o'clock, pursuant to adjourn,
inent, and the roll called, there was a quorum present.
The Journal of yesterday was read, and approved by the House.
Mr. Waterson moved a reconsideration of the resolution ofyester,
day, that a committee of five be appointed to receive proposals for the
Printing of the House, during this session.
On which motion the yeas and nays being called by Messrs. Black-
burn and Forward, were as follows :
Yeas-Messrs. Bannerman, Bradwell, Bryan,Chain, Collins, Craw-
ford, Hall, Hagner, Henderson, Higginbotham, Johnston, W. M. Max-
well, Morrison, Quiggles, Scott, Smith, Waterson & Mr. Speaker, 18.
Nays-Messrs. Aldrich, Allison, Blackburn, Cook, Forward, Gar-
rason, Hancock, Hobart, King, A. E. Maxwell, Mitchell of Jackson,
Mitchell of Monroe, Ross, Shields and Taylor-15.
So the motion prevailed.
On motion of Mr. Hagner, the committee which had been appoint.
ed in pursuance of said resolution, were discharged.
On motion of Mr. Hagner, ordered that Mr. Forward's resolution
of yesterday, relative to the Printing of the House during this session,
be placed among the orders of the day for to-day.
Mr. Hagner gave notice that he would, "on to-morrow, ask leave
to introduce a Bill to repeal so much of the act of last session, enti-
fled 'An Act concerning Grand and Petit Jurors,' as provides that fif-
teen men shall compose the Grand Jury-and to restore the original
panel of twenty-three men to that body."
Mr. Forward gave "notice that he will on Friday next, introduce a
Bill, to be entitled "An Act to facilitate the draining of the Twelve-
mile Swamp," in the county of St. Johns."
Mr. Blackburn gave notice that he will, on some future day, ask
leave to introduce a Bill, to be entitled "An Act to secure the right of
preemption to settlers on public lands located by the State." Also, a
Bill to be entitled "An Act to require the County Commissioners in
the several counties in the State, to levy a tax for the purpose of pay-
ing the jurors in their respective counties. Also, a Bill to be enti-
tled "An Act to change the time of holding the election for county of-
ficers throughout the State."
Mr. Allison gave notice that he will, on some future day, ask leave
to introduce a Bill, to be entitled "An Act making provision for the
payment of Jurors."
Mr. Allison then offered the following resolution:
Whereas, with a view of developing the resources of the country,
and enhancing the value of the public domain generally, it has been
the wise policy of the General Government, to invite emigration to
newly acquired territories, by offering preemption rights to actual set.
lers on public lands: And, whereas also, many of the good citizens
of the State have not been enabled to comply with the many techni-
calities of the existing preemption laws, whereby their homes are now
subject to be entered from under them by the speculator:





)1
fto J



Ther(jere be it Resolved, Tihat our Selnators in (Congress be in
structed, and our Representative requested to exert themselves, to
procure at the next session of Congress, the passage of a law making
it the duty of any person or persons whatsoever, before entering any
tract or parcel of the land belonging to the General Government, ly-
ing within the State of Florida, on which there may be residing at the
time an actual settler or settlers, to give said occupant or occupants,
at least six months notice in writing, of the intention to make such
entry, to the end that they have an opportunity of securing their
homes.
Which was read, and on motion of Mr. Allison ordered for a sec.
ond reading on Monday next.
Mr. Chain offered the following resolutions, viz:
1. Resolved, That the certificates of election made out and de-
livered to Stephen Richards, Esq., and Francis Arnou, Esq., respec-
tively, by the Judge of Probate of Calhoun County, together with the
certificates of the poll book, and the election returns and other papers
relative thereto, transmitted to the Secretary of State, and all other
evidences in possession of either of said parties, be referred to the
Committee on Elections, with instructions to report: first, Whether
either of said parties has a legal certificate of election to this House ;
Second, Whether from the certificates, returns, and other evidences,
so referred, it is made to appear, which of said parties was elected
to the office of Assemblyman by a majority of the voters of said
County of Calhoun.
2d. Resolved, That said Committee recommend to this House
such action as they shall deem just to the rights of both of said
parties, and the voters of said County of Calhoun; and that said
Committee have power to send for persons and papers;" which were
adopted.
The Speaker then announced Messrs. Bradwell, Blackburn, Hall,
Hobart, and Smith, Committee on Elections.
Mr. Hagner offered the following resolution:
Resolved, That a Committee of three be appointed to secure the
services of a Chaplain for this House during the present session, at
a compensation not more than that appropriated at the last session.
The yeas and nays being called on this resolution by Messrs. Black,
burn and Hagner were :
YEAs-Messrs. Aldrich, Allison, Bannerman, Chain, Collins,
Crawford, Forward, Garrason, Hagner, Hancock, Hobart, King, A.
E. Maxwell, W. M. Maxwell, Quiggles, Scott, Shields, Smith, Tay.
lor, and Waterson-21.
NAYs-Messrs. Blackburn, Bradwell, Bryant, Cook, Henderson,
Higginbotham, Johnston, Mitchell of Jackson, Mitchell of Monroe,
Morrison, Ross, and Mr. Speaker-12.
So the resolution was adopted, and Messrs. Hagner, Forward and
Allison were appointed said Committee.
The alteration of the Constitution of this State proposed by the
General Assembly at its last session, and published as required by





22



the Constitution, entitled An Act so to amend the Constitution of
this State as to extend to all free white male inhabitants, being citi.
zens of the United States, who shall have resided within the State
one year, the elective franchise," was taken from the orders of the
day, and read three several times, pursuant to the Constitution, and
ordered for a similar reading to-morrow.
The alteration of the Constitution of this State proposed by the
General Assembly at its last session, and published as required by
the Constitution, entitled An Act so to amend the Constitution of
this State, as to make the sessions of the General Assembly biennial
instead of annual," was taken from the orders of the day, and read
three several times, pursuant to the Constitution, and ordered for a
similar reading to-morrow.
The following resolution was taken from amongst the orders, to wit:
Resolved, That a Committee of five be appointed by the Speaker
to receive proposals for the printing of the House during its present
session, and report at an early a day as possible; which was read
and Mr. Hagner offered the following substitute, viz : That the House
will now proceed to the election of a printer, upon terms of compen-
sation which shall hereafter be fixed by the House.
Whereupon the yeas and nays being called by Messrs. Allison
and Blackburn, were as follows:
YE is-Messrs. Bannerman, Bradwell, Bryan, Chain, Collins,
Crawford, Hall, Hagner, Henderson, Higginbotham, Johnston, W.
M. Maxwell, Morrison, Quiggles, Scott, Smith, Waterson, and Mr.
Speaker-18.
NAYs-Messrs. Allison, Blackburn, Cook, Forward, Garrason,
Hancock, Hobart, King, A. E. Maxwell, Mitchell of Jackson, Mitch-
ell of Monroe, Ross, Shields, and Taylor-14.
So the said substitute was accepted.
Mr. Forward then moved to strike out after the word Resolved"
and substitute That the printing of this House during the present
session shall be executed upon the following terms, to wit:
The miscellaneous printing for of a cent per hundred words, in-
cluding 75 copies of daily slips of the Journal of proceedings, and
75 cents per page of Pamphlet Journal of a corresponding size of the
Journal of the House of Representatives, counting one copy-500
copies of the same to be neatly printed and published-and that bond
and security be given for the faithful performance of the work.
Upon which the yeas and nays being called by Messrs. Forward
and Blackburn, were as follows:
YEAS-Messrs. Allison, Cook, Forward, Garrason, Hancock, Ho-
bart, King, A. E. Maxwell, Mitchell of Jackson, Mitchell of Monroe,
Ross, Shields, and Taylor-14.
NAYs-Messrs. Bannerman, Bradwell, Bryan, Chain, Collins,
Crawford, Hall, Hagner, Henderson, Higginbotham, Johnston, W. M.
Maxwell, Morrison, Quiggles, Scott, Smith, Waterson, and Mr.
Speaker-18.
So the substitute was rejected,












JOURNAL, &C.

MONDAY, November 22, 1847,
On which day being the day fixed by the Constitution of this State
for the meeting of the General Assembly, at 1 o'clock P. M., Mr.
Mariano D. Papy, Clerk to the late House of Representatives, called
the Members elect to order and proceeded to call the roll by Coun-
ties, when the following named Members appeared and presented the
evidence of their election :
From Washington County-John W. Cook.
Jackson Benjamin J. J. Mitchell.
Calhoun Francis Arnou.
Franklin Peter Hobart.
Gadsden A. K. Allison and Joseph L. Shields.
Leon Augustus E. Maxwell.
Jeferson E. E. Blackburn and Joshua Taylor.
"6 Columbia James L. King.
Alachua Louis Aldrich.
Benton Isaac Garrison.
Hillsborough William Hancock.
John R. Mitchell stating that the certificate of his election as Rep-
resentative from Monroe County, has not arrived, as expected by him
when he left his home, Mr. Blackburn moved that his name be en-
rolled as the Representative from said County, which motion prevail-
ed. There being no quorum present, on motion of Mr. Allison the
Members adjourned till to-morrow morning, 10 o'clock.

TUESDAY, November 23, 1847.
The members met pursuant to adjournment. The roll of Counties
was again called, and the following members who did not appear on
yesterday, presented certificates of their election, viz:
From Escambia County.-Joseph Quiggles.
From Santa Rosa County.-John Chain.
From Walton County.-John Morrison.
From Jackson County.-William Hall.
From Gadsden County.-Miles M. Johnston, and Daniel Brad-
well.
From Leon County.-Thomas H. Hagner, William M. Maxwell,
and Charles Bannerman.
From Wakulla County.-John L. Crawford.
From Jeferson County.-Thomas Ross.
From Madison County.-Samuel T. Henderson.
From Hamilton County.-Milton J. Bryan.
From Columbia County.-George H. Smith.
From Levy County.-John Waterson.





4



From Duval County.-Archibald Collins and Joseph B. Lancaster.
From Nassau County.-Joseph Higginbotham.
From St. Johns County.-William A. Forward.
From Marion County.-John Scott.
The calling of Galhoun County having been omitted, because of
the presentation of a certificate of election on yesterday by Francis
Arnou, Mr. Lancaster moved that the said County be again called,
which motion prevailed; and the said County being again so called,
Stephen Richards also presented a certificate of his election as the
.Representative from said County.
On motion of Mr. Lancaster, Mr. William M. Maxwell was called
to the Chair.
Mr. Hagner then offered the following preamble and resolution:
Whereas, inasmuch as Francis Arnou, Esq. and Stephen Richards,
Ejq. have each presented to the Clerk of this House a certificate of
election to this House, of even date, signed by the Judge of Probate
of Calhoun County, the said County being entitled to but one mem-
ber : Therefore-
Resolved, That the other members elect who have presented their
certificates, be sworn in, and the House organize, and thereafter that
the matter of said election be fully and fairly acted upon, as the
House shall direct.
Mr. Forward moved in amendment of said resolution, that the
Secretary of State be requested to furnish to this body a certified
copy of the certificate, signed by the Judge of Probate of the County
of Calhoun, of the result of the election for Assemblyman in said
County, as certified to him, that the same may be read, before taking
the vote on said resolution.
The Chair decided said amendment to be out of order.
Mr. Blackburn then offered the resolution presented by Mr. For-
ward, as a substitute for the resolution offered by Mr. Hagner.
Mr. Allison called for the ayes and noes on the reception of said
substitute.
The chair decided the call to be out of order.
The question then was upon the reception of said substitute, and
was carried in the negative.
The question then recurred upon the adoption of the resolution
offered by Mr. Hagner.
The yeas and nays being called for by Mr. Allison and admitted
by general consent, were as follows :
Yeas-Messrs. Bannerman, Bradwell, Bryan, Chain, Collins,
I rawford, Hall, Hagner, Henderson, Higginbotham, Johnson, Lan-
caster, William M. Maxwell, Morrison, Quiggles, Scott, Smith, and
Waterson-18.
Nays-Messrs. Aldrich, Allison, Blackburn, Cook, Forward, Gar-
rison, Hancock, Hobart, King, A. E. Maxwell, Mitchell, of Jackson,
Mitchell, of Monroe, Ross, Shields, and Taylor-15.
So the resolution was adopted.
Mr. Blackburn then offLred the resolution proposed by Mr. For-





v



5

ward as an amendment to the resolution offered by Mr. Hagner, as
an addition to Mr. Hagner's resolution.
The chair decided the same to be out of order.
The roll was then called, and the following members were sworn
in by the Hon. James E. Broome, Judge of Probates for Leon Coun-
ty, to wit:
From Escambia County-Joseph Quiggles.
From Santa Rosa County-John Chain.
From Walton County-John Morrison.
From Washington County-John W. Cook.
From Jackson County-Benjamin J. J. Mitchell and William Hall.
From Franklin County-Peter Hobart.
From Gadsden County-A. K. Allison, James L. Shields, Miles
M. Johnston, and Daniel Bradwell.
From Leon County-A. E. Maxwell, Thomas H. Hagner, Wm.
M. Maxwell, and Charles Bannerman.
From Wakulla County-John L. Crawford.
From Jeferson County--E. E. Blackburn, Joshua Taylor, and
Thomas Ross.
From Madison County-Samuel T. Henderson.
From Hamilton County-Milton J. Bryan.
From Columbia County-James L. King and George H. Smith.
From Levy County-John Waterson.
From Alachua County-Louis Aldrich.
From Duval County-Archibald Collins, and Joseph B. Lancaster.
Foom Nassau County-Josephi Higginbotham.
From St. John's County-William A. Forward.
From Marion County-John Scott.
From Benton County-Isaac Garrison.
From Hillsborough County-William Hancock.
Mr. Mitchell of Monroe not having a certificate of his election,
upon a statement made by him, was on motion of Mr. Blackburn,
sworn in.
Mr. Lancaster moved that the House now proceed to the election
of a Speaker, which motion prevailing,
Mr. Hagner nominated Joseph B. Lancaster, and Mr. Blackburn
nominated Benjamin J. J. Mitchell.
The voting was as follows:
For Lancaster-Messrs. Aldrich, Bannerman, Bradwell, Bryan,
Chain, Collins, Crawford, Garrison, Hall, Hagner, Henderson, Hig-
ginbotham, Johnson, William M. Maxwell, Morrison, Quiggles, S .ott,
Smith, and Waterson-19.
For Mitchell-Messrs. Allison, Blackburn, Cook, Forward, Han-
cock, Hobart, King, A. E. Maxwell, Mitchell, of Monroe, Ross,
Shields, and Taylor-12.
Blank-Messrs. Lancaster, and Mitchell, of Jackson-2.
Mr. Lancaster having received the necessary majority, was de-
clared duly elected Speaker of the House.
Whereupon, on motion of Mr. Hagner, a committee of two, con-





6



sisting of Messrs. Hagner and Chain, was appointed to conduct the
Speaker elect to the Chair, who, upon assuming the duties thereby
imposed upon him, returned his thanks to the House for the honor
conferred upon him, in a brief and chaste address.
Mr. Allison moved that the House proceed to the election of a
Chief Clerk, which motion prevailing,
Mr. Scott nominated William B. Lancaster, and Mr. Allison
nominated Mariano D. Papy.
The following is the result of the voting:
For Papy.-Messrs. Allison, Blackburn, Cook, Forward, Garra.
son, Hancock, Hobart, King, A. E. Maxwell, Mitchell of Jackson,
Mitchell of Monroe, Ross, Shields, and Taylor-14.
For Lancaster.-Messrs. Aldrich, Bannerman, Bradwell, Bryan,
Chain, Collins, Crawford, Hall, Hagner, Henderson, Higginbotham,
Johnston, William M. Maxwell, Morrison, Quiggles, Scott, Smith,
Waterson, and Mr. Speaker-19.
Mr. Lancaster having received the requisite majority, was declared
duly elected Chief Clerk, and the oath of office was administered to
him by the Speaker.
Mr. Blackburn then moved that the House proceed to the election
of a Doorkeeper and Sergeant at Arms, which motion prevailing,
Mr. Crawford nominated N. A. Jamieson, and Mr. Allison nomi-
nated Samuel B. Foster.
The following is the result of the voting:
For Jameson.-Messrs. Bannerman, Bradwell, Chain, Collins,
Crawford, Hagner, Henderson, Johnston, W. M. Maxwell, Morrison,
Quiggles, Scott, Waterson, and Mr. Speaker-14.
Mr. Foster.-Messrs. Aldrich, Allison, Blackburn, Bryan, Cook,
Forward, Garrason, Hall, Hancock, Higginbotham, Hobart, King,
A. E. Maxwell, Mitchell of Jackson, Mitchell of Monroe, Ross,
Shields, Smith, and Taylor.-19.
Mr. Foster having received the requisite majority, was declared
duly elected Messenger and Doorkeeper, and the oath of office was
administered to him by the Speaker.
Mr. Blackburn then moved that the House proceed to the election
of a Sergeant at Arms, which prevailing,
Mr. Johnston nominated William J. Atwater, and Mr. A. E. Max-
well nominated Benjamin G. Thornton. The voting was as follows :
For Thornton, Mr. A. E. Maxwell-1.
For Atwater, Messrs. Aldrich, Allison, Bannerman, Bradwell, Bry-
an, Chain, Collins, Cook, Crawford, Forward, Garrison, Hagner,
Hancock, Henderson, Higginbotham, Hobart, Johnston, King, W. M.
Maxwell, Mitchell of Jackson, Mitchell of Monroe, Morrison, Quig-
gles, Ross, Scott, Shields, Smith, Taylor, Waterson, and Mr.
Speaker-31.
Mr. Atwater having received the requisite majority, was declared
duly elected Sergeant-at.Arms, and the oath ofoffice was administered
to him by the Speaker.
Mr. Allison offered the following resolution:






7



Resolved, That the Chief Clerk be authorized to let out to the low-
est bidder, the enrolling and engrossing that may be necessary for the
House during the present session, and that he be allowed extra com-
pensation therefore.
On motion of Mr. Hagner, said resolution was postponed till this
afternoon.
On motion of Mr. Blackburn, the following Protest was ordered to
be spread on the Journals:
The undersigned, Members of the House of Representatives of the
General Assembly of the State of Florida, hereby enter their solemn
Protest against the course pursued by sixteen Members, elect, of the
said House, who were in this city on yesterday, in not attending in
the House at the time appointed by the Constitution, for the purpose
of organizing said House, as they were in duty to the good people of
this State bound to do.
E. E. BLACKBURN, of Jefferson Co.,
JOSHUA TAYLOR, "
J. GARRASON, of Benton Co.,
A. K. ALLISON, of Gadsden Co.,
J. L. KING, of Columbia Co.,
J. L. SHIELDS, of Gadsden Co.,
WM. HANCOCK,
FRAN'S. ARNOU, of Calhoun Co.,
JOHN R. MITCHELL, of Monroe Co.,
PETER HOBART, of Franklin Co.,
B. J. J. MITCHELL, of Jackson Co.
Nov. 23, 1847.
On motion of Mr. Blackburn, the House took a recess till three
o'clock, P. M.

3 O'CLOCK, P. M.
The House met and the roll being called, there was a quorum
present.
A committee was received from the Senate, who announced that
the Senate was organized and ready to proceed to business.
Mr. Scott offered the following resolution, to wit:
Resolved, That a committee of three be sent to the Senate, infor-
ming that body that a quorum of the House of Representatives is
assembled, that they have elected Joseph B. Lancaster, Esq., one of
the members from Duval, Speaker; William B. Lancaster, Clerk,
and is now ready to proceed to business.
Which was adopted; and Messrs. Scott, Forward, and Smith ap-
pointed said committee.
On motion of Mr. Blackburn, a committee consisting of Messrs.
Blackburn, Hagner, and Johnston, was appointed to wait on His Ex.
cellency the Governor, in connection with a similar committee on the
part of the Senate, and inform him that the General Assembly was
now organized and ready to receive any communication he may have
to make.





8



A committee was received from the Senate who announced that
they were appointed to wait on His Excellency the Governor, together
with a committee on the part of the House, and inform him that the
General Assembly was organized and ready to receive any commu-
nication he may have to make.
The committee appointed to wait on the Governor, after a short
interval, returned, and reported that they had performed the duty im.
posed upon them.
Mr. Chain offered the following resolution, viz:
Resolved, That the Standing Rules of the last House of Represen-
tatives of Florida be, and they are hereby, made rules of this House
for the next ensuing five days, and that a committee of five members
"be appointed to revise said rules, and report within the said five days
such alterations and amendments as may be deemed advisable;
which was adopted, and Messrs. Chain, Forward, Allison, William
M. Maxwell, and Hagner, appointed the committee therein men-
tioned.
The following Message was received from His Excellency the
Governor :
Gentlemen of the Senate
and House of Representatives:
In the communication made to the last General Assembly, the Ex-
ecutive had the happiness to congratulate his fellow-citizens with re-
gard to the blessings of health and of prosperity in their varied
pursuits. It is a source of heartfelt satisfaction to be enabled to give
you, at this time, new assurances of the continuance of the favors of
Providence. The current year has but increased our obligations to
the great Source of our multiplied bounties. At no period, since the
organization of the State Government, have we had more cause of
gratitude for the continuation of health, the rich rewards of industry,
and the steady advancement of our great social interests and moral
improvement, than at the present. Being thus signally blessed, it
becomes our duty when entering upon the discharge of those trusts
confided to us as the representatives of the people, not only to express
our thankfulness and gratitude for the past, but so to invoke the aid
and guidance of that Almighty Being who controls events, as that all
our deliberations may be directed to the advancement of the great
interests of the people and the promotion of the honor and reputation
of the State. Without such aid we cannot hope for success.
With these preliminary remarks, I proceed to the discharge of a
highly responsible and important duty, imposed upon the Chief Ex-
ecutive Magistrate of the State, at the commencement of the annual
sessions of the General Assembly, contained in that clause of the Con-
stitution of the State which requires of him to lay before that body
"information in connection with the administration of the Govern.
ment, and the recommendation of such measures as may be deemed
expedient and proper to promote the general welfare."
Upon a review of the Acts and Resolutions adopted by the Gene.





9

eral Assembly since the organization of the State, I take this oppor-
tunity to invite your attention to the Act of 10th December, 1845,
providing for a Digest of the Territorial and State Laws, and to a
stipplementary Act of the same session, providing for the collection
and arrangement of the Statutes of Great Britain of force in this
State. It will be seen, by an examination of the Acts referred to,
that the purpose of the General Assembly was not only to have a
thorough Digest of all the Acts of the Territorial Legislature, of a
public character, and then in force, including such as might be passed
by the General Assembly up to the fall session of 1846, but to col.
lect and arrange, under appropriate heads, all the Statutes of Great
Britain of force in this State. I have now the satisfaction to inform
you that, in the discharge of the duties assigned the Executive in the
Acts above named, L. A. Thompson, Esq., was commissioned to
carry into exectition this wise measure of the General Assembly.
A complete Digest, in accordance with the provisions of the first Act,
of inestimable value to the State, the compilation and completion of
which might well have been considered the work of years, has been
carried through the press within a year from its inception, and is now
submitted to the General Assembly for such additional legislation, if
any, as may be necessary to perfect the work.
I have deemed it proper to give this work a prominent position in
this communication for several reasons, the justness of which will be
readily seen. Frequent changes in public laws are of themselves
evils of no ordinary magnitude. In a government like ours, with a
population comparatively sparse, scattered over an extensive territory,
with few facilities of intercommunication, such changes are pecu-
liarly so. That the Digest under notice will meet the reasonable ex-
pectations of the public, the high reputation of the commissioner is
believed to be a sufficient guaranty, independently of the unqualified
approval and commendation of the commission appointed to approve
or disapprove of the work as their judgments might dictate. From
these considerations, it is earnestly but respectfully recommended,
that no additional legislation (at least of a public nature and in re-
peal of the Acts composing the Digest) may be had at the present
session; unless such legislation will be obviously productive of posi-
tive public good. It would seem to be wise policy, at least, to allow
experience to test the inefficiency of this work-a work of industry,.
energy and talent-before we attempt to improve it by legislation of
doubtful expediency.
The collection and arrangement of the Statutes of Great Britain
of force in this State, contemplated in the provisions of the supple-
mentary act referred to, have not yet been completed, but will re-
ceive the prompt attention of the commissioner at an early day.
In the annual message to your immediate predecessors, I felt it to
be my duty to recommend the following amendments to the Constitu-
tion of this State, to wit:
1. Biennial, instead of annual sessions of the Gen Assembly, & the
term of service of the members thereof, amended as to conform thereto.
2





10



2. A residence of six months, instead of two years, within the State,
as necessary qualification to suffrage.
3. So amend the 12th Section of the 5th Article, that the election
of Judges of the Circuit Courts be hereafter made directly by the peo.
ple by general ticket from the entire State, without in other respects
interfering materially with the alternating system as at present estab-
lished by law; and, that their term of service should not continue more
than ten nor less than five years.
It is a gratification to embrace this opportunity to advise you of the
adoption, in part, of these recommendations, by the last General As-
sembly, (and of their publication in the public Journals of the State,
in conformity to that clause of the Constitution which provides for
amendments by your body); but this gratification on the one part, 1s
coupled with a deep regret on the other, that the amendments were
not adopted to the full extent of the recommendation.
The first amendment provides that the members of the House of
Representatives shall be chosen by the qualified voters, and shall serve
for the term of two years, from and after the day of the first election
under the amended Constitution, and no longer; and the sessions of
the General Assembly shall be biennial, and commence on the 4th
Monday in November in each and every second year or at such other time
as shall be prescribed by law. The second amendment designates the
first Monday in October, in each and every second year, as the day
on which elections shall be held for members of the House of Repre-
sentatives, or on such other day as may be directed by law. The
third amendment provides that Senators shall be chosen by the qual.
ified electors for the term of four years, not differing in other respects
from the existing Constitution. The fourth amendment provides for
the classification of the Senators, so as to conform to the third amend.
ment in the extension of their term of service from two to four years.
The foregoing are in substance the amendments, as agreed to by
the last General Assembly, to the 4th Article of the Constitutio.. If
it should be the pleasure of the Legislature now in session, to estab-
lish biennial instead of annual sessions, the adoption of the first clause
of the first amendment, as to term of service of members of the House,
and of the entire second amendment, as to the day and year of elec-
tion, will necessarily follow. By the third amendment, it will be seen
that the Senatorial term is extended from two to four years. In re-
gard to this amendment, I may remark that although it is the privilege
of, and may be considered an imperative duty imposed upon, the Ex-
ecutive, to recommend such amendments to the Constitution, as in his
judgment the public good may demand, that privilege extends no far-
ther. Such, at least, was the construction placed upon the powers of
the Executive by the General Assembly and by himself, at its last
session-namely, that the General Assembly was to all intents a Con-
vention of the People when amendments to the Constitution were un.
der consideration, and as such, entirely independent of the Executive.
But to recur to the amendment in question, it is to me a matter of un-
feigned regret that the adoption of biennial sessions, (a measure which






11



I have advocated at all times and on all proper occasions, from a con-
viction that, if incorporated into the Constitution, apart from much pos-
itive good resulting from its adoption, many existing evils would be
avoided), should have been rendered highly objectionable by extend-
ing the term of service of Senators, to an unusual and extraordinary
length. Long terms of office, particularly of a political nature, are,
it is believed, in opposition to the genius and spirit of our Republican
institutions, and may be said to be indirectly in violation of the maxim,
that "frequent recurrence to fundamental principles is absolutely ne-
cessary to preserve the blessings of liberty." It is therefore most
earnestly recommended to you, as the immediate representatives of
the people, so to amend the amendment of the last session as that the
term of members of neither branch of the General Assembly shall ex-
tend beyond two years. Aside from objections founded on principle,
it may be remarked that, in a young State like Florida, whose popula-
tion is gradually increasing by accessions composed of much of the
intelligence, wealth and industry of sister States, upon whom, with-
out delay, the burthens of government are imposed, it is surely impol-
itic, to say the least, to deprive them by the organic law, of the priv.
ileges of citizens for a protracted length of time.
It is also recommended to amend the amendment to the 1st Sec-
tion of the 6th Article, by striking out the words "one year" where-
ever they occur and inserting six months." I readily admit that I
am at a loss to see either the justice or policy of the Article as it now
exists. So far as it discourages emigration to the State, it is most
certainly objectionable, as a wise policy would dictate every possible
incentive to emigration not endangering the public safety. So far
as it operates unequally upon all who are citizens of the same State,
it is not only anti-republican but unjust.
I avail myself of the present occasion, also, to invite your attention
to another suggested amendment, of paramount importance to the in.
terests of the people of the State. My views in relation to it, to a ve-
ry limited extent, engaged the attention of the General Assembly at
its last session. I allude to the change then recommended by me as
to the tenure of office and the mode of election of Judges of the Cir-
cuit Courts. Ifthe existing provisions of the Constitution be not chang-
ed, an election of Judges, during good behaviour, will be made by
the Legislature three years from this time. It is obvious, then, that there
is no time to be lost in discussing and maturely considering any pro-
posed change of the Constitution in that regard, as it must be adopt-
ed, if at all, by two successive Legislatures within that period. This
circumstance, coupled with a sense of duty, is my apology for what might
otherwise seem undue importunity in again earnestly invoking your at.
tention to this subject. Reflection, subsequent to the date of my last
message, and continued and anxious observation of the two modes of
electing Judges, as exhibited in other States, have but confirmed my
opinions heretofore expressed, and increased my desire to have the
Constitution so amended as to provide for the election of the Judges
pfthe Circuit Court by a direct vote of the people. It is difficult to.





