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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A

JOURNAL OF THE PROCEEDINGS

OF THE

HOUSE OF REPRESENTATIVES

OF THE

GENERAL ASSEMBLEy

OF THE FLORiD iA??I

STATE @F FL@R0PArqT, '

AT ITS

FOURTH SESSION,.

Begun and held at the Capitol, in the City of Tallahassee,
on Monday, Twenty.Seventh November, 1848,

FLORIDA STATE LIBRARY

TALLAHASSEE:
OFFICE OF THE FLORIDA SENTINEL
PRINTED BY JOSEPH CLISBY.
1848......

.--- Shelf No.z

JOURNAL, &C.

MONDAY, November 27, 1848.
On which day, being the one fixed by the Constitution of this
tate, for the meeting of the General Assembly, at 12 o'clock, M.,
Mr. WM. B. LANOASTER, Clerk of the late House of Representa-
tives, called the members elect to order, and proceeded to call the roll
by counties, when the following named members appeared, and pre-
sented the evidence of their election :
From Escambia County.-William N. Richburg.
Santa Rosa.-John Wilkinson.
Walton.-James M. Landrum.
Washington.-Stephen Daniel.
-Holmes.-Dempsey Fennell.
Jackson.-Nicholas A. Long.
Calhoun.-Stephen Richards.
Gadsden.-Stith F. Jones, Samuel B. Stephens, A. E. Knowles,
Hadley Hinson.
Leon.-David S. Walker, Richard A. Shine, William M. Max-
well, Charles Bannerman.
Wakulla.-Sol. E. Mathers.
Jeferson.-Elias E. Blackburn, John S. Devine.
Madison.-John Coleman, Thomas Langford.
Hamilton.-Josiah T. Baisden.
Columbia.-George E. McClellan, Giles U. Ellis.
Duval.-John A. Summerlin.
Alachua.-Thomas J. Prevatt.
Marion.-John Scott.
Benton.-John S. Taylor.
Hillsborough.-James T. Magbee.
Nassau.-Edwin M. Moore.
St. Lucie.-Mills O. Burnham.
St. Johns.-Benjamin A. Putnam.
Whereupon, there being a quorum present, on motion, Mr. Long
was called to the Chair.
On motion of Mr. Blackburn, the oath of office, in such case pre-
scribed by the Constitution of this State, was duly administered to all
the above named members, by JOHN W. COWART, Justice of the
"Peace for Gadsden County.
On motion of Mr. Jones, the members present adjourned until 11
o'clock tomorrow morning.

' Y4

4

TUESDAY, November 28, 1848.
The House met pursuant to adjournment and the journal of yes-
terday having been read :
On motion of Mr. Maxwell further proceedings were opened with
a prayer from the Rev. Mr. Choice.
On motion, Messrs. J. W. Bryant from Duval, John Tanner of
Jackson, John P. Baldwin of Monroe, and William R. Taylor of
Jefferson counties, having presented the evidence of their election,
were duly sworn in by J. W. Cowart, J. P. of Gadsden county.
On motion the House proceeded to organize by the election of of.
ficers.
The election of Speaker being declared in order, Mr. Maxwell
nominated Mr. Putnam for that office, and the vote resulted as fol-
lows:
FoR PuTNAMa-Messrs. Baisden, Baldwin, Bannerman, Black-
burn, Bryant, Burnham, Coleman, Daniel, Devine, Ellis, Fennell,
Hinson, Jones, Knowles, Landrum. Long, Magbee, Maxwell, Ma.
others, McClellan, Moore, Prevatt, Richards, Richburg, Scott, Shine,
Stephens, Summerlin, Taylor of Benton, Taylor of Jefferson, Tan.
ner, Walker, Wilkinson-33.
So Mr. Putnam was declared elected.
On motion he was conducted to the chair by a committee consis-
ting of Messrs. Jones and Blackburn, and addressed the House with
a few appropriate remarks.
The election of chief clerk- being declared in order, Mr. Jones
nominated William B. Lancaster, and Mr. Blackburn nominated J.
B. Keen. The result of the vote was :
FoR KEEN-Messrs. Baisden, Baldwin, Blackburn, Burnham,
Daniel, Devine, Magbee and Taylor of Jefferson-8.
FoR LANCASTER-Mr. Speaker, Messrs. Bannerman, Bryant,
Coleman, Ellis, Fennell, Hinson, Jones, Knowles, Landrum, Lang-
ford, Long, Maxwell, Mathers, McClellan, Moore, Richards, Rich-
burg, Scott, Shine, Stephens, Summerlin, Taylor of Benton, Tanner,
Walker, Wilkinson-26.
So Mr. Lancaster was declared duly elected.
The election of Assistant clerk being declared in order, Mr. Wal-
ker nominated Mr. E. H. Kilby. The result was :
FOR KILBY-Mr. Speaker, Messrs. Baisden, Bannerman, Bryant,
Burnham, Coleman, Daniel, Divine, Ellis, Fennell, Hinson, Jones,
Knowles, Landrum, Langford, Long, Magbee, Maxwell, Mathers,
McClellan, Moore, Prevatt, Richards, Richburg, Scott, Shine, Ste-
phens, Summerlin, Taylor of Benton, Taylor of Jefferson, Tanner,
Walker, Wilkinson-33.
FOR BLANK-Messrs. Baldwin and Blackburn-2.
So Mr. Kilby was declared duly elected.
Mr. Tanner nominated Thomas F. Williams for the office of en-
rolling and engrossing clerk, and the vote was:
For WILLIAns.-Mr. Speaker, Messrs. Baisden, Bannerman,

Bryant, Burnham, Coleman, Daniel, Devine, Ellis, Fennell, Hinson,
Jones, Knowles, Landrum, Langford, Long, Magbee, Maxwell,
Mathers, McClellan, Moore, Prevatt, Richards, Richburg, Scott,
Shine, Stephens, Summerlin, Taylor of Benton, Tanner, Walker,
and Wilkinson-32.
For BLANK.-Messrs. Baldwin, Blackburn, and Taylor of Jeffer-
son-3.
So Mr. Williams was declared duly elected.
Mr. Stephens nominated Mr. Wi. J. Atwater, for the office of
Sergeant-at-Arms, and the vote was-
For ATWATEB.-Mr. Speaker, Messrs. Baisden, Bannerman,
Blackkurn, Bryant, Burnham, Coleman, Daniel, Devine, Ellis, Fen-
nell, Hinson, Jones, Knowles, Landrum, Langford, Long, Magbee,-
Maxwell, Mathers, McClellan, Moore, Prevatt, Richards, Richburg,
Scott, Shine, Stephens, Summerlin, Taylor of Benton, Taylor of Jef-
fferson, Tanner, Walker, Wilkinson-34.
For BLANK.-Mr. Baldwin-1.
So Mr. Atwater was declared duly elected.
Mr., Long nominated Mr. John Williams for the office of Messen-
ger, and Mr. Blackburn nofninated Mr. Foster for the same office.
The vote was- I
For WILLIAMs.-Mr, Speaker, Messrs. Bannerman, Bryant, Fen.
nell, Hinson, Knowles, Landrum, Langford, Long, Maxwell, Mathers,
Moore, Richards, Richburg, Scott, Shine, Stephens, Summerlin,
Tanner, Walker, Wilkinson-21.
For FosTER.-Messrs. Baisden, Baldwin, Blackburn, Burn-
ham, Coleman, Daniel, Devine, Ellis, Magbee, McClelland, Prevatt,
Taylor of Benton, and Taylor of Jefferson-13.
For BLANK.-Mr. Jones-1.
So Mr. Williams was declared duly elected.
Whereupon, on motion, the above named elected officers, Lancas-
ter, Kilby, Thos. Williams, Atwater, and John Williams, were duly
sworn in by the Speaker.
A Committee from the Senate announced the organization of that
body.
On motion of Mr. McClellan, it was ordered that the rules of the
House of Representatives of the last General Assembly be adopted
as the rules of this House, till otherwise directed.
And in pursuance of one of said rules, the above named clerk,
assistant clerk, enrolling and engrossing clerk, sergeant-at.arms, and
messenger, as therein directed, were further sworn by Mr. Cowart,
Justice of the Peace for Gadsden County.
On motion, Messrs. Jones, McClellan, and Richards, were ap-
pointed a committee to inform the Senate of the organization of the
House.
On motion, Messrs. Coleman, Maxwell, and Ellis, were appointed
a joint committee on the part of the House, to act with a similar
committee on the part of the Senate, and inform the Governor of the

6

organization of the General Assembly, and its readiness to proceed
to business.
The following message from the Senate was received and read:
SENATE CHAMBER, Nov. 28, 1848.
To the Hon. Speaker Ho. Reps. :
Sir-Messrs. Moseley, Avery and Watts have been appointed a
committee on the part of the Senate to act with a similar committee
on the part of the House, and wait upon and report to his Excellen-
cy the Governor that the General Assembly is now organized and
ready to proceed to business. Respectfully,
C. W. DOWNING, Sec'y Senate.
On motion, Messrs. Bannerman, Scott, and Bryant, were appoint.
ed a committee to obtain the service of some clergymen, as chap-
lain during the present session.
A message from the Governor and accompanying documents were
received.
Mr. Long moved that the House now go into the election of a
printer; whereupon, Mr. Blackburn offered the following substitute:
Moved that a committee be appointed, whose duty it shall be to re-
ceive proposals for the public printing necessary for this House, and
report as early as practicable.
Upon the adoption of which, the yeas and nays being called, were
as follows:
YEAs.-Messrs. Baisden, Baldwin, Blackburn, Burnham, Coleman'
Daniel, Devine, Ellis, Magbee, McClellan, Prevatt, Taylor of Ben-
ton, and Taylor of Jefferson.-13.
NAYs.-Mr. Speaker, Messrs. Bannerman, Bryant, Fennell, Hin.
son, Jones, Knowles, Landrum, Langford, Long, Maxwell, Mathers,
Moore, Richards, Richburg, Scott, Shine, Stephens, Summerlin, Tan-
ner, Walker, and Wilkinson-22.
So said substitute was lost, and the original motion prevailed.
Mr. Long nominated Joseph Clisby, Esq. as Printer of the House,
and the vote was as follows :
For CLISBY-Mr. Speaker, Messrs. Barinerman, Bryant, Coleman,
Daniel, Ellis, Fennell, Hinson, Jones, Knowles, Landrum, Langfbrd,
Long, Mathers, Maxwell, McClellan, Moore, Richards, Richburg,
Scott, Shine, Stephens, Summerlin, Taylor of Benton, Tanner, Wal-
ker and Wilkinson-27.
Blank-Messrs. Baisden, Baldwin, Blackburn, Burnham, Devine,
Magbee, Prevatt, and Taylor, of Jefferson-8.
And Mr. Clisby was declared duly elected Printer of the House.
On motion, the Governor's message was read, as follows, and one
thousand copies of it and the accompanying documents ordered to be
printed :
Gentlemen of the Senate
and of the House of Representatives :
The duty devolved upon me by the Constitution of addressing you
on subjects of interest and importance to the State, furnishes me an