12



account for the existing anomaly in our State Constitution which for,
bids to the people a voice in the selection of those of their public ser-
vants who, perhaps, of all others, have the most to do with taking care
of their interests. Though the Laws under which we live be enact-
ed by the immediate representatives of the people, yet it is obvious
that their true value depends upon their proper administration by the
Judicial officers of the Government. An incompetent or faithless
Judge may render practically worthless the best system of laws,
while an honest one has it in his power to avoid many of the
evils of hasty legislation. The adoption of the existing system,
is regarded as a lingering distrust of the capacity of the people
for self-government, derived fiom our English ancestors-man-
ifestly a system opposed to the spirit qf our free institutions and to the
rights of the people. The objections usually made to the proposed
system of election, I have reason to believe, exist more in apprehen-
sion than in fact. So far as my observations and enquiries have ex-
tended as to the effects of the system in other States where it has
been adopted, none of the results usually predicted by its opponents
have been experienced, while all the benefits anticipated by its friends
have been realized in an eminent degree. If, then, the position here
assumed be true, that the system proposed secures the selection of
Judges not less vigilant in the discharge of their duties, and in other
respects equally entitled to public confidence with those selected by
intermediate agents, no exceptions can be taken to it on this ground.-
And the Legislature certainly will not disregard another very impor-
tant consideration, namely, that a direct vote by the people for Judges
of the Circuit Court is their undoubted right-a right hitherto with-
held; nor will they lightly esteem the fac', not less worthy of con-
sideration, that a postponement of this subject to another session of
the General Assembly, virtually nullifies this right-which you alone
under existing circumstances, have the power to restore.
In connection wfth this subject of the Judiciary system, my atten-
tion has been directed, at the request of many respectable citizens to
another important change in the organization of our Courts-hereto-
fore recommended at the adjourned term of the first General Assembly.
I submit this to you, a second time, for your consideration, on account
of its great utility and importance. I allude to a separate Chancery
Court. Among the many advantages of this measure which will oc-
cur to you, I will confine myself to one only ; and upon this point my
own observations have confirmed the reports of those better qualified
from their position to judge, and more directly interested. Most of
the suits in our Courts, involving large amounts of property, and
which render necessary the examination and discussion of the more
abstruse principles of the law, are, technically speaking, to be found
on the equity side of the Court Docket; and yet it is believed to be
a rule universally observed, (growing out of the existing system,) to
give precedence to law cases; the consequence of which, so far as
my observation has extended, has ever been, in all the States where
this system is in force, to postpone the more important business to thq






13



Tery last hours of the Court, which is then disposed of hastily, and in
most cases unsatisfactorily, or from necessity continued from term to
term, to the great detriment of the rights of the parties. I will not
enlarge upon this topic. The experience of every lawyer and many
a long-suffering suitor, will furnish evidence of what I have stated,
and of its injurious effects. Many of both classes have seen an en-
tire day devoted to the trial of some petty offender for some trifling
misdemeanor, or to establish the relative rights of parties to property
of less value than the costs incurred in the investigation; when af-
terwards a single hour of the Court (usually from exhaustion and the
want of time) could not be afforded to a controversy involving a large
amount of property and resting on complicated questions of law.-
The establishment of a separate Chancery Court would correct these
evils, and afford ample time and opportunity foi the deliberate admin-
istration of justice. I am aware, of course, that the proposed Court
would involve an additional expense, which should not be incautious-
ly incurred. But if its advantages are such as I have been induced
to suppose, I have reason to believe that a very brief experience would
reconcile every person to such expense. Moreover, the expense of
the Court might measureably be thrown upon those who would de-
rive most immediate benefit from it, and who would, doubltess, rejoice
to incur a small additional expense in exchange for the delays, em-
barrassments and other inconveniences to which they are now sub-
jected from the present system, It is believed that a tax of Five Dol-
lars upon every suit, with a small additional per centage on the amount
finally recovered, to be ascertained in some mode readily devised,
would nearly, perhaps entirely, pay the expenses of the Court, and, I
think, give general satisfaction,
At the first session of the General Assembly, a Resolution was
adopted authorizing the Executive to appoint fit and competent per-
sons to act and confer with persons to be appointed by the Executives
of Georgia and Alabama, as Commissioners to run and mark the
boundary line between the States of Georgia, Alabama and Florida,
in conformity with the treaty of 1795, between Spain and the Uni-
ted States. I regret to have to inform you that in regard to the line
between Georgia and this State, Commissioners were appointed on
the part of both, who, after a protracted effort to carry into effect the
object of the Resolution, eventually separated without having accom-
plished that object. This information having been communicated to
your immediate predecessors, with the correspondence and report of
the Commissioners, and no new instructions having been received in
relation to the subject, no farther attempt at negotiation has been
made. The same doubt and uncertainty as to the true line still exist.
The subject is again referred to you as a matter of deep concern,
not only to the people of the State, but more especially so to those
who live in the immediate vicinity of a line heretofore run and mar-
ked from Ellicott's Mound, near the source of the St. Mary's River,
to the junction of the Flint and Chattahoochie Rivers.
It is truly gratifying to me, however, to be enabled to inform you





14

that our negotiations with Alabama have been entirely successful.
Commissioners on the part of the respective States, together with a
gentleman of no ordinary reputation as Engineer, convened immedi-
ately after the adjournment of the last Legislature, and without en-
countering any serious obstacles to an adjustment of the line dividing
that State and Florida, united in a Report to their respective Governs
ments, which, with all the documents in connection with it, is now"
on file in the Executive Office, and will be submitted to the Legisla-
ture without delay, whenever its wishes in that respect are made
known. It may not be improper to remark, at this time, that the
report is highly satisfactory to the Executive, from a conviction that
the Commissioners have identified and agreed upon the line origin-
ally marked, being latitude 31 deg. north, and which, it will be re-
membered, is the boundary as fixed by the Treaty of 1795.
As the control and direction of the very liberal grants of Public
Lands made by the Federal Government to the State for Seminaries
of Learning, Common Schools and Internal Improvements, were
confided by the last General Assembly almost exclusively to the Re-
gister of Public Lands, it will scarcely be expected that I should do
more, at this time, than merely to remind you of the inestimable
value of these donations, and of the heavy responsibility resting upon
those to whom they have been entrusted. In my annual communi-
cations, heretofore made, I have considered it a paramount duty to
invite the attention of' the General Assembly to this subject, so as to
secure for those who succeed us, the full benefit of the grants. I
have on all such occasions expressed fully and without reserve my
views in relation to this subject, and feel gratified that I am now
enabled to assure you that the last General Assembly, with a zeal
and industry worthy the object to be attained, adopted such prelim-
inary measures as will, it is believed, if sustained by subsequent le-
gislation, attain the object desired.
With regard to the Sixteenth Sections of each Township, it is
recommended that Congress be memorialized for permission to sell
them on such terms as may be deemed advisable, on condition that
the proceeds of such sale be secured for the exclusive benefit of the
Townships in which they are located, and to be applied to the pur-
pose for which they were originally intended, and no other. I have
deemed it proper to refer particularly to these lands from the consid-
eration that experience has fully established the truth that unless
some immediate steps be taken to change the property, this fund
(which of all others might be rendered most valuable for the support
of Common Schools, the great nurseries of virtue and intelligence
among the people) must, at no distant day, be forever lost. It is
furthermore recommended, that similar application be made to ex-
change Sixteenth Sections that are utterly worthless for others more.
valuable, and that the inhabitants of Townships covered by large
grants, have the like privilege. Such privileges have been granted
to the States of Indiana, Arkansas, Illinois, and probably to others.
Since the establishment of the office of Register of Public Laund,






15



within the State, locations in conformity to the several grants of
Congress have been made to a considerable extent. In the discharge
of their duty, it is to be presumed that the Agents of the State have
made such selections as they deemed most valuable, without regard
to any claims existing, the validity of which was based exclusively
upon pre-occupation, without a color of legal title or of the right of
possession, as opposed to the Federal or State Governments. It is
believed that many such cases must have heretofore occurred. With
the view, therefore, of obviating any difficulties that may have arisen,
in all cases similarly circumstanced, it is recommended that provision
be made for all such occupants, where the possession existed previ-
ously to the year --, so as to secure to them privileges similar
to the provisions of the pre-emption law now in force, and extending
it to such time as shall be deemed advisable, when the privilege shall
cease. The provisions of such a law would, to some extent, lessen
the fund, (especially in cases where lands of the first quality had
been selected,) yet a consideration of this character will, it is to be
presumed, have but little weight with you, when it is recollected that
the alternative may be the ruin of many worthy pioneers with helpless
families.
There are other subjects to which the attention of the General As-
sembly has heretofore been invited; and which without entering into
an extended consideration of them, are again submitted for such ac-
tion as in your judgment they may respectively demand. Among
these, the most prominent are, the Finances of the State-the sever-
al Acts in relation to our coast Fisheries-and the fitness of the exis-
ting Militia Laws to the prompt and efficient organization of that arm
of the Government.
In relation to the Finances of the State, the Reports of the Comp-
troller, and Treasurer, herewith transmitted, furnish a clear, and, it
is believed, a very accurate statement of the receipts and expenditures
for the last fiscal year, with such remarks and explanations upon each
item in the expenditures appended as a sense of duty may have de-
manded. From a critical examination of the expenses of the Gov.
ernment since its organization, it will be found that no material dif-
ference exists in any of the items of expenditure for the years '45,
'46, '47 with the single exception ofthe items of expenditure for Crim-
inal Prosecutions and Contingent expenses of Courts. These, in my
judgment, demand of the General Assembly a thorough investigation.
They are large. The increase in one year has been without a para
allel. Independently of the salaries of the Judges, (which, it will be
remembered, are placed at the minimum sum authorized by the
Constitution) the amounts alone of the Contingent and Criminal ex-
penses of the Courts exceed the entire expenses of the General As-
sembly for the year 1846. The aggregate sum of these expenditures
throughout the State, for the fiscal year ending 31st October, 1846,
is $8,362,31, and for the year ending 81st October, 1847, $18,061 48,
making an excess of expenditures for the last, beyond those of the pre-
ceding year, of $9,699 17, and exceeding the expenses of the Genea





16



ral Assembly for the same year, in the sum of $4,508 20. In con-
clusion, I may remark that, although the expenditures have thus been
increased in the last year nearly ten thousand dollars, it is not doubt-
ed, if there should be prompt collection of the entire assessment of the
taxes for the same time, the balance, after deducting the ordinary ex-
penses for collection, will be found adequate to the wants of the Gov-
ernment. But I have no hesitation in saying (and my duty to the
public would seem to demand of me,) that if any additional burthen
shall be imposed upon the Treasury, increasing thereby the annual
expenditures of the Government to any considerable extent, there must
be a corresponding increase in the receipts, or the credit of the State
must of necessity be depreciated. The facts are before you, with you
is the remedy.
The cost of the Reports of the Supreme Court of the State, are
suggested from various sources, as a fit subject for the consideration
of the General Assembly. The decisions therein are the law of the
land, a knowledge of which cannot be les4 important to the people
than the Statute Laws.
Having thus recommended such measures of domestic policy as
were deemed entitled to a claim upon the consideration of the Repre-
sentatives of the People, they are submitted under the conviction that
not only these, but such additional subjects as you may think advisa-
ble, will receive proper consideration.
Within the present year, three requisitions for Volunteers for the,
service of the United States, have been forwarded to this Department
of the Government. It is really and truly gratifying to be enabled to
inform you that they were met with a promptness worthy of all com-
mendation. When it is remembered that our State had so recently
been the theatre of a war almost without a parallel for its savage bar-
barities, and for its withering and deadly influences upon all the ele-
ments of its prosperity, it is deemed complimentary to our fellow-cit-
izens that, under such adverse circumstances, these calls upon their
patriotism and gallantry, have been made. In remarking upon this'
subject, I will not forego the present opportune occasion to bear tes-
timrony to the gallant spirit which, from every division of our Southern
Peninsula State, has manifested itself for the energetic prosecution of
the war with the Mexican Republic-a manifestation not in words,
but in action. Notwithstanding a combination of influences, all hav-
ing a direct tendency to dampen the ardour, diminish the resources
and paralize the energies of our fellow-citizens for many consecutive
years, they have gallantly rallied at their Country's call, in numbers
proportioned to our military strength, that will bear an enviable com-
parison with any of the Sovereignties of our great Republic. With-
out stopping either to count the cost of the war, or to investigate the
truth of Senatorial denunciations, that it is "unjust," "unholy" and
"anti-christian," they have volunteered in the common cause of our
common country, with a determined zeal and a patriotism becoming
American citizens, ard have thus added new lustre to the honor of
their State.





17



Congress having made no provision to meet the expenses of V61.
unteer Companies contracted previously to their assembling at the
place of rendezvous, except on conditions hereinafter referred to. and
no provision having been made by the State for Companies hereto-
fore received, it is most earnestly recommended that a Resolution may
be adopted by you, authorizing the payment of these claims. Their
recognition on the part of the State, it would seem, would be but an
act of justice to our gallant Volunteers, under any circumstances;
but when it is known that many of them were without the pecuniary
means to meet their unavoidable expenses, it becomes a matter which
not only addresses itself to your sympathies, but places it upon the high-
er claim of undoubted right. It will be seen, by referring to a Reso-
lution of Congress, approved on the 3d March last, that the Secreta-
ry of War is required to refund to the States, expenses incurred un-
der similar circumstances,-which would seem to imply a payment
previously made by the State. Whatever construction may be put
upon the Resolution referred to, may be a matter of adjustment here-
after between the Federal and State Governments. The expenses of
the Volunteer Companies from Florida, were incurred on the call of
the authorities of the State, and their services have been rendered in
obedience to that call. From such premises, the responsibility of the
State to recognize these claims, in the first instance, would seem to
be the only legitimate conclusion.
Although our more immediate concern is in legislation upon such
matters as the State, in its independent capacity, is directly and ex-
clusively interested; yet, as one of the sovereignties of the Federal
Government, we cannot be indifferent either to the principles upon
which its legislation is based, or to the influence and effect of such
legislation when put into practical operation. Without again recur-
ing to the leading measures of the National Administration, I take
this occasion to remark that the views which I have heretofore ex-
pressed in relation to them, have in no instance been changed; but,
on the contrary, their soundness has been attested by experience and
observation. In regard, however, to the war with Mexico, it is to
me, I assure you, a source of deep and unfeigned regret that each
and every effort on the part of the National Government heretofore
made, to bring it to a happy and honorable termination, have been
wholly unsuccessful. A succession of victories, unsurpassed for their
brilliancy either in ancient or modern times, leaves but little room to
doubt as to the ultimate result of this unequal contest.
The solemn declaration of Congress, apart from other considera-
tions, made with an unanimity unparalleled in the annals of its leg-
islation, that THE WAR EXISTS BY THE ACT OF MEXICO," affords
ample and gratifying assurance that the National Legislature will ne-
ver direct its victorious troops to be ingloriously withdrawn from the
fields of their fame and their glory, and from a contest thus solemnly
declared to be brought about by. the act of its adversary, WITHOUT
INDEMNITY FOR THE PAST, AND SECURITY FOR THE FUTURE. If such
indemnity shall be secured by the accession of territory, (of which
8





18

there can be but little doubt,) it is believed that any act of the Na-
tiondl Legislature which shall appropriate such territory to the use of
one portion of the confederacy to the exclusion of another-or which
in its provisions shall annex as an express and fundamental condition
to the acquisition of such territory, "that neither slavery nor invol-
untary servitude shall ever exist in any part, except for crime where-
of the party shall first be duly convicted"-that any and all acts with
such provisions, would be usurpations of power not delegated by the
Constitution-unequal, unjust and oppressive in their effects; and to
which that portion of the confederacy, thus insulted, abused and in-
jured, can never consent without an inglorious surrender not only of
their reserved rights, but of those guarantied by the letter and spirit
of the National compact.
I have the honor to be, very respectfully, your ob't serv't,
W. D. MOSELEY.
Executive Office, November 23d, 1847.
Which was read; and on motion of Mr. Allison, 500 copies
thereof, together with the reports of the Comptroller and Treasurer,
were ordered to be printed and furnished for the use of the members
of the House.
Mr. Hagner moved that the Chief Clerk procure from the office of
the Secretary of State an act entitled "an act so to amend the Con-
stitution of this State as to extend to all free white male inhabitants,
being citizens of the United States, who shall have resided within
this State one year, the elective franchise ;" and also an act entitled
" an act to amend the Constitution of this State, so as to make the
sessions of the General Assembly biennial instead of annual," passed
at the last session of the General Assembly, and that the same be
placed among the orders of the day for to-morrow ; which motion
prevailed.
Mr. Allison moved that the House take up for consideration the
resolution authorizing the Clerk to let out to the lowest bidder the
enrolling and engrossing during the present session; which motion
was carried.
The question then being upon the adoption of said resolution, it
was lost.
Mr. Waterson moved that the House now proceed to the election
of an assistant clerk.
Upon which the yeas and nays were called by Messrs. Allison
and Shields, and were :
Yeas-Messrs. Aldrich, Bannerman, Bradwell, Bryan' Chain,
Collins, Crawford, Hall, Hagner, Henderson, Johnson, W. M. Max-
well, Morrison, Quiggles, Scott, Smith, Waterson and Mr. Spea-
ker-18.
Nays-Messrs. Allison, Blackburn, Cook, Forward, Garrason,
Hancock, Higginbotham, Hobart, King, A. E. Maxwell, Mitchell, of
Jackson, Mitchell, of Monroe, Ross, Shields, and Taylor-15.
So the motion prevailed.
The House then proceeded to the election of assistant clerk.







Mr. Blackburn nominated WilliamL Choice, and Mr. Smith nom-
inated Robert H. Hardie ; those voting for Mr. Hardie, were:
Messss. Aldrich, Bannerman, Bradwell, Bryant, Chain, Collins,
Crawford, Hall, Hagner, Hancock, Henderson, Higginbotham, John-
ston, King, W. M. Maxwell, Mitchell, of Monroe, Morrison, Quig-
gles, Scott, Smith, Waterson, and Mr. Speaker-22.
Those voting for Mr. Choice were:
Messrs. Allison, Blackburn, Cook, Garrason, Hobart, Mitchell of
Jackson, Ross, Shields, and Taylor-9.
Messrs. Forward and A. E. Maxwell voted for E. M. West-2.
Whereupon, Mr. Hardie was declared duly elected Assistant
Clerk of the House.
On motion of Mr. Hagner, the House now proceeded to the elec-
tion of an Enrolling and Engrossing Clerk.
Mr. W. M. Maxwell nominated Wilkinson Call, and Mr. Taylor
nominated Wm. Choice, for said office.
Those voting for Mr. Call, were Messrs. Aldrich, Bannerman,
Bradwell, Bryan, Chain, Collins, Crawford, Hall, Hagner, Hender-
son, Higginbotham, Johnston, W. M. Maxwell, Morrison, Quigles,
Scott, Smith, Waterson, and Mr. Speaker-19.
Those voting for Mr. Choice, were Messrs. Allison, Blackburn,
Cook, Forward, Garrason, Hancock, Hobart, King, A. E. Maxwell,
Mitchell, of Jackson, Mitchell, of Monroe, Ross, Shields Taylor-14.
Whereupon Mr. CALL was declared duly elected engrossing and
enrolling Clerk of the House.
On motion of Mr. Allison, Messrs. Hardie and Call, elected Clerks
of this House, were duly sworn according to law.
Mr. Forward offered the following resolution, viz:
Resolved, That a committee of five be appointed by the Speaker,
to receive proposals for the Printing of the House during its present
session, and report at as early a day as possible.
Mr. Hagner offered the following substitute:
Resolved, That the House will now proceed to the election of a
Printer, upon terms of compensation which shall hereafter be fixed
by the House.
Which substitute was rejected, and the original resolution adopted.
Messrs. Forward, Hagner, Johnston, W. M. Maxwell, and Black-
burn, were appointed said Committee.
On motion of Mr. Blackburn, it was ordered that the Chief Clerk
apply at the office of the Secretary of State, for such documentary ev-
idence touching the election to this body of a Member from Calhoun
County, as may be there filed; and that he have the same ready to
produce at the sitting of the Houseto-morrow.
The following resolution offered by Mr. Chain, was adopted, viz:
Resolved, That the Clerk of this House be authorized to purchase
thirty dollars's worth of stationary for the use of the Members of the
House, and that he distribute the same as necessity requires, keeping
an exact account of the amount received by said Members.
On motion, the House then adjourned until 10 o'clock to-morrow.






o23



The yeas and nays being called on the original substitute 1by
Messrs. Forward and Haginer, were as follows :
YEAS-Messrs. Bannerman, Bradwell, Bryan, Chain, Collins,
Crawford, Hall, Hagner, Henderson, Higginbotham, Johnston, W. M.
Maxwell, Morrison, Quiggles, Scott, Smith, Waterson, and Mr.
Speaker-18.
NAYS-Messrs. Allison, Blackburn, Cook, Forward, Garrason,
Hancock, Hobart, King, A. E. Maxwell, Mitchell of Jackson, Mitch-
ell of Monroe, Ross, Shields, and Taylor-14.
So the original substitute was adopted.
The House then proceeded to the election of a Printer.
Mr. Scott nominated Mr. Joseph Clisby, and Mr. Forward nomi-
nated Mr. S. S. Sibley.
The voting resulted as follows :
For Mr. Clisby-Messrs. Bannerman, Bradwell, Bryan, Chain,
Crawford, Hall, Hagner, Henderson, Higginbotham, Johnston, W. M.
Maxwell, Morrison, Quiggles, Scott, Smith, Waterson, and Mr.
Speaker-18.
For Mr. Sibley-Messrs. Allison, Blackburn, Cook, Forward,
Garrason, Hancock, Hobart, King, A. E. Maxwell, Mitchell of Jack-
son, Mitchell of Monroe, Ross, Shields, and Taylor-14.
So Mr. Joseph Clisby was declared duly elected.
On motion of Mr. Bradwell, ordered that Mr. Allison have leave of
absence from this House until Monday next.
On motion of Mr. Waterson, the House adjourned until Friday,
10 o'clock, A. M.

FRIDAY, November 26th, 1847.
The House being called to order at 10 o'clock, pursuant to ad-
journment, and the roll called, there was a quorum present.
The journal of yesterday's proceedings was read and approved.
Mr. Forward introduced a bill, pursuant to previous notice, enti-
tled An Act to facilitate the draining of the Twelve Mile Swamp,
in the County of St. John's;" which was read, and, on motion of
Mr. Forward, was referred to the Committee on Agriculture.
Mr. Scott gave notice that he will, on some future day, introduce a
bill, to be entitled An Act for the protection of settlers of public
lands of the State, at the time of its location."
Mr. Blackburn, pursuant to previous notice, introduced a bill, enti-
tled An Act to make provision for the payment of jurors, and for
other purposes;" which was read, and ordered for a second reading
to-morrow.
Mr. Blackburn, pursuant to previous notice, introduced a bill, enti-
tled "An Act to change the time of holding elections for county
officers;" which was read, and, on motion of Mr. Scott, referred to
the Committee on Elections.
Mr. Collins gave notice that he will, on a future day, ask leave to
introduce a bill, for the appointment of lumber inspectors for the
County of Duval.





24

Mr. B. J. J. Mitchell gave notice that he will, to-morrow, intro?
duce a bill, allowing the same rights of appeal in criminal, as are at
present allowed in civil cases.
Pursuant to previous notice, Mr. Hagner introduced a bill, entitled
"An Act to repeal so much of an act, entitled An Act. concerning
Grand and Petit Jurors,' approved 6th January, 1847, as provides that
15 men shall compose a Grand Jury, and for other purposes;" which
was read, and on motion of Mr. Blackburn, referred to the Commit*
tee on the Judiciary.
Mr. Smith gave notice that he will, at some future day, ask leave
to introduce a bill, to provide for the election of Judges of Probates
by the people.
Mr. John R. Mitchell gave notice that he will, to-morrow, ask
leave to introduce a bill, to be entitled "An Act to amend 'An Act
to organize the Circuit Courts of the State of Florida,' approved 22d
July, 1845."
Mr. Chain gave notice that he will, at some future day of the
present session of the Legislature, ask leave to introduce a bill, pro-
viding for the payment of Grand and Petit Jurors of the respective
counties of this State, out of the Treasury of the State, and for
other purposes."
Mr. Hagner gave notice that he will, on some future day, ask
leave to introduce a bill, to be entitled An Act to amend An Act to
provide for the election of electors of President and Vice President
of the United States."
Mr. A. E. Maxwell moved that so much of the Governor's Mes-
sage as relates to the payment of Florida volunteers, be referred to
a select committee of five; which motion prevailed, and Messrs.
A. E. Maxwell, Johnston, Blackburn, Bryan, and Henderson, were
appointed said committee.
Mr. Scott presented the memorial of E. D. Howse, sheriff of
Marion County; which was read, and referred to the Committee on
Claims, on motion of Mr. Scott.
The following Standing Committees were announced by the
Speaker, viz:
STANDING COMMITTEES.

Committee on Judiciary.-Messrs. HAGNER, FORWARD, TANNER,
A. E MAXWELL, and CHAIN.
Committee on Militia.-Messrs. ALLISON, WM. M. MAXWELL,
JOHNSTON, SCOTT, and KING.
Committee on Finance and Public Accounts.-Messrs. CHAIN,
ALDRICH, BANNERMAN, MITCHELL Of Jackson, and HAGNER.
Committee on Claims.-Messrs. A. E. MAXWELL, BRYAN, COLLIN,:
TAYLOR and WATERSON.
Committee on Schools and Colleges.-Messrs. TANNER, SHIELDS,
CRAWFORD, COOK and QUIGGLES.
Committee on Agriculture.-Messrs. BLACKBURN, MORRISON,
HIGGINBOTHAM, Ross and HENDERSON.





25



Committee on Internal Imnprovements.-Messrs. SMITH, HANCOCK,
JOHNSTON, GARRISON and WATERSON.
Committee on Enrolled Bills.-Messrs. FORWARD, ALLISON, WM.
M. MAXWELL, MITCHELL of Monroe, and CoLLINs.
Committee on Elections.-Messrs. BRADWELL, BLACKBURN, HALL,
HOBART and SMITH.
Committee on Propositions and Grievances.-Messrs. ALDRICH,
CRAWFORD, MITCHELL of Jackson, HALL and QUIGGLES.
Mr. King offered the following:
Preamble and Resolutions relating to a Mail Route from Jasper, Ham.
ilton County, via Blount's Ferry, Suwannee River, Rollison's Fer.
ry, St. Mary's River in Columbia County, Florida, to Centerville,
Georgia.
Whereas, the establishment of a Mail Route from the town of Jas-
per, in Hamilton County, Florida, via. Blount's Ferry, Suwannee Riv-
er, and Rollison's Ferry, St. Mary's River, in Columbia County,
Florida, to Centerville, in the State of Georgia, a distance of about
ninety miles, would remove the inconvenience that is now experienced
by the Government and citizens of Florida, in consequence of the
tardiness in communicating with the Counties of Hamilton, Columbia,
and Nassau, and would be of the utmost importance to the citizens of
those Counties; And, whereas, it is believed that the income of post
offices at said places would be sufficient to defray the expenses of said
proposed route : Therefore-
Be it resolved by the Senate and House of Representatives of the
State of Florida, in General Assembly convened, That our Senators
and Representatives in Congress be, and are hereby, requested to
place this subject before Congress and the Post Office Department,
and to urge by all proper means the establishment of said mail route,
Be it further resolved, That a copy of this preamble and resolu.
tions, duly certified, be transmitted by His Excellency the Governor
to our Senators and Representative in Congress, and to the Postmaster
General.
Which were read, and ordered for a second reading to-morrow.
Mr. Forward offered the following resolution:
Resolved, by the Senate and House of Representatives of the
State of Florida, in General Assembly convened, That the Treasurer
"of this State be required to pay to Joseph S. Sanchez, late Sherifi
and Tax Collector of St. John's County, the sum of one hundred and
eighty dollars, being the amount of Treasury certificate No. 35',
dated 14th June, A. D., 1847; which said certificate was issued to
Felix Livingston, Esq., and paid by the said Sanchez to said Livings-
ton, and which has since been lost or mislaid by said Sanchez: Pro.
vided, That said Joseph S. Sanchez shall first execute a receipt in
full of said certificate, and in said receipt promise to return the same
to the Treasury, if ever found, and make and file an affidavit with
the Treasurer of its loss.
Which was read, and ordered for a second reading to morrow.
Mr. Hagner offered the following resolutions:
4





26



Resolved, That so much of the Governor's Message as redom-
mends the establishment of a separate Chancery Court; and also so
much as recommends the election of the Judges of the Circuit Court
by the people, be referred to the committee on the Judiciary.
And that so much of the Governor's Message as refers to the con-
dition of the Treasury of this State, be referred to the committee on
Finance and Public Accounts; which was adopted.
Mr. A. E. Maxwell offered the following resolution:
Resolved, That so much of the Governor's Message as relates to
the boundary between Georgia and Florida, be referred to a select
committee of five; which was adopted, and Messrs. A. E. Maxwell,
Hagner, Mitchell of Jackson, Chain, and Blackburn, appointed said
committee.
Mr. Hagner offered the following resolutions:
Resolved, That so much of the Governor's Message as refers to
Schools and School Lands, be referred to the Committee on Schools
and Colleges; and that so much as refers to Internal Improvements
and Internal Improvement Lands, be referred to the committee on that
subject; which was adopted.
The Committee on Elections made the following report, viz:
The committee on Elections to whom was referred the disputed
election between Francis Arnou and Stephen Richards, of Calhoun
County, and to ascertain which one of them is the best entitled to a
seat in the House of Representatives, take leave to report:
1st. Your committee with some care and diligence, examined the
certificates of said Arnou and Richards, given them by the Judge of
Probates for said county, and unanimously agree they are both illegal,
on account of their date, the said certificates bearing date on the 13th
when they should have been dated on the 14th of October, in order
to be in compliance with the law.
2d. The next document which your committee examined, was the
poll book of one of tho-precincts in that county called Saxton's Mill
precinct, and we find that said poll book was sent to the office of
Judge of Probates, neither signed nor scaled by the inspectors nor
clerk; all of which should have been done in order to be in terms of
the law on elections.
Your committee, in coming to a conclusion on this subject, do not
believe that any person or county should be disfranchised-that from
the mass of incongruous evidence before us, it is impossible for us to
determine to our satisfaction, that either Arnou or Richards is entitled
to a seat in this House.
Moreover, your committee would further State, that we believe
nuanimously, from all the proceedings, such as 1st, the certificates of
the Judge of Probates to both of the gentlemen, Arnou and Richards,
2d, the condition in which we find the poll book before mentioned,
:nd the character of affidavits, &c., in evidence, that the whole elec-
tion in Calhoun County, is vitiated. Therefore entertaining this view
of' the subject, your committee would most respectfully beg leave to
ofler the following resolutions, viz:





27



1st. That the two gentlemen, Messrs. Arnou and Richards, return
back to their constituents, the people of the county, and a new elec.
tion be ordered forthwith to till the vacancy.
2d. Be it further resolved, That in consequence of the illegality
of all the proceedings appertaining to that election, that the same is
thereby rendered null and void, and that an election be ordered to fill
the vacancies also forthwith which have been created in the county
offices.
All of which is respectfully submitted, and your committee ask
leave to be discharged from any further duty on the subject.
DANIEL BRADWELL, Chm'n.
E. E. BLACKBURN,
P. HOBART,
WILLIAM HALL,
GEO. H. SMITH.
Which was read, and received by the House; and upon a division
of the question upon the adoption of the resolutions being called, the
first resolution was adopted, and the second rejected, and the following,
offered by Mr. Bradwell, adopted as an addition:
Resolved, That the Clerk of this House be required to certify the
foregoing proceedings to the Judge of Probates for Calhoun County.
A Message from the Governor was received, and placed on the
table to be read.
The special Committee on Rules reported the rules in the following
form, viz:
STANDING RULES OF THE HOUSE.
RULE 1. The Speaker shall take the Chair every day, precisely
at the hour to which the House shall have adjourned on the prece-
ding day; shall immediately call the members to order, and on the
appearance of'a quorum, shall cause the Journal of the preceding
day to be read.
2. He shall preserve order and decorum; may speak to points of
order, in preference to other members, rising from his seat for that
purpose; and shall decide questions of order, subject to an appeal to
the House by any two members; on which appeal no member shall
speak more than once, unless by leave of the House.
3. He shall rise to put the question, but may state it sitting.
4. No member shall speak to any other, or otherwise interrupt
the business of the House, or read any newspaper or other paper,
while the journals or other public papers are being read, nor pass
between the Speaker and any other member who may be addressing
the House.
5. Every member, when he speaks, shall address the Chair,
standing in his place, and when he has finished shall sit down; nor
hall any member speak more than twice on any one subject, with-
out leave of the House.
6. When two or more members shall rise at the same time. the
Speaker shall name the person entitled to proceed.





28



7. When a member shall be called to order, he shall sit down
until the Speaker shall have determined whether he is in order or
not; and every question of order shall be decided by the Speaker
without debate, subject to an appeal to the House.
8. If a member shall be called to order for words spoken, the
exceptionable words shall be immediately taken down in writing,
by the person objecting, that the Speaker may be better enabled to
judge of the matter.
9. No member shall absent himself from the service of the House,
without leave of the House; and in case a less number than a
quorum shall convene, they are hereby authorized to send the Ser-
geant-at-arms for (any or) all absent members, as the majority of
such members present shall agree, at the expense of such absent
members respectively, unless such excuse for non-attendance shall
be made as the House (when a quorum is convened,) shall judge
sufficient.
10. No motion shall be debated until the same shall be reduced
to writing, delivered in at the table, read and seconded.
11. When a question is under debate, no motion shall be receiv-
ed, but to adjourn, to lay it on the table, to postpone indefinitely, to
postpone to a certain day, to commit or to amend; which several
motions shall have precedence in the order in which they stand
arranged; and the motion for adjournment shall always be in or-
der, and the motions to adjourn or to lay on the table, shall be deci-
ded without debate.
12. If the question in debate contains several points, any mem-
ber may have the same divided.
13. In filling up blanks, the largest sum and longest time shall
be first put.
14. When the reading of a paper is called for, and the sam e is
objected to by any member, it shall be determined by vote of the
House without debate.
15. When the yeas and nays shall be called for by two of
the members present, every member within the bar of the House
at the time the question was put by the Speaker, shall (unless for
special reasons he be excused by the House) declare openly and
without debate, his assent or dissent to the question. In taking
the yeas and nays, and upon the call of the House, the names of the
members shall be taken alphabetically, and the Speaker shall in
all cases vote first.
16. No member shall be permitted to vote on any 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.
17. On a motion made and seconded to shut the door of the
House, in the discussion of any business, in which discussion the
public safety may, in the opinion of the [louse, imperiously require
secrecy, the House shall direct the Speaker to cause the lobby to






29



be cleared, and during the discussion of such business, the door
shall remain shut, and no person shall be admitted except by the
special order of the House.
18. The following order shall be observed in taking up the
business of the House, viz: 1st, motions. 2d, petitions, memo-
rials, and other papers addressed either to the House, or to the
Speaker thereof. 3d, resolutions, 4th, reports of standing com-
mittees. 5th, reports of select committees. 6th. messages from the
Senate lying on the table; and, lastly, orders of the day.
19. When a question has been once made and carried in the af-
firmative or negative, it shall be in order for any member of the
majority to move for the reconsideration thereof; but no motion for
the reconsideration of any vote shall be in order, after a bill, reso-
lution, message, report, amendment, or motion upon which the vote
was taken, shall have gone out of the possession of the House an-
nouncing their decision. Nor shall any motion for reconsideration
be in order, unless made on the same day on which the vote was
taken, or within the two next days of the actual session of the
House thereafter.
20. All questions shall be put by the Speaker of the House,
and the members shall signify their assent or dissent, by answer-
ing viva voce yea or nay, and in the event of a tie, the question
shall be decided in the negative.
21. The Speaker of the House or the Speaker pro ter. shall
have the right to name a member to perform the duties of the
Chair, but such substitution shall not extend beyond an adjournment.
22. Before any petition, memorial, or other paper, addressed
either to the House or the Speaker thereof, shall be received and
read at the table, whether the same be introduced by the Speaker
or a member, a brief statement of the contents of the petition, me-
morial, or other paper, shall be made by the introducer.
23. One day's notice at least shall be given of an intended mo-
tion for leave to bring in a bill, and no bill shall be written or prin-
ted, except by express order of the House.
24. Every bill and all resolutions of a public nature, or for the
appropriation of the public money, shall receive three readings
previously to the final passage of such bill or 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, un-
less four-fifths of the members shall otherwise direct.
25. At the second reading of any bill or resolution, it shall be
in order for any member to move its commitment to a committee
of the whole House, that it lay on the table--for its indefinite post-
ponement-for its postponement to a day certain not beyond the
session-for its commitment to a standing committee-to a select
committee-or to amend; which motions shall have precedence in
the order above stated.
26. It shall not be in order to amend the title of any bill or res-
olution, until it shall have passed its third reading.





30



27. The titles of bills, and such parts thereof only, as shall be
affected by proposed amendments shall be inserted on the journals.
28. The following Standing Committees, to consist of not less
than five members each, shall be appointed by the Speaker, at the
commencement of each session, with leave to report by bill or
otherwise, viz: a committee on the Judiciary; a committee on
the Militia; a committee on Finance and Public Accounts; a com-
mittee on Claims; a committee on Schools and Colleges; a com-
mittee on Agriculture; a committee on Internal Improvements ; a
committee on Engrossed Bills; a committee on Enrolled Bills; a
committee on Elections, and a committee on Propositions and
Grievances.
29. All confidential communications made by the Governor to
the House, and all business in the consideration of which the in-
junction of secrecy shall have been imposed, shall be by the mem-
bers thereof kept secret, until the House by its resolution, shall
take off the injunction of secrecy.
30. Each member of select committees shall, with their chair-
man, sign every report made to the House, if they concur therein.
31. Messages may be received at any stage of the business, ex-
cept while a question is being put, or while the yeas and nays are
being called.
32. The Governor and Secretary and members of the Senate,
shall be admitted to a seat within the bar of the House; and any
other person shall be admitted, in like manner, upon being invited
by a member.
33. The Clerk, Sergeant at Arms and Door Keeper, shall be sev-
erally sworn by a Judicial officer of the State, well and faithfully to
discharge their respective duties, and to keep secret the proceedings
of the House when sitting with closed doors.
34. All acts, addresses, and joint resolutions, shall be signed by
the Speaker; and all writs, warrants and subpoenas issued by order
of the House shall be under his hand and seal, and attested by the
Clerk.
35. In case of any disturbance or disorderly conduct in the lobby,
the Speaker, or chairman of the committee of the whole house, shall
have power to order the same to be cleared.
36. Reporters wishing to take down the debates and proceedings,
may be admitted by the Speaker, who shall assign such places to
them on the floor or elsewhere, as shall not interfere with the con-
venience of the House.
37. No member shall vote on any question in the event of which
he may have a private or personal interest.
38. After a motion is stated by the Speaker, or read by the Clerk,
it shall be deemed in possession of the House, but may be with-
drawn at any time before a decision or amendment.
39. 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





31



preclude all amendments and further debate of the main question;
and on a demand for the previous question, there shall be no debate.
40. When a question is postponed indefinitely, the same shall
not be acted upon again during the session.
41. No motion or proposition on a subject different from that un-
der consideration, shall be admitted under color of amendment.
42. The unfinished business in which the House was engaged at
the adjournment, shall have the preference in the orders of the day;
and no motion on any other business shall be received without spe-
cial leave of the House, until the former is disposed of.
43. Upon the call of the House, the names of the members shall
be called over by the Clerk, and the absentees noted; after which
the names of the absentees shall again be called over, the doors shall
then be shut, and those for whom no excuse or insufficient excuses
are made, may, by order of those present, be taken into custody as
they appear, or may be sent for and taken into custody wherever
to be found by the Sergeant at Arms.
44. When a member shall be discharged from custody and ad-
mitted to his seat, the House shall determine whether such discharge
shall be with or without paying fees.
45. It shall be the duty of the Committee of Elections to examine
and report upon the certificates of election, or other credentials, of
the members returned to serve in this House, and to take into their
consideration all such petitions and other matters touching elections
and returns, as shall or may be presented or come into question, and
be referred to them by the House.
46. No committee shall sit during the sitting of the House, with
out special leave.
47. All bills ordered to be engrossed, shall be executed in a fair,
round hand, and without erasures or interlineations.
48. No amendment by way of rider shall be received to any bill
on its third reading.
49. When a bill or resolution shall have passed its third reading
it shall be carefully engrossed under the direction of the Clerk; be
certified by him, noting the day of its passage at the foot thereof, and
shall be transmitted to the Senate, accompanied with a message
stating the title of the bill or resolution, and asking the concurrence
of that body; and its transmission shall be entered upon the jour-
nals.
50. Bills committed to a committee of the whole House, shall be
first read throughout by the Clerk, and then again read and debate,
ed 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 reported to the House. After report, the bill shall again be sub-
ject to be debated and amended by clauses.
51. It shall be in order for the Committees on Enrolled and EIr
grossed Bills to report at any time.






32



52. Messages shall be transmitted to the Governor and Senate by
the Doorkeeper, unless otherwise directed by the House.
53. No bill shall be introduced into the House on the last week
of the session, nor shall the above rules, or any of them, be rescind-
ed or suspended, unless three-fourths of the members present so di-
rect.
Which were read, and adopted.
On motion of Mr. Chain,
Ordered, That seventy-five copies of said rules be printed for the
use of this House.
The committee which had been appointed to secure the services
of a Chaplain, reported that they have obtained the services of Rev.
FRANCIS H. RUTLEDGE, D. D., in that capacity.
The following message was received from his Excellency the Go.
vernor:
EXECUTIVE DEPARTMENT,
November 26, 1847.
Gentlemen of the Senate,
and of the House of Representatives :
I herewith transmit to the General Assembly, the Report of the
Attorney General of the State, made to the Executive, under the
provisions of the 5th section of the act of 23d July, 1845, prescri-
bing the duties of that officer.
Very respectfully,
W. D. MOSELEY.
On motion of Mr. Forward,
Ordered, That 500 copies of the above Message with the accom.
paying documents, this day transmitted to the House, be printed for
the use of the same.
The alterations of the Constitution of this State, proposed by the
General Assembly at its last session, and published as required by
the Constitution, entitled 'An Act so to amend the Constitution of this
State, to as extend to all free white male inhabitants, being citizens of the
United States, who shall have resided within the State one year, the
elective franchise," was taken from the orders of the day, and read
three several times, pursuant to the Constitution, and the further con-
sideration thereof postponed until Monday next.
The alterations of the Constitution of this State, proposed by the Ge-
neral Asssembly at its last session, and published as required by the
Constitution, entitled An act so to amend the Constitution of this State
as to make the sessions of the General Assembly biennial instead of
annual," was taken from the orders of the day, and read three several
times pursuant to the Constitution, and the further consideration thereof
postponed until Monday next.
On motion of Mr. Hagner, the House then adjourned until Mon.
day 10 o'clock.
.J






33



MONDAY, Nov. 29th, 1847.
The House being called to order at 10 o'clock, pursuant to ad.
journment, and the roll called, there was a quorum present.
After prayer by Rev. Francis H. Rutledge, D. D., Chaplain, the
journal of Friday last was read.
Mr. Garrason gave notice that he will, on some future day, ask
leave to introduce a bill, to be entitled An Act to locate permanently
the county site of Benton County; also, a bill to be entitled An Act
concerning divorces in this State.
Mr. Blackburn gave notice that he will, on some future day, ask
leave to introduce a bill, to be entitled An Act so to amend the Con-
stitution of this State, as to give the election of Circuit Judges to the
people.
Mr. Crawford gave notice that, on some future day, he will intro-
duce a bill to change the time of holding elections for Justices of
the Peace and Bailiffs.
Mr. W. M. Maxwell gave notice that, on some future day, he will
introduce a bill for the benefit of Francis H. Flagg.
Mr. B. J. J. Mitchell gave notice that he will, on some future day,
ask leave to introduce a bill, having for its object the repeal of An
Act to define the boundaries of Washington County, passed at the
Second Session of the General Assembly of this State, and approved
January 4th, 1847.
Mr. Waterson gave notice that he will, on some future day, ask
leave to introduce a bill to more fully define the rate and duty of pilots
for the port of Cedar Keys; also, a bill to exempt the citizens of
Levy County from serving as jurors, without the limits of said county.
Mr. Hagner gave notice that he will, on some future day, ask
leave to introduce a bill, to be entitled An Act to establish a system
of Primary Schools in this State, and for other purposes.
On motion of Mr. Bannerman,
Ordered, That Mr. Crawford have leave of absence till 12 o'clock
to-morrow.
Mr. Bradwell gave notice that he will, on to-morrow, offer a bill
to prevent any officer from making a levy upon property for taxes,
under certain considerations. Whereas, there being much property,
both real and personal, within the State, held in dispute between two
or more persons, the said claims being of a frivolous character, it is
therefore desirable that an act be passed by the General Assembly,
to prevent sheriffs or any other officer from levying on the property
so in dispute : Provided, the person or persons holding and possess-
ing the same, shall have paid the taxes on the said property, accor-
ding to law.
Mr. A. E. Maxwell gave notice that he will, on some future day,
ask leave to introduce a bill to alter the time for which County Com.
missioners shall hold their office.
The following message from the Governor was received and read:
5





34

EXECUTIVE DEPARTMENT, .
November 29, 1847.
Gentlemen of the Senate
and House of Representatives :
I herewith transmit the Report of the Register of Public Lands for
the State of florida, shewing the action that Officer has taken respec-
ting the several interests placed by the General Assembly under his
especial charge.
I cannot permit the present opportunity to pass without some com-
mendation (though inadequate, perhaps,) of the manner in which the
Register has performed the highly responsible duties assigned him.
Besides being responsible in respect to their objects, his duties have
been necessarily arduous, from the fact that he has occupied a newly
created office, demanding great care and business tact in its proper
disposition. The year preceding the election of the Register, the
General Assembly committed the business of that Officer to the Ex-
ecutive ; who, of course, could not devote that amount of attention to
the digestion of a systematic plan of conducting it so necessary to the
organization, increase and preservation of the several funds designa-
nated in the Acts relating to the Office. Hence, the whole burden
of digesting such a plan, has fallen upon the present Register. How
well he has succeeded in this undertaking-the carefulness with which
he has watched over the great interests committed to his hands-and
the prompt and efficient manner in which he has discharged his du-
ties, altogether may be seen from the Report and accompanying
documents.
Very Respectfully
W. D. MOSELEY.
On motion of Mr. Blackburn, five hundred copies of the Message
and the accompanying documents, ordered to be printed.
Mr. Collins introduced a memorial of Louis Fleming, of Duval
County; which, on motion of Mr. Waterson, was referred to the
Committee on Claims.
Mr. John Tanner presented his certificate of election from Jack-
son county, and was sworn by E. M. West, Justice of the Peace for
Leon county.
The memorial of O. M. Dorman was presented by Mr. Forward,
and on his motion referred to the committee on claims.
Mr. Blackburn offered the following resolution, viz:
Be it resolved by the Senate and House of Representatives of the
General Assembly of the State of Florida, That both Houses of said
Assembly do adjourn sine die on the 24th of December next, which
was read and ordered to a second reading to-morrow.
Mr. Crawford offered the following preamble and resolution :
WHEREAS, much discrepancy of opinion is expressed in relation
to the illegality of the election of Justices of the Peace in the seve-
ral counties in this State, held in October last, and having seen no
law repealing or in anywise weakening the act passed in 1845.





35

which says that the election for Justices of the Peace shall be held
on the first Monday in May.
Therefore Resolved, That the Attorney General submit to this
House, his opinion, whether or not the said elections are legal, hav-
ing been held on the first Monday in October.
Which were read and adopted.
The Committee on Agriculture made the following report:
The Committee on Agriculture to whom was referred a Bill to be
entitled "An Act to facilitate the draining of the ." Twelve mile
Swamp," in the County of St. Johns, have had the same under
consideration, and beg leave to report the same back to the House
without amendment, and ask to be discharged from the further con-
sideration of the same. All of which is respectfully submitted.
E. E. BLACKBURN, Chairman.
Which was received by the House, and on motion of Mr. Hagner,
ordered to be laid on the table, and seventy-five copies printed.
On motion of Mr. Scott, the rules were waived and permission
granted him to introduce a Bill.
On motion of Mr. Mitchell of Monroe, the same permission was ex-
tended to himself.
On motion of Mr. Collins, the same permission was granted to him.
In pursuance of previous notice, Mr. Scott introduced a bill, enti-
tled An Act for the relief of settlers on public lands; which was
read, and ordered to a second reading to-morrow.
In pursuance of previous notice, Mr. Mitchell of Monroe, introduced
a bill entitled An Act to amend An Act to organize the Circuit Courts
of the State of Florida, approved 22d July, 1845; which was read,
and ordered to a second reading to-morrow.
In pursuance of previous notice, Mr. Collins introduced a bill, en-
titled An Act to provide for the appointment of lumber and timber
inspectors, in and for the county of Duval; which was read, and or-
dered for a second reading to-morrow.
The Committee on Elections made the following report:
The Committee on Elections, to whom was referred a bill to be
entitled An Act to change the time'of holding elections for county
officers, have had the same under consideration, and beg leave to re-
port the said bill back to the House, with an additional section, and
ask to be discharged from the further consideration of the same.-
All of which is respectfully submitted.
DANIEL BRADWELL, Chairman.
Which report was received, and the bill placed among the orders
of the day for to-day.
A. bill to be entitled An Act to make provision for the payment of
Jurors, and for other purposes, was taken from the orders of the day
and read a second time, and on motion of Mr. Blackburn, laid on the
table.
A preamble and resolution relating to a Mail Route from Jasper,
Hamilton County, via. Blount's Ferry, Suwannee River, Rollison's Fer-
ry, St. Mary's River, in Columbia County, Florida, to Centerville,





36



Georgia, were taken from the orders of the day and read a second
time, and on motion of Mr. Bryan ordered to be engrossed for a third
reading to-morrow.
The "resolution in relation to a Treasury certificate lost or mislaid
by Joseph S. Sanchez," was taken from the orders of the day, and on
motion of Mr. Forward, indefinitely postponed.
The alteration of the Constitution of this State, proposed by the
General Assembly at its last session, and published as required by the
Constitution, entitled "An Act so to amend the Constitution of this
State, as to extend to all free white male inhabitants being citizens of
the United States, who shall have resided within the State one year,
the elective franchise, was taken from among the orders of the day,
and on motion ordered to be engrossed for a third reading to-mor-
row.
The alteration of the Constitution of this State, proposed by the
General Assembly at its last session, and published as required by
the Constitution, entitled "An Act so to amend the Constitution of this
State as to make the sessions of the General Assembly biennial, in-
stead of annual," was taken from the orders of the day, and on mo-
tion of Mr. Hagner, ordered to be engrossed for a third reading to-
morrow.
The bill entitled "An Act to change the time of holding elections
for county officers," was taken from the orders of the day, and order-
ed to be engrossed for a third reading to-morrow.
On motion of Mr. Blackburn, the House adjourned until 10 o'-
clock to-morrow.

TUESDAY, Nov. 30th, 1847.
The House being called to order at 10 o'clock, pursuant to ad-
journment, and the roll called, there was a quorum present.
After prayer by Rev. Francis H. Rutledge, D. D., Chaplain, the
journal of yesterday was read, amended, and approved.
On motion of Mr. Allison,
Ordered, That his resolution relative to the entry of public lands
in this State, introduced on Wednesday last, and omitted among the
orders of the day for yesterday, be placed among the orders of the
day for to-day.
On motion of Mr. B. J. J. Mitchell,
Leave was granted him to introduce, pursuant to previous notice,
a bill, to be entitled a bill to repeal An Act to define the boundary of
Washington County; which bill was read, and ordered for a second
reading to-morrow.
On motion of Mr. Hagner,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act to amend An Act entitled An Act to pro-
vide for the election of electors of President and Vice President of
the United States; which bill was read, and ordered for a second
reading to-morrow.





37



On motion of Mr. Allison,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act making provision for the payment of
jurors; which was read, and ordered for a second reading to-morrow.
On motion of Mr. B. J. J. Mitchell,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act allowing criminals the right of appeal;
which was read, and ordered for second reading to-morrow.
Mr. Mitchell, of Monroe, gave notice that he will, on to-morrow,
ask leave to introduce a bill to be entitled an Act to alter and
change the name of James Simlet of the county of Monroe.
Mr. Bradwell gave notice that he will, on some future day, ask
leave to introduce a bill, with a memorial and petition of sundry cit-
izens of the counties of Leon and Gadsden, for making navigable
the Ocklockonee river.
Mr. Garrason gave notice that he will ask leave, on some future
day, to introduce a bill to regulate the licenses on the sale of spir-
ituous liquors in this State, and for other purposes.
Mr. Hobart gave notice that on some future day, he will ask leave
to introduce a bill to amend an act concerning roads and highways,
now in force in this State.
Mr. Allison gave notice that he will, on to-morrow, ask leave to
introduce a bill to repeal the 18th section of an act entitled an Act
to raise a revenue for the State of Florida and defining the duties of
the Assessors and Collectors there, and for other purposes.
Mr. Cook gave notice that he will, on some future day, introduce
a bill in relation to tax collectors of this State, and defining the du-
ties thereof.
Mr. Cook gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled an Act to allow all free negroes of
this State to have a guardian, and to define the duties thereof.
Mr. Cook gave notice that he will, on some future day, ask leave
to introduce a bill in relation to roads and highways in the county of
SWashington.
Mr. Collins gave notice that he will, on some future day, ask leave
to introduce a bill to regulate the pilotage over the bar of the river
St. Johns.
Mr. Forward gave notice that he will, at an early day, ask leave
to introduce a bill to be entitled an Act in addition to an Act con-
cerning Wills, Letters Testamentary, Letters of Administration and
the duties of Executors, Administrators and Guardians ;" also an
Act in addition to an Act to organize courts of Probate for the
State of Florida."
Mr. Tanner gave notice that, on some future day, he will ask
leave to introduce a bill to be entitled An Act to define the western
boundary of Jackson County, and to repeal an act therein named.
Mr. John D. Sheldon presented his certificate of election from
Orange County, and Mr. Mills O. Burnham presented his certificate





38



of election from St. Lucie; whereupon, they were sworn in by
Hon. Thomas Baltzell, Judge of the Middle Circuit.
Mr. Hagner moved that a committee be appointed to draft the bill
which he yesterday gave notice that he would introduce, entitled An
Act to establish a System of Primary Schools in this State;. which
was adopted, and Messrs. Hagner, A. E. Maxwell, and Forward,
appointed said committee.
On motion of Mr. W. M. Maxwell,
Leave was granted him to introduced, pursuant to previous notice,
a bill to be entitled An Act for the benefit of Francis H. Flagg;
which was read, and ordered for a second reading to morrow.
Mr. Bannerman introduced certain sections of the presentment of
the Grand Jury for Leon County; which was read, and on his mo-
tion, laid on the table.
Mr. W. M. Maxwell presented the petition of the Clerk of the
Court and the Sheriff of Leon County; which, on motion, was re-
ferred to the Committee on Claims.
Mr. Bannerman offered the following resolution:
Resolved, That the Committee on Finance and Public Accounts be
instructed, to inquire whether any and what legislation is needful,
touching the office of Tax Assessor and Collector, and to provide for
the assessment and collection of the public revenue of those officers,
and to fix their compensation.
Which was read and adopted.
The following communication from the Senate was received and
read:
SENATE CHAMBER,
November 30, 1847.
Hon. Speaker of the House of Representatives.-Sir :
Messrs. Avery, Fairbanks, and Costen, have been appointed a
committee by the Senate, to act with a similar committee on the
part of the House, to adopt joint rules for the government of the two
Houses during the present session.
Very respectfully,
C. W. DOWNING,
Secretary Senate.
And on motion of Mr. Chain, a similar committee, consisting of
Messrs. Chain, Forward, and A. E. Maxwell, was appointed on the
part of the House.
Mr. Blackburn oTfered the following resolution:
Resolved, That the Comptroller furnish this House as soon as pos-
sible, with a brief abstract of the expenses of keeping prisoners, and
for expenses of criminal prosecutions, in each county of this State,
for the year ending 31st October, 1847; which was read, and
adopted.
Mr. Bryan offered the following resolution, viz:
Resolved, That His Excellency the Governor be, and he is hereby,
requested to inform this House, whether any and what action has
been taken by the Executive, in conformity to the Preamble and





39



Resolutions relative to the establishment of a complete educational
system," approved 21st December, 1846 ; and whether the persons
thereby provided to be appointed have made report touching the
establishment of a system of Common Schools.
Which was read and adopted.
The Committee on the Judiciary made the following report, viz:
The Committee on the Judiciary, to whom was referred An Act en-
titled An Act to repeal so much of An Act entitled An Act concern-
ing grand and petit jurors," approved 6th January, 1847, as provides
that 15 men shall compose a grand jury, and for other purposes, have
the honor to report to the House of Representatives : That your com-
mittee have examined the bill referred, and find that the sole object
sought to be accomplished thereby, is to restore the original panel of
twenty-three men to the grand jury. The act of the last session,
approved 6th January, 1847, had reduced the grand jury to fifteen
men; but your committee have been able to find no good or sufficient
reason for that reduction. And they recommend to the House to
take this the earliest occasion to restore the panel, and thus preserve
the grand juries of the State in their original integrity and efficiency.
The Committee report the bill back to the House without amend-
ment, and unanimously recommend its passage.
THOMAS H. HAGNER,
Chairman of the Committee on the Judiciary.
November 29, 1847.
Which was received, and the enclosed bill placed among the or-
ders of the day for tomorrow.
The following message from the Senate was received and read,
viz:
SENATE CHAMBER,
Nov. 30, 1847.
Hon. Speaker of the House of Representatives:
SIR-The Senate have passed a Bill, entitled "An Act so to amend
the Constitution of this State, as to extend to all free white male in-
habitants being citizens of the United States, who shall have resided
within the State one year, the elective franchise."
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.
Also, the following:
SENATE CHAMBER,
Nov. 30, 1847.
Hon. Speaker of the House of Representatives:
SIR-The Senate has passed a Bill, entitled "An Act so to amend
the Constitution of this State, as to make the sessions of the General
Assembly biennial, instead of annual."
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.
And on motion of Mr. Hagner, a committee was appointed, con-
sisting of Messrs. Hagner, Blackburn, and Allison, to ascertain if
the Senate had passed said bills, by a majority of two-thirds. The