7

opportunity to congratulate you, and through you the people whom
you represent, upon the continued favors of Providence in behalf of
our common country; and it becomes us to return our hearty thanks
that, of these favors, our State has received a most liberal share.--
The fine health which, for the most part, it has been permitted to our
common constituents to enjoy-the abundant harvests given their
fields as the reward of their honest and patient toil and industry, and
the many evidences of plenty and comfort which surround them, are
favors and blessings not to be lightly esteemed, and for which our
grateful hearts should make a suitable response to the beneficent
giver of such goodly boons. Rightly to acknowledge, as well as
rightly to appreciate them, will be our best guarantee of their future
continuance.
This being the last annual message I shall have the honor to
make to the General Assembly, permit me, with the advantage of
additional observation and experience of the few years during which
I have filled the Executive office, to renew my assurances of confi-
dence in the capacity of the people for self-government, and to ex-
press my increased admiration of the beautiful and harmonious system
of institutions under which we live. In Florida we have not had the
full benefit of that system until recently. While we were a territorial
appendage of the United States, we only half enjoyed its advantages,
and the present year has been the first in which we have had the
opportunity to exercise the double privilege of citizens of the United
States, and also one of its coequal sovereignties. We have now
fully entered upon the career of a free sovereign State, and by our
participating in choosing rulers of the general confederacy, have con-
summated and sealed the ties, by which our destiny is closely bound
up, with the common destiny ofall its members. The interest mani.
fested by the people on account of this new political relation, and the
quiet and orderly manner in which they have discharged the duty
growing out of it, show that they highly appreciate the enlarged
sphere of their action, and the responsibilities connected therewith.
This, together with the successful working of our more immediate do-
mestic government, gives me fresh cause to trust abidingly in the suffi-
ciency of the people for their own government. Not doubting that
you also entertain the sentiments here expressed, and that, as their rep-
resentatives, you will feel the importance of such action, in the sphere
of your department of the Government, as will satisfy their wishes,
and conduce to their prosperity and welfare, I may be permitted to
state, that the Executive, so far as his duty goes in the accomplish-
ment of these objects, will be prepared to co-operate with you in the
discharge of the high responsibilities we owe to our common consti-
tuency.
I avail myself of the present occasion, as an appropriate one, to
glance briefly at the financial history of the Government since its
administration was entrusted to my hands, before I proceed to com-
ment on its present condition. The experiment of taxing a people

8

for the support of a State Government, (who, from the relation in
which they stood to the General Assembly for many years, had been
hitherto exempt from taxation,) was regarded by many as of doubtful
result. It was urged by the opponents of a State Government, with
much plausibility, that the sparseness of our population would neces-
sarily make the burden of taxation more onerous, and that the mis-
takes and inexperience inevitable in a newly organized Government,
would greatly increase the evil and aggravate the popular discontent.
"As it was impossible to estimate with precision, in advance, the ne-
cessary expenses of the Government, when first put in operation, it
was reasonably apprehended that distrust and dissatisfaction would
result from the anticipated deficiency in the first revenue laws, and
that remonstrance would await any proposal for repairing the evil by
adding to the public burdens. The expected insufficiency ofthe first
revenue laws was realized, and the utmost economy of the Execu-
tive officers was inadequate to the task of keeping the necessary pub-
lic disbursements within the limits of the public income. The ine.
vitable result was a necessity for increasing the taxes, riot only to
an extent sufficient to provide for the current expenses, but to liqui.
date the existing debt. This necessity was met by your predeces-
sors with firmness, and the consequent increase of taxation, so far
from provoking discontent, was demanded'by a wholesome public opin-
ion. An avoidance of unnecessary expenditure, by a prudent sys-
tem of economy and a rigid application of the revenues to their pro-
per objects, on the part of the officers of the Government, has been
tern by a generous confidence on the part of the people, and a cheer.
ful acquiescence in the necessity ofinereased taxation. No murmurs
or dissatisfaction have ensued, and I infer, from the regularity of the
returns of the collecting officers, that no inconvenience has hitherto
been felt by the people in paying their assessments.
For a thorough and satisfactory statement of the present condition
of the finances of the State, your attention is respectfully invited to
the very able and interesting reports of the Comptroller and Treasu-
rer, herewith submitted. It may not be improper here to suggest,
that the increasing and highly arduous and responsible duties re-
quired of the Comptroller, would seem to demand additional assis-
tance in the discharge of them, either by allowing him a Clerk or
an increased salary, to be used for that purpose. This is a matter,
however, entirely within the control of the General Assembly. My
conviction of the necessity of such additional aid, has prompted me
to assume the responsibility of recommending it to you.
By reference to the details of those reports, it will be perceived
that the revenues of the State arising from the existing laws, with
some slight modifications, are adequate to the discharge of the cur-
rent and ordinary expenses of the State Government, and will here-
after afford a surplus to be applied to the liquidation of the obligations
of the State, which grew out of the extraordinary expenses incident
to the first establishment of our Government. It is believed that, at

91

the close of the present fiscal year, if our resources are properly hus.
banded, and be not directed, by imprudent legislation, from their legi.
timate application, our young State will have paid all her valid liabili-
ties; and she will then present to the world an example of integrity
of purpose which will be salutary to others and a source of honest
exultation to ourselves. This happy and honorable result must in a
great measure be attributed to the firmness and patriotism of your
predecessors, already alluded to, in a gradual increase of the taxes,
till they were commensurate to the wants of the Government and to
the integrity of their constituents, who submitted without complaint
to, a burden, which was the necessary price of an unblemished na-
tional character. I trust that I may be permitted to use this opportu-
nity to urge upon you a determined perseverance in this wise and
elevated policy. When we have once discharged the public debt,
and have only to provide for the annual expenses of the Government,
an adherence to this policy will be as easy to us as it will be credita-
ble. But, if we are once tempted by temporizing considerations-
by the fear of giving offence to the disaffected, or by the threats of
disorganizing demagogues-to cut down the public revenues below
the standard of the necessary supplies of the Government, we shall,
soon become involved in perplexities, in subterfuges, in embarrass-
ments, that must bring discredit, and may bring disgrace, upon the
State; and which, after all, can only be removed by an assumption
of the very burdens we had sought to escape. It would be doing in-
justice to my own sentiments, as well as to the people of Florida, not
to avow my confident and mature belief, that in the policy which I
have indicated, you would be sustained, by the cordial concurrence
of y6ur constituents. A legislator cannot adopt a standard of politi-
cal'integrity too high, to be approved by the people; and that man
is most secure of their approbation, as a public servant, whose mo-
tives and purposes are the most honest. To believe otherwise,
would be to cast reproach upon the popular institutions under which
we live, and would be at variance with the observations and experi-
ence of my whole life.
As the population of the State increases, and the resources with
which a beneficent Providence has blessed us are developed, the
burden of taxation, which even now is far from being onerous, will
be more and more alleviated, and A9en the public debt is discharged,
you will have it in your power, with little, if any, additional taxation,
to provide for some measures of public policy-the want of which
is felt and acknowledged by all-though a just and laudable desire to
extinguish the State liabilities, before incurring new expenses, has
made us hitherto consent to submit to the continued privation of
them.
.Among the many more immediately pressing wants of the people
-of the State, seems to me to be a separate Supreme Court and a
separate Chancery Court. The tribunal, whose province it is to
settle. fundamentally the laws under which we live, should be so con.
2

10

stituted as to ensure the highest degree of ability and efficiency
which the means at our command will enable us to give to it. The
"twenty years' lucubrations" which two centuries past, were neces-
sary to make a good lawyer, are not less necessary now, when the
science of jurisprudence has become complicated and extended by
the labors and decisions of an infinite number of writers and Judges;
and it is not doing justice to the Judges of our highest Appellate
Court, nor to ourselves, not to afford them that leisure, which is an
essential element of success in their effort to discharge their respon-
sible duties. I need not enlarge upon the obvious truth, that the
Judges who have to ride the extensive and laborious Circuits of this
State, cannot have the leisure which is necessary to enable them to
discharge satisfactorily the duties required of them as appellate Judges,
nor, upon the disadvantage which the appellate Court, as now con-
stituted, is subjected, from having to hasten through their labors
within a stated time, in order to release its members, that they may
resume their Circuit labors. It has been found in practice, too, that
the constitutional provision which disqualifies a Circuit Judge from
setting on an appeal-where he had made the final decision in the
Coprt below, is often inconvenient, and sometimes operates as a total
denial of justice.
In my last annual message I gave my views at length on the sub-
ject of a separate Court of Chancery. I do not propose repeating
them here, further than to say, that they remain unchanged--or
rather have become more clear and decided from subsequent obser-
vation and reflection. The greater practical acquaintance of some
of the members of the General Assembly with this subject than I
possess, may suggest some plan by,which an Appellate Court and a
Chancery Court may be united in the same individuals, without
essentially impairing the value and efficiency of either tribunal, and
thereby diminishing the expense.
I. cannot leave this subject without respectfully, but more firmly,
avowing my unalterable conviction, that it is just and right to restore
to the people the privilege of selecting, by a direct popular vote, all
their Judicial officers. I would not be deemed guilty of undue im-
portunity, nor do I design enl:arging upon this subject, but I could not,
in consistency, suffer this last opportunity to pass, without making
another effort to excite public attention to this striking anomaly in our
institutions-this humiliating, admission of the incapacity of the
people for self-government. We are justly proud of the privilege of
selecting those who make the laws under which we live, and yet,
with a strange inconsistency, we fear to trust ourselves with the se.
election of those who interpret and administer those laws.
I trust the General Assembly, if they deem it proper to reorganize
our Judicial system by adopting the suggestions I have made on the
subjects of a Supreme and a Chancery Court, or by the adoption oi
some better devised system, will not lose sight of the inconsistency tc