40

committee reported that the Senate had the subject before them for
instant consideration.
The bill entitled an Act for the relief of settlers on public lands,"
was taken from the orders of the day, read a second time, and re.
ferred to the committee on Propositions and Grievances.
The bill entitled an Act to amend an Act to organize the Circuit
Courts of the State of Florida, approved 22d July, 1845 ;" was read.
On motion to lay it on the table, the yeas and nays were called
by Messrs. Forward and Garrason, and were as follows, viz:
Yeas-Mr. Speaker, Messrs. Aldrich, Bannerman, Blackburn,
Bradwell, Bryan, Burnham, Chain, Collins, Cook, Garrason, Hall,
Hagner, Henderson, Hobart, Johnston, King, A. E. Maxwell, W. M.
Maxwell, Mitchell of Jackson, Morrison, Quiggles, Ross, Scott, Shel-
don, Smith and Waterson-27.
Nays-Messrs. Allison, Forward, Hancock, Higginbotham, Mitchell,
of Monroe, Shields, Taylor and Tanner-8.
So said bill was laid on the table.
The resolution of yesterday relative to the sine die adjournment
of this House on the 24th day of December next, was taken from
the orders of the day and read a second time.
Mr. Bryan moved to amend by inserting the figures 21st instead
of 24th, and on motion of Mr. Chain, the resolution and amendment
were laid on the table.
The following message from the Senate was received and read:
SENATE CHAMBER,
Nov. 30, 1847.
Hon. Speaker of the House of Representatives:
SIR-The Bill entitled "An Act so to amend the Constitution of
this State as to extend to all free white male Inhabitants, being citi-
zens of the United States, who shall have resided within this State
one year, the elective franchise"-has been agreed to by the Senate,
as required by the Constitution of this State.
Respectfully,
C. W. DOWNING, Sec'y. Senate.
The following message from the Senate was received, and read :
SENATE CHAMBER,
Nov. 30, 1847.
Hon. Speaker of the House of Representatives :
SIR-The Bill entitled "An Act to amend the Constitution of this
State, so as to make the sessions of the General Assembly biennial,
instead of anunal," has been agreed to by the Senate, as required by
the Constitution of this State.
Respectfully,
C. W. DOWNING, Sec'y. Senate.
The bill entitled an Act to provide for the appointment of lumber
and timber inspectors in and for the county of Duval;" was taken
from the table and read a second time, and on motion of Mr. For-
ward, the House resolved itself into a committee of the whole for the
consideration of the same. After some consideration, the committee



k





41



fose, and by their chairman, Mr. Forward, reported the bill with all
subsequent to the enacting clause stricken out; which report was
concurred in by the House.
.The engrossed copy of a preamble and resolutions relating to a
ihail route from Jasper, Hamilton county, via Blount's Ferry, Su.
"wannee river, Rollison's Ferry, St. Mary's river, in Columbia county,
Florida, to Centerville, Georgia ;" was taken from the orders of the
day, read a third time, and passed, and ordered to be certified to the
Senate.
The engrossed copy of the altei:ation of the Constitution of this
State, proposed by the General Assembly at its last session, and pub-
lished as required by the Constitution, entitled "An Act so to amend
the Constitution of this State, as to extend to all free white male in-
habitants being citizens of the United States, who shall have resided
withinthe State one year, the elective franchise," was taken from the
orders of the day and read three several times. On the day of its third
reading, pursuant to the Constitution, the yeas and nays on the question
whether it should be agreed to by the House, were as follows :
Yeas--Mr. Speaker, Messrs. Aldrich, Allison, Bannerman, Black-
burn, Bradwell, Bryan, Burnham, Chain, Collins, Cook, Forward,
Garrason, Hall, Hagner, Hancock, Henderson, Higginbotham, Ho-
bart, Johnston, King, A. E. Maxwell, Wm. Maxwell, Mitchell ofJack-
son, Mitchell of Monroe, Morrison, Quiggles, Ross, Scott, Sheldon,
Shields, Smith, Taylor, Tanner and Waterson-35.
Nays-None.
Which being a majority of two thirds, as required by the Constitu-
tion, the said bill passed, and was ordered to be certified to the Senate.
On motion the House adjourned until 10 o'clock to-morrow.


WEDNESDAY, December 1, 1847.
The House being called to order at 10 o'clock, pursuant to ad-
journment, and the roll called, there was a quorum present.
After prayer by Rev. F. H. Rutledge, D. D., Chaplain, the jour-
nal of yesterday was read, amended, and approved.
On motion of Mr. Blackburn,
The rule was waived, and Mr. Crawford allowed by the House to
register his vote on the passage of the bill for the amendment of the
Constitution, which yesterday passed the House; whereupon, Mr.
Crawford voted yea.
Mr. Speaker asked to spread the following explanation on the
journal, viz:
On the second day of the session, Messrs. E. E. Blackburn and
others asked to spread a protest on the journal. The Chair, re-
membering that the right of protest was reserved to members by the
Constitution, and thinking it only restrained by what might be
deemed disrespectful to the House, decided-That the protestants
had a right to spread their protest on the journal. No appeal was
6





42.



taken froni this opinion, and the protest was spread on the journal
of that day.
'By reference to the 1 th clause, 4th Art. of the Constitution, it is
"provided among other things, "Any member of either House shall
have liberty to dissent from, or protest against, any act or resolution,
which he may think injurious to the public, or an individual, and have
the reasons of his dissent entered on the journal,"
That protest is not against any act or resolution, but against indi-
vidual members.
It is the opinion of the Speaker, that the decision in that case was
hasty and immature-that no such decision is warranted by the con-
stitution-and he protests against being bound thereby, or that the
same shall be drawn into precedent.
Which was read, and on motion of Mr. Blackburn, ordered to be
spread on the journal.
On motion of Mr. Blackburn,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act to amend the Constitution of thiu
State, so as to provide for the election of Justices of the Supreme
Court, Chancellors, and Judges of the Circuit Courts, by the people
of the State; which was read, and ordered to a second reading to
morrow.
On motion of Mr. Mitchell, of Monroe,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act to alter and change the name of James
Simlet of the County of Monroe ; which was read, snd ordered to a
second reading to-morrow.
On motion of Mr. Allison,
Leave was granted him to introduce, pursuant to previous notice,
"a bill to be entitled An Act to amend an act entitled an act to rise
"a revenue for the State of Florida, and defining the duties of the as-
sessors and collectors thereof, was read, and ordered for a second
reading to-morrow.
On motion of Mr. Bradwell,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act to prevent any sheriff, tax collector, or
other officer, from making a levy and sale of property in the cases
herein provided for; which was read, and ordered for a second
reading to-morrow.
On motion of Mr. Forward,
Ordered, That the bill entitled An Act to facilitate the draining of
the Twelve Mile Swamp, in the county of St. John's, be taken from
the table, and placed among the orders of the day for to-day.
On motion of Mr. Blackburn,
Ordered, That the bill entitled An Act to amend an act entitled an
act to organize the Circuit Courts of the State of Florida, approved
22d July, 1845, be taken from the table, and placed among the orders
of the day for to-day.
On motion of Mr. Forward,





43



Ordered, That so much of the Governor's Message as relates to
the boundary line of Florida and Alabama, be referred to the select
committee having in charge so much of said message as relates to
the boundaries between Florida and Georgia.
On motion of Mr. Waterson,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act to exempt the citizens of Levy County
from serving as jurymen beyond the limits of said county; which was
read, and ordered for a second reading to-morrow.
On motion of Mr. A. E. Maxwell,
Ordered, That the Governor be -requested to furnish this House
with a copy of all correspondence in his possession relating to the
boundary between Georgia and Florida, and also between Alabama
and Florida.
On motion of Mr. Scott, ordered that the Governor be requested to
transmit to this House a copy of the entire correspondence relating to
the appointment of L. A. Thompson, Esq., to prepare a digest of the
laws of Florida.
On motion of Mr. A. E. Maxwell, ordered that so much of the Gov-
ernor's Message as relates to Thompson's digest of the laws of this
State, be referred to the Committee on the Judiciary, with instruc-
tions to enquire and report what legislation thereon, may be neces-
pary.
The following Message from the Senate was received and read,
yiz:
SENATE CHAMBER,
Nov. 30, 1847.
Ilon. Speaker of the House of Representatives :
SI--The Senate have passed "Resolution in relation to Major
Wm. W. Loring and Lieut. M. C. Marin."
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.
The resolution accompanying said message, was read and ordered
for a second reading to-morrow.
The following Message from the Senate was received and read :
SENATE CHAMBER,
Dec. 1, 1847.
Hon. Speaker of the House of Representatives t
SIR-Messrs. Sanderson, Smith, Avery and Fairbanks, have been
appointed a joint committee by the Senate, the House concurring, for
the purpose of examining the accounts of the Comptroller and Trea,
surer, as required by the law organizing the said officers of Comptrol-
ler and Treasurer of this State.
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.
On motion of Mr. Hagner, ordered that Mr. A. E. Maxwell have
leave of absence from this House to-day and to-morrow.
The following resolutions were introduced by Mr. Bannerman, viz:
Resolved, That so much of the general presentment of the Grand Jury






44

of Leon county, as was read on yesterday be taken from the t.. ;e, an4
that so much as relates to the practice of allowing slaves to hire their
own time-And also, so much of the same Presentment as relates to
the too frequent vending of spirituous liquors tq laves-And also, sd
much of the same Presentment as relates to the augmentation of the
State tax imposed upon pedlars and hawkers, be referred to the Com-
mittee on Propositions and Grievances, and that they take such action
thereon as they may deem necessary.
Resolved, That so much of the same Presentment as relates to the
deposition and keeping of the State Arms, be referred to the Commit-
tee on the Militia, and that they take such action thereon as they may
deem necessary.
Which were read and adopted.
The following resolution by Mr. Chain, was read and adopted, viz
Resolved, That the Treasurer of the State forthwith furnish this
House with an abstract of all the amounts of money paid at the Trea-
sury, with the date thereof, to the several Solicitors of this State, since
the commencement of their respective terms of office, to this time.-
And also, of the amounts of certificates to their credit respectively,
with amount and date, yet due and owing by this State, setting forth
succinctly, the account and nature of service for which the same has
been paid, or is contracted to be paid, and distinguishing the sums
paid as salary, fiom the sums paid as fees of office.
On motion of Mr. Allison,
Resolved, That a joint committee of three be appointed on the part
of the House, to act with a similar committee on the part of the Sen.
ate, for the purpose of examining the accounts of the Comptroller and
Treasurer of the State, as required by law. Messrs. Allison,
Chain and Hagner, were appointed said Committee.
On motion ofMr. Hagner,
Resolved, That the Comptroller of Public Accounts, forthwith com.
municate to this House copies of all such Treasury orders, directions
or instructions, by him at any time heretofore: made and given to any
or all of the Sheriffs, Tax Collectors, or other officers of this State, re-
quiring the receipt of Treasury Certificates by such Sheriffs or Col-
lectors, in payment of taxes or other dues to the State.
The joint committee for the adoption of joint rules, reported as fol-
lows, viz :
The Joint Committee of Senate and House, appointed for the pur-
pose of adopting rules to govern the joint action of the two Houses,
Report, That they have examined the rules adopted by the last
General Assembly, and recommend that the same be adopted by the
present General Assembly.
JOHN CHAIN, Ch'n.
A. E. MAXWELL,
W. A. FORWARD.
Which was read and received.
On motion of Mr. Hagner, ordered that the Act in amendment of






45



the Constitution, yesterday adopted, retain the title by which it was
passed'al the last) session.
The engrossed copy of the alterations of the Constitution of this
State, proposed by the General Assembly at its last session, and pub-
lished as required by the Constitution, entitled "An Act so to amend
the Constittition of this State as to make the session of the General
Assembly biennial, instead of annual," was taken from the orders of
the day and read three several times, on the day of its third reading,
pursuant to ihe Constitution. On the question whether they should
be agreed to by the House, the vote was as follows:
YEAs--Mr. Speaker, Messrs. Aldrich, Allison, Bannerman, Black-
burn, Bradwell, Bryan, Burnham, Chain, Collins, Cook, Crawford,
Forward, Garrason, Hall, Hagner, Hancock, Henderson, Higgin-
botham, Hobart, Johnston, King, W. M. Maxwell, Mitchell of Jack-
son, Mitchell of Monroe, Morrison, Ross, Scott, Sheldon, Shields,
Smith, Taylor, Tanner, and Waterson-34.
NAYS--?Mr Quiggles-1.
So the bill passed by the majority of two-thirds, in such cases re-
quired by the Constitution.:
On motion, the title to remain as stated, and ordered to be certified
to the Senate.
The bill entitled An Act to change the time of holding elections
for county officers, was read a third time, and on motion of Mr. Al-
lison, the order for its engrossment was reconsidered.
On motion of Mr. Blackburn,
The House resolved itself into Committee of the Whole, for the
consideration of the said bill.
After some consideration, the committee rose, and by its chair-
man, Mr. Tanner, reported the bill, with the following amendments,
viz: Strike out the second section-,7strike out "third," and insert
" second" section-strike out 4th, at the commencement of this sec-
tion, and insert 3d-strike out 5th, and insert 4th-strike out incon-.
sistent, and insert as far as they conflict;" which report was re-
peived, and the amendments severally concurred in.
Ordered, That the bill be placed among the orders of the day for.
to-day.
The House then adjourned till 10 o'clock to-morrow.


THURSDAY, December 2, 1847.
The House being called to order at 10 o'clock, pursuant to ad-
journment, and the roll called, there was a quorum present.
After prayer by Rev. F. H. Rutledge, D. D., chaplain, the journal
pf yesterday was read, amended and approved.
On motion of Mr. Chain, leave was granted him to introduce,
pursuant to previous notice, a bill to be entitled an Act providing
for the payment of Grand and Petit Jurors of the respective counties
of this State, out of the treasury of the State;" which was read
and ordered for a second reading to-morrow.





46



Mr. Blackburn gave notice that he will, on to-morrow, ask leave
to introduce a bill to be entitled an Act to regulate pleading in civil
cases in the courts of record of this State."
Mr. Shields gave notice that on some future day he will ask leave
to introduce a bill to be entitled an Act to amend an Act entitled
an Act to raise a revenue for the State of Florida, and defining the
duties of the assessors and collectors thereof."
Mr. Chain gave notice that he will, at some future day, ask leave
to introduce a bill to be entitled An Act to reppal an act entitled an
act to amend an act to establish a tariff of fees, approved February
15th, 1834, and which was approved December 27th, 1845.
On motion of Mr. Tanner, leave was granted him to introduce,
pursuant to previous notice, a bill to be entitled an Act to define
the Western boundary of Jackson county;" which was read and
ordered for a second reading to-morrow.
On motion of Mr. Forward, leave was granted him to introduce,
pursuant to previous notice, a bill to be entitled an Act in addition
to an Act to organize courts of Probate for the State of Florida ;"
which was read and ordered for a second reading to-morrow.
On motion of Mr. Hagner, leave was granted that the following
statement be spread upn the journal, viz:
The undersigned members of the House of Representatives of the
General Assembly of the State of Florida, leave being granted by
the House, make the following statement, in explanation of their vote
given yesterday upon the passage of the bill, entitled An Act to
amend the Constitution of this State, so as to make the sessions of
the General Assembly biennial instead of annual-That said bill was
passed by the General Assembly at its last session, and in conformity
to the provisions of the Constitution of the State, had been submitted
to the people for their approval; and although opposed to that clause
or provision in it, which extends the term of service of Senators to
four years, yet, inasmuch as the question was upon the adoption of
the whole bill as it stood, and fearing that any attempt at amendment
might have the effect to defeat the expressed will of the people, in
relation to the adoption of the system of biennial sessions of the
General Assembly, they feel constrained to forego their opposition to
that feature of it before alluded to, relative to the term of service of
Senators, and vote for the bill.
A. K. ALLISON, of Gadsden,
JNO. L. CRAWFORD, of Wakulla,
CHAS. BANNERMAN, of Leon,
J. GARRASON, of Benton,
B. J. J. MITCHELL, of Jackson,
PETER HOBART, of Franklin,
E. E. BLACKBURN, of Jefferson.
Mr. Hagner presented the petition of Edward Barnard, Jr., which
was read and referred to the committee on claims.
Mr. Sheldon presented the petition of certain citizens of Orange
county praying a change of the county line; which was read, and.oA






47

motion referred to a committee, consisting of Messrs. Sheldon, Scot
and King.
A communication from the Comptroller was read, as follows, viz :
COMPTROLLER'S OFFICE, TALLAHASSEE,
December 2d, 1847.
To the Hon. Speaker of the House.
SIR: I have the honor to transmit herewith, a copy of a Circular
issued from the Treasury Department, August 24th, 1846, in com-
pliance with a resolution of the House of Representatives of the 1st
instant.
Very respectfully, your obedient servant,
N. P. BEMIS, Comptroller.
[For Circular, see Appendix, p. 37.]
Which, together with the accompanying documents, was ordered
to be printed.
On motion of Mr. Blackburn,
Resolved, That hereafter this House will take a recess at 1 o'clock
P. M., until. 3 o'clock P. M., of each and every day of the present
session, unless the orders of the day be gotten through with by 1
o'clock, P. M., or unless the House shall otherwise direct.
On motion of Mr. Chain,
Resolved, That 50 copies of the Rules adopted by the Senate and
House, for the government of the joint action of both Houses, be
printed for the use of this House.

ORDERS OF THE DAY.
The preamble and resolution of Mi. Allison relative to the entry
of public lands in this State, Was i'ead a second time, and on motion
of Mr. Allison the following amendment was adopted: After the
word resolved,' insert by the Senate and House of Representatives
of the State of Florida in General Assembly convened;' also, the
following amendment, viz : 'Be it further resolved, that his Excel-
lency, the Governor, be requested to forward a copy of the foregoing
preamble and resolutions to the presiding officers of both Houses of
Congress of the U. S., and to each of our Senators and our Repre-
sentative in Congress.' On motion of Mr, Allison the rule was
waived, the preamble and resolution read a second time with amend.
ments, and ordered to be engrossed for a third reading to-morrow.
The bill entitled an Act to repeal an Act entitled an Act to define
the boundary of Washington county," was read a second time, and
on motion of Mr. Mitchell of Jackson, laid on the table.
The bill entitled an Act to amend an Act entitled an Act to pro-
vide for the election of electors of President and -Vice Presiderit of
the United States," was read a second time, arid ordered to be en-
grossed for a third reading to-morrow.
The bill entitled "an Act making provision for the payment of
Jurors," was read a second time, and on motioii of Mr. Allison laid
on the table.






48



The bill entitled an Act extending to criminals the right of ap-
peal," was read a second time, and on motion referred to the Com-
mittee on the Judiciary.
The bill entitled "an Act to change the time of holding elections
for county officers," was read with amendments, and ordered to be
engrossed for a third reading to-morrow.
The bill entitled An Act for the benefit of Francis H. Flagg, was
read a second time, and referred to the Committee on Claims.
The bill entitled An Act to repeal so much of an act entitled an
act concerning grand and petit jurors, approved 6th January, 1847,
as provides 15 men shall compose a grand jury, and for other pur-
poses, was read a second time, and on motion of Mr. Hagner, the
House resolved itself into a Committee of the Whole for the consid-
eration of the same. After some consideration, the Committee rose,
and by their Chairman, Mr. Forward, reported the bill, with the fol-
lowing amendment: Strike out the word passage, and insert first day
of January next, wherever they occur; which report was received,
and the amendment concurred in.
Ordered, That the bill be placed among the orders of the day for
to-morrow.
The House took a recess till 3 o'clock, P. M.


3 O'CLOCK, P. M.
The House met after the recess, and the Chair announced that
there was a quorum present.
The bill entitled An Act to facilitate the draining of the Twelve
Mile Swamp, in the county of St. John's, was read a second time,
by its title, on motion that the rule should be waived for that pur;
pose.
On motion of Mr. Forward,
The House resolved itself into Committee of the Whole for the
consideration of said bill. After some deliberation, the committee
rose, and their chairman, Mr. Chain, reported the bill, with amend-
ments; which report was received, and the amendments concurred
in by the House.
On motion, the bill was ordered for a second reading to-morrow.
The House then adjourned until 10 o'clock to-morrow.



FRIDAY, December 3, 1847.
The House being called to order at 10 o'clock, pursuant to ad-
journment, and the roll called, there was a quorum present.
After prayer by Rev. F. H. Rutledge, D. D., Chaplain, the journal
of yesterday was read, amended, and approved.
On motion of Mr. Hagner, leave of absence was granted Mr, Ho-
bart, until Thursday next.





49



Mr. Chain gave notice that he will, at some future day, ask leave
to introduce a bill to be entitled An Act to authorize and require the
Judge of Probate and the County Commissioners of the respective
counties of this State, to audit the accounts certified, of the grand and
petit jurors, against the State, for services rendered as such, and. for
other purposes.
Mr. Allison gave notice that he will, on some future day, ask leave
to introduce the following bills, to wit: A bill to be entitled an act
for the relief of the settlers on Forbes' Purchase, in Gadsden County;
also, a bill to be entitled an act to organize the Florida Cavaliers.
On motion of Mr. Garrason,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act to amend the law concerning divorces in
this State, which was read, and ordered for a second reading to
morrow.
On motion of Mr. Forward,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act in addition to the several acts concerning
Wills, Letters Testamentary, Letters of Administration, and the duties
of Executors, Administrators, and Guardians; which was read, and
ordered for a second reading to-morrow.
Mr. Hobart gave notice that, at some future day, he will ask leave
to introduce a bill entitled An Act to amend an act amendatory of
the criminal laws now in force in this State, approved January 6, 1847.
Mr. Johnston gave notice that, on some future day, he will ask
leave to introduce a bill to authorize the qualified electors of each
county in this State to elect Judges of Probate.
On motion of Mr. Waterson,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled an act to more fully define the rates of and duty
of pilots for the port of Cedar Keys; which was read, and ordered
for a second reading to-morrow.
On motion of Mr. Collins, leave was granted him to introduce,
pursuant to previous notice, a bill to be entitled An act to regulate
the pilotage of the bar of the river St. John's," which was read a
first time and ordered for a second reading to-morrow.
Mr. Aldrich gave notice that at some future day he will ask leave
to introduce a bill to authorize the Treasurer of Alachua county to
pay over to the Treasurer of Marion county, the amount of the tax
in his hands assessed and collected upon lands lying in Marion county
and for other purposes.
A communication from the Secretary of the National Medical
Convention held at Philadelphia, was received, read and referred to
a select committee consisting of Messrs. Forward, Shields, Bradwell,
Crawford, and Mitchell of Jackson.
Mr. Chain offered a memorial and resolution of the General As-
sembly of the State of Florida, to the President, &c., of the United
States, on the subject of a mail route therein mentioned ; which was
read and ordered to a second reading to-morrow.
7





50



"The special committee upon so much of the Governor's message
as refers to the expenses of the Florida volunteers, made the follow-
ing report:
The undersigned, your committee, to whom was referred so much
of the Governor's Message, as relates to the payment of Florida
volunteers," beg leave to report:
That they have duly considered the subject-matter of said reference,
and concur with His Excellency, as to the propriety of some recog-
nition on the part of the State of the claims of her Volunteers, on
account of expenses incurred in their subsistence and transportation
to the place of rendezvous, previous to being mustered into the ser-
vice of the United States. It is well known that they were raised
by authority of the State, upon requisitions from the War Depart-
ment at Washington. In responding, with patriotic zeal, to the call
for their services, they did not stop to inquire how great or numerous
would be the sacrifices they might be required to make, but they could
not doubt that they would be relieved from any burthens incurred
prior to their acceptance in to the service, and which were strictly
necessary to that end. It is certainly but just that those who have
borne these expenses should be reimbursed. This appears so obvious
to your committee, that the only enquiry they deemed it important to
make, was, as to the party by whom the reimbursements should be
made; and on this subject, they are clearly of opinion, that such
expenses are just and proper charges against the United States. The
credit was given to the United States, and the service in which the
volunteers were engaged was that of the United States. The Fede-
ral Government, then, must be the responsible party. This view ih
supported by the action of Congress itself. By its act of the 3d of
March last, authority was given to refund 'to States, or to individuals,'
expenses like those under consideration; but that act has been con-
strued to apply only to cases existing at the time of its passage, and,
therefore, can give no relief to our volunteers.
While it might be proper and praiseworthy in the State to assume
the payment of these expenses, if her treasury were in a more pros-
perous condition, and there were less uncertainty as to the future,
yet, under present circumstances, it would seem better that she
shouldn't do so. Nor do we see that her volunteers would be bene-
fitted by such assumption-for, by procuring -the speedy action of
Congress on the subject, and getting a law similar to that before re-
ferred to, they will probably be sooner paid than if the State were to
undertake the payment.
Entertaining these views, and believing that the annexed preamble
and resolutions will be a sufficient recognition by the State of the
justice of the claims of her volunteers, and will also accomplish the
objects proposed in reference thereto, your committee submit the
same for the consideration of this honorable body, and recommend
their adoption. A. E. MAXWELL, Chairman,
MILTON J. BRYAN, E. E. BLACKBURN,
M. M. JOHNSTON, SAMUEL T. HENDERSON.





51



Which was received and concurred in by the House, and the con-
mittee discharged from the further consideration of the subject.
The preamble and resolutions therein reported, were read and
ordered to a second reading to-morrow.
The following message from the Senate was received and read, viz:
SENATE CHAMBER, ?
Dec. 2, 1847.
Hon. Speaker House of Representatives.
SIR: The Senate has ordered 75 copies of the Joint Rules of the
two Houses to be printed.
Very respectfully,
C. W. DOWNING, Secretary Senate.
Also the following:
SENATE CHAMBER,
Dec. 2, 1847.
Hon. Speaker of the House of Representatives :
SIR-The Senate has adopted the report of the joint select com-
mittee on rules for the government of the two Houses, during the pre-
Sent session of the General Assembly.
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.
The following message from the Governor was received and read:
EXECUTIVE DEPARTMENT, !
December 1, 1847.
Gentlemen of the Senate and House of Representatives :-
You have, herewith, transmitted a preamble and resolutions adopt-
ed by the General Assembly of the State of Virginia at its late ses-
sion, which have been forwarded to this Department by the Execu-
tive of that Commonwealth.
Very Respectfully,
W. D. MOSELEY.
Mr. Hagner moved that the accompanying document be referred
to a select committee of five. The yeas and nays upon the adoption
of the motion being called by Messrs. Allison and Blackburn were
as follows:
YEAS-Mr. Speaker, Messrs. Bannerman, Bradwell, Bryan, Chain,
Collins, Crawford, Hall, Hagner, Henderson, Higginbotham, John-
ston, A. E. Maxwell, W. M. Maxwell, Mitchell of Monroe, Morri-
son, Scott, Sheldon, Smith, Tanner, Waterson-21.
NAYS-Messrs. Aldrich, Allison, Blackburn, Burnham, Cook, For-
ward, Garrason, Hancock, King, Mitchell of Jackson, Ross, Shields,
Taylor-13.
So said motion was adopted, and Messrs. Hagner, Allison, Chain,
Forward, and Tanner, were appointed said committee.
The following message from the Senate was received and read :
SENATE CHAMBER,
Dec. 2, 1847.
Hon. Speaker House Representatives.
SIR: The Senate has ordered 75 copies of a bill to be entitled An








Act to authorize the qualified electors of each county to elect Judges
of Probates, to be printed.
Also, 75 copies of a bill to prevent the introduction of negroes into
this State, belonging to non-residents.
Also, 75 copies of a bill to amend the 5th article of the Con-
stitution, so as to have the elections of Judges of the Supreme Courts,
Chancellors, and Judges of the Circuit Courts, elected by the people,
and to change the tenure of office.
Very respectfully,
C. W. DOWNING, Secretary Senate.
The following message from the Senate was received and read,
viz:
SENATE CHAMBER,
Dec. 3, 1847.
Hon. Speaker House of Representatives.
SIR: The Senate has this day adopted the following : That the
Senate, the House concurring, will go into the election of Comptrol-
ler and Treasurer, on Monday, at 12 o'clock.
Very respectfully,
C. W. DOWNING, Secretary Senate.
On motion of Mr. Blackburn,
The resolution therein communicated was adopted, with the amend-
ment, to strike out the word to-morrow," and insert Thursday
next."
The following message from the Senate was received and read.
viz:
SENATE CHAMBER,
Dec. 3, 1847.
Hon. Speaker House of Representatives.
SIR: The Senate has ordered 75 copies of a bill to be entitled
An Act more particularly to define mortgage liens, to be printed.
Very respectfully,
C. W. DOWNING, Secretary Senate.
The bill entitled An Act to amend an act entitled an act to or-
ganize the Circuit Courts ot the State of Florida, approved 22d July,
1845, was read a second time, and referred to the Committee on the
Judiciary.
The Preamble and Resolution in relation to Major Wm. W. Lo-
ring, and Lieut. M. C. Marin, was read a second time, and Mr.
Hagner offered the following amendment: Strike out the first five
lines of the preamble, and insert :- Whereas, it is well becoming in
every State suitably to express her appreciation of the noble conduct
of her sons; and, whereas, in the opinion of this General Assembly,
the highest tribute which can be paid to individual merit, is the ex-
pression of the thanks of the Senate and House of Representatives
in General Assembly convened.
The House then took a recess until 3 o'clock, P. M.