11

which I have adverted, but will do justice to the people and to the
,principles which we profess.
The attention of the General Assembly has heretofore been given
with much fidelity to the interests of education, and to the proper
means of securing and preserving the fund which the munificence of
the General Government has furnished us for that purpose. In re-
gard to information in connection with that fund, as well as that of
Internal Improvement, I refer you to the highly interesting report of
-the Register, herewith submitted. It will not, I am confident, fail to
commend itself to the attentive consideration of the people's repre-
sentatives. Of all the grants, or donations, made by the Federal
Government to Florida, I deem that the most important, in reference
to its object, which was intended for Common Schools. But let it
not be inferred from this remark, that I undervalue Internal Improve-
ments, which one of those donations was designed to promote, or the
highest grades of scholastic education, which were contemplated by
the grant for two Universities" or Seminaries of Learning."
It is unnecessary to argue the paramount importance of education,
especially in a country where the people are sovereign. The sta-
bility of free institutions, and fidelity and purity in the administration
of government, depend upon general enlightenment. It is neither
possible or necessary to qualify, by any system of education, all men
equally, to discharge the duties of statesmen ; but it is practicable, and
,it is vitally important, to diffuse among the great mass of the people
such a degree of intelligence as may enable them to discriminate
between aspirants for high offices-to make their selections with
judginent-to discern and appreciate ability, skill, and faithfulness.
and to detect imbecility, imposture, and corruption. Hence, and for
other obvious reasons, Common Schools," which are designed to
bring instruction to every man's door, are considered of more impor-
tance than one or two Universities or Seminaries of Learning,"
which would be accessible but to, comparatively, a very few. And
hence, I again earnestly commend to the deliberations of the Gene-
ral Assembly, the whole subject of education-embracing not only
such measures as may be deemed expedient to render available the
means already within the control of the State, but likewise such as
may seem calculated to enlarge those means, and to accomplish the
great purpose to its highest practicable extent. The assiduity with
which the last General Assembly attempted to digest a system of
Common Schools, is an earnest of the deep interest'that is felt, and
which will, it is hoped, result in some definite and judicious action ii
regard to this subject. To the collective intelligence and patriotism
of your bodies, I must leave this branch of a matter, involved in so
many difficulties, that I confess my inability to make any suggestions
which my judgment could entirely approve.
But in regard to the disposition of the lands granted for Common
Schools, and to the mode of appropriating the proceeds, should they
be sold, (which I again recommend, if Congress will consent,) I will

'12

venture to propose, for your consideration, the expediency of consoli-
dating them-not according to the arbitrary boundaries of townships,
but according to the wants of the people-under some judicious rule
of apportionment, to be modified from time to time, to suit the
changing condition of the population. For, unless some such mode
be adopted, it is evident that the beneficent intention of the donors
will be, in a great measure, defeated. As whilst it happens, from
the nature of the country, that in some townships there are valuable
sixteenth sections and but very few inhabitants, there are other town-
ships with a numerous population, where the same sections are utter-
ly worthless.
In my last annual message I recommended that provision should.
be made by a pre-emption law, for the relief of settlers on State
lands. At that time my sole object, as expressed, was to prevent
detriment to settlers who were unapprized at the time of their settling
to whom the land belonged, and who made locations with the hope
of holding them under the Act of Congress. The General Assem-
bly passed a law, in accordance with my recommendation, and I am
highly gratified to learn from the State Register, that the act not
only fulfilled its immediate design, but by its operations enabled the
State to secure much land that might otherwise have been unattaina-
ble, and to find a ready sale for some of it. It will be seen, that the
Register in his report recommends a more liberal view of pre-emp-
tion; in whose views upon this, as well as upon the other subjects
therein suggested, I entirely and most heartily concur.
"In conformity with a resolution of the last General Assembly, the
Senators and Representative of Florida in Congress, made an effort
to procure from the United States the cession of a large tract of
country, situate in the Southern end of the Peninsula, and including
that portion of it known as the Everglades." I transmit herewith
a document showing what action was had on this subject by Con-
gress, and embodying the opinions of a number of gentlemen of dis-
tinction in regard to the practicability of draining that region, (now
useless,) and converting it into fertile fields adapted to the growth of
tropical plants and fruits. Without intending to express an opinion
upon the policy of embarking in this undertaking, with the limited
resources of the State, I submit it to the intelligence and patriot-
ism of the General Assembly, with the conviction that you will give
it the consideration it so eminently demands.
You have herewith submitted, also, an interesting communication
from the Surveyor General, (Col. Butler,) for such consideration as
its importance may seem to demand. It is the project of a railroad
from Lake George, near the head of the St. John's river, in East
Florida, to the Gulf of Mexico, at a terminus therein designated.
I herewith transmit the reports of the Attorney General as well
as those of the Adjutant and Quartermaster Generals. These sev-
eral reports are made and submitted in conformity to our laws, and
are highly interesting and valuable public documents. They are.

18

presented for examination, as containing the most accurate infornma.
tion in regard to the condition of the departments to which they re-
spectively relate.
Upon the subject of the Northern boundary line of this State, I
have the pleasure to inform you that the agreement between the
Commissioners of Alabama and Florida, which was ratified on our
part by act of the last General Assembly, approved January 6, 1848,
has also been ratified by the State of Alabama ; and that, upon being
furnished with the evidence of such ratification, I caused the procla-
mation, giving notice of the final settlement of the question and of
the line established by the parties, required in the third section of
the act referred to, to be made in all the newspapers of the State.
Thus the question of boundary between-this State and her respected
sister, Alabama, is finally determined. The line is fixed, and will
be henceforth known without difficulty. The amicable spirit with
which we were met in the negotiation of this long.pending question,
and its adjustment upon fair and satisfactory terms, have given me a
high degree of pleasure, which I have taken occasion to express to
His Excellency the Governor of Alabama, and in which, I doubt not,
your own feelings will fully participate. It is matter of congratula-
tion to our common constituency, especially to that portion in the
Western, part of the State, that they will not longer be troubled
with the inconvenience and vexations of an undefined and uncertain
boundary, as between Alabama and Florida.
But it is to be regretted that I cannot report the same favorable
result in reference to the line between this State and Georgia. In
my last annual message, the matter was submitted to the General
Assembly for its consideration and action, but nothing was done or
advised in relation to it. Under these circumstances, I have not felt
authorized to make, or accede to any proposition upon the subject.
It is again respectfully brought to your notice, and with the earnest
desire that such steps may be taken or advised, as will enable the
parties to arrive at some speedy and satisfactory settlement of the
dispute. The importance and necessity of such a settlement, are so
apparent, and will be so readily seen by you, that I need not enu-
merate the urgent reasons which require that some definite action
should be had.
A brief statement of the position of the question may be of service
to you. It stands thus : By authority of an act of the General As-
sembly, I appointed Commissioners in 1846, to act on behalf of this
State, with similar Commissioners on the part of Georgia, in nego-
tiating and settling the proper line. These Commissioners met, but
were unable to effect anything. From the correspondence that
passed between them, (which will be furnished to you, if desired,) it
seems that Georgia is unwilling to admit that the line has been desig.
nated and fixed, according to the terms of the treaty of 1795, between
the United States and Spain; whereas Florida claims that it was so
fixed by the proper authorities, and that all which now remains to be

14

done, is to mark the line from one terminus to the other. Georgia
desires that the head of the St. Mary's river be first ascertained, and
that then the line be run from that point to the point agreed upon in
the West; whereas Florida contends that Ellicott, Commissioner for
the United States, and Minor, Commissioner for Spain, by virtue of
their appointment under the treaty above mentioned, fixed the East-
ern terminus at a point North 45 deg. East 640 perches from the
mound (B,) known as Ellicott's mound, and that by their agreement
and its confirmation by all who were interested in its location, the
true line runs from that point straight to the junction of the Flint and
Chattahoochie rivers. There were propositions made by Georgia,
in an effort to compromise the matter, which somewhat varied this
case, but, not having been accepted, they were withdrawn, and need
not here be stated.
In this state of the case, (the negotiation having been closed with.
out effecting the desired result, and nothing farther having been done
or proposed on our part,) the last General Assembly of Georgia
adopted a report and resolution, which I herewith transmit, accom-
panied by a letter on that subject from his Excellency, the Governor
of that State, in which it is proposed (upon certain agreed terms,) to
submit the question to the Supreme Court of the United States. Not
deeming myself authorized to act further in the premises, I submit
the proposition to your consideration, simply remarking, that I know
of no better method to settle this controversy than that which is there
suggested, and that if you approve the course proposed, it would be
well to vest the Executive with such discretion in tho matter as will
enable him to conduct the case with good reasonable certainty of its
speedy determination.
In assenting to the expediency of the proposed tribunal for settling
this controversy, I do not design to be understood as concurring with
the report referred to, as to any precise questions therein mentioned,
to be submitted. That is a matter for your direction, or else for the
future consideration of the Executive, under the discretion you may
allow him.
Your attention is particularly requested to the boundary question,
and it is hoped your action will open the way for its final adjustment,
upon terms satisfactory to both parties, and in a time and way which
will be for their mutual benefit.
Among the variety of subjects which suggest themselves to me,
our Indian relations are not the-least material; and I respectfully pre-
sent them to the consideration of the General Assembly. On the
9th of May, 1832, Col. Gadsden concluded a treaty at Payne's Land-
ing, with several of the head Chiefs of the Seminole nation, by which
they agreed to remove west of the Mississippi river. In that treaty
there were several conditions preliminary to removal, which were
subsequently complied with by a Commissioner appointed on the part
of the United States and a delegation of the Chiefs of the Seminoles.
But after much delay and many abortive attempts to effect their re.

15

moval, the Indians finally took up arms in 1835, and continued a guer-
rilla war until 1842, when Col. Worth succeeded in obtaining a ces-
sation of hostilities. The stipulations of the treaty remain to be com-
plied with by the Seminoles; and by the General Order of Colonel
Worth, declaring hostilities to have ceased, they were assigned plant-
ing and hunting grounds "temporarily" merely. From this position
of the case, it is presumed the General Government designs to enforce
the provisions of the treaty-" peaceably if it can, forcibly if it must."
To obtain a speedy as well as peaceable removal of this remnant
of that once powerful tribe, is doubtless the anxious desire of the peo-
ple of this State; and you are called upon to determine as to the means
most likely to effect results so desirable. They have not-at least all,
of them have not-confined themselves within their prescribed limits.
Their frequent excursions into the neighboring country, sometimes a
hundred miles within the settlements, occasion much fear and suspi-
cion among the whites. And the occasional disappearance of stock
belonging to the latter, is immediately, and may be properly, attribu-
ted to roving bands of Indians. If such be facts, unless they are re.
moved or restrained within their appointed precincts, we have no gua.
ranty that another bloody war may not be begun at any moment.-
We have abundant reason to fear that through some indiscretion of
one party or the other, hostilities may be renewed. These, in my
judgment, are urgent reasons for calling the prompt attention of the
authorities at Washington to the subject, and would seem to be suffi.
cient motives to impel them to act upon it without delay.
Any measure, however, which shall be adopted with the view of.
inducing the Indians to migrate, may terminate in war; and hence,
before any steps are taken towards negotiation, a large and efficient
military force should be thrown upon the line, dividing the white set-
tlements and the Indian reservation. This should be a forceadequate
to the protection of our citizens, and to the intimidation of the sav-
ages so far, if possible, as to secure their peaceable removal. And;.
should the General Government not immediately attend to our urgent
request tor their removal, it is believed such a force is now demand-
ed to restrain the Indians within their prescribed boundary and from
all acts of violence, and to afford quiet to the alarms of our citizens
and security to their property.
Information has been recently received at this department, from a
reliable source, of the number of Indians still remaining in our State;
There are supposed to be as many asnine hundred of all conditions,
ages and sexes. Of this number, one hundred and fifty, at least, are
capable of bearing arms and doing efficient service. Although this
is a small band, as to numbers, the Indian. mode of warfare invests
it with adequate power to desolate our frontier settlements. For, it
will be remembered, much of the damage of the late bloody war,
even in the heart of the country, and when our forces were actively
engaged in the field, was done by marauding parties of twenty-five or
thirty Indians. And this fact may be taken as conclusive evidence of