53



3 O'CLOCK, P. M.
The House met after recess and the Speaker announced a quorum
present.
The proposed amendment was unanimously adopted, and ordered
to be engrossed for a third reading to-morrow.
The bill entitled An Act to exempt the citizens of Levy county from
serving as Jurymen beyond the limits of said county, was read a
second time and referred to the committee on the Judiciary.
The bill entitled An Act to prevent any sheriff, tax collector, or
other officer, from making a levy and sale of property in the cases
herein provided, was read a second time, and referred to the com-
mittee on Propositions and Grievances.
The bill entitled An Act to amend An Act entitled An Act to raise
a revenue for the State of Florida, and defining the duties of the as-
sessors and collectors thereof, was read a second time and referred
to the committee on Finance.
The bill entitled An Act to alter and change the name of James
Simlet of the county of Monroe, was read a second time and ordered
to be engrossed for a third reading to-morrow.
The bill entitled An Act to amend the Constitution of this State so
as to provide for the election of Justices of the Supreme Court, Chan-
cellors, and Judges of the Circuit Court by the people of the State,
was read a second time. Mr. Hagner moved to refer it to the Judi-
ciary committee, and Messrs. Blackburn and Mitchell called for the
yeas and nays thereon. The vote was as follows:
YEAs-Mr. Speaker, Messrs. Bannerman, Bryan, Chain, Collins,
Crawford, Hall, Hagner, Johnston, W. M. Maxwell, Morrison, Quig-
gles, Scott, Sheldon, Smith, Tanner and Waterson-17.
NAYS-Messrs. Aldrich, Allison, Blackburn, JBradwell, Burnham,
Cook, Forward, Garrason, Hancock, Henderson, Higginbotham,
King, A. E. Maxwell, Mitchell of Jackson, Mitchell of Monroe,
Ross, Shields and Taylor-18.
So said motion was lost.
On motion of Mr. Blackburn, the bill was referred to a select
committee consisting of Messrs. Blackburn, Mitchell of Jackson and
Shields.
The bill entitled An Act providing for the payment of Grand and
Petit Jurors, of the respective counties of this State, out of the trea-
sury of the State, was read a second time, and ordered to be laid on
the table.
The bill entitled An Act to define the western boundary of Jackson
County, was read a second time, and Mr. Cook offered the following
amendment, viz: Strike out from the word one," in the 7th line,
and insert that said boundary shall begin on the base line at the
south east corner of township one, range twelve, thence north to the
line between townships two and three, thence west to a point equi.
distant between the line of range twelve, thence north dividing said
range, to township line between four and five, thence west to the





54
Choctawhatchie river;" which amendment was lost, and the bill
was ordered to be engrossed for a third reading to-morrow.
On motion of Mr. Allison leave of absence was granted Mr. Brad-
well until Tuesday morning next.
The House then adjourned until Monday next 10 o'clock, A. M.


MONDAY, December 6th, 1847.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. F. H. Rutledge, D. D., Chaplain, the jour-
nal of Friday last was read, amended, and approved.
Mr. George E. Overstreet presented his certificate of election
from Madison County, and was sworn in by E. M. West, Justice of
the Peace for Leon County.
On motion of Mr. Garrason,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act to regulate licenses to retail spirituous
liquors in this State; which was read, and ordered for a second
reading to-morrow.
On motion of Mr. Allison,
Leave was granted him to introduce, pursuant to previous notice,
a bill to be entitled An Act for the relief of the settlers on Forbes'
Purchase, in Gadsden County; which was read, 75 copies ordered to
be printed, and the bill ordered for a second reading on Wednesday
next.
On motion of Mr. Hagner,
Ordered, That the Circular heretofore, on the 24th of August, 1846,
issued from the Comptroller's Office, and transmitted to this House,
in compliance with a resolution of the 1st inst., be referred to the
Committee on Finance and Public Accounts, with instructions to in-
quire and report whether the said Circular was warranted by law, at
the day of its date-what was the operation of the same-and whether
this General Assemby should make any and what expression of opinion
touching the same-and that said committee have power to send for
persons and papers.
On motion of Mr. A. E. Maxwell, leave was granted him to intro-
duce, pursuant to previous notice, a bill to be entitled An Act to
change the time for which County Commissioners shall hold their
office ; which was read, and ordered for a second reading to-morrow.
On motion of Mr. Chain,
Ordered, That the bill to be entitled An Act to provide for the
payment of Grand and Petit Jurors of the respective counties of this
State, out of the treasury of the State, be taken from the table and be
placed amongst the orders of the day for to-day.
On motion of Mr. Allison,
Ordered, That the bills providing for the payment of Jurors ofthis
State, be taken from the table and placed among the orders of the
day for to-day.






55



Mr. Garrason, leave being granted by the House, introduced the
proceedings of a public meeting in Benton County, relative to the
alternating system of the Circuit Judges; which was read and re-
ferred to the Judiciary Committee.
Mr. King presented the petition of S. Scarborough, Clerk of the
Court for Columbia County; which was read and referred to the
committee on Propositions and Grievances.
Mr. Hancock presented the petition of certain citizens of Hillsbo-
rough county, relative to the alternating Judiciary system; which
was referred to the committee on the Judiciary.
Mr. Hagner presented the petition of Richard A. Shine and Jos.
A. Edmondson, relative to work done upon the Capitol building;
which was referred to the committee on Claims.
On motion of Mr. W. M. Maxwell,
Resolved, That the committee on the Judiciary be instructed to
inquire whether any and what change would be advisable in the
present law touching sale days under execution, and whether it would
not be better to have a different sale day in adjoining counties, so
that the public sales may be attended by the citizens of all adjoining
counties.
On motion of Mr. Hagner,
Resolved, That the Register of Public Lands communicate to this
House, if in his possession, a copy of a certain decision of the Secre-
tary of the Treasury, that the act of Congress 15th June, 1844,
does not authorize the selection of other lands, in lieu of the 16th
sections of townships covered by the Forbes' Purchase and Arredondo
Grant; which decision was referred to in the report of the President
of Seminary Lands, communicated to the last General Assembly;
and, also, report to this House, what action has been taken by him,
if any, relative to said decision, and if any correspondence has since
taken place between the said Register and the Secretary of the
Treasury, on that subject.
A communication from the Attorney General was received, read,
and referred to the Committee on the Judiciary.
The following message from the Senate was received and read,
viz:
SENATE CHAMBER, Dec. 3d, 1847.
Hon. Speaker Ho. Reps :
Sir :-The Senate has this day passed a bill to be entitled An Act
to make the Certificates of the Treasurer of this State receivable in
payment of all public dues.
Very respectfully, C. W. DOWNING, Sec. Senate..
And the enclosed bill was read, and ordered for a second reading
to-morrow.
The following message from' the Senate was received and ready
viz:
SENATE CHAMBER, Dec. 4, 1847.
Hon. Speaker Ho. Reps.: .
Sir:-The Senate has this day adopted the engrossed Preamble





56



and Resolutions relating to a mail route from Jasper, Hamilton
County, via Blount's ferry, Suwannee river, Rawlison's ferry, St.
Mary's river, in Columbia county, Florida, to Centreville, Georgia;
of the House, with the following amendments, to wit:
After the word 'Georgia,' in the fifth line, add Whereas many
inhabitants residing at and near Rawlison's on St. Mary's river, in
Columbia county, suffer great inconvenience for want of mail facili-
ties, there being no post office within the distance of thirty five miles
of said place."
After the word and" in the eighth line, add Rawlison's."
To which the concurrence of the House is respectfully requested.
Very respectfully, C. W. DOWNING, Sec. Senate.
And the amendments were concurred in.
The following message from the Senate was received and read,
viz:
SENATE CHAMBER, Dec. 4, 1847.
Hon. Speaker Ho. Reps:
Sir :-The Senate has this day passed engrossed bill entitled An
Act to authorize the executors of George Kingsley, dec'd, to sell real
estate. Very respectfully, C. W. DOWNING, Sec. Senate.
The enclosed bill was read, and ordered to a second reading to
morrow.
The following message from the Governor was received and read,
viz:
EXECUTIVE OFFICE, f
December 6, 1847.
Gentlemen of the House of Representatives:
In compliance with a resolution of the House, I herewith
transmit the Report of the Commissioner appointed in behalf of this
State, to adjust the Alabama boundary, with the correspondence and
accompanying documents. The correspondence in reference to the
Georgia boundary will be furnished, as soon as copies can be pre-
pared. Very respectfully,
W. D. MOSELEY.
And the accompanying documents referred to the Select Commit-
tee, to whom had been referred so much of the Governor's message
as relates to the boundaries between Florida and Alabama, and be-
tween Florida and Georgia.
The following message from the Senate was received and read:
SENATE CHAMBER,
Dec. 6, 1847.
Hon. Speaker of the House of Representatives :
SIR-Messrs. Fairbanks, Burrett and Sanderson, have been ap.
pointed a committee on the part of the Senate, to confer with a simi-
lar committee on the part of the House, as to the disposition to be
made of the several bills to alter and amend the Constitution of this
"State, passed by the respective bodies.
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.






57



On motion, a similar joint committee was appointed on the part
of the House, consisting of Messrs. Hagner, Chain, and Forward.
ORDERS OF THE DAY.
The bill entitled An Act in addition to an act to organize Courts
of Probate for the State of Florida, was read a second time by its
title, and 75 copies ordered to be printed, and the bill placed among
the Orders of the Day for Thursday next.
The bill entitled "An Act to repeal so much of an act, entitled An
Act concerning Grand and Petit Jurors, approved 6th Jan. 1847, as
provides that 15 men shall compose a Grand Jury, and for other pur-
poses," was read a second time by its title, and ordered to be engross-
ed for a third reading to-morrow.
The following preamble and resolutions were read a third time and
passed the House, viz:
Whereas, with a view of developing the resources of the country,
and enhancing the value of the public domain generally, it has been
the wise policy of the General Government to invite emigration to
newly acquired territories by offering pre-emption rights to actual set.
tlers on public lands:
And whereas, also, many of the good citizens of the State have not
been enabled to comply with the many technicalities of the existing
pre-emption laws, whereby their homes are now subject to be en-
tered from under them by the speculator : Therefore-
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That our Senators
in Congress be instructed and our Representative requested to exert
themselves to procure, at the next session of Congress, the passage
of a law, making it the duty of any person or persons whatsoever,
before entering any tract or parcel of the land belonging to the Gen-
eral Government, lying within the State of Florida, on which there
may be residing at the time an actual settler or settlers, to give said
occupant or occupants at least six months' notice, in writing, of the
intention to make such entry, to the end that they have an opportu-
nity of securing their homes.
Be it further resolved, That his Excellency the Governor be re-
quested to forward a copy of the foregoing preamble and resolution
to the presiding officers of both Houses of Congress of the United
States, and to each of our Senators and our Representative in Congress.
The bill entitled "An Act to amend an act to provide for the elec-
tion of Electors of President and Vice President of the United States,
was read a third time, and on the question "Shall this bill pass ?" the
vote was,
YEAS-Mr. Speaker, Messrs. Aldrich, Allison, Bannerman, Black-
burn, Bryan, Burnham, Chain, Collins, Cook, Crawford, Forward,
Garrason, Hall, Hagner, Hancock, Henderson, Higinbotham, John.
ston, King, A. E. Maxwell, W. M. Maxwell, Mitchell of Jackson,
Mitchell of Monroe, Morrison, Overstreet, Ross, Scott, Sheldon,
Shields, Smith, Taylor, Tanner, Waterson-34.
NAYS-None.
8







So the bill passed-Title as stated.
The bill entitled "An Act to change the time of holding Elections
for County Officers," was read a third time, and on motion of Mr.
Blackburn the House resolved itself into a committee of the whole,
for the consideration of a special amendment to the same. After
some deliberation, the committee rose, and by their chairman, Mr. A.
E. Maxwell, reported progress, and asked leave to sit again, which
was granted.
The House then took a recess until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House was called to order, and the Speaker announced a quo-
rum present.
The bill entitled An Act to facilitate the draining of the Twelve
Mile swamp, in the county of St. Johns, was read a second time by
its title, and ordered to be engrossed for a third reading to-morrow.
The bill entitled An Act to amend the law concerning divorces in
this State, was read a second time, and referred to the Judiciary
Committee.
The bill entitled An Act in addition to several acts concerning
Wills, Letters Testamentary, Letters of Administration, and the du-
ties of Executors, Administrators, and Guardians, was read a second
time by its title, and 75 copies ordered to be printed.
The memorial and resolution of the General Assembly of the State
of Florida to the President &c., of the U. S., on the subject of a
mail route therein mentioned, was read a second time and ordered to
be engrossed for a third reading to-morrow.
The preamble and resolutions relative to the expenses of Florida
volunteers previous to being mustered into the U. S. service; was
read a second time and ordered to be engrossed for a third reading
to-morrow.
The bill entitled An Act to more fully define the rates of and duty
of Pilots for the port of Cedar Keys, was read a second time and
ordered to be engrossed for a third reading to-morrow.
The bill entitled An Act to regulate the pilotage of the bar of the
river St. Johns, was read a second time and ordered to be engrossed
for a third reading to-morrow.
The resolution relative to Major Wm. W. Loring and Lieut. M.
C. Marin. was read a third time and passed as amended.
The bill entitled "An Act to change the name of James Simlet, of
the county of Monroe," was read a third time, and on the question of
its passage the vote was as follows, viz :
YEAs-Mr. Speaker, Messrs. Aldrich, Allison, Bannerman, Black-
burn, Bryan, Burnham, Chain, Collins, Cook, Crawford, Forward,
Garrason, Hall,'Hagner, Hancock, Henderson, Higginbotham, John-
ston, King, A. E. Maxwell, W. M. Maxwell, Mitchell of Monroe,
Morrison, Overstreet, Quiggles, Ross, Scott, Sheldon, Shields, Smithl
Taylor, Tanner and Waterson-34.
NAYS-None.






59

So said bill passed-Title as stated.
The bill entitled "An Act to define the Western Boundary of Jack-
son county, and to repeal an act therein named," was read a third
time, and on the question of its passage, the vote was,
YEAs-Mr. Speaker, Messrs. Aldrich, Bannerman, Blackburn,
Bryan, Chain, Collins, Crawford, Forward, Garrason, Hall, Hagner,
Henderson, Johnston, A. E. Maxwell, W. M. Maxwell, Morrison,
Overstreet, Quiggles, Ross, Scott, Sheldon, Shields, Smith, Taylor,
Tanner and Waterson-27.
NAYS-Messrs. Allison, Burnham, Cook, Hancock, Higginbotham,
King, and Mitchell, of Monroe-7.
So said bill passed-title as stated.
The bill to be entitled An act providing for the payment of Grand
and Petit Jurors of the respecitve counties of the State out of the
"Treasury of the State," was read a third time, and Mr. Blackburn
moved that said bill be indefinitely postponed-pending which mo-
tion, the House adjourned until 10 o'clock to-morrow.


TUESDAY, Dec. 7th, 1847.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by Rev. F. H. Rutledge, D. D., Chaplain, the jour-
nal of yesterday, was read, amended, and approved.
On motion of Mr. Shields, leave was granted him to introduce,
pursuant to previous notice, a bill to be entitled An Act to repeal so
much of the 5th section of an Act entitled an Act to raise a revenue
for the State of Florida, and defining the duties of the assessors and
collectors thereof, as levies a tax on tavern and inn keepers; ivhich
was read and ordered for a second reading to-morrow.
On motion of Mr. Chain leave was granted him to introduce, pur-
suant to previous notice, a bill to be entitled an Act to repeal an Act
entitled an Act to amend an Act to establish a tariff of fees, approved
Feb. 15, 1834, and which was approved Dec. 27th 1845; which
was read and ordered for a second reading to-morrow.
Mr. Shields gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled An Act relating to practitioners
of medicine in this State; also, a bill to be entitled An Act to change
the name of Sarah A. Alston, of G.adsden County.
On motion of Mr. Blackburn, Mr. King was added to the special
committee to which was referred so much of the Governor's message
as relates to boundaries between Florida and Georgia, and between
Florida and Alabama.
On motion of Mr. Blackburn, leave was granted him to introduce,
pursuant to previous notice, a bill to be entitled an Act to regulate
pleadings in civil cases in the courts of record in this State; which
was read and ordered to a second reading to-morrow.
On motion of Mr. Aldrich, leave was granted to spread upon the
journal the following statement:






60



The undersigned members of the House of Representatives, who
voted on Friday last against the reference to a select committee, of
the preamble and resolutions adopted by the General Assembly of
the State of Virginia, in order that their votes may not place them
in an attitude of opposition to the resolutions, and that they may not
be considered as wanting in proper respect to the source from whence
the resolutions emanated; state, that their votes upon the motion to
refer to a select committee, were prompted by a desire to organize
a Standing Committee on Federal Relations, which committee was
not provided for by the rules of the House, and to have the resolu-
tions referred to the last named committee, and not by a spirit of
opposition to the resolutions.
Louis ALDRICH, A. K. ALLISON,
WM. HANCOCK, E. E. BLACKBURN,
W. A. FORWARD, MILLS O. BURNHAM,
THos. Ross, JOHN W. COOK,
B. J. J. MITCHELL, J. L. KING,
J. L. SHIELDS, I. GARRISON.
The bill to be entitled "An Act to authorize the qualified electors
of each county in the State, to elect Judges of Probates," was read
and ordered to a second reading to-morrow.
On motion of Mr. Mitchell of Jackson, leave was granted him to
record his vote on the passage of a bill defining the boundary of Jack-
son county: Whereupon Mr. Mitchell voted-Yea.
Mr. Quiggles gave notice that he will,,on some future day, ask
leave to bring in a bill to provide for building a Court House and
Jail in Escambia County.
Mr. WTaterson gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled An Act amendatory of the
criminal laws now in force in this State.
The following communication from the State Treasurer was read,
viz :
TREASURER'S OFFICE,
Tallahassee, Dec. 7, 1847.
HoN. J. B. LANCASTER, Speaker House of Representatives:
SIR-In obedience to a resolution of the House of Representatives,
adopted on the 1st inst., requiring the Treasurer forthwith to furnish
the House with an abstract of all the amounts of money paid at the
Treasury, with the date thereof, to the several solicitors of this State,
since the commencement of their respective terms of office to this
date, I have the honor herewith to transmit the abstracts called for in
said resolution, which is respectfully submitted.
BENJAMIN BYRD, State Treasurer.
Which, together with the accompanying documents, was referred
to the Committee on Finance-75 copies being ordered to be printed,
Mr. Hagner offered a Preamble and Resolutions relative to certain
sections of land granted by the U. S. to the State of Florida for the
purpose of fixing the seat of Government.





61



Which were read and ordered to a second reading to-morrow.
The select committee to whom had been referred the bill for the
amendment of the Constitution of this State so as to provide for the
election of Judges, &c., by the people, made the following report, viz:
The committee, to whom was referred the bill, proposing to amend
the constitution of this State, so as to elect Justices of the Supreme
Court, Chancellors, and Judges of the Circuit Courts, by the- people,
beg leave to report:
That, after mature deliberation, they have come to the conclusion,
that the amendments proposed are such as would meet the entire
approbation of a large majority of the citizens of Florida, and -such
as would better comport with the true spirit and meaning of free
government and republican institutions, than the provisions contained
in the original constitution, as adopted.
The committee would further state, that the system of electing
Judges by the people, has been for some time in operation in the
States of Mississippi and Illinois, and in New York, which is one of
the oldest, most populous, and most enlightened States in the Union,
and from all accounts, it operates well; and from various sources of
information on this subject, they have come to the conclusion, that
the power to administer public justice, and to secure and protect
private rights, could be more safely vested in the hands of officers
elected directly by the people, than it would be by those elected in-
directly, through their Senators and Representatives; for it is a well
established fact, and must be understood by every one, that personal
friends and party factions are more readily brought about, and gain
ground faster, and are developed in more dangerous forms, in small
bodies, that are vested with high authority, than they possibly could
be in the great body of the people, over whom this authority is exer-
cised; and the committee could, if it were necessary, cite many in-
stances, where the action of State Legislatures has been so troubled,
by the mere force of party drill, and the influence of petty caucus
and personal animosity, that they have spent almost whole sessions in
balloting, without being able to elect officers to fill vacancies, the
filling of which were not only important to the well being of large com-
munities, but also in which the interest and prosperity of whole
States were concerned; and the committee would further state, that,
under the same influences, men have been elected to high and impor-
tant offices, who possessed none of the moral and intellectual attri-
butes, which constituted them fit instruments for the exercise of the
great and responsible duties which such offices imposed.
The committee would further say, that, limiting the term of service
of all public officers, and in placing their election in the hands of the
people,'we are only carrying out one of the leading principles of free
government, and thereby clearly demonstrating to the world the fact,
that a free and enlightened people are capable of self government.
The committee are'fully aware, that in recommending innovations
upon established systems, and more especially in making a change
in the present mode of electing judicial officers, their opinions come





62



in direct conflict with those of many intelligent citizens, who feel a
deep interest in the matter under consideration.
Yet the committee being of the opinion that the science of govern-
ment'(leaving out general principles) is as susceptible of improve.
ment as are many of the physical sciences, can see no cause why
such improvements should not be made, when the peculiar condition
of the country demands them, and when they would appear directly
to promote the happiness and better security of the peace and good
order of society; and the committee would only cite those who are
opposed to any and all kinds of innovation, to the past history' of the
world, to show that innovations made upon long established systems,
was the very commencement of the downfall of monarchies, and the
beginning of the building up of republics; for the English revolu-
tion of 1688, and the American revolution of 1776, and the French
revolution of 1789, are the three grand eras of freedom in the his-
tory of modern times, which clearly show, that when a people see
proper to rise up in their sovereign capacity, they can make judicious
innovations upon strong consolidated forms of government, and by
taking the power out of the hands of the few, and placing it in the
hands of the many, reduce the science of government down to that
plain republican simplicity, which better comports with the views
and wishes of-the true patriot, and enlightened philanthopist; and
the committee, after these considerations, would strongly recommend
the proposed amendments to the constitution, so that the people may
hold in their hands the power of electing all of their judicial officers,
a power which originally belonged to them, and which the committee
believes they yielded up to the Legislature, without mature delibera-
tion, and a just estimate and correct appreciation of its importance.
The committee, therefore, report the bill back to the House, without
amendment.
E. E. BLACKBURN, Chairman,
B. J. J. MITCHELL,
J. L. SHIELDS.
Which was read.
Upon motion that it, together with the accompanying bill, should
be laid on the table, the yeas and nays were called by Messrs. Black-
burn and Forward. The vote was as follows:
YEAS-Mr. Speaker, Messrs. Aldrich, Bannerman, Bryan, Burn-
ham, Chain, Collins, Crawford, Forward, Hall, Hagner, Henderson,
A. E. Maxwell, W. M. Maxwell, Morrison, Quiggles, Scott, Sheldon,
Smith and Tanner-20.
NAYS-Messrs. Allison, Cook, Garrason, Hancock, Higginbotham,
Johnston, King, Mitchell, of Jackson, Mitchell, of Monroe, Over.
street, Ross, Shields, Taylor and Waterson-14.
So it was laid upon the table.
The following message from the Senate was read, viz:
SENATE CHAMBER, Dec. 6, 1847.
Hon. Speaker House Representatives.
SIR: The Senate has concurred in the amendment proposed by






63



the House, relative to the election of Comptroller and Treasurer,
Very respectfully,
C. W. DOWNING, Secretary Senate.
Also the following:
SENATE CHAMBER, Dec. 7, 1847.
Hon. Speaker House Representatives.
SIR: Messrs. Fairbanks, Avery, and Sanderson, have been ap-
pointed a committee, to act with a similar committee on the part of
the House, to examine the office of Register of Public Lands.
Very respectfully,
C. W. DOWNING, Secretary Senate.
Upon motion, Messrs. Aldrich, W. M. Maxwell and Collins, were
appointed a similar committee on the part of the House.
Senate bill entitled an Act to prevent the introduction of negroes
into the county of Franklin in this States for hire, belonging to non-
residents, was received and read, and on motion laid on the table.
The following message from the Governor was read, viz :
EXECUTIVE DEPARTMENT, Dec. 6, 1847.
Gentlemen of the House of Representatives:
You have herewith transmitted the correspondence and other docu-
ments, relative to the appointment of L. A. Thompson, Esq., as
Commissioner to prepare a Digest of the Laws of this State.
Very i'espectfully,
W. D. MOSELEY.
Which, with the accompanying documents, were referred to the
Judiciary committee.
ORDERS OF THE DAY.
The House resumed the consideration of the motion for the indef-
inite postponement of a bill to be entitled an Act providing for the
payment of Grand and Petit Jurors of the respective counties of the
State, out of the Treasury of the State; pending which, the House
took a recess until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House met, and there being a quorum present, resumed the
consideration which had been interrupted by the recess.
Messrs. Chain and Garrason called the yeas and nays upon the
motion for the indefinite postponement of said bill, and the vote was
as follows :
YEAs--Messrs. Allison, Bannerman, Blackburn, Bradwell, Hall,
Hagner, Johnston, A. E. Maxwell, W. M. Maxwell, Mitchell of
Jackson, Ross, Shields, Taylor and Tanner-14.
NAYs-Mr. Speaker, Messrs. Aldrich, Bryan, Burnham, Chain,
Collins, Cook, Crawford, Forward, Garrason, Hancock, Henderson,
Higginbotham, King, Morrison, Overstreet, Quiggles, Scott, Sheldon,
Smith and Waterson-21.
So said motionwas lost.
The House then adjourned till 10 o'clock to-morrow,





64



WEDNESDAY, December 8, 1847.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by the Rev. F. I. Rutledge, D. D., Chaplain, the
journal of yesterday was read, amended and approved.
Mr. Garrason gave notice that he will, on some future day, ask
leave to introduce a bill to alter the tenth number of the sixth article
of the Constitution of this State.
Mr. Bradwell gave notice that in a few days he will ask leave to
introduce a bill for the benefit of Dr. Robert E. Little.
The petition of John L. Vickers, praying the reversal of a certain
judgment against him in the record of the Leon circuit court, was
presented by Mr. A. E. Maxwell, read and referred to the committee
on propositions and grievances.
On motion of Mr. A. E. Maxwell,
Resolved, That the select committee, having in charge the quies-
tion of the northern boundary of the State, be instructed to act jointly
with such committee of the Senate as may have the same subject in
charge, and that the Senate be requested to take such action in the
matter as to manifest their concurrence in the objects of this resolu-
tion.
The judiciary committee made the following report. viz:
The Committee on the Judiciary, to whom was referred the commu-
nication of Joseph Branch, Esq., Attorney General of this State,
made in answer to the resolution of the House of Representatives
of 29th ult., beg leave respectfully to report:
"That your committee have examined the question in the aforesaid
resolution, with the aid of the opinion of the Attorney General, and
after full investigation of the several statutes referred to, submit their
views as follows:
Shortly prior to the admission of this State into the Union, the
Territorial Legislature had provided for the election of Justices of
the Peace by the popular vote. The time of the first election was
left to depend upon the County Courts, as they were to divide the
Counties into Justice's Districts. But the period for the second elec-
tion was fixed on the 1st Monday in May, 1847, and every two years
thereafter.
The State Government shortly after supervened. As a conse-
quence, the Justices of the Peace then in commission remained such
only until the State Government could fill their places, and this was
soon provided to be by done by the act of July, 1845. But only so
much of the legislation of the Territorial Government as was incon-
sistent with the Constitution of the State of Florida, or the laws of
this State, ceased to be the laws of the land. The residue then re-
mained, and still remains, (except where since altered or repealed,)
the law of this State--indeed, constitutes the great body of our
statute law to this hour. Now, the act of July, 1845, only pro-
vides-only attempted to provide, for that election'rendered necessary
by the sudden transition into State Government-it does not, repeal





65



in the opinion of your committee, either directly or indirectly, ex-
pressly, or by implication, any thing of the act of March, 1845, ex-
cept so far as the rules and regulations contained therein were incon-
sistent with the constitution of the State. Indeed, in express terms,
the election ordered was required to be held agreeably to those rules
and regulations not inconsistent with the Constitution of the State, or
laws of that session. The Legislature were forced to make this res-
ervation: because the 2d section of the act of March, 1845, was
utterly inconsistent with the Constitution-for the Territorial law
prescribed the qualifications of a voter at six months' residence,
while, as is well known, under the then Constitution of this State,
two years' residence was required. But it will be plainly seen that
the State Legislature preserved all they could of the Territorial law.
They did not prescribe that the election in October should be for
Justices to serve two years, nor is there any inconsistency between
the State .law in its fullest force, and so much of the Territorial law
as fixed an election in May, 1847, and every two years thereafter.
But,,on the contrary, your committee plainly see, that the intent of
the Legislature was to provide Justices of the Peace for the inter-
mediate space of time. Nor can your committee in this view, dis-
cern the slightest conflict between the two acts, as to the intent to
adopt the first Monday in May, 1847, and every two years thereafter,
as the period for holding elections of Justices of the Peace. The
designation of the first Monday in October, 1845, for an election
rendered essential by the change of government, does not bring with
it as a consequence, that the first Monday in October, 1847, was to
be the period of the next regular election; and herein your com.
mittee respectfully differ from the learned Attorney General. Your
committee see plainly that the election in October, 1845, was pro-
visional merely-not the commencement of a system-but, on the
contrary, the recognition by the State Legislature of the Territorial
law in all else that did not conflict with the Constitution, and this
was a virtual and actual adoption of the system, whicq it will be re-
membered that Territorial Legislative Council first adopted, viz: the
election of Justices of the Peace by the people.
Your committee, therefore, incline to the opinion, that under the
laws of this State, an election for Justices of the Peace should have
been ordered on the first Monday in May, 1847-that the election
ordered and held on 1st Monday of October, 1847, was contrary to
law-and that the said elections are void. And your committee,
therefore, to remove all doubts, recommend the adoption of a joint
resolution, herewith presented, recommending His Excellency, the
Governor of this State, under the provisions of act 2d December,
1845, (Chap. 6, No, 49,) to commission suitable persons in the re-
spective districts as-Justices of the Peace, to fill the vacancies your
committee believe to exist, which persons shall hold their offices
until the 1st of May, 18409 and until their successors be elected and
commissioned, and that your committee be discharged from further
consideration of this subject. All which is respectfully submitted.
9 THOMAS H. HAGNER, Chairman.







Which was received and concurred in by uae iouse, and the reso-
lutions ordered for a second reading to-morrow.
A communication from the Register of Public Lands was read, and
with the accompanying documents referred to the committee on schools
and colleges.
ORDERS OF THE DAY.
The bill to be entitled An Act for the relief of the Settlers on
Forbes' Purchase, in Gadsden County," was read a second time and
ordered to be engrossed for a third reading to-morrow.
The bill to be entitled "An Act providing for the payment of Grand
and Petit Jurors of the respective counties of the State, out of the Trea-
sury of the State," was placed among the orders of the day for Friday
next, and 75 copies ordered to be printed.
The bill to be entitled "An Act making provision for the payment
of Jurors," was taken from the orders of the day, and on motion for
th6 printing of 75 copies thereof, the yeas and nays were called by
Messrs. Allison and Taylor. The vote was as follows:
YEAS-Messrs. Allison, Bannerman, Blackburn, Bradwell, Burn-
ham, Cook, Forward, Garrason, Hall, Hancock, Henderson, Hobart,
Johnston, King, W. M. Maxwell, Mitchell of Jackson, Mitchell of
Monroe, Overstreet, Ross, Scott, Sheldon, Taylor and Tanner-23.
NAYs-Mr. Speaker, Messrs. Aldrich, Bryan, Chain, Collins,
Crawford, Hagner, Higginbotham, Morrison, Quiggles and Water-
son-11.
So it was ordered that 75 copies be printed.
The bill to be entitled "An Act to make provision for the payment
of Jurors and for other purposes," was taken from the orders of the
day, and on motion for its indefinite postponement, Messrs. Chain and
Blackburn called the yeas and nays. The vote was as follows, viz :
YEAS-Mr. Speaker, Messrs. Bryan, Burnham, Chain, Collins,
Crawford, Forward, Hancock, Henderson, Higginbotham, Morrison,
Quiggles and Waterson-14.
NAYs-Messrs. Aldrich, Allison, Bannerman, Blackburn, Brad-
well, Cook, Garrason, Hall, Hagner, Hobart, Johnston, King, W.
M. Maxwell, Mitchell of Jackson, Mitchell of Monroe, Overstreet,
Ross, Scott, Sheldon, Taylor and Tanner-21.
So said motion was lost, and it was ordered that 75 copies of the
bill be printed.
The bill entitled An Act to change the time of holding .elections
for county officers, was taken from the table, and the House again
resolved itself into a committee of the whole for the consideration of
special amendments thereto. After some consideration, the com-
mittee rose, and by their chairman, Mr. Aldrich, reported the bill
back with amendments; which was received and concurred in. The
bill was read a second time by its title, and ordered to be engrossed
for a thiid reading to-morrow.
The bill to be entitled An Act to regulate licenses to retail spir-
ituous liquors in this State ; was read a second time, and referred to
the committee on Finance and Public Accounts.






67



The bill to be entitled An Act to change the time for which county
commissioners shall hold their office, was read a second time, and
ordered to be engrossed for a third reading to-morrow.
The bill to be entitled An Act to make the certificates of the
Treasurer of this State receivable in payment of all public dues;
was read a second time, and on motion the House resolved itself into
a committee of the whole for the consideration of the same. After
some deliberation, the committee rose, and by their chairman, Mr.
Chain, reported progress and asked leave to sit again, which was
granted.
On motion, Mr. Blackburn was added to the committee for the in-
spection of the offices of the Treasurer and Comptroller.
The House then adjourned until 10 o'clock to-morrow.


"THURSDAY, December 9, 1847.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by the Rev. F. H. Rutledge, D, D., Chaplain, the jour-
nal of yesterday was read and approved.
On motion of Mr. Allison, the use of the hall of the House of Rep-
resentatives, for two evenings, was granted to Mi. Anton for the de-
livery of phrenological lectures.
On motion of Mr. Hobart, ordered that the bill to be entitled An
Act to prevent the introduction of negroes into the county of Frank-
lin in this State, for hire, belonging to non-residents, be taken from
the table and placed among the orders of to-day.
Mr. Allison gave notice that he will, on some future day, ask leave
to introduce the following bills, to wit:
A bill to be entitled An Act for the relief of Wm. J. Armistead.
Also, a bill to be entitled An Act declaring Tullugee River in Gads-
den county, a navigable stream.
On motion of Mr. Bradwell leave was granted him to introduce,
pursuant to previous notice, a bill to be entitled An Act for the ben-
efit of Dr. Robert E. Little; which was read and ordered for a sec-
ond reading to-morrow.
The committee on the Judiciary made the following report, viz:
The Committee on the Judiciary, to whom was referred a bill to be
entitled An Act to amend the law concerning divorces in this
State, having had the same under consideration, beg leave to re-
port :
That they find the said bill has for its objects several changes in
the existing laws on the subject of divorces, to wit:
1st. To limit the causes for which divorces may be decreed to
two grounds only-adultery in either of the parties, and continued
desertion.
2d. To prolong the term of such desertion, as now prescribed as
sufficient cause for divorce, from one year to five years.
3d. To require publication against non residents for the space of





68

six months, in place of the three months, now declared by law to be
sufficient constructive notice of the bill pending.
4th. That when a divorce shall be granted for the cause of adul.
tery, the decree shall only operate in favor of the applicant-the
guilty party to remain forever after incompetent to marry again in
this State.
Your committee cannot believe it was designed by the mover to
limit the causes for divorce to the two grounds, only of adultery and
desertion-for some of the most weighty grounds as known to the
law ecclesiastical from the earliest times, and recognized in the
Territory of Florida from 1825 to the present time, would be thus
excluded, to wit: where the parties are within the degrees prohibi-
ted, or naturally impotent, and where either of the parties shall have
had another wife or husband living at the time of such marriage-
cases it will be seen where there was fraud and imposition at the
outset, to say nothing of the additional causes made sufficient by the
act of 14th February, 1835.
As to the second change proposed, your committee.have examined
the earlier statutes of the Territory, and they find that the act of 9th
December, 1825, had fixed the term of such wilful, continued, and
obstinate desertion,,atfive years, as now re-proposed. An act of Octo-
ber, 1828, reduced that term to three years, and the act of 14th Feb-
ruary, 1835, now in force, reduced the same to one year. From the
Legislative action had upon the subject, it would seem that the dis-
position has been to lessen, rather than prolong,,that unhappy period
of time, during which, it may be, the unfortunate person thus de-
serted may be left friendless and unprovided for. And your com-
mittee cannot see any sufficient cause for re-establishing the term of
five years, as proposed, in case the desertion is proved to be wilful,
obstinate, and continued. We apprehend that the Court must be
satisfied in every such case, that there is no possibility of re-union,
and, guarding against imposition and collusion between the parties,
as it is the duty of the court to do, by requiring full and satisfactory
evidence, your committee do not see warrant sufficient for the change.
If, indeed, such desertion shall be at all regarded as a sufficient
cause for divorce, then that term would seem to be long enough, at
the end of which it appears to the satisfaction of an enlightened
court, that re-union is impossible. Your committee will say nothing
upon the sufficiency of such cause, as that point is not referred to
them, but surely it would be a hardship to require the deserted party
to remain five years the victim of a cruel, relentless, and obstinate
desertion-deprived, it may be, of.the means of support.
The third change recommended is of so trivial an importance, that
standing alone, it would hardly justify a change of the existing law.
When parties separate and desert each other, the place of residence
of each is yet generally, we apprehend, well known-and notice by
publication for three months in a public newspaper would appear to
your committee a sufficient constructive notice, particularly under
such circumstances.





69

The fourth and last change advised, that the decree shall only
operate in favor of the applicant, has not in later legislation met
with much favor, by reason of the consequences which usually fol-
lowed, in the vicious life of the party held bound. Our own lawvs
have ever taken the other view, and held the contract of matrimony
utterly dissolved. As evidence of the feeling of the Legislature, the
distinctions known in England, and in many of the States of the
Union, between divorces, a mesa et thoro," and a vinculo mat-
rimonii," between partial and total divorces, have been done away ;
and by a later act, of much more questionable propriety, (act of 1846
ch. 134,) the fact that in the courts of another State, the husband
or wife was divorced from the applicant, is made of itself a sufficient
cause for divorce here-thus make total that divorce, which was
before partial. But this last proposed change goes yet further, and
declares the guilty party forever after incompetent to marry again in
this State. What may be the good imagined to result from such a
clause, your committee cannot perceive. Surely if death intervene,
the,contract is forever dissolved, and with that death, all causes of
crimination and recrimination. Would it not seem like a sentence
of forfeiture against a party, that he shall never have the right to
contract matrimony in this State ? Your committee can see no pro-
priety in such sentence of exclusion, thus to operate forever.
Upon the whole bill, your committee have decided to report the
same back to the House, with a recommendation that the same do
not pass. And ask.to be discharged from the further consideration.
of the subject.
THOMAS H. HAGNER,
Chairman of the Committee on the Judiciary.
Which was read, received and concurred in.
The committee on Propositions and Grievances made the follow-
ing report, viz:
The committee on Propositions and Grievances, to whom was re-
ferred a bill to be entitled An Act for the relief of settlers upon pub-
lic lands, have had the same under consideration and beg leave to
report as a substitute therefore, the bill herewith presented, entitled
An Act for the relief of settlers upon public lands, and to grant pre-
emption rights in certain cases, and to recommend the latter to the
favorable consideration of the House. In the opinion of your com-
mittee the passage of this bill will combine the performance of an
act of strict justice to the settler with the enhancement of the value
of future State locations. The objects of the bill are proposed in
pursuance of that liberal policy towards the citizen which it is to the
interest of the State always to uphold.
LOUIS ALDRICH, Chairman.
Which was received and concurred in by the House; 75 copies
of the enclosed bill ordered to be printed, and further consideration
thereof postponed until to-moirow.
The Judiciary committee made the following report, viz:
The committee on the Judiciary to whom was referred a bill en.






70



titled An Act extending to criminals the right of appeal; have had
the same under consideration, and beg leave to report:
That, highly appreciating the object sought to be attained by this
bill, they have given to the subject very mature consideration; and
they have the honor to report herewith a substitute for said bill, in
their belief, fully securing the end designed.
That your committee have sought to extend to persons charged
with crime the inestimable privilege of recourse to the Supreme Court,
at the same time guarding the right thus extended from all abuse, and
providing against the State's being burthened with costs, as far as
practicable.
SYour committee consider that the absence of provision for writs of
error in criminal cases in the body of our State laws, is a great evil,
-an evil unknown to the late Territorial Government, and which
your committee consider should be remedied, and your committee
have assiduously labored to make this provision available without
detriment to any right. Trusting they have secured these valuable
ends, they herewith report the said substitute, and ask to be dischar-
ged from the further consideration of the subject.
THOMAS H. HAGNER,
Chairman of the Committee on the Judiciary.
Which was received, read, and concurred in. The enclosed bill
was accepted as a substitute, read a second time, and 75 copies or-
dered to be printed.
* The following message from the Senate was read, viz:
SENATE CHAMBER, Dec. 8, 1847.
Hon. Speaker of the House of Representatives:
Sir :-The Senate has concurred in the amendment of the House
to the Resolution in relation to Major Wm. W. Loring and Lieuten-
ant C. Marin.
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.
Also the following:
SENATE CHAMBER, Dec. 8, 1847.
Hon. Speaker Ho. Reps. :
SIR :-The Senate has this day ordered 75 copies of the General
Statement of the assessment of taxes for the year 1847, the amount
and mode of assessment. Also, 75 copies of the Tabular Statement
of the taxable property of the State. Also, 75 copies of a Bill to be
entitled an Act to prescribe an equal and uniform mode of taxation,
and for other purposes.
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.
Senate bill entitled An Act for the relief ofAsa B. Clark, assignee
of Thomas M. White, and An Act to amend An Act entitled An Aci
to provide for the election of electors of President and Vice President
of the United States, approved January 6th, 1847; were received,
read, and ordered for a second reading to-morrow.






71



The following message from the Senate was read, viz:
SENATE CHAMBER, Dec. 8, 1847.
Hon. Speaker Ho. Reps.:
Sir:-Messrs. Sanderson, Lorimer, Brett, Moseley and Floyd, the
Committee on the State of the Commonwealth, have this day been
instructed to act with the Committee of the House, having in charge
the question of the northern boundary of the State, on that subject.
Very Respectfully,
C. W. DOWNING, Sec'y. Senate.
A message from the Governor, communicating certain documents
relating to the Northern boundary of this State, was read, and they
were referred to the committee on that subject.

ORDERS OF THE DAY.
The bill entitled An Act to authorize the Executors of George
Kingsly, deceased, to sell real estate; was read a second time. On
motion the House resolved itself into committee of the whole upon
the same. After some consideration, the committee rose, and by
their chairman, Mr. Forward, reported progress, and asked leave to
sit again; which was granted.
On motion of Mr. Chain, the House was prepared for the recep-
tion of the Senate, during the joint session, to be held to-day, for the
election of Comptroller and Treasurer.
On motion, a committee of three, consisting of Messrs. Forward,
Chain, and Allison, were deputed to inform the Senate that the House
was now ready for said elections.
The Committee returned and reported the readiness of the Senate.
The Hon. President and Members of the Senate entered, and oc-
cupied the seats prepared for them: Whereupon the President an-
nounced that the Assembly were now prepared for the election of
Comptroller. Mr. Fairbanks nominated Mr. N. P. Bemis, and Mr.
W. M. Maxwell nominated Simon Towle, Esq. The vote was as
follows :
For TowLE-Senators 11. House-Mr. Speaker, Messrs. Ban-
nerman, Bradwell, Bryan, Chain, Collins, Crawford, Forward, Gar-
rason, Hall, Hagner, Henderson, Higginbotham, Johnston, W. M.
Maxwell, Morrison, Overstreet, Quiggles, Ross, Scott, Sheldon, Smlth,
Taylor, Tanner, Waterson-25.-Total 36.
For BEMIs-Senators 5. House-Messrs. Aldrich, Allison, Burn-
ham, Cook, Hancock, Hobart, King, Mitchell of Jackson, Mitchell of
Menroe-9.-Total 14.
So Mr. Towle was declared duly elected.
The President then announced the election of Treasurer, in order.
Mr. Floyd nominated Benjamin Byrd, Esq. Mr. W. M. Maxwell
nominated Wm. R. Hayward, Esq. The vote was as follsws:
For HAYWARD-Senators 9. House-Mr. Speaker, Messrs. Ban-
nerman, Bradwell, Bryan, Chain, Collins, Crawford, Hall, Hagner,
Henderson, Higginbotham, Johnston, W. M. Maxwell, Morrison,





72



Overstreet, Quiggles, Scott, Sheldon, Smith, Tanner, Waterso---21.
"-Total 30.
For BYRD-Senators 7. House-Messrs. Aldrich, Allison, Black-
burn, Burnham, Cook, Forward, Garrason, Hancock, Hobart, King,
Mitchell of Jackson, Mitchell ofMonroe, Ross, Taylor-14.-Total 21.
So Mr. Hayward was declared duly elected.
The joint session then adjourned, and the orders of the day were
resumed.
The bill entitled An Act to repeal so much of an act entitled an
act concerning grand and petit jurors, approved 6th January, 1847,
as provides that 15 men shall compose a grand jury, and for other
purposes, was read a third time ; and on the question of its passage,
the vote was
YEAs-Messrs. Aldrich, Allison, Bannerman, Bryan, Hall, Hag.
ner, Johnston, King, W. M. Maxwell, Mitchell of Monroe, Morri.
son, Quiggles, Scott, Taylor, and Tanner-15.
NAYs-Mr. Speaker, Messrs. Blackburn, Bradwell, Burnham,
Chain, Collins, Cook, Crawford, Forward, Garrason, Hancock, Hen.
derson, Higginbotham, Hobart, Mitchell of Jackson, Overstreet,
Ross, Sheldon, Smith, and Waterson-20.
So said bill was lost.
The bill to be entitled An Act to facilitate the draining of Twelve
Mile swamp, in the county of St. Johns, was read a third time by
its title ; and on the question of its passage, the vote was,
YEAS-Mr. Speaker, Messrs. Aldrich, Allison, Bannerman, Black-
burn, Bradwell, Bryan, Burnham, Chain, Collins, Cook, Crawford,
Forward, Garrason, Hall, Hagner, Hancock, Henderson, Higgin-
botham, Hobart, Johnston, King, W. M. Maxwell, Mitchell of Jack-
son, Mitchell of Monroe, Morrison, Overstreet, Quiggles, Ross,
Scott, Sheldon, Smith, Taylor, Tanner, and Waterson-35.
NAYS-None.
So said bill passed-title as stated.
The bill entitled An Act to more fully define the rates of and duty
of pilotage for the port of Cedar Keys, was read a third time; and
on the question of its passage, tle vote was,
YEAs-Mr. Speaker, Messrs. Aldrich, Allison, Bannerman, Black.
burn, Bradwell, Bryan, Burnham, Chain, Collins, Cook, Crawford,
Forward, Garrason, Hall, Hagner, Hancock, Henderson, Higgin-
botham,Hobart, Johnston, King, W. M. Maxwell, Mitchell of Jackson,
Mitchell of Monroe, Morrison, Overstreet, Quiggles, Ross, Scott,
Sheldon, Smith, Tanner, Taylor, and Waterson-35.
NAYS-None.
So said bill passed-title as stated.
The bill entitled "An Act to regulate the Pilotage of the Bar of the
River St. Johns," was read a third time, and on the question of its
passage the vote was,
YEAS--Mr. Speaker, Messrs. Aldrich, Allison, Bannerman, Brad-
well, Bryan, Burnham, Chain, Collins, Cook, Crawford, Garrason,
Hall, Hagner, Hancock, Henderson, Higginbotham, Hobart, John-






73



ston, King, W. M. Maxwell, Mitchell of Jackson, Mitchell of Monroe,
Morrison, Overstreet, Quiggles, Ross, Scott, Sheldon, Smith, Tanner,
Taylor and Waterson-33.
NAYs-None.
So said bill passed-title as stated.
"A Memorial and Resolution of the General Assembly of the State
of Florida to thePresident, Post Master General, and the Congress
of the United States, on the subject of a Mail Route therein mention.
ed," was read a third time and passed the House.
A Preamble and Resolutions relative to the expenses of Florida
Volunteers, previous to being mustered into the United States Ser-
vice, was read a third time and passed the House.
The bill to be entitled "An Act to repeal so much of the 5th Sec.
tion of an act entitled An Act to raise a revenue for the State of Flo-
rida, and defining the duties of the Assessors and Collectors thereof,
as levies a tax on taverns and innkeepers," was laid on the table.
The bill entitled "An Act to repeal an act entitled An Act to amend
an act to establish a tariff of fees, approved Feb. 15th, 1834, and which
was approved Dec. 27th, 1845, was read a second timetand laid on
the table.
The bill entitled "An Act to regulate pleadings in civil cases in the
courts of record in the State," was placed among the orders of the day
for to-morrow.
The bill to be entitled "An Act to authorize the qualified electors
of each County in the State, to elect Judge of Probate," was- read a
second time and laid on the table.
The "Preamble and Resolutions relative to certain Sections of Land
granted by the United States to the State of Florida, for fixing her
Seat of Government, was read a second time by its title, and ordered
to be engrossed for a third reading to-morrow.
On motion, Messrs. Blackburn and Taylor obtained leave of ab-
sence till Tuesday morning next.
The House then adjourned until 10 o'clock to-morrow.

FRIDAY, December 10th, 1847.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. F. H. Rutledge, D. D., Chaplain, the jour-
nal of yesterday was read, amended, and approved.
On motion of Mr. Hagner, it was
Resolved, That the Committee on the Judiciary be instructed to
inquire and report to this House, whether it would be advisable and
proper to increase the salaries of the Solicitors of the several cir-
cuits, and provide that such salaries, when so increased, shall be in
lieu of every demand against the State, for the services of such
Solicitors.
That said committee be further instructed to inquire, whether anX
and what changes ought to be made in the tariff of fees chargeable
10






74



in criminal cases; and whether the same ougnt to be reduced, to the
end that the right of appeal, if the same shall be secured to persons
charged with crime, may be within the reach of all so charged.
ORDERS OF THE DAY.
The bill entitled An Act to make the certificates of the Treasurer
of this State receivable in payment of all public dues, was placed
among the orders of the day for Tuesday next.
The bill entitled An Act to change the time of holding elections
for county officers, was read a third time, and laid upon the table.
The bill entitled An Act in addition to an act to organize Courts
of Probate for the State of Florida, was placed among the orders of
to-morrow.
The bill entitled An Act for the relief of the settlers on Forbes'
Purchase, in Gadsden County, was read a third time; and on the
question of its passage, the vote was-
YEAS-Messrs. Allison, Bradwell, Cook, Crawford, and Johnston-
b5.
NAYs-Mr. Speaker, Messrs. Aldrich, Bannerman, Bryan, Burn-
ham, Chain, 'Collins, Forward, Garrason, Hall, Hagner, Hancock,
Henderson, Higginbotham, Hobart, King, W. M. Maxwell, Mitchell
of Jackson, Morrison, Overstreet, Quiggles, Ross, Scott, Sheldon,
Smith, Tanner, and Waterson-27.
So said bill was lost.
The bill entitled An Act to change the time for which County
Commissioners slall hold their office, was laid on the table.
The bill entitled An Act to prevent the introduction of negroes
into the County of Franklin in this State for hire, belonging to non
residents, was read, and ordered for a second reading to-morrow.
The resolutions relative to the appointment of Justices of the
Peace by the Governor, w& re read a second time, amended by consent,
and ordered to be engrossed for a third reading to-morrow.
The bill entitled An Act to authorize the executors of George
Kingsley, deceased, to sell real estate, was postponed, for further
consideration, until Monday next.
The bill entitled An Act for the benefit of Dr. Robert E. Little,
was read a second time, and referred to the Committee on Claims.
The bill entitled An Act for the relief of Asa B. Clark, assignee
of Thomas M. White, was read a second time, and ordered for a
third reading to-morrow.
The bill entitled An Act to provide for the election of Electors of
President and Vice President of the United States, approved January
6th, 1847, was laid on the table.
The bill entitled An Act to regulate pleadings in civil causes in
the Courts of Recprd in this State, was laid on the table.
The preamble and resolutions relative to certain sections of land
granted by the United States to the State of Florida, for the purpose
of fixing her Seat of Government, was read a third time, and passed
the House.






75



On motion, leave of absence until Wednesday next was granted
to Mr. King.
The House then adjourned until Monday next, 10 o'clock.

MONDAY, Dec. 13, 1847.
The House met pursuant to adjournment, and the roll being call-
ed, there was a quorum present.
After prayer by Rev. F. H. Rutledg6, )D. D., Chaplain, the jour-
nal of Friday last was read, amended and approved.
On motion, the bill entitled "An Act extending to criminals the
right of appeal,;' was placed among the orders of to-day; Also, the
bill to be entitled "An Act in addition to the several acts concerning
Wills, Letters Testamentary, Letters of Administration and the du-
ties of Executors, Administrators and Guardians."
Mr. Aldrich gave notice that, on to-morrow, he will ask leave to
introduce a bill to be entitled An Act in addition to an act entitled an
act to organize the Circuit Courts of the State of Florida; also, at a
future day, a bill to be entitled an act concerning the limitation of
actions.
Mr. B. J. J. Mitchell gave notice that he will, on some future day
ask leave to introduce a bill to be entitled An Act to regulate the
time of holding the sessions of the Circuit Court in the Western
Judicial Circuit, and to repeal an act therein mentioned.
Mr. B. J. J. Mitchell gave notice that he will, on some future
day, ask leave to introduce a bill to be entitled An Act to establish
a separate chancery court in this State, and to amend an act therein
mentioned.
Mr. Chain gave notice that he will, after to-day, ask leave to in-
troduce a bill to be entitled An Act to provide for the collectors of
taxes, and other officers, holding public moneys, to remit the same to
the Treasury of the State.
Mr. Hagner gave notice that he will, on some future day, ask
leave to introduce a bill to make valid all proceedings had and taken
by the several persons, commissioned as Justices of the Peace of
this State, under an election illegally held on 1st Monday in October,
1847, under misapprehension of the law.
On motion of Mr. Garrason, leave was granted him to introduce,
pursuant to previous notice, a bill entitled "An Act to amend the
Constitution of this State so as to admit Ministers of the Gospel to
become Senator or Member of the House of Representatives, or
Governor of this State," which was read and ordered for a second
reading to-morrow.
On motion, Mr. W. M. Maxwell was added to the standing Com.
imittee on Claims."
On motion, the rule was waived and leave granted Mr. Waterson
to introduce a.bill entitling "An Act concerning occupying claim-
ants to lands, which was read the second tiine by title, and 75 co-
pies ordered to be printed.