16

the entire defencelessness of the sparse white population adjacent'to
the Indian reservation."
At the late session of the General Assembly, your immediate pre.
decessors, acting in convention, proposed and adopted sundry amend,
ments to the Constitution, in connection with the Judiciary of the
Circuit Courts. If the amendments, thus adopted, shall have been
published in conformity to the provisions of the Constitution and a
Resolution of the last General Assembly, it will be incumbent upon
you to amend, reject or adopt them; in which last event they become
the fundamental law of the land.
A communication from the Hon. D. L. Yulee, accompanied by an
extract of a letter from the Hon. R. M. Saunders, our resident Min.
ister at the Court of Madrid, has been received by me; and as it
relates to a subject of interest to the people of this State, I have
thought it my duty to lay it before you. There can be no doubt that
the information which General Saunders offers to be the medium of
procuring, will be valuable and interesting ; but whether the State is
at present in a condition to encounter the necessary expense, can be.
better determined by you than by me.
Since the last meeting of the General Assembly, the blessings of
peace have been restored to our beloved country by an honorable
and advantageous treaty with Mexico. A war into which we had
been driven for the protection of our national honor; and which,
after much forbearance on the- part of our Government, had been
precipitated by the actual hostile invasion of our territory, was con-
ducted for two years, with a degree of skill and success unparallel-
led in our history, and, rarely equalled in the annals of the world.
Many battles were fought within that period, almost all of them within
the heart of the enemy's country, and all with a vast numerical infe-
riority on our part. The uniform triumph in every conflict, and the
final result, which placed Mexico at our feet, have established the
character of the American soldier as equal to the accomplishment of
any duty which the honor and interest of our country may demand.
Hitherto, our form of Government has been regarded as adequate to
the promotion of our national welfare in times of peace, but fears
have been entertained, even by its friends, that it would prove inef.
ficient and defective in the more trying exigencies of war; but all
such apprehensions are now forever dissipated, and our national
character has been vastly elevated in the opinion of the world. The
acquisition of New Mexico and California has added a new Empire
to our territorial limits, and enlarged, to a vast extent, the area des-
tined to share with us in the blessings of liberty and civilization.
The pursuits of peace were not suffered to languish at home, while
our arms were thus triumphant abroad. At no former period have
our finances been preserved in a more prosperous condition; and all
over our favored country the efforts of labor and enterprise have been
crowned with the most abundant success. While carrying on with
vigor and success the war with Mexico, so overflowing was our do.

17

-mestic prosperity, that the starving millions of Europe were fed out
,of our abundance; and so lofty is the elevation which our national
character and condition have attained, that the regenerated nations
of the old world, having broken their fetters, turn to us as their best
guide to the enjoyment of rational and enlightened liberty. Without
intending to doubt the sincerity of those who entertain different
views, I maybe permitted to say, I believe all these gratifying re-
sults, (under the direction of Providence,) to be the legitimate fruits
of the principles upon which the present national administration
came into power; and of the firm, intelligent, and patriotic adherence
to those principles, which has so eminently distinguished the present
Executive of our proud Republic.
But amid the congratulations which I could not repress as to the
prosperous condition of our beloved country, I cannot consider my
duty as wholly performed, if I were to omit an allusion to the threat-
ening aspect of the clouds now lowering over our Southern horizon,
enveloping in darkness the future destiny of our glorious confederacy.
The omens are portentous that a systematic and incendiary assault
upon the peculiar institutions of the South will soon be made, with a
determination and strength which can no longer be regarded with
contempt. A party is arrayed at the North as the free soil' party,
formidable for its numbers and the ability of its leaders. The ob-
jects and designs of this party are boldly avowed, and will doubtless
be prosecuted with zealous industry. I have no fears that when the
issue is distinctly presented, the South will be united in its resistance
to this wanton aggression on its rights; and that all the differences
of opinion, upon questions of less vital importance, will be merged
in its determination not to submit to an outrage, (which, from the
nature of our relations, as co-equal members of the same great
family of States,) is as insulting as it was unprovoked. But the time
is, perhaps, at hand, when it becomes us as a State, deeply interested
in the preservation of the rights of the slaveholder, to announce our
opinions and feelings upon this momentous subject.
The adoption by Congress.of the so called "Wilmot proviso," as
a general rule for all newly acquired territory, and the submission to
it by the Southern States, would reduce us to a condition of political
inequality with the Northern States, wholly inconsistent with the ob-
jects of the Federal Union, as well as with our rights as one of the
sovereign parties to that compact. Inequality of political rights im-
plies inferiority, and can never be submitted to as long as we retain
the power to be free, and that rightful appreciation of liberty, which
is the richest jewel in our heritage as Americans."
To preserve the Union, so dear to us, the South has hitherto sub
mitted to much; and, I doubt not, is ready to submit to much more,
when the sacrifice involves any thing short of national degradation.
But every American, who appreciates as he ought his privileges and
,duties as such, cherishes in the deepest recesses of his heart, an un-
3

18

dying devotion to something dearer to him even than the Union,
which he so much loves.
I shall have no opportunity of again addressing, thus formally, the
representatives of the people of Florida, before my retirement into
private life, upon the expiration of the term for which I was elected.
I therefore embrace this occasion to renew my grateful acknowledg-
ments to my fellow-citizens for that confidence which called me to the
Executive chair, and for the uniform and generous support which has
sustained me in the arduous and responsible duties of my office.
I am conscious of many imperfections, but want of integrity of pur-
pose, and of a sincere and ardent devotion to the best interests of the
people of Florida, are not among them. To the extent of my hum-
ble abilities, I have labored to promote their welfare; and I am de-
voutly grateful that the indications of general prosperity which I see
around me, and the obviously improved condition of the State for the
last four years, prove that our efforts have not been altogether in vain.
I shall return to the walks of private life with renewed devotion to
my adopted State, and with fervent prayers that the liberties and bless-
ings, which a kind Providence has so lavishly bestowed upon us,
may be perpetual. W. D. MOSELEY.
Executive Department, November 28, 1848.
On motion, the House adjourned until,10 o'clock to-morrow.

WEDNESDAY, November 29, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
The journal of yesterday was read, amended, and approved.
Mr. President announcedthe following:
STANDING COMMITTEES OF THE HOUSE.

Committee on Judiciary.
Messrs. WALKER,
STEPHENS,
LANDRUJM,
TANNER,
BRYANT,
COLEMAN,
MAGBEE.
Committee on Militia.
Messrs. MAXWELL,
SCOTT,
LANGFORD,
DIVINE,
DANIEL.

Committee on Agriculture.
Messrs. BLACKBURN,
HINsoN,
ELLIS,
BAISDEN,
SCOTT,
SUEMERLIN,
MATHERS.
Committee on Enrolled Bills.
Messrs. COLEMAN,
MAXWELL,
LANDRUM,
DIVINE,
MOORE,

19

Committee on Schools 4f Colleges. Committee on Elections.
Messrs. TANNER, Messrs. MCCLELLAN,
STEPHENS, PREVATT,
WALKER, BURNHAM,
COLEMAN, BLACKBURN,
PREVATT, BALDWIN,
SCOTT, Committee on Propositions and
TAYLOR of Jefferson. Grievances.
Committee on Claims. Messrs. LONG,
Messrs. JONES, KNOWLES,
WILKINSON, TAYLOR of Benton.
SHINE, RICHBURG,
PREVATT, RICHARDS,
McCLELLAN. FENNELL.
committeee on Finance and Public
Accounts.
Messrs. BRYANT,
MOORE,
BALDWIN.
BANNERMAN,
COLEMAN,
On motion, Messrs. Long, Stephens, and Coleman, were appointed
Committee to draft rules for the House.
Mr. Baldwin gave notice that he will, on some future day, intro-
luce a bill regulating the pilot laws of this State ; also, a bill to es-
ablish a Chamber of Commerce at Key West.
The following communication was read, and the Clerk instructed
o return the thanks of the House for the invitation therein conveyed.
PRESBYTERIAN CHURCH, TALLAHASSEE,
November 28, 1848.
To the Hon. the Speaker and Members of the Ho. of Reps. of Fla.:
GENTLEMEN : The Pastor and Session of this Church inform your
honorable body that their house will be open for public worship on
thanksgiving Day, and on Sunday mornings and evenings through
:he winter, with ample accommodation for strangers, and respectfully
invite you to unite with them.
JNO. H. RICE, Pastor, d4c.
JOHN G. GAMBLE,
J. B. BULL,
D. C. WILSON, Session.
J. J. MAXWELL,
B. F. WHITNER,
Mr. Ellis presented the following memorial, which was read, and
referred to the Committee on Elections :
To the Honorable the House of Representatives of the State of
Florida:
The memorial of Michael W. McLeary respectfully showeth unto

20

your honorable body : That at the late election for members of the
General Assembly, he, among others, was a candidate for a seat in
the House of Representatives from the County of Madison.
After a canvass of the returns from the various precincts in the
said county by the proper officer, Thomas Langford and John Cole-
man, Esq's, were declared duly elected Representatives from said
county, and certificates of such election issued to them, as the law
directs. The majority for the said John Coleman over and above
the vote of your memorialist, according to the precinct returns, being
only one vote.
Your memorialist would further state, that having reason to believe
he received a majority of the votes of the qualified electors of said
county, he deemed it a duty he owed to himself and the citizens of
the county of Madison atfresaid, to contest the election of the said
John Coleman, Esq., and leave to an impartial tribunal to decide
whether he, your memorialist, or the said John Coleman, Esq., was
entitled of right to a seat in your honorable body, as Representative
from said County of Madison. Accordingly your memorialist took
such steps in the procurement of evidence as, in his opinion, would,
and does, establish beyond contradiction his right to the seat as mem-
ber of the IHouse of Representatives elect from Madison County, in
the pince and stead of the said John Coleman, Esq. This evidence
is sent herewith, and upon examination, will be found to establish, as
your memorialist believes, his right to the seat.
Your honorable body will perceive, that by some means, unknown
to your memorialist, one vote given for him was abstracted from the
box at the precinct known as Hingson's. This fact of itself is of
such a character as, in the opinion of your memorialist, should vitiate
the entire return from that precinct, being such a badge of fraud as
to deprive the return from that precinct of all consideration and
validity in the judgment of your honorable body.
If, however, your memorialist is wrong or misinformed as to the
consequences of such misconduct at an election precinct, it will be
perceived that the returns ifom the said Hingson's precinct give him
but four votes, when the accompanying testimony shows conclusively
he was entitled to five. This additional vote put to those returned for
your memorialist would make his vote the same as that of the said
John Coleman, Esq., as he does not conceive the qualifications of
Capt. Jack Smith as a voter impeached by the testimony.
The testimony of Silas Coker as to his age is of such a contradic-
tory character as to leave no doubt upon your minds as to its intrin-
sic merits. His first examination doubtless reveals the truth.
Elijah Tucker, one of the voters at said election, stands convicted
before the country of an infamous crime," and is, therefore, not en-
titled to vote.
The testimony of Ebenezer Curry needs no comment. It must
leave the same impression upon every unbiassed mind.
Your memorialist, under all the circumstances, cannot doubt but

21

that that measure of justice will be meted to him which the intrinsic
merits of his case would seem to demand at the hands of your hon-
orable body, and with full assurance to this effect he prays your hon-
orable body to make such decision as the interest of the county may
require. And, as in duty bound, he will ever pray, &c.
M. W. McLEARY.
The following report was read, and concurred in, to wit:
The committee appointed to obtain the services of some clergyman
as chaplain during the present session, report:
That they have secured Rev. Mr. Neill, who will attend to-morrow
morning, upon the opening of the House.
CHARLES BANNERMAN,
JOHN SCOTT, Committee.
J. W. BRYANT,
Mr. Taylor, of Jefferson, obtained leave of absence until Monday
next.
On motion, the House then adjourned until Friday next, 10 o'clock,
A. M.

FRIDAY, December 1st, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
Atter prayer by the Rev. Mr. Neill, the journal of Wednesday last
was read, amended and approved.
On motion, Messrs. Walker, Stephens, and Baisden were appoint-
ed a committee to obtain from the Secretary of State the returns of
votes in the last Governor's election.
On motion of Mr. Walker, the use of the apartment occupied by
the House of Representatives was granted to Mr. Hurt for evening
lectures.
Mr. Jones gave notice that he will, on some future day, ask leave
to introduce a bill to require the several counties in this State to levy
a tax for the purpose of paying the Jurors and Grand Jurors in their
respective counties.
Mr. Baldwin moved that such portions of the Governor's message
as refer to the Judiciary, to Militia claims, Finance and Public Ac-
counts and Agriculture, be referred to the appropriate Standing Com-
mittees under those heads, and that so much as refers to school lands
be referred to the committee on Schools and Colleges. Which was
carried.
Mr. Scott gave notice that he will, on some future day, introduce a
bill for the relief of occupying claimants to lands.
On motion, Mr. John Waterston, having presented the evidence of
his election as member from Levy county to the House of Represent-
atives, was sworn in by W. C. Maloney, a Justice of the Peace for
Monroe county.
Mr. Magbee gave notice that he, on some future day, will intro-

22

duce a bill respecting weights and measures; also, a bill providing
for recording the marks and brands of cattle shipped from the State
of Florida.
Mr. Summerlin gave notice that he will, on some future day, ask
leave to introduce a bill to change the Constitution of this State, to
elect Judges of Probate by the people.
Mr. Taylor, of Benton, gave notice that he will, on some future
day, ask leave to introduce a bill to locate permanently the county
site of Benton County, and for other purposes.
Mr. Bryant gave notice that, on some future day, he will introdnce
a bill to amend an act entitled an act to amend an act respecting the
pilotage of St. Johns Bar.
Mr. Tanner moved that a committee be appointed to invite the Sen-
ate to attend in the Representative Hall at any hour that may suit
their convenience, while the Speaker shall proceed to canvass the
votes for Governor. Which prevailed, and Messrs. Tanner, Scott
and Coleman were appointed said committee.
On motion of Mr. Bryant, it was ordered,
That a copy. of Thompson's Digest of the laws of the State of
Florida, be obtained and furnished to the Chairman of each Standing
Committee of the House; and, also, a copy for the use of the House
generally.
On motion of Mr. Long it was ordered,
That the Chief Clerk furnish each member of the House, upon
his written requisition, such stationery as he may require.
The following message from the Senate was read:
SENATE CHAMBER, Nov. 29, 1848.
To the Hon. SPEAKER of the House of Representatives:
Sir:-Messrs. Sanderson, Forward, and Crawford, have been ap-
pointed a Committee on the part of the Senate, to act with a simi-
lar committee of the House, relative to the number of documents, &c.
to be printed for the use of the General Assembly.
Respectfully, C. W. DOWNING, Secretary of Senate.
And, on motion, Messrs. Waterston, Bryant and Blackburn were
appointed a similar committee on the part of the House.
A communication on the subject of international exchanges, was
received and referred to the committee on Finance and Public Ac-
counts.
A committee from the Senate announced that that body would soon
be ready to attend the canvassing of votes for Governor.
Mr. Speaker announced the following standing committee:
Committee on Internal Improvements.-Messrs. Scott, Waterston,
Landrum, Blackburn, Daniel.
The following message was read:
SENATE CHAMBER, Dec. 1, 1848.
Hon. SPEAKER Iouse of Representatives:
Sir :-Messrs. Avery, White, and Forward, have been appointed

23

a committee,to act with a similar committee on the part of the
House, to draft rules for the government of the two Houses.
Respectfully, C. W. DOWNING, Secretary Senate.
The Senate having entered and occupied the seats prepared, Mr.
Speaker proceeded to open and publish in presence of both Houses
of the General Assembly the returns of election for Governor, as fur-
nished by the Secretary of State.
After a careful canvass of all the returns, Mr. Speaker announced
the result of the vote to be as follows: For THoMAs BROWN, the
number of 3,801, for WILLIAM BAILEY, the number of 3,354, and
for W. P. DUVAL, 15 votes; whereupon he declared that Mr. Brown
had received he highest number of votes.
Whereupon the Senate retired to their own chamber.
On motion, it was ordered that the returns of votes aforesaid be
placed in the office of Secretary of State for safe keeping.
On motion, Messrs. Walker, Bryant, and Daniel, were appointed
a joint committee on the part of the House, to act with another from
the Senate, and inform His Excellency the Governor of the result of
the last vote for Governor; also, Messrs. Scott, Long, and Magbee
a joint committee, to act with a similar one from the Senate, and in-
form Gen. THos. BROWN of the same result.
On motion, the House adjourned until 10 o'clock to-morrow.

SATURDAY, December 2d, 1848.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by the Rev. Mr. Neill, the journal of yesterday was
read, amended and approved.
Mr. Coleman gave notice that he will, at some future day, ask leave
to introduce a bill to be entitled An act to establish a system of pri.
mary schools in this State, and for other purposes.
Also, that he will, at some future day, ask leave to introduce a bill
to be entitled An act concerning the office duties and liabilities of
Sheriffs.
Mr. Ellis gave notice that he will, on some future day, ask leave
to introduce a bill to change the tenure of the Register of the Land Of-
fice so as to make it conform to the Constitution as amended.
Mr. Fennell gave notice that he will, at some future day, ask leave
to introduce a bill to reduce the tax upon all retailers of spirituous or
vinous liquors in quantities less than one quart.
Mr. Baldwin offered a Resolution relative to the examination of
the offices of State."
Which was read and ordered for a second reading on Monday next.
The following report was read and concurred in:
The Committee on Elections, to whom was referred the memorial of
Michael W. McCleary, of Madison County, contesting the seat in
this General Assembly of John Coleman, ask leave to report:

"24

That they have had the same under consideration, and though
they find some irregularity was practiced in conducting the election
at one of the precincts, (Hingson's,) yet they do not feel that justice
would be done the voters at said precinct by throwing away the en-
tire vote, as is contended by the contestant we ought, because the
managers did count out the votes (or a part of them) before the polls
were closed, as appears they did by the testimony of Mr. Street, one
of the managers, (see testimony No. 1.) It further appears in evi.
dence that five individuals did vote at that precinct for Mr. McLeary,
and yet only four votes were returned by the managers for him, as
will be seen by a reference to the Poll Book. Your committee are
unwilling to undertake to say how this discrepancy occurred; but to
admit that Mr. McCleary did get the five votes, it only makes a tie,
(see testimony No. 2.) It is further contended that Silas Coker,
who voted for Mr. Coleman, was not of age sufficient to constitute
him a legal voter, and his own testimony is offered in proof of this
fact, and does show at least some want of prudence, but not that he
was without qualification ; for at first he says he won't swear he was
of age, but thinks he was twenty in February last ; and on a second
examination, says, according to the information derived from his
mother and other sources, he was of age previous to the election in
October last.
The vote of Ebenezer Curry is also claimed to be illegal, on the
ground that he has not been a citizen of Florida for twelve months
next preceding the day of election, and the affidavit of Savage Strick-
land is adduced to prove the voter had said previously, 'he did not
consider himself citizen of Florida, or indeed of the United States ;'
but the voter swears himself positively, he was and had been a citi-
zen of Florida twelve months, and the last six months a citizen of
Madison County, (see testimony No. 3.)
Lastly, contestant objects to the vote of Elijah Tucker, for the
reason that he had been convicted of an infamous crime, (manslaugh-
ter, see testimony No. 4.) Your committee are not aware of any law
that defines what an infamous crime is as contemplated by the Con-
stitution or law, to deprive a man of the right of suffrage, and conse-
quently cannot say whether or not this vote was legal ; but are of
opinion it was. This opinion is greatly strengthened by the fact,
that the law does not disqualify a man convicted of manslaughter of
being a competent witness in our courts.
Mr. Coleman offers the testimony of John G. Kirby, to show
that Capt. Jack Smith, who he contends (and it is not denied) voted
for contestant, was not a citizen of Madison County six months next
preceding the day of election, and this affiant declares unequivocally,
(testimony 5.)
With these facts, your committee cannot consider the result of elec-
tion as declared by the Probate Judge at all changed, as no evi-
dence is offered that sets aside (in our opinion) any vote, except that
of Capt Jack Smith; and giving contestant the benefit of the vote at