76



On motion of Mr. Cook, leave was granted him to introduce, pur-
suant to previous notice, A bill entitled "An Act in relation to Roads
in the county of Washington," which was read and ordered to a sec-
ond reading to-morrow.
Mr. Hobart presented a "Petition of certain citizens of Apalachi.
cola, relative to a canal across the Peninsula of Florida," which was
read and referred to a Committee consisting of Messrs. Forward,
Scott and Hobart.
On motion of Mr. Chain, it was
Resolved, That the Comptroller is hereby respectfully requested to
inform this House, as early as he can, whether there have not been
accounts in favor of some of the clerks of the Circuit Courts and Sheriffs,
presented to him, for the purpose of having the same audited; and if
he has refused to do so, to state his reasons for so refusing ; and if there
is any difficulty in the way, please to suggest to this House the best
means, in his judgment, to be adopted, in order to remove the diffi-
culty out of the way, so that these officers may not be any longer de-
layed in having their accounts audited.
On motion of Mr. Hagner, it was
Resolved, That the Register of Public Lands be requested to in-
form this House, whether or not it would be advisable to prescribe
by law, that the Register of Public Lands shall not be required, in
making sales of the lands of this State, to offer the same eighth by
eighth, but that he may be at liberty to offer such tract or tracts of
land, in such quantities as may best suit purchasers, due regard being
had, in every such case, to the interests of this State, in making sale
thereof; and to report further, what legislation may be desirable on
the subject.
The Committee on Finance made the following Report, viz:
Your committee, to whom was referred a bill to be entitled "An Act
to regulate licenses to retail spirituous liquors in this State," have
had the same under consideration, and ask leave to make the fol-
lowing report, viz :
The bill in the first section proposes to tax those who wish to sell
spirituous liquors by the quart and as high as one gallon, five dol-
lars per annum, for county purposes- This is a class of retailers
not taxed in any revenue law of the State, and if they are to be taxed,
your committee think it ought first to be done for State purposes,
then leaving it on the same footing with other property that is taxed
for county purposes.
The second section proposes to reduce the State tax on retailers of
spirituous liquors, in quantities less than one quart, as provided for
in the present revenue law of the State, from twenty dollars down to
ten dollars, with the additional privilege of retailing a quart up to as
high as a gallon, without any additional tax, as is sought for in the
1st section of the bill, and as in the opinion of your committee, with-
out any good reason, especially under the embarrassed condition of
the State Treasury.
If the object be to raise revenue for the county, then the object is






77



defeated, in this, that the law as it now exists, authorizes the coun-
ties to tax all such property or subjects of taxation as is not. men-
tioned as taxable in" the revenue laws of the State, and also to levy
a tax as high as fifty per cent on the State tax, and if exercised to its
full extent, on the tax for retailing spirituous liquors, as the law al-
ready exists, would be ten dollars, when the bill only provides for
five dollars, and that on a class of retailers not known to the law
heretofore, and therefore subject to be taxed by the counties, and less
numerous than the other; and if the construction could be forced to
mean, that the other class of retailers provided for in the second sec-
tion, a revenue for the State, then 50 per cent. by the county on that
amount would only be five dollars; hence, your committee believe
that the counties would lose instead of gain, by the bill. Therefore
your committee are of opinion, that the bill, if passed, will not result
in any good, but on the contrary, might, if nothing else, injure the
revenue of the State and counties; and ought not to pass. All of
which is most respectfully submitted, and the committee ask to be
relieved of any further consideration of said bill.
JOHN CHAIN, Ch'mn.
Also, the following, viz:
Your committee, who were instructed to inquire whether any, and
what, legislation is needful, touching the office of Tax Assessor
and Collector, and to provide for the assessment and collection -of
the public revenue by those officers, and to fix their compensation,
by a resolution of this House, offered by Mr. Bannerman, and
adopted the 30th November, 1847, have had the same under con-
sideration, and ask leave to make the following report, to wit:
Strange as it may seem, that, while the Legislature has created
the office of Tax Assessor and Collector, and provided for the election
of a person to fill said office, nevertheless, in the duties and compen-
sation of that officer, in the majority of (and we might with propriety
say, almost all) cases, it has left the officer without authority to act,
and without compensation, and in such instances, bestowed it upon
and empowered the ex officio, the sheriff. Therefore, your commit-
tee believe it to be of the highest importance that the Legislature
pass a law, making it the duty of the Tax Assessor and Collector of
the respective counties of this State, to perform the same duties that
are now required of the Tax Assessor and of the Sheriff, as Tax
Collector, and to receive the same compensation, that they do for
such services and duty, and be placed under the same liabilities that
they are, by an act entitled an act to raise a revenue for the State of
Florida, and defining the duties of the Assessors and Collectors
thereof," approved by the Governor July 24th, 1845; or such other
compensation and duties, as the General Assembly, in its wisdom, at
the present session, may deem proper and right to adopt, in relation
to the office of Assessor and Collector.
Your committee forebore in shaping out any definite course to be
pursued by the General Assembly, at the present session, in this
matter, by the way of offering a bill, for the very good reason, that





78



there are now more than one bill on the subject, before the Legisla-
ture, and one referred to your committee; and your committee,
therefore, ask to be discharged fiom the further consideration of said
resolution. All of which is hereby most respectfully submitted.
JOHN CHAIN, Chairman.
Which were read, received and concurred in.
Also, the following, viz:
Your committee, to whom was referred a circular which issued from
the Comptroller's Office on the 24th August, 1846, and which was
sent to this House, in compliance with a resolution of the same,
of the first Dec. 1847, under an order of this House of 2d Decem-
ber, 1847, with the following instructions, to wit: To enquire
and report, 1st. Whether the said circular was warranted by
law at the day of its date. 2nd. What was the operation of the
same ? and 3d. Whether this General Assembly should make any
and what expression of opinion, touching the same : have had the
same under consideration, and ask leave to make the following
report, viz :
To the first inquiry-Whether the said circular was warranted by
law, at the day of its date ? Answer. It was not.
To the 2nd inquiry-What was the operation of the same? An-
swer: By making inquiry at the Treasurer's Office, of Benjamin
Byrd, Esq., it appears that its operation was to throw back Treasury
Certificate No. 169, and leave it unpaid, while No. 355 received the
money in lieu thereof, and the Treasury Certificates from No. 169
to 355, were thrown aside, and stayed in their payment. No. 169
was dated Dec. 1845, No. 355 was dated 14th Dec. 1846. T. J.
Heir, Esq. received his salary from Oct. 18th, 1845 to Oct. 14th,
1846, and many others did likewise, to the exclusion of prior-rights;
this favoritism prevented the tax collectors from settling their accounts
in regular order, and confused the Treasury office, very badly fot the
year 1846, and the evil not being cured, it has partially done so for
the year 1847, and now it is measurably, if not entirely subsided, so
the said circular now, may be said to be without effect.
To the 3d inquiry-And whether this General Assembly should
make any and what expression of opinion touching the same ? An-
swer: It ought to express its disapprobation of any and every de-
vtation from the line of duty, of such public officers, and especially
on matters of such vast interest to the entire people of the State.
Your committee, therefore, ask leave to introduce resolutions to that
end, for the deliberate consideration of the General Assembly; and
ask to be discharged from the further consideration of the subject.
All of which is most respectfully submitted.
JOHN CHAIN, Chm'n.
Resolved by the Senate and House of Representatives of the State
of Florida in General Assembly convened, That the General Assem.
bly cannot reprobate in too strong language, the unlawful and un-
justifiable issuing and circulating the Circular from the Comptroller's
Office, of the 24th August, 1846, carrying with it, as it did, favorit-






79



ism, injustice and confusion in the Treasury office, and inviting sub-
ordinate officers to violate the law.
Be it further resolved, That a thing so public, and at the same
time, so pernicious, should proceed from such an office as the Comp-
troller of Public Accounts, should be so long passed over in perfect
silence by the Governor,'is strange, to say the least of it; and this
will be the more apparent when it will be remembered that by the
10th section of the 3d Article of the Constitution, it is made the du-
ty of his Excellency, in the language of the Constitution, that he
shall take care that the law be faithfully executed."
Which was received, placed among the orders of Thursday next
and 75 copies ordered to be printed.
The Judiciary Committee made the following report, viz:
The Committee on the Judiciary, to whom was referred a resolution
of the House of Representatives, instructing this committee to in-
quire whether any, and what, change would be advisable.in the
present law, touching sale days under execution; and whether it
would not be better to have a different sale day in adjoining coun-
ties, respectfully report :
That, upon very general inquiry, they are led to believe that the
sale days, as now provided by law, are not the most advisable; that,
instead of Monday, the sale day should be Saturday. And they are
further of opinion, that it is a serious inconvenience and frequent
cause of embarrassment to such as-desire to attend sales under exe-
cution, that the sales take place in all the counties on the same day.
The committee would recommend no change in the present law,
except in these two particulars, so that the public sales may be at-
tended by citizens of adjoining counties, and may be held on that
day of the week, usually devoted by the citizens to business at their
county towns, and of consequence the better suited for a public sale
day.
They, therefore, report, herewith, a bill to effect these purposes,
and ask to be discharged from further consideration of the subject.
THOMAS H. HAGNER,
Chairman of the Committee on the Judiciary.
Which was received and concurred in. The accompanying bill
was read and ordered for a third reading to-morrow.
Also, the following, viz:
The Committee on the Judiciary, to whom was referred a bill to be
entitled an act to exempt the citizens of Levy County from serving
as jurymen beyond the limits of their county, beg leave to report:
That the evil complained of and sought to be remedied by this bill
is, that the people of Levy County, which is consolidated with
Alachua, for judicial purposes, are compelled to travel many of them
seventy-five miles to court, to attend as jurors-a portion of them are
resident on Cedar IKeys and other islands, from whence it is difficult
at times to reach the main land; and even those of the people on
the main land, are deprived of the means of travel. The distance is
very great, and it is alleged that there is no essential necessity for






80



their serving as jurors, because the jury list in Alachua is large.
Your committee find that the Representative from Alachua is willing
to have the jurors exempted who live over 35.or 40 miles from the
Court House, but insists the people of Levy should bear their portion
of jury duty. In this conflict in, a matter of so much local applica-
tion and concern, your committee would not desire to throw the
weight of their opinion as to the expediency of the matter into either
scale, but beg leave to report the bill back to the House, with this
opinion, that there is no legal objection to the exemption claimed, or
to that restricted exemption ready to be accorded. And beg leave to
be discharged from the further consideration of the subject.
THOMAS H. HAGNER,
Chairman of Committee.
Which was received, concurred in, and the accompanying bill
placed among the orders of to-day.
The Judiciary Committee, to whom has been referred so much of
the Governor's Message as refers to Thompson's Digest, offered a
report which was received and referred back to them, to enquire whe-
ther any and what amount is now in the contingent fund, and to what
purpose's money therefrom expended has been appropriated.
A communication from the Senate, announced that the "Preamble
and Resolutions in relation to certain sections of land granted by the
United States to the State of Florida, for the purpose of fixing her
Seat of Government," had passed the Senate : Whereupon the said
Preamble and Resolutions were ordered to be enrolled.
The Memorial and Resolution of the General Assembly of the
State of Forida, to the President, Post Master General and the Con,
gress of the United States, on the subject of a mail route therein
mentioned," was received by the House, having passed the Senate
Dec. 11, 1847, and was ordered to be enrolled.
Senate bill entitled, "An Act to abolish the pay of the Adjutant and
Inspector General ofthis State, was read and ordered to a second read
ing to-morrow.
Senate bill entitled "An Act to amend the several acts relative to
County Commissioners, was read and ordered for second reading to-
morrow.
A message from the Governor relative to the public Arms, was
read and referred to a Committee consisting of Messrs. W. M Max.
well, Scott and Smith.
ORDERS OF THE DAY.
Senate bill entitled "An Act in relation to Roads in Columbia
County," was read and ordered for a second reading to-morrow.
Senate bill entitled "An Act to give to the Judges of the Circuit Courts
of this State, the power to impose fines and penalties in criminal 'ca.
ses,' was received and ordered to a second reading to-morrow.
Senate bill entitled An act to authorize the executors of George
Kingsly, deceased, to sell certain real estate," was placed among the
orders of to-morrow.
The bill entitled An act in addition to an act to organize Courts






81



of Probate for the State of Florida," was taken up, and the House
resolved itself into a Committee of the Whole for the consideration
of the same. After some deliberation the Committee rose, and by
their Chairman, Mr. Aldrich, reported progress and asked leave to
sit again ; which was concurred in.
The House then took a recess until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House met and there was a quorum present.
Senate bill-entitled An Act to prevent the- introduction of Negroes
into the county of Franklin, in this State for hire, belonging to non.
residents," was read a second time and referred to the Committee on
Propositions and Grievances.
The "Resolutions relative to the appointment by the Governor, of
Justices of the Peace," were read a third time and passed the House.
Senate bill entitled "An Act for the relief of Asa.B. Clark, assignee
of Thomas M. White," was read a third, time, and on the question of
its-passage, the vote was-
YEAS-Mr. Speaker, Messrs. Aldrich, Bannerman, Bradwell, Bry.
an, Burnham, Chain, Collins, Cook, Crawford, Forward, Garrason,
Hagner, Hall, Hancock, Henderson, HLigginbotham, Hobart, John-
ston, Mitchell of Jackson, Mitchell of Monroe, Morrison, Overstreet,
Quiggles, Ross, Scott, Sheldon, Smith, Tanner, Waterson--30.
NAYS-None.
So said bill was passed'-title as stated.
The bill entitled "An Act in addition to an act to organize Courts
of Probate for the State of Florida," was, on motion, taken from among
the orders, and the House again resolved itself into a Committee
of the Whole for the consideration thereof. After some considera-
tion, the committee rose, and by their chairman, Mr. Aldrich, repor-
ted the bill with amendments ; which was received and concurred in.
The House then adjourned until 10 o'clock to-morrow.

TUESDAY, Dec. 14, 1847.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by Rev. F. H. Rutledge, D. D., Chaplain, the journal
of yesterday was read, amended and approved.
Mr. Tanner gave notice that he shall, on some future day, ask leave
to introduce a bill to be entitled "An Act to authorize certain persons
to establish a Ferry across the Apalachicola River at Chattahooehie,
Mr. Morrison gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled "An Act-to change the time for
holding the Circuit Courts of the Western District."
Mr. Johnston gave notice that he will, on to-norrow, ask leave to
introduce a bill to change the name of William J. McCaughan.
On motion of Mr. Aldrich, leave was granted him to introduce, pur-
suant to previous notice, a bill entitled "An Act to authorize the Trea-
11






82
surer of Alachua county to pay over to The Treasurer of Marion coun-
ty, the amount of the Tax in his hands assessed and collected upon
lands lying in Marion county;" which was read, and ordered for a
second reading to-morrow.
Also, a bill entitled "An Act in addition to an act, to organize the
Circuit Courts of the State of Florida," which was read and ordered
to a second reading to-morrow.
On motion of Mr. Chain, leave was granted him to introduce, pur-
suant to previous notice, a bill entitled "An Act to provide for the
Collectors of Taxes, and other officers holding public monies, to re.
mit the same-to the Treasury of the State," which was read and or-
dered for a second reading to-morrow.
On motiofi of Mr. Waterson, leave was granted him to introduce,
pursuant to previous notice, a bill to be entitled "An Act amendatory
of the Criminal Laws, now in force in this State," which was read
and ordered to a second reading to-morrow.
On motion of Mr. Blackburn, the bill entitled "An Act to amend the
Constitution of this State, so as to provide for the election of Justices
of the Supreme Court, Chancellors and Judges of the Circuit Courts,
by the People of the State :" "An Act to regulate pleadings in civil
eases, in the courts of Record in this State :" arid "An Act to change
the time of holding elections for county officers," were taken from the
table and placed among the orders of to-day.
Mr. Blackburn presented the "Petition of Craven G. Fife, Clerk of
Jefferson Circuit Court, relative to Stationary furnished by him,"
which was read and referred to the Committee on Propositions and
Grievances, with instruction to report by bill or otherwise.
On motion of Mr. Blackburn, the following Resolution was adopted,
Resolved by the Senate and House of Representatives of the State
of Florida, That both Houses of the General Ass6mbly aforesaid, will
proceed on to-morrow at 12 o'clock, M., to the election of a Register
of Public Lands, Clerk of the Supreme Court and Judge of the South-
ern Judicial Circuit for this State.
The Committee on Propositions and Grievances, to whom was
referred a bill to exempt from levy and sale for taxes, under certain
circumstances, offered a Report; which was received, and on motion
of Mr. Aldrich, postponed for further consideration.
The accompanying bill was read a second time, and ordered to be
engrossed for a thiid reading to-morrow.
The Juidiiary Committee, to which was referred so much of the
Governor's Message, as recommends the election of Judges by the
people, offered the following Report:
The Committee on the Judiciary, to which was referred so much of
the Governor's Message, as recommends the election of the
Judges of the Circuit Courts by the people, beg leave respectfully
to report:
That your committee have deliberated upon the subject-matter of
this reference, with that earnest anxiety which the magnitude of so
great a change in the Judicial Department, would seem to demand.






83



But before considering the proposed change, its extent and operation,
or the propriety of its introduction, your committee's attention has
been necessarily directed to the high source whence the suggestion
emanates-the Supreme Executive Power. Himself, "a distinct,
separate, independent, and co-ordinate branch of the Government,"
the Chief Magistrate proposes to destroy the tenure of office of a like
distinct, separate, independent, and co-ordinate branch; and- recom-
mends the Legislature, no less distinct and independent, to disrobe
itself of high constitutional functions, in order to consummate the
measure.
The people of the State by their Constitution, have divided the
powers of Government into three distinct departments, and each
of them confided to a separate body of magistracy, to wit: Those
which are Legislative to one; those which are Executive to
another; and those which are Judicial to another." And the same
paramount law infuses into each its powers and its energies, in the
mode and for the term alike indicated by the same high sanctions.
Again, they have declared in the same sacred instrument, No per-
son or collection of persons, being one of those departments, shall
exercise any power properly belonging to either of the others, ex-
cept in the instances expressly provided in the Constitution." We
apprehend the closest inspection of the Constitution will fail to dis-
close the shadow of difference in the independence of either of these
co-ordinate branches of the Government; and we hazard nothing
in saying, that it was the clear end and aim of the framers of the
Constitution, that each should ever present and maintain in full vigor
its appropriate powers, alike subject to no attack nor intrusion from
either-alike neither making nor repelling assault. Yet the Execu-
tive Department has here proclaimed war against the Judicial, and
invokes the Legislative aid to make effectual the assault; nor does
His Excellency appear to discern that he does likewise assault the
independence of the Legislature, in bringing the weight of his au-
thority, of his station, of his opinions, against the exercise by this
Department, of constitutional duty plainly committed.to their charge.
Has, indeed, the Constitution failed to throw the aegis of its protec-
tion over the Judicial Department, or has that body of magistracy
forfeited its independence ? Not so. That absolute distinctness of
these departments the one from the other-that designed separation-
that avowed protection to each from intrusion of the other, in its
exercise of its powers, as declared in the Constitution, are but to
ensure their mutual independence ; and the experience of all ages has
declared, that such an independence in the Judicial Department can
never be attained, unless it is placed by the Constitutional power,
"-equally above the frowns and smiles of the other co-ordinate
branches of the Government." And yet all this.has availed nothing,
if, indeed, the Judicial Department is .open to the attacks of the
Executive and the broad shield of a common protection is nothing
worth.
His Excellency the Governor "regards it as the privilege, nay, he





84



considers it the imperative duty imposed upon the Executive, to re-
commend to the Legislature such amendments to the Constitution as,
in his judgment, the public good may demand." And to this privi-
lege,'and to this duty, he discerns no limit. But your committee
have with great care examined the Constitution, article by article,
section by section, and they are unable to find that it is even his
privilege, much less his duty or his right, to recommend changes of
the Cpnstitution. The duties of the Executive lie within the com-
pass of that instrument as it is, not over and beyond it. He is to
act under it, not to change nor alter it, either by action or sugges-
tion-neither in prompting the change, nor in ratifying it, when it is
made. With all these matters, he has nothing to do; nor are your
committee at all able to reconcile the pretension, with that other dec-
laration made in the same message, "That the General Assembly
" is, to all intents, a Convention of the people, when amendments to
" the Constitution are under consideration, and, as such, entirely in-
" dependent of the Executive."
Your committee hold, however, that, at all times, and on all sub-
jects, the Legislature, when acting within the bounds of the Con-
stitution, are independent of the Executive will, nor does this avowal
at all conflict with the fullest exercise by the Executive of his rightful
powers. The same high position we claim for this Legislative De-
partment, we accord to the Judicial, independent alike of both. Upon
the Executive Department, it is true, it is enjoined that He shall,
"from time to time, give to the General Assembly information of the
" State of the Commonwealth, and recommend to their consideration
" such measures as he may deem expedient;" and, again, that He
" shall take care that the laws be faithfully executed." But these
are all the obligations of the Constitution, under the sanction of
which, Executive recommendations are to come to this Legislative
body. Is a proposition to overthrow a co-ordinate branch of the
Government, information of the state of the existing government-
rather does it not aim so far to form a new government ? Is, indeed,
a radical change in the very elemental principles of the Constitution,
"" a measure designed for the consideration of the Legislature," within
the intent and purview of that instrument, such as is to emanate from
the Executive authority? Are not the measures embraced within
the scope of the Constitution, legislative measures as such-recog-
nizing the Constitution as it is-looking to the distribution of the
powers of Government as there made, and with a view to the carry-
ing on that government, as therein devised. The claim of the
Executive to suggest and propose amendments to the Constitution, is
at war with the delegation of powers as made; with the indepen-
dence of the co-ordinate branches of government as secured, and ut-
terly at variance with the full and untrammeled exercise of the high
and commanding.functions of the Legislature, as a quasi convention
of the people. It is confided to one Legislature to initiate, to another
to perfect; and in the exercise of so high prerogatives, the Legisla-
tive Department can, with safety, propriety, and independence, admit
no intrusion.






85

But let us ask, which should be the stronger recommendation to
the Legislative Department-the already existing Constitution, the
express written announcement of the people's will, the supreme law,
which they have enacted, or a bare suggestion from the Executive,
on his own mere motion, on his own responsibility, in absolute con-
tradiction of that will ? Does it not follow, necessarily, if the Con-
stitution be the people's will, that it shall be obeyed and respected as
such; that we should look to the people who have expressed it,
themselves to indicate a change.
The present suggestion, then, in the opinion of your committee,
is the suggestion of a single citizen-holding at this time, it is true,
Executive authority, but presenting this proposal to the Legislature
with no sanction whatsoever of official right. We have not before
us the expression of the people's will, calling for change in the fun-
damental law. They have not by their voice in the primary assem-
blies, declared against the tenure and mode of appointment of the
judiciary. They have not sent here their recorded condemnation
of the present system-but their solemnly expressed will in Con-
vention remains undisturbed to this day. Whence come wars,
and rumors of wars ?" From what source emanates this threatened
invasion, and at what hour, and under what circumstances, was the
invasion planned ? Meditated by the Executive, as he tells us, before
the first session of the Legislature-before the Judicial Department
was organized, even before it had any being-even before trial-the
constitutional plan of appointment of judges, was condemned, and
the solemn determination of the people in Conventiort met with
Executive disfavor, and fell into Executive dis-esteem! Delayed, to
be suggested at the first session under State Government, (as declared
to the last General Assembly,) only from an apprehension, that its
" consideration might have a tendency to embarrass the Legislature
" in the adoption of such measures as were deemed indispensable to
" its speedy organization," his Excellency did yet, on the 20th Nov.,
1846, propose to the last Legislature, "that the election of Judges
" of the Circuit Court be hereafter made by the people by general
" ticket from the whole State, and that their term of service be limited
" to not less than five, nor more than ten years."
And here let us pause and reflect. Might not any one reasonably
suppose, that if such recommendation met with public favor, we
would have received, ere this, expressions to that effect from the peo-
ple'themselves ? That thus appealed to by their Chief Magistrate,
to change the machinery of Government the moment it was set in
motion, the people would (had the appeal met their approval,) have
so declared ? Might not their primary assemblies be expected to
call for a Convention of the people, to modify the Constitution, had
such appeal met that universal burst of sympathy, no doubt looked
for by the projector ? But far otherwise was the result. With the
last Legislature, this innovation found scarce an approving voice, if
we may judge from the total silence which that suggestion met. Nor
has the case altered with the great body of the people since. No-





86



where are they clamorous for change-but to this hour, so far as we
know, all their desires coalesce in the present existing Constitution.
And in this view, your committee would recommend to this House,
some considerations which should not be lost sight of, in the exercise
of the high powers entrusted to our keeping, as a part of the Legis-
lative Department. In almost all that comes before us, of ordinary
legislation, we wait for some expression of the will of those upon
whom proposed legislation is to operate. How much more essential
is this to be considered, when we would alter a written Constitution.
We should not of our own minds, or instigated by suggestions, other
than from the people themselves, make changes, because we have
the power. We should not prompt the people to be dissatisfied with
their Government. Once regard changes, and revisions, and altera-
tions in the Constitution, as ordinary subject-matter of legislation,
and to what do we reduce a written Constitution? Is it any longer
a superior paramount law--the embodiment of the expressed will of
the people ? Do we not, in effect, deny it all such force, even as
evidence of what that will was, if, without expression from the peo-
ple, we make this, or any other change ? If, in the absence of such
indications, we pass a bill to alter the Constitution, do we not, in ef-
fect, call upon the people, at our instance, to show cause before the
next General Assembly, why their fundamental law should not be al-
tered? And does not this reduce the people's will to that of a mere
veto powei ? Your committee see that such consequences result, and
others in their train, as evil in their effect as fortuitous in their origin.
But in view of this Message, it would seem that His Excellency the
Governor has altogether lost sight of the fact, that the present Con-
stitution is the expressed will of the people-that the Government as
devised is the government of their choice-that the distribution of
the powers of government was by them made as it is made. 'he
Legislature is reminded, is cautioned, in a tone between that of ex-
postulation and reproof,-"the Legislature certainly will not disregard
another very important consideration, namely, that a direct vote by
the people for Judges of the Circuit Court is their undoubted right-
a right hitherto withheld." We know not in what sense to interpret
such language-in the opinion of your committee as unsound in sen-
timent, as it is inappropriate in application. The power to elect
Circuit Judges resides with the Legislature. Is it to be understood,
that, in view of the Executive, the Legislature are exercising an
usurped power-a power against right-that, while the power is
with us, the right is with another? "A right hitherto withheld!"
Your committee would repel such an imputation, and show the war-
rant for the exercise of its high privileges-the Constitution of the
State. Can that right be said to be withheld from the people, which
the people have themselves delegated? In the same way, and with
an equal propriety, it may be said, wheresoever the Constitution has
distributed any one power, or provided one mode of its exercise, that
the right is withheld to have that mode changed, that power other-
wise distributed. And thus every Department of the Government






87



is exercising "undoubted rights of the people-rights hitherto with-
held," In this common usurpation, His Excellency must alike shar ;
for in the same way it may be said, that an annual election for Gov-
ernor is the undoubted right of the people, a right hitherto withheld.
But your Committee consider that under a written Constitution no
right is withheld while that Constitution is obeyed, but only when it
is violated. Do they withhold the right, who honor the Constitution
and recognize that sacred instrument 'as the voice of the people ever
speaking to us, and proclaiming their will ? Rather do not they with-
hold the right, who fail to discern that voice, who make light of that
will ? Do not they withhold the right who throw impediments in the
way of the Constitution-who carp at it, and reduce it into disesteem
-who hawk at it and tear it, till scarce a feature of its own self will
be left-the miserable. shreds and patches which a spirit of innova-
tion will choose to leave intact of the Constitution of a free people.
In this connexion, your Committee cannot forbear presenting the
proceedings df that Convention which framed the Constitution at St.
Joseph's, so far as the same relates to the Judiciary Department. The
Committee on that subject were Messrs. Allen, Westcott, Baltzell,
Ward anrdPartridge. (See p. 12 of the Journal.)
They reported the present Judicial system. (See pages 24, 25,
26, of the Journal.) In committee of the whole, that Report whs dis-
cussed, and on page 51, of the same Journal, will be found the fol-
lowing, viz :
Mr. Bartlett moved to strike out all after the word elected,' in
the 2d line of the 11th section, and insert by the 'qualified electors ;
and the ayes and nays being called, were-
AYES-Messrs. Bartlett, Crichton, Read of Leon, Sanchez,
Watts, Westcott-6.
"1 NAYs-Mr. President, (Robert Raymond Reid) Messrs. Allen,
"Anderson, Baltzell, Bellamy ofJefferson, Bellamy of Jackson, Bird,
"Blount, Brooks, Brown of Monroe, Brown of Leon, Bunce, Cooper,
"Duval, Fitzpatrick, Garey, Garrason, Haddock, Hooker, Hunter,
" Jenckes, Levy, Long, Malone, Marvin, Mays, McClellan, McKin-
" non, McLean, McGehee, McCants, Meacham, Morton, Partridge,
"1 Parkhill, Roche, Robbins, Semmes, Stephens, Taylor, Thompson,
"M Ward, Webb, White, Wood, Woodward, Wright, Wyatt-48.
So the motion was lost."
Thus then, it will be seen, that as 8 to 1 were the friends of the
existing system of election of Judges of the Circuit Courts, by the
Legislature, against the friends qf the proposed system of election by
the people. And in view of so wonderful a unanimity in the adoption
of the present mode of election, would it not perhaps be more'in
place for us, to await the evidence of a change of sentiment in, the
people, rather than to anticipate it-to let it lead us, rather than for
us to forestal its action. Accustomed to regard the will of a major-
ity as republican principle, why is it, that this most emphatic expres-
sion is allowed no force, is permitted no action? Why is it that
even before the organization of the Judicial Department, the Supreme





88-



Executive Power meditates of its own mind, and proposes of its own
authority, a destructive assault upon this particular feature of the
Constitution ? an assault involved in which is an attack upon each
co-ordinate branch of the Government-upon the Judicial Depart-
ment,-to change the tenure of office and the mode of election-upon
the Legislative Department, to disrobe it of high Constitutional rights:
an assault, we will say, in each view, having for its object the utter
overthrow of the expressed will of the people. Are the people indeed.
regarded as their own worst enemies, and are they to-be saved
from themselves ?" Else why not honor and respect the indications
of their will ? Why not regard with favor, the work of their own
hands ? But his Excellency is pleased to declare that it is-difficult
to account for the existing anomaly in our State Constitution, which
forbids to the people a voice in the selection of their Judges." Here
again, we apprehend, is an abuse of terms. Have they not a voice?
do they not speak by their agents ? in the mode of their own ap-
pointment ? And who have forbidden the people-the people them-
selves. But this delegation of the right of choice, is termed an
anomaly." Now an anomaly is defined to be a deviation from a
common rule." Can that mode of election be an anomaly which is
in accordance with the practice, and approved by the experience of
ages : which has obtained in the United States for over seventy years,
which his Excellency himself elsewhere declares was derived from
our English ancestors ? Is not rather the novel and scarcely tried
theory now commended, without the evidence of approval of one gen-
eration, even in the confines of a single State of the Union-is not
that rather to be termed an anomaly ?" And should not those x*ho
propose it do more than satisfy us, that it will work equally well with
the existing system ? Your committee do not regard that legislation
as sound which makes a change*upon promise of equal good, how-
soever vouched for-which gives up practical blessings for mere
speculative advantages. But your committee are of opinion, that to
warrant throwing down the foundations which have been laid in the
experience of ages, positive, superior and permanent advantages,
should be secured. And yet the utmost that his Excellency the Go-
vernor-the most sanguine advocate for this innovation-is able to
promise us, is, that the system proposed, will secure the selection
of Judges not less vigilant in the discharge of their duties, and in other
respects equally entitled to public confidence with those selected by
intermediate agents" the Legislature. And your committee might
rest here, and boldly assert that no Legislature would be warranted
in overturning existing institutions to secure an equal good with that
already secured.
But if your committee can discover no official warrant to the Ex.
ecutive not charged with this subject for this recommendation-if
they can find no resident power nor sanction involved in the Consti-
tution reposed in him for this purpose-if they discern these assaults
upon the co-ordinate branches of the Government to be unwarranted
by the Supreme law, and violative of the independence of these De-