25

Hingson's precinct, for which he contends, leaves the result precise.
ly as before, giving Mr. Coleman a majority of one vote.
All of which is most respectfully submitted.
GEO. E. McCLELLAN,
E. E. BLACKBURN,
JNO. P. BALDWIN, Committee.
M. O. BURNHAM,
THOSE. J. PREVATT, J
The following message from the Governor was read:
EXECUTIVE DEPARTMENT, Tallahassee, Dec. 2, 1848.
Gentlemen of the Senate and of the House of Representatives:
You have herewith enclosed a copy of a communication from the
Commandant at Fort Brooke, in relation to the recent disturbances
that have occurred between some of the Indians and citizens of our
State in that vicinity. It does not appear from this communication
that this disturbance is of a serious nature ; nevertheless, it is deem-
ed important that the subject should be properly investigated, and the
evil, if any, be removed, to the end that if hostilities should again un-
fortunately commence, our fellow-citizens may not be chargeable as
the aggressors. Very respectfully,
"W. D. MOSELEY.
The following report was read and concurred in:
Mr. Long, from the committee appointed to draft rules for the gov-
ernment of the House of Representatives, reports the rules of last
session, amended to read as follows:
RULE 1. The Speaker shall take the Chair every day, precisely
at the hour to which the House shall have adjourned on the 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
shall 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.
7. When a member shall be called to order, he shall sit down
4

26

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 member
may have the same divided.
13. In filling up blanks, the largest sum and longest time shall
be first put.
14. When the reading of a paper is called for, and the same is
objected to by any member, it shall be determined by vote of the
House without debate.
15. When the yeas and nays shall be called for by two of the
members present, every member within the bar of the House at the
time the question was put by the Speaker, shall (unless for special
reasons he be excused by the House) declare openly and without de-
bate, his assent or dissent to the question. In taking the yeas and
nays, and upon the call of the House, the names of the members shall
be taken alphabetically, and the Speaker shall in all cases vote 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 safe.
ty may, in the opinion of the House, imperiously require secrecy, the
House shall direct the Speaker to cause the lobby to be cleared, and
during the discussion of such business, the door shall remain shut,

27

'and no person shall be admitted except by the special order ofthe House.
18. The following order shall be observed in taking up the busi-
ness of the House, viz: 1st, motions; 2d, petitions, memorials and
other papers addressed either to the House or to the Speaker thereof;
3d, resolutions; 4th, reports of standing committees; 5th, reports of
select committees; 6th, messages from the Senate lying on the table;
and lastly, orders of the day.
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 ma-
jority to move for the reconsideration thereof; but no motion for the
reconsideration of any vote shall be in order, after a bill, resolution,
message, report, amendment, or motion, upon which the vote was ta-
ken, shall have gone out of the possession of the House announcing
their decision. Nor shall any motion for reconsideration be in order,
unless made on the same day on which the vote was taken, or 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 tem. 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 he 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 introduced.
23. One days' 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 print-
ed, 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.
27. The titles of bills, and such parts thereof only, as shall be
affected by proposed amendments shall be inserted on the journals.

28

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 other.
wise, viz : a committee on the Judiciary ; a committee on the Militia;
a committee on Finance and Public Accounts; a committee on
Claims ; a committee on Schools and Colleges; a committee on Ag.
riculture; a committee on Internal Improvements ; a committee on
Engrossed Bills and 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 injunction
of secrecy shall have been imposed, shall he by the members there-
of kept secret, until the House by its resolution, shall take off the in-
junction of secrecy.
30. Each member of select committees shall, with their chairman,
sign every report made to the House, if they concur therein.
31. Messages may be received at any stage of the 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.
rally sworn by a Judicial officer of the State, well and faithfully to
discharge their respective duties, and to keep secret the proceedings
of the House when sitting with closed doors.
34. All acts, addresses, and joint resolutions, shall be signed by
the Speaker ; and all writs, warrants and subpoenas issued by order
of the House shall be under his hand and seal, and attested by the
Clerk.
35. In case of any disturbance or disorderly conduct in the lobby,
the Speaker, or chairman of the committee of the whole house, 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 withdrawn
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
preclude all amendments and further debate of the main question;
and on a demand for the previous question, there shall be no debate.

29

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 admit-
ted to his seat, the House shall determine whether such discharge
shall be with or without paying fees.
45. It shall be the duty of the Committee of Elections to examine
and report upon the certificates of election, or other credentials, of
the members returned to serve in this House, and to take into their
consideration all such petitions and other matters touching elections
and returns, as shall or may be presented or come into question, and
be referred to them by the House.
46. No committee shall sit during the sitting of the House, with-
out special leave.
47. All bills ordered to be engrossed, shall be executed in a fair,
round hand, and without erasures or interlineations.
48. No amendment by way of rider shall be received to aay 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 stat.
ing the title of the bill or resolution, and asking the concurrence of
that body; and its transmission shall be entered upon the journals.
50. Bills committed to a committee of the whole House, shall be
first read throughout by the Clerk, and then again read and deba-
ted by clauses, leaving the preamble to be last considered ; the body
of the said 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 Committee on Enrolled and En-
grossed Bills to report at any time.
52. Messages shall be transmitted to the Governor and Senate by
the Doorkeeper, unless otherwise directed by the House.

30

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.
On motion of Mr. Long, the rule was waived, and it was ordered
that one hundred copies of the rules of the House be printed for the
use of the members.
The following messages from the Senate were read :
SENATE CHAMBER, December 2, 1848.
Hion. Speaker House Representatives :
SIR :-Messrs. White, Crawford Sanderson, and Lorimer, have
been appointed a Committee to act with the Committee appointed
by the House to inform Gen'l Thomas Brown of the result of the
vote for Governor of the State of Florida.
Respectfully, C. W. DOWNING, Sec'y Senate.
SENATE CIHAMBER, December 2, 1848.
To the Hon. Speaker House Representatives :
SIR :-Messrs. Burritt Tweed and Aldrich have been appointed a
Committee to act with the Committee from the House to inform His
Excellency the Governor of the result of the vote for Governor of this
State.
Respectfully, C. W. DOWNING, Sec'y Senate.
On motion of Mr. Baldwin, the rule being waived, the "Resolu-
tion relative to the examination of the offices of State" was read se.
cond and third time and passed.
On motion, the House adjourned until Monday next, 12 o'clock, M.

MONDAY, December 4th, 1848.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of Saturday last was
read, amended and approved.
Mr. Scott gave notice that he will, on some future day, ask leave to
introduce a bill to construct a railroad across the peninsula of Flori.
da, and for other purposes.
Mr. Blackburn gave notice that he will, on some future day, ask
leave to 'introduce a bill to be entitled an act to repeal an act, enti.
tied an act to amend the several acts to raise a revenue for this
State, &c. &c.," approved January 8th, 1848.
Mr. Bryant gave notice that, on some future day, he will ask leave
to introduce a bill to amend an act entitled an act to provide for the
payment of jurors and State witnesses.
Mr. Moore gave notice that, on some future day, he will ask
leave to introduce a bill to grant permission to C. W. Dubose, and
Mary K. Dubose, administrators of the estate of John W. Dubose.

31

deceased, to sell certain real estate belonging to said estate of Du-
bose, situated in the county of Nassau.
Mr. Landrum gave notice that he will, on some future day, ask
leave to introduce a bill to change the South and West boundary
lines between the Counties of Walton and Holmes.
Messrs. George E. Hawes, of Orange, and Peter Hobart, of Frank-
lin counties, having presented the evidence of their election as mem-
bers from their respective counties to the House of Representatives,
were, on motion, sworn in by Daniel J. Smith, Justice of the Peace
for Washington county.
On motion of Mr. Waterston, Mr. Moore was placed on the com-
mittee of Internal Improvements.
Mr. Bryant presented the memorial of Lewis Fleming relative to
certain Territorial scrip.
Which was read and referred to the committee on Claims.
Mr. Jones offered a Resolution for obtaining certain tabular state-
ments from the Comptroller," which was read, and on motion, the
rule being waived, read second and third times and passed.
On motion, the rule having been waived, Messrs. Long, Maxwell,
and Blackburn were appointed a joint committee on the part of the
House to act with a similar committee appointed by the Senate, in
the drafting of joint rules for the government of both Houses.
On motion of Mr. McClellan, the rule being waived, the commu-
nication of Major W. N. Morris, lately transmitted to the House by
his Excellency, the Governor, was taken up and referred to a select
committee, consisting of Messrs. McClellan, Magbee, and Scott.
On motion, the House adjourned until to-morrow, 10 o'clock, A. M.

TUESDAY, December 5th, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read
and approved.
On motion of Mr. Tanner, Mr. Richards was placed upon the
Committee on Militia.
Mr. McClellan gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled an act to amend an act con-
cerning roads and highways, approved December 27th, 1845.
Mr. Blackburn, pursuant to previous notice, introduced a bill to be
entitled an act to repeal an act to amend the several acts to raise a
revenue for this State, approved July 24th, 1845, and December 27th,
1845, approved January 8th, 1848 ; which was read, and ordered for
a second reading to-morrow.
Mr. Taylor, of Benton, pursuant to previous notice, introduced a
bill to be entitled an act for the location of the county site of Ben-
ton County; which was read, and ordered for a second reading to-
morrow.

32

Mr. Neel, from Jackson County, having presented the evidence
of his election as member of the House of Representatives, was, on
motion, sworn in by D. J. Smith, Justice of the Peace for Washing.
ton County.
Mr. Baldwin presented the memorial of F. A. Browne, and other
citizens of Monroe County, praying the election of Wm. R. Hack.
ly, Esq., as Judge of the Southern Judicial Circuit.
On motion of Mr. Jones, so much of the Governor's Message as
refers to the boundary line between Georgia and Florida, was referred
to the Committee on Propositions and Grievances.
On motion of Mr. Blackburn, ordered that a Standing Committee
on Federal Relations be appointed.
The following report was read and concurred in:
Mr. Long, from the Joint Select Committee on the part of the
House, appointed to draft joint rules for the government of both
houses, reports the joint rules of last session, amended to read as fol.
lows :
JOINT RULES OF THE GENERAL ASSEMBLY.
RULE 1. Messages from either House to the other shall be sent by
such persons as a sense of propriety in each House may determine.
2. After a bill shall have passed both Houses, it shall be duly en-
rolled by the Clerk of the House of Representatives, or by the Secre-
tary of the Senate, as the bill may have originated in one or the other
House.
3. When a bill or resolution, which shall have passed in one
House, is rejected in the other, notice thereof shall be given to the
House in which the same may have passed.
4. When a bill or resolution, which has been passed in one
House, shall be rejected by the other, it shall not be brought in dur-
ing the same session, without notice of ten days, and leave of two-
thirds of that House in which it shall be moved.
5. Each House shall transmit to the other all papers on which any
bill or resolution shall be founded.
6. No bill, that shall have passed one House, shall be sent for con.
currency to the other, on either of the last three days of the session.
7. After each House shall have adhered to their disagreement, a
bill or resolution shall be lost.
8. When elections are required to be made by concurrent vote of
the two Houses, the time of electing shall be previously agreed upon,
and each House shall communicate the nominations made therein to
the other, prior to the voting.
9. Each House shall communicate to the other the nominations,
and the result of each voting.
1(1. In every Joint Committee, the member first named on the part
of the House first proposing such Committee, shall convene the
same.
11. During the election of officers, there shall be no motions en-

38

tertained, except to adjourn, to proceed to vote, to nominate and to
withdraw a candidate-which motions shall have precedence in the
order they stand.
12. The doings throughout shall proceed without debate.
13. Communications shall be made on paper, and signed by the
presiding officer of each House, and transmitted through the Messen-
ger, or Doorkeeper.
14. In every case of disagreement between the Senate and House
of Representatives, either House may suggest conference, and ap-
point a Committee for that purpose, and the other House shall also
appoint a Committee to confer at a convenient hour, to be designated
by the Chairman; said Committees shall meet and confer freely on
the subject of disagreement.
15. Whenever a public bill or resolution is ordered to be printed
for the use of either House, a number shall be ordered sufficient for
the use of both Houses; and it shall be the duty of the Secretary of
the Senate or Clerk of the House, as the case may be, to inform the
other House of such order, and to transmit to that House the requi-
site number of printed copies.
On motion, the House adjourned until to-morrow, 10 o'clock A. M.

WEDNESDAY, December 6th, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read.
amended, and approved.
Mr. Speaker announced the following Standing Committee :
Committee on Federal Relations-Messrs. BLACKBnuR, HIoBART.
NEEL, HAWES, MAXWELL, COLEMAN.
On motion of Mr. Jones, the vote of yesterday, referring to the
Committee on Propositions and Grievances, so much of the Gover-
nor's Message as relates to the boundary line between the States of
Florida and Georgia, was re-considered, and, on motion of Mr. Mc-
Clellan, the subject was referred to the Committee on Federal Rela-
tions.
Mr. Stephens gave notice that he will, on some future day, ask
leave to introduce a bill to alter and amend the militia laws of this
State.
Mr. Walker gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled An Act to empower Green R.
Farmer and William S. Pebles, to assume the management of their
own estates."
Mr. Long gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled "An Act amendatory of an act for
the relief of settlers on public lands, and to grant pre-emption rights
in certain cases.
Mr. Magbee gave notice that he will, on some future day, ask
5

34

leave to introduce a bill to be entitled an act to repeal the second
section of chapter ninth, under the head of crimes and misdemeanors,
in Thomoson's Digest.
The following report was read and concurred in:
The Committee on the Judiciary report:
That they find, upon investigation, that the bill to be entitled An
Act to amend the 12th clause of the 5th article of the Constitution
of this State, so that the Judges of the Circuit Courts shall hold their
offices for a term of eight years, instead of during good behavior,"
was published with the pamphlet laws of this State more than six
months previous to the late election for representatives; and, also,
for the period of six lunar months, though not quite for six calendar
months, in several of the newspapers of this State, previous to said
election. As the second section of the fourteenth article of the
Constitution simply declares that the bill shall be published six
months previous to a new election," &c., without specifying how it
shall be published, your committee are of opinion that the facts above
stated, show a sufficient publication within the meaning of the Con-
stitution. Your committee, therefore, recommend that a committee
be appointed to procure said bill, or a certified copy thereof, from the
Secretary of State's office, so that the present General Assembly
may proceed at once to amend, reject, or adopt it; in which last
event, it will become the fundamental law of the land."
D. S. WALKER, Chairman.
S. B. STEPHENS,
JOHN TANNER,
JOHN COLEMAN,
J. M. LANDRUM,
JAMES T. MAGBEE.
And Messrs. Walker, Stephens, and Prevatt, were appointed on
the committee recommended.
The bill to be entitled an act to repeal an act to amend the seven.
ral acts to raise a revenue for this State, &c., approved January 8,
1848," was read a second time, and, on motion, referred to the Com-
mittee on Finance.
The following message was read:
SENATE CHAMBER, December 5, 1848.
Hon. Speaker of the House of Representatives:
Sn : The Senate have concurred in the report of the Joint Com-
mittee appointed to draft joint rules for the government of the two
Houses, and have ordered 75 copies of said joint rules to be printed.
Respectfully, C. W. DOWNING, Sec'y Senate.
House "Resolution for obtaining certain tabular statements from
the Comptroller," was returned from the Senate, having been passed
by that body, as follows :
Resolved, That the Comptroller be requested to furnish a tabular
statement, showing the gross amount of revenue for 1848 assessed

35

in each county-the deductions on account of insolvency, over-
charges, commissions, &c.-the net amounts due to the State and
payable on the 4th Monday in November last, and the amounts actual-
ly paid into the Treasury up to this date, in cash or in certified ac-
counts of Jurors and State Witnesses.
The bill to be entitled an act for the location of [the county site
of Benton county," was read a second time by title, and, on motion,
referred to a select committee, consisting of Messrs. Prevatt, Taylor,
of Benton, and Magbee.
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 to amend the 12th clause of the 5th
article of the constitution of the State, so that the Judges of. the Cir-
cuit Courts shall hold their offices for a term of eight years, instead
of during good behavior," having been obtained by the Committee
appointed for that purpose, was read three several times on its first
day, pursuant to the provisions of the constitution, and ordered for a
similar reading to-morrow.
The following message was read:
SENATE CHAMBER, Dec. 6, 1848.
Hon. Speaker House of Representatives:
Sin-The Senate have passed the following order : That seventy-
five copies of the act entitled an act relating to capital punishment,"
be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
The following message from the Senate was read, and the amend-
ment therein proposed adopted by the House:
SENATE CHAMBER, Dec. 6, 1848.
Hon. Speaker House of Representatives:
SIR-The Senate have passed, enclosed, House Resolution rela-
tive to the examination of the offices of State," with the following
amendments, viz: That the words "Executive Department" be
stricken out, and the words "Treasurer and Comptroller" inserted
in lieu thereof.
Respectfully, C. W. DOWNING, Secretary Senate.
The resolution was ordered to be enrolled as amended.
Mr. Hobart, the rule being waived, offered the following resolution:
Resolved, That the Judiciary Committee be instructed to report a
bill to this House legalizing (if constitutional) all foreign banking and
insurance agencies that are now or may hereafter be located in any
county in this State.
Which was adopted, and, on motion, the House adjourned until to-
morrow 10 o'clock, A. M.

THURSDAY, December 7th, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.

36

After prayer by Rev. Mr. Neill, the journal of yesterday was read
and approved.
Mr. Bryant gave notice that, on some future day, he will ask leave
to introduce a bill to be entitled "An act to re-establish the county
lines of St. John's county.
Mr. Prevatt gave notice that he will, on some future day, ask leave
to introduce a bill entitled An act to limit the time of locating and
surveying private land claims in the State of Florida, and for other
purposes."
Mr. Long gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled An act relating to administrators."
Mr. Daniel gave notice that he will, at some future day, ask leave
to introduce a bill to be entitled "An act to amend an act to estab-
lish a tariff of fees," approved 29th December, 1846.
Mr. Moore gave notice that he will, on some future day, ask leave
to introduce a bill to amend the road laws of this State, so far as
regards the County of Nassau.
Mr. Baldwin gave notice that he will, on some future day, intro.
duce a bill amending the act relative to the tariff of rates of fees of
certain officers, passed 1846 ; also, a bill amendatory to the several
acts relative to auctioneers and sales at auction.
Mr. Walker, pusuant to previous notice, introduced a bill to be
entitled An act to empower Greed R. Farmer and William T.
Pebles to assume the management of their own estates;" which
was read, and ordered to a second reading to-morrow.
Mr. Magbee, pursuant to previous notice, introduced a bill to be
entitled An act to repeal an act entitled an act to prohibit the cir.
culation of notes of foreign banks of a less denomination than five
dollars ;" also, a bill to be entitled "An act regulating weights and
measures;" which were read the first time, and ordered to a second
reading to-morrow.
Mr. Baldwin, the rule being waived, introduced a bill to be enti.
tied An act relating to the mode of appointment and duties ofaue.
tioneers;" which was read, and ordered to a second reading to
morrow.
Mr. Bryant gave notice that he will, at some future day, ask leave
to introduce a bill to assume certain debts due by the (late) Territore
of Florida to individuals for salaries, witness fees, and other servi
ces rendered by them to said Territory under its laws, and that the
same be funded.
Mr. Shine offered the following resolution, which was adopted:
Be zt Resolved, (the Senate concurring,) That this General As,
sembly will proceed to the election of a United States Senator, of
Monday next, at 12 o'clock, M.
Mr. Baldwin offered a Resolution providing for the refunding 0
certain overpaid taxes "; which was read the first time, and ordered
for a second reading on to-morrow.
Mr. Long offered the following resolution:

37

Resolved, (the Senate concurring,) That the General Assembly
adjourn, sine die, on the 25th day of this month."
On the adoption of which, the yeas and nays being called by
Messrs. Coleman and Baldwin, were as follows:
YEAS-Messrs. Baisden, Bannerman, Blackburn, Coleman, Dan-
iel, Divine, Ellis, Fennell, Hinson, Hobart, Knowles, Landrum,
Langford, Long, Magbee, Mathers, Maxwell, McClellan, Moore,
Neel, Prevatt, Richburg, Shine, Stephens, Summerlin, Taylor of
Benton, Tanner and Waterston-28.
NAYs-Mr. Speaker, Messrs. Baldwin, Bryant, Burnham, Jones,
Richards, Scott, Taylor of Jefferson, Walker and Wilkinson-10.
So said resolution was adopted by the House.
The following report was read and concurred in:
The select committee, to whom was referred the bill entitled an
act to locate the county site of Benton County, ask leave to report a
substitute for the two first sections of said bill, and to amend the
third section, tenth line, by inserting two, between the words the and
most, and respectfully ask the concurrence of the House in these
amendments. THOS. J. PREVATT,)
JOHN TAYLOR, Committee.
JAMES T. MAGBEE, C
The bill was read a second time as mended, and ordered to be en-
grossed for a third reading to-morrow.
The rule being waived, Mr. Bryant gave notice that he will, at
a future day, introduce a bill to prescribe the mode of taking out
licenses, and for other purposes.
The alteration of the Constitution of this State p-roposed by the
General Assembly at its last session, and published as required by
the Constitution, entitled An Act to amend the 12th clause of the
5th article of the Constitution of this State, so that the Judges of the
Circuit Courts shall hold their offices for a term of eight years, in.
stead of during good behavior," was taken up and read three times
on the day of its second reading, pursuant to the provision of the
Constitution, and ordered to be engrossed for a third similar reading
to-morrow.
On motion, the House then adjourned until to-morrow, 10 o'clock.
A. M.