89



partments-if they feel assured the Legislature ought not to rest satis-
fied with the promise of an equal good in making changes of the
Constitution-still less do wer think the Legislature could repose
safely upon the arguments on which such recommended change is
founded.
And your committee does not hesitate to declare that to change el.
ementary principles like these-to re-distribute powers of Govern-
ment of the most transcendent importance, a Convention of the Peo-
ple would be the fittest mode, and alone ought to be deemed sufficient
warrant. When the people demand so radical a change of a con.
stituent department of the Government, your committee deem that
so grave a question should only be determined by a convention itself
-whose word should have a sanction and a power denied, it
would seem, to the last expression of their will. But least of all in
any event, should the Legislature make surrender of high powers and
delicate functions committed to their care and exercise, of their own
mere motion, or at other suggestion than that of the people, at whose
hands they received the delegated trust. Any other principle is in
defiance of the will of the people, nor could the Legislature, entrus-
ted as it is with high constitutional functions, adopt with propriety,
(we might say with honor) in the absence of expression of the will
of the people, that system which the Executive declares it is his
desire" to have established. But his Excellency, inviting us to change,
only on promise of equal good, refers us for the likelihood of those
promises being realized to the experience of other States. So lim-
ited is this field in comparison with the very general existence of our
own or kindred systems, that experience in an isolated case, even if
wholly satisfactory, would be but as one instance against the general
rule. New York has, under her new Constitution, caused all her
Judges to be elected by the, people. So short has lieen this general
change, that as yet rio true test of its virtues can be found. But we
do know that "the very fathers" of that Republic look on with fear-
ful apprehension to this very hour for the operation of that system.
But that State has for years past possessed the most striking eviden-
ces on which, to say the least, to found apprehensions of its success.
Her Senate, under the old Constitution, formed a constituent part of
the Supreme Court for the correction of errors-the highest Judicial
tribunal in the State. Yet we have the word of the great and vene-
rable Ambrose Spencer, in his appeal to his fellow citizens against
the adoption of this new Constitution, for this startling declaration:
Speaking of those Senators, We have seen (says he) Senators
either expelled for corruption, or resigning to avoid expulsion.
We have seen men occupying distinguished places in the State, after
trial indignantly rejected by the people, as impostors and igno-
ramuses," And yet these men were elected as Judges as well as
Senators, and that in a most refned, enlightened and populous, State ;
and.the people believed them to be honest and capable and sincere.
Equally do they misapprehend, who imagine that the objection to
the proposed system grows out of any lingering distrust of the capa-
12





90



city of the people for self-government." On the contrary, a firm be-
lief in that capacity lies at the basis of all our institutions, and alone
gives the guaranty of their permanency and success. Did indeed,
our patriot fathers of the revolution-they who first proclaimed-they
who first proved this great problem of self-government-did they in-
deed have a lingering distrust still in the capacity of the people, when
they universally established the system of election of Judges by in-
termediate agents ? Had they not known rather by bitter experience
of the past, how necessary a thing it was to make the Judiciary in.
dependent, and was not the present system devised with that end;
that the Judges of the land, stern, upright and independent, might
with firm and skillful hand
Uphold the laws, and keep them ever
Above the proud man's violence,
"Within the poor man's reach."
Accord to the people the most keen discernment of character and the
most accurate judgment of men and measures-yet the people can
only judge upon facts presented, or where the means of forming judg-
ment are already within their knowledge. Of the principles and
capacity of candidates for political offices, the opportunity of their
exhibition is usually long continued, ample and sufficient, and the
people have abundant means of forming correct judgment with the
aid of their own discernment, knowledge of human character, and of
the springs of human action. Yet the qualities proper, the attain-
ments essential to the performance of judicial functions, at the same
time they are less seen and Known, are not in their nature, suscepti-
ble of being so accurately defined or so fully investigated. Again,
the declarations of opinion on political subjects put forth by candi-
dlates for political stations, give to the people in some sort, a guide to
the decision of their fitness. But what can the people predicate of
an avowal by a candidate for the Bench, that he will prove honest,
capable, faithful to his trust? No man can avow more-no man can
avow less-and what clew will this give either to his principles or
his practice, either in public or private life ? And yet of the vast
vote cast at such an election for general ticket throughout this State,
how few will have ever seen, how much fewer will have ever known
the candidates between whom they will be called to select? Were
accurate and reliable information accorded to the people, we well
know they could and would discriminate: but the misfortune is they
will be called upon and required to decide without having the means
of information essential to the sound exercise of choice.
Must not the people, 4then,-the vast majority, we mean-take on
trust those of their public servants who, perhaps, of all others, have
the most to do with taking care of their interests," and may they not
themselves be made to suffer from the abuse of their confidence.
With a desire to notice every argument advanced by his Excel-
lency, the Governor, we are obliged to advert to one passage includ-
ed within this reference. While we agree with him that an in-
competent or faithless Judge may render practically worthless the






91



best system of laws," (and this, we apprehend, howsoever elected or
appointed,) we cannot see how, under our Constitution, forbidding to
each Department the exercise of any power properly belonging to
another, "that an honest Judge has it in his power to avoid many of
the evils of hasty legislation." We have been taught that "the courts
must declare the sense of the law, and if they should be disposed to
exercise will instead of judgment, the consequence would be the sub-
stitution of their pleasure to that of the legislative body." Thus, to
"4 avoid the evils of hasty legislation," the Judges would have to de.
cide when the legislative will shall have the force of law and, again,
when it shall not receive their judicial approbation. The sphere of
an independent, co-ordinate branch of the government would be in-
vated, and the Constitution set at naught.
But the proposal of such a corrective, imputes at least, the existence
of a fault to be corrected, and that, a fault in the immediate represen-
tatives of the people, elected by the popular vote. And is it not fair
to reason from these his own premises, that if the immediate repre-
sentatives of the people, selected in small districts and well-known,
personally and politically, to the large majority of their constituents,
are so liable to great faults within the sphere of their action, as to call
for the Judiciary to overstep the bounds of their Constitutional power
to apply a remedy, that we may look for yet greater faults in those
very Judges, proposed to be selected by General Ticket from the
State at large, and who of necessity will be personally unknown to
the great body of the people ? Does not his Excellency by thus im-
puting evils of magnitude to the immediate agents of the people, im-
peach that very infallibility on which his whole argument for innova-
tion rests ?
But your Committee forbear to pursue this subject further, or more
to dilate upon the disadvantages of the proposed system. The argt-
ment against it, it is difficult to exhaust.
Charged as your Committee are with the subject of the Judiciary,
they have deemed themselves specially called on, to vindicate the in-
dependence of that Department, and to repel assaults made upon it.
Your Committee are of but one opinion upon the subject embraced
in this reference. We believe the election of Judges by the people,
to be uncalled for and inexpedient. We regard the existing system
as the favorite of our people, and the proof of it we have embodied in
this Report. It secures the independence of the Judges, and places
them far above the frowns and smiles alike of the other co-ordinate
branches of the Government. It is in the line of safe precedent, a
system under which our fathers have lived in the full fruition of every
right, in the full protection of "life, liberty, and the pursuit of happi-
ness." And we may rest assured, that if these rights are not secur-
ed to us and our children, it will not grow out of the present distribu-
tion of the powers of Government, nor of the mode of election or ten-
ure of office of our functionaries; the fault will lie elsewhere than in
the people-elsewhere than in their Constitution: for by rendering
the Judiciary stable and independent, the people have accorded to the





92



sentiment of ages, that an independent Judiciary is the firmest sup.
port of private rights and public happiness. All of which is respect-
fully submitted.
THOMAS H. HAGNER,.
Chairman of the Committee on the Judiciary.
Which was received, and on motion of Mr. Blackburn, 75 copies
ordered to be printed.
Senate "Resolution relative to adjournment, sine die, on 22d inst.,
was received, and ordered for a second reading to-morrow.
Senate bill entitled "An Act more particularly to define Mortgage
Liens," was read and ordered to a second reading to-morrow.
House Preamble and Resolutions relative to pre-emption rights in
this State, were returned from the Senate, having passed that body
Dec. 13, 1847, and were ordered to be enrolled.
A message from the Governor, relative to public lands, was read,
and with accompanying documents referred to the committee on
schools and colleges.
ORDERS OF THE DAY.
The bill entitled An Act to make the certificates of the Treasurer
of this State receivable in payment of all public dues : was taken up,
and the House again resolved itself into committee of the whole for
the consideration of the same. The committee rose, and by their
chairman, Mr. Chain, reported progress and asked leave to sit again,
which was concurred in.
The House then took a recess until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House met and again went into Committee of the Whole for
the consideration of the Bill entitled "An Act to make the certificates
of the Treasurer ofthis State receivable in payment of all public dues."
After some deliberation the Committee rose, and by their Chairman,
Mr. Aldrich, reported the Bill back, without amendments, which was
concurred, in.
The Bill entitled "An Act in addition to an act to organize Courts
of Probate for the State of Florida," was read a second time by its
title, and ordered to be engrossed for a third reading to-morrow.
Senate Bill entitled "An Act to authorize the executors of George
Kingsley, deceased, to sell real estate," was taken up, and the House
again resolved itself into Committee of the Whole, for the considera-
tion of the same.
After deliberation, the Committee rose, and by their Chairman,
Mr. Forward, reported the Bill back with amendments, which was
concurred in. The Bill was then read a second time by its title, and
the amendments ordered to be engrossed for a third reading to-mor-
row.
On motion, Mr. Bryant obtained leave of absence from to-morrow
1 o'clock P. M. till Monday next.
The House then adjourned until to-morrow 10 o'clock.






93



WEDNESDAY, Dec. 15, 1847.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by F. H. Rutledge, D. D., Chaplain, the journal of
yesterday was read, amended and approved.
On motion of Mr. Blackburn, in behalf of Mr. Shields, leave was
granted him to introduce, pursuant to previous notice by Mr. Shields,
a bill entitled "An Act to change the name of Sarah A. Alston," which
was read and ordered for a second reading to-morrow.
On motion of Mr. Mitchell of Jackson, leave was granted him to
introduce, pursuant to previous notice, a bill to be entitled "An Act to
organize the Circuit Courts of the State of Florida," which was read,
and the rule being waived, read a second time by title, and referred to
a Select Committee, consisting of Messrs. Morrison, Chain, Hobart,
Cook and Hagner.
Mr. W. M. Maxwell gave notice that, on to-morr6w, he will ask
leave to introduce a bill to provide for the transfer to the trustees of
T. 1, R. 1, S & E., of all moneys, notes, and securities raised, by
lease of the 16th sections in said township.
On motion of Mr. Forward, the bill entitled "An Act to make the
Certificates of the Treasurer of this State, receivable in payment of
all public dues," was ordered for a third reading to-day.
On motion of Mr. Chain, the bill entitled "An Act to repeal an act
entitled An Act to amend an act to establish a Tariff of Fees, approv-
ed Feb. 15, 1834, and which was approved Dec. 27, 1845," was ta-
ken from the table, and placed among the orders of to-day.
On motion, it was ordered that the documents relative to the bill
which has passed the House, authorizing the Governor to commis-
sion Justices of the Peace in certain cases, be transmitted to the Se-
nate.
On motion of Mr. Johnston, leave was granted hini to introduce,
pursuant to previous notice, a bill entitled "An Act to change the
name of W. J. McCaughan," which was read and ordered for a sec-
ond reading to-morrow.
Mr. W. M. Maxwell presented the "Petition of B. G. Thornton,
relative to the building of the Capitol," which was read and referred
to the Committee on Claims.
Mr. Crawford presented the "Petition of A. Hall, Sheriff of Wa-
kulla county, relative to official services by him rendered," which was
read and referred to the Committee on Claims.
Also, the "Certificate of the Board of County Commissioners for
Wakulla county, relative to refunding to John Stone, certain Taxes
by him heretofore paid," which was read and referred to the Commit-
tee on Propositions and Grievances.
On motion of Mr. Hagner, it was
Resolved, That the Committee on Propositions and Grievances be in-
structed to examine the fee bills of public officers of this State, common-
ly called the Tariff of Fees, and report to .this House what reductions
therein ought to be made; and, further, inquire into the expediency





94



of repealing all laws which allow recourse over against the State,
upon the failure of defendants in criminal cases paying the costs
awarded against them.
Resolved, That the Committee on Propositions and Grievances be in-
structed to inquire and report, whether it will be advisable to invest the
County Commissioners in the several counties in this State, with the
powers and jurisdiction ex officio of Justices of the Peace.
The following Report of the Committee on Schopls and Colleges,
was received and concurred in, viz :
The Commiitee on Schools and Colleges, to whom was referred a
report of the Register of Public Lands, proposing the amendment
of laws relative, to the State lands, beg leave to report:
That they approve of the amendments proposed by the Register,
and in accordance therewith, recommend the House to make the
same disposition of all moneys received, or that shall hereafter be
received, from the General Government, for the purpose of education,
as is prescribed for the surplus arising from the sales of Seminary
lands. They, also, recommend, that the second, third, and fourth
sections of act No. 24, of 1846, be repealed; and that the fifth sec-
tion of act No. 23, of 1846, be substituted therefore, as it makes
nearly the same provisions as the former sections combined, and is
more concise, practicable, and economical in its operation.
The committee disapprove of the suggestion of the Register to
employ a deputy in his office, as all expenditures of the school money,
not absolutely necessary, should be avoided.
The committee beg leave to introduce two bills to effect the amendments
proposed, and to be discharged from further consideration of the subject.
JOHN TANNER, Chairman.
The enclosed bills entitled "An Act to amend an act to provide for
the sale of the lands granted to the State for the purpose of Internal
Improvements," and "'An Act to amend an act to establish the office
of Register of Public Lands for the State of Florida," were read, ordered
for a second reading on Friday next and 75 copies ordered to be printed.
The following Report fi-om the Committee on Claims, was receiv-
ed and concurred in, viz:
The Committee on Claims, to whom was referred the account of Dr.
R. E. Little, for medical services on John, (a slave,) prisoner in
Gadsden county jail, have had the same under consideration, and
beg leave to report:
That the account exhibited to them, sets forth that Doctor R. E.
Little was in attendance twelve days, from the 12th to the 24th Sep-
tember, inclusive, upon a prisoner of State, which is certified to by
the Sheriff of Gadsden county. The fee bill allows seventy-five
cents per diem in such cases ; but as there is no provision for medi-
cine, the committee recommend that the claimant be allowed six
dollars in that behalf, and the further sum of nine dollars for his per
diem. The committee, therefore, respectfully submit the following
bill, and beg leave to be discharged from further consideration of the
subject. A. COLLINS, Chairman.






95



The enclosed bill entitled "An Act for the relief of Dr. R. E. Lit-
tle," was read and ordered to a second reading to-morrow.
"The Committee to which was referred a Message from the Gov-
ernor, relative to the Public Arms, made the following Report, viz :
The Select Committee, to whom was referred a Message from the
Governor, relative to the public-arms, beg leave to report:
That they have visited the State Armory, and inspected the arms
and equipment, and found them in excellent condition. The armo-
rer, George W. Hutchins, appointed by the Governor for the past
year, has bestowed much labor in their preservation, and been at
considerable expense. Your committee recommend an appropriation
of $250, for the reimbursing and payment of said armorer. Your
committee recommend that the keeping and preservation of the pub-
lic arms in future, be under the care and direction of the Quarter-
master General; and as there is no salary attached to that office,
and it is'an office of great responsibility, expense, and trouble, with
onerous duties, your committee recommend an appropriation of the
sum of $300 per year, to be paid to said Quartermaster General, as
a remuneration for said services.
Your committee would further recommend the fitting up the
basement rooms of the Capitol for a place of deposit for the said
arms in future, and that said basement rooms be fitted up, under the
direction of the Quartermaster General, in such manner as he may
deem necessary and best for the safe-keeping and preservation of the
same, and for that purpose, your committee would recommend an
appropriation of $
And your committee further recommend, that so soon as the rooms
in said basement are ready for the receipt of said arms and equip-
ments, that they be moved into the same. And your committee fur-
ther recommend an appropriation for the payment of the rent now
due, and hereafter to be due, for the building where said arms and
equipment are now deposited.
Your committee have drafted a bill, which they respectfully submit,
and beg to be discharged from the further consideration of the subject.
"W. M. MAXWELL, Chairman,
JOHN SCOTT,
GEO. H. SMITH.
Which was read and concurred in-and the accompanying Bill
read and ordered to a second reading on Friday next: 75 copies to
be printed.
The following Message from the Senate was read, viz:
SENATE CHAMBER, Dec. 14, 1847.
Hon. Speaker House Representatives.
Sir-The Senate has- passed House Bill entitled An Act to regu-
late the pilotage of the bar of the river St. John's, with the following
amendments, viz : Strike out "assigned" in 10th line of section 3,
and insert aggrieved."
Add after the word any" in 10th line of section 9, any court of






96



record, or where the same is under fifty dollars before any." And
ask the concurrence of the House.
Very respectfully,
C. W. DOWNING, Secretary Senate.
The amendments were concurred in, and the Bill ordered to be en-
rolled as amended.
House bill entitled "An Act to more fully define the rates of, and
duty of Pilots, for the port of Cedar Keys," was returned from the
the Senate, having passed that body.Dec. 14th, 1847, and ordered to
be enrolled.
ORDERS OF THE DAY.
The bill entitled "An Act to change the time of holding elections
for county officers," which had been read a third time was taken up,
and on the question of its passage the vote was-
YEAS-Messrs. Blackburn, Garrason, Hobart, King, W. M. Max-
well, Mitchell of Monroe, Ross, Smith and Taylor-9.
NAYs-Mr. Speaker, Messrs. Aldrich, Bannerman, Bradwell, Burn.
ham, Chain, Collins, Cook, Crawford, Hall, Hagner, Hancock, Hen-
derson, Johnston, Mitchell of Jackson, Morrison, Overstreet, Quiggles,
Scott, Sheldon, Tanner and Waterson-22.
"So said bill was lost.
The bill entitled "An Act providing for the payment of Grand and
Petit Jurors of the respective counties of this State, out of the Treasu-
ry of the State," was taken up, and the House resolved itself into a
Committee of the Whole for the consideration of the same.
After deliberation the Committee rose, and by their Chairman,
Mr. Aldrich, reported the bill with amendments, which was read and
concurred in. The rule being waived, the bill was read a second
time by its title, and ordered to be engrossed for a third reading to.
morrow.
The bill entitled "An Act extending to criminals the right ofAppeal,"
was taken up, and the House resolved itself into a Committee of the
Whole for the consideration of the same. After some deliberation the
Committee rose, and by their Chairman, Mr. W. M. Maxwell, report-
ed the bill with amendments-which was received and concurred in.
The House took a recess until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The bill entitled "An Act to exempt the citizens of Levy county
from serving as jurymen beyond the limits of said county, was taken
up, gnd Mr. Aldrich offered the following amendment, viz :
Insert in the 3d line of said Act after the words Levy county,"
the following : -" residing over 40 miles from the county site of
Alachua county."
Upon the adoption of which, Messrs. Aldrich and Forward called
the yeas and nays.
The vote was as follows, viz:
YEAS-Messrs. Aldrich, Hagner, Hall, Hancock, Quiggles, Scott,
Tanner-7.






97



NAYs-Mr. Speaker, Messrs. Bannerman, Blackburn, Bradwell,
Burnham, Chain, Collins, Cook, Crawford, Forward, Garrason, Hen-
derson, Hobart, Johnston, King, Morrison, Overstreet, Ross, Sheldon,
Smith, Taylor and Waterson-22.
"So said amendment was lost. The bill was ordered to be engross-
ed for a third reading to-morrow.
The following Report from the Committee on Enrolled Bills, was
read, viz :
The Committee on Enrolled Bills have examined the following
Memorail, Preamhles and Resolutions, viz:
Preamble and Resolutions in relation to certain sections of land,
granted by the United States to Florida, for the purpose of fixing her
seat of Government.
Preamble and Resolutions in relation to pre-emption rights in this
State-and
A Memorial and Resolution of the General Assembly of the State
of Florida, to the President, Post Master General, and the Congress
of the United States, on the subject of a mail route therein mentioned,
and have directed me to report the same as correctly enrolled.
W. A. FORWARD, Chairman.
The said enrollments were signed by the respective officers of the
Senate and House, and transmitted to the Governor for his conside-
ration.
The bill entitled "An Act in addition to the several acts concern-
ing Wills, Letters Testamentary, Letters of Administration, and the
duties of Executors, Administrators and Guardians," was taken up,
and the House resolved itself into Committee of the Whole, for the
consideration thereof. After some deliberation, the Committee rose,
and by their Chairman, Mr. Blackburn, reported the same with amend-
ments.
Which was received and concurred in. The rule being waived
the bill was read a 2d time by its title and ordered to be engrossed
for a third reading to-morrow.
Upon motion of Mr. Chain, the rule was waived, and it was or-
dered that the number of copies of the report of the Judiciary Com-
mittee upon so much of the Governor's Message as refers to the elec-
tion of Judges of the Circuit Courts by the people, be extended to
five hundred. .
The bill entitled An Act extending to criminals 'the right of appeal,
was read a second time by its title and ordered to be engrossed for a
third reading to-morrow.
The House then adjourned until 10 o'clock, to-morrow.

THURSDAY, Dec. 1, 1847.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by Rev. F. H. Rutledge, D. D., Chaplain, the jour-
nal of yesterday was read, amended and approved.
13





98



Oh motion of Mr. W. M. Maxwell, leave was granted him to in-
troduce, pursuant to previous notice, a bill to be entitled "An Act in re.
lief of Trustees ofT. I, R. 1, S. & E"-which was read and order-
ed to a. second reading to-morrow.
On motion of Mr. Hagner, leave was granted him to introduce,
pursuant to previous notice, a bill entitled "An Act to make valid the
proceedings of sundry persons commissioned as Justices of the Peace
of this State,"-which was read, and the rule being waived, read a
second time by its title, and ordered to be engrossed for a third read-
ing to-morrow.
On motion of Mr. Johnston, the bill entitled "An Act to authorize
the qualified electors of each county in this State, to elect Judges of
Probate"-was taken from the table and placed among the orders of
to-day.
On motion of Mr. Hagner, the bill entitled "An Act to amend an
act entitled an act to provide for the election ofElectors of President
and Vice President of the United States, approved January 6th
1847"--was taken from the table, and placed on the orders ofto-day.
On motion of Mr. Chain, it was
Resolved, That the Comptroller and Treasurer are hereby most
respectfully requested to furnish this House, at an early a day as
possible, with the following information, to wit:
1st. The outstanding liabilities of the State, audited.
2d. The probable amount that is outstanding, and not audited.
3d. The probable amount that will be required for the expenses
of the government for the present fiscal year, ending 30th October,
1848.
Arranging these amounts under proper heads, so that. the present
General Assembly may have some such data to be governed by in
making appropriations and assessing the taxes for the said fiscal
year.
On motion of Mr. Mitchell, it was-
Resolved by the Hoiuse of Representatives of the General Assem-
bly of the State of Florida, That any member or members who
shall be absent at the time that the bill entitled An Act to provide
for the payment of Jurors out of the State Treasury, or any Bill
which may come from the Senate to that effect, shall be taken up for
its final passage or rejection, shall have the privilege of recording
their votes either for or against the Bill at whatever time they shall
appear in their seats during the present session of the General As-
sembly.
The following Report from the Committee on Propositiois and
Grievances was received and concurred in, viz:
The Committee on Propositions and Grievances, to whom was re.
ferred the petition of John L. Vickers, praying to be relieved from
the payment of the sum of two hundred and fifty dollars, in judg-
ment against him in Leon Circuit Court, on forfeited recognisance,
report:
That, although from a careful examination, they find that the cir-






99



cumstances of the case are such as fully entitle the 'petitioner.to re-
lief, they do not deem it expedient at present to recommend the ac-
tion of this body in his behalf. The Constitution gives to the
Governor of this State the power, in all criminal and penal cases,
(except of treason and impeachment,) after conviction, to grant re-
prieves and pardons, and remit fines and forfeitures, under such
rules and regulations as shall be prescribed by law; and although
this provision does not seem to include the case under consideration,
yet the Legislature (see Thofnpson's Digest, page 28,) construing
the Constitution to have granted that exclusive power in this respect,
have, by way of Legislative interpretation of the Constitution,
authorized the Governor, in all criminal and penal cases, (except,
&c.,) to grant pardons and reprieves, and to remit all fines and for-
feitures"-which last provision appears to reach the case of the
petitioner. Your committee, with this view of the law, do not deem
it proper that the House should take any action with respect to the
petition, at least until application shall have been made to the
Governor.
LOUIS ALDRICH, Chairman.
On motion of Mr. Aldrich, ordered, that the Petitioner have leave
to withdraw the documents returned with the above report.
The following Report from the Committee on Propositions and
Grievances was received and concurred in, viz :
The Committee on Propositions and Grievances to whom was re-
ferred the claim of Craven G. Fife for stationery furnished for the
use of Jefferson Circuit Court, Report: That they believe that so
much of said claim as is made for, stationery furnished for the exclu-
sive use of the Court during its session, should be allowed, but that
no further or other allowance should be made. Your Committee
have no means of ascertaining whether such stationery was furnished
during the term of Court or in vacation, In accordance with these
views, they beg leave to report the accompanying Bill.
LOUIS ALDRICH, Chairman.
The accompanying Bill was read and ordered to a second reading
to-morrow.
The following Report from the Committee on Propositions and
Grievances was received and concurred in, viz:
The Committee on Propositions and Grievances, to whom was re-
ferred the matter of the claim of John Stone upon the State, and
the County of Wakulla, for the refundment of a State and County
tax, collected from him in the year 1845, report:
That they are satisfied that the claimant, in the year 1845, ob-
tained a license from the clerk of the county court, to retail spirituous
liquors, and to keep a billiard table ; that an additional tax, amount-
ing to fifty-five dollars, and a county tax, amounting to sixteen dol-
lars and fifty cents, were (after he obtained said license) collected
from him, under the provisions of the revenue act, approved July
24th, 1845. In the 13th section of an act approved December 27th,-
1845, amending the above act of July 24th, it is declared, that per-





100



sons who may have taken out such licenses as the one above de-
scribed, prior to the passage of the revenue law of July, are not
subject to"the provisions thereof. Your committee, therefore, think
that the above amounts should be refunded to the claimant, and,
herewith, report a bill to effect that object.
LOUIS ALDRICH, Chairman.
And the accompanying Bill read and ordered to a second reading
to-morrow.
House Bill entitled An Act to facilitate the draining of the Twelve
Mile Swamp in the county of St. John's, was returned from the Sen-
ate, having passed that body, Dec. 15, 1847, and ordered to be en-
rolled.
Senate Bill entitled An Act to provide for the payment of Jurors
and, State witnesses, was read and ordered for a second reading to-
morrow. On motion of Mr. Hagner 75 copies ordered to be prin.
ted.
Senate Bill entitled An Act to provide for the establishment of
Common Schools, was read, and the rule being waived, read a sec-
ond time by title, and referred to the Select Committee appointed for
the purpose of drafting a Bill providing a system of Primary Schools.
On motion, ordered that the Committee on Schools and Colleges
be instructed to confer with said Select Committee on such reference.
ORDERS OF THE DAY.
The Report of the Committee on Finance and Public Accounts,
on the subject of the Circular of the Comptroller, of the 24th Aug.
1846, submitted to said Committee by order of the House, was taken
up for consideration-pending which the House took a recess until
3 o'clock, P. M.

3 O'CLOCK, P. M.
The House met and resumed the consideration interrupted by the
recess. The yeas and nays upon the concurrence with the Report,
being called by Messrs. Forward and Hagner-the vote was
YEAS-Mr. Speaker, Messrs. Bannerman, Bradwell, Chain, Craw-
ford, Hall, Hagner, Henderson, Higginbotham, Johnston, W. M.
Maxwell, Morrison, Overstreet, Quiggles, Scott, Sheldon, Smith,
and Waterson-18.
NAYs---Messrs. Aldrich, Blackburn, Burnham, Cook, Forward,
Garrason, Hancock, Hobart, King, Mitchell of Jackson, Ross and
Taylor-12.
So said Report was concurred in.
The Resolutions accompanying said Report, entitled Resolutions
relative to the Circular issued from the office of the Comptroller 24th
Aug., 1846, were read and ordered to a second reading to-morrow.
On motion, the Circular therein referred to, and a letter from the
Comptroller to Hon. W. A. Forward, and now in possession of the
House, were ordered to be spread upon the journal.
[See Appendix, p. 37.]





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