FrIDAY, December 8th, 1848.
The House met pursuant to adjournment, and the roll being
called, there was a quorum present.
After prayer by the Rev. Mr. Neill, the journal of yesterday was
read, amended, and approved.
Mr. Scott gave notice that, on some future day, he will ask leave
to introduce a bill to be entitled An Act to amend the Constitution
of this State,'by striking out the 14th article thereof.
Mr. Fennel gave notice that he will, at some future day, ask leave

38

to introduce a bill to authorize Willis S. Musgrove to establish a fer.
ry acoss Choctawhachee river, in Holmes County.
Mr. Daniel gave notice that he will, on some future day, introduce a
bill to be entitled an act to define the place of holding court in and
for the County of Washington.
.Mr. Waterston gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled, An act to encourage and fa-
cilitate internal improvements, and to authorize partnership for that
purpose.
Mr. Landrum gave notice that he will, at some future day, ask leave
to introduce a bill to authorize Merlin Gordon to establish a ferry
across Yellow River, in Walton county; and also, a bill to authorize
Henry Hewitt to establish a ferry across Chcotawhatchee River, in
Holmes county.
Mr. Maglee, pursuant to previous notice, introduced a bill to be
entitled an act to provide for the recording of the marks and brands of
cattle, shipped from the State of Florida ; which was read by its ti-
tle, and ordered to a second reading to-morrow.
Mr. Baldwin, pursuant to previous notice, introduced a bill to be
entitled an act to amend an act to establish a tariff of fees, approved
January 6th, 1847; which was read, and ordered for a second read-
ing to-morrow.
Mr. Ellis, pursuant to previous notice, introduced a bill to be en.
titled an act to extend the tenure of the office of Register of Public
Lands; which was read, and ordered for a second reading to-morrow.
Mr. Bryant, pursuant to previous notice, introduced a bill to be en-
titled an act to re-establish the county lines of St. Johns County;
which was read, and ordered for a second reading to-morrow.
Mr. Bryant gave notice that he will, on some future day, ask leave
to introduce a bill to amend an act entitled an act concerning roads
and highways, &c., approved January 5, 1847, especially for the
county of Duval.
Mr. Fennel gave notice that he will, on some future day, introduce
a bill providing for the payment of the tax assessor and collector of
Holmes county, tor taking the census of said county.
Mr. Jones, pursuant to previous notice, introduced a bill to be en.
titled an act to repeal an act to provide for the payment of jurors
and State witnesses, approved January 8th, 1848, and to provide for
their payment by the respective counties instead of the State.-
Which was read and ordered for a second reading to-morrow.
Mr. Landrum gave notice that he will, at some future day, ask
leave to introduce a bill to authorize Stephen Richards to establish a
ferry across Chippola river, in Calhoun County.
Mr. Coleman, pursuant to previous notice, introduced a bill to be
entitled an act for the establishment of common schools in this State
and for other purposes. Which was read by title and ordered for a
second reading to-morrow-75 copies to be printed, on motion of
Mr. Long.

39

Mr. Ellis offered Preamble and Resolutions relative to the pay.
ment of the claims of Capt. George E. McClellan's company of
"volunteers. Which was read, and the rule being waived, read second
and third times and passed.
Mr. Blackburn, the rule being waived, moved that the Committee
on Schools and Colleges be instructed to bring in a bill, providing
for a general system of Common Schools in this State, and that all
bills or propositions heretofore introduced into this House on the sub-
ject of Common Schools be referred to said committee; which was
carried.
On motion of Mr. Coleman, the rule being waived, the bill to be
entitled an act for the establishment of common schools in this State,
and for other purposes, was read second time by title and referred to
the committee on Schools and Colleges.
The following Report was read and concurred in:
The Committee on Finance and Public Accounts beg leave to report:
That they have prepared the accompanying bills, one entitled an
act prescribing the mode of taking out licenses, and for other purpo.
ses; and the other, an act imposing taxes upon and requiring licen-
ses to be taken out by certain subjects therein named.
Your committee are satisfied there is great confusion in the pres-
ent laws upon the subject of licenses, and that many subjects are not
now taxed which should be, and which should be required to take
out a license.
Your committee believe the accompanying bills will, if passed,
obviate in a great degree both these evils. They, therefore, recom,
mend their passage.
Respectfully submitted. J. W. BRYANT, Chairman.
The accompanying bills were read by title and ordered for a 2d
reading to-morrow-75 copies to be printed.
ORDERS OF THE DAY.
The bill to be entitled An Act to empower Green R. Farmer
and William T. Pebles to assume the management of their own es-
tates," was read second time, and on motion of Mr. Blackburn the
House went into Committee of the Whole for consideration thereof.
After deliberation the Committee rose, and by their Chairman Mr.
Long, reported the bill without amendment, which was concurred
in and the rule being waived the bill was read second and third
time; and on the question of the passage of the bill, the vote was,
YEAS-Mr. Speaker, Messrs. Baisden, Baldwin, Blackburn, Bry-
ant, Burnham, Daniel, Ellis, Fennell, Hawes, Hinson, Hobart, Jones,
Knowles, Landrum, Langford, Magbee, Maxwell, Mathers, Moore,
Neel, Prevatt, Richards, Richburg, Scott, Shine, Stephens, Summer-
lin, Taylor of Benton, Taylor of Jefferson, Tanner, Walker, Wa-
terston, Wilkinson-34.
NAYs Messrs. Coleman, Divine, Long, and McClellan-4.
So said bill passed, title as stated.

40

The following message and accompanying Documents, were re-
ceived and ordered to be read.
EXECUTIVE DEPARTMENT,
TALLAIIASSEE, December 7, 1848.
Gentlemen of the Senate, and of the House of Representatives:
I have the honor herewith to transmit copies of the following cor-
respondence, and will take pleasure in having carried into execu.
tion the wishes of the General Assembly in regard to the ultimate
disposition of this testimonial of respect, from the "Board of Mana.
gers of the Washington National Monument."
Respectfully, W. D. MOSELEY.

MONTICELLO, FLORIDA, Dec. 4th, 1848.
His Excellency WM. D. MOSELEY :
SIR: At the late celebration of the 4th of July, in Washington
City, sundry persons from the several parts of Florida formed into
procession as the representatives of Florida, having prepared a ban.
ner for the occasion. After the celebration, the banner was present.
ed to the society for the building of the Washington Monument, to
be deposited in the Monument; and the President, in behalf of the
Society, presented to the Florida Delegation a piece of the corner
stone of the Monument, to be delivered to the State of Florida. The
stone has been prepared in a suitable manner by the delegation, in.
cased in a box of live oak, formerly a part of the United States
frigate Constitution, celebrated in the naval history of the Unite
States. And I am instructed by the Delegation to turn the box andi"
its contents over to you, as Governor of the State, to be disposed oi
according to the direction of the proper authorities. This duty I beg
leave to discharge, through the polite attention of Mr. Papy.
Yours, respectfully, J. McCANTS.

EXECUTIVE DEPARTMENT, 1
TALLAIIASSEE, December 7, 1848.
To Hon. .T. McCANTS :
I have had the honor to receive your note of the 4th inst., with
piece of the "corner stone of the Washington National Monument,
presented by yourself and other citizens of Florida "to the Governor
to be disposed of according to the direction of the proper author
ties."
This token of respect for the memory of The Father of i
Country," I have caused to be deposited in the office of' the Secre,
tary of State, to be disposed of ultimately as the General AssemblS
now in session, may direct.
Be pleased to receive for yourself, and those of the citizens oftth
State, who were associated with you on that memorable occasion
the laying of the corner stone of the Washington National Moni
ment," assurances of my esteem and regard.
W. D. MOSELEY,

41

The following messages from the Senate were received, and or-
dered to be read.
SENATE CHAMBER, Dec. 7, 1848.
Hon. Speaker House Representatives :
SIR :-The Senate have ordered 75 copies of the bill entitled an
act to grant pre-emption rights to settlers on State lands to be printed.
Respectfully, C. W. DOWNING, Sec'y Senate.
SENATE CHAMBER, Dec. 8, 1848.
Hon. Speaker House Representatives :
SIR :-The Senate have adopted the following resolution:
Resolved by the Senate and House of Representatives in General
Assembly convened, That the United States Senator to be elected at
the present session shall be elected by the concurrent vote of both
Houses of the General Assembly, and that a majority of a quorum
of both Houses shall be sufficient to elect.
Respectfully, C. W. DOWNING, Sec'y Senate.
The Bill to be entitled an act to repeal an act entitled an act to
prohibit the circulation of notes of foreign banks of a less denomina-
tion than five dollars, was read second time and, the rule being waived,
read third time, and on the question of its passage the vote was:
YEAS-Mr. Speaker, Messrs. Baisden, Bryant, Burnham, Ellis,
Long, Magbee, Maxwell, McClelland, Moore, Neel, Prevatt, Scott,
Taylor of Benton, Walker, and Waterston-16.
NAYs-Messrs. Baldwin, Blackburn, Coleman, Daniel, Divine,
Fennell, Hawes, Hinson, Hobart, Jones, Knowles, Landrum, Lang-
ford, Mathers, Richards, Richburg, Shine, Stephens, Summerlin,
Tanner, and Wilkinson-21.
So said bill was lost.
The bill to be entitled an act regulating weights and measures,
was read second time and, on motion, referred to a committee, consis-
ting of Messrs. Magbee, Baldwin, and Bryant.
On motion of Mr. Richards, the vote on the question of the pas-
sage of the bill to be entitled An Act to repeal an act entitled an act
to prohibit the circulation of notes of foreign banks of a less de-
nomination than five dollars, was reconsidered, and on the same
question being again put, the vote was-
YEAs-Mr. Speaker, Messrs. Baisden, Bannerman, Bryant, Burn-
ham, Ellis, Fennell, Hinson, Knowles, Landrum, Long, Magbee,
Mathers, Maxwell, McClellan, Moore, Neel, Prevatt, Richards,
Richburg, Scott, Shine, Stephens, Taylor of Benton, Tanner, Wal.
ker, Waterston, and Wilkinson-28.
NAYs-Messrs. Baldwin, Blackburn, Coleman, Daniel, Divine,
Hawes, Hobart, Jones, Langford, Summerlin, and Taylor of Jeffer
son-1l].
So said bill passed-title as stated.
The bill to be entitled An Act relating to the mode of appointment
and duties of Auctioneers, was read second time and ordered to be
6

42

engrossed for a third reading to.morrow-75 copies ordered to be
printed.
The resolution providing for the refunding of certain overpaid
taxes, was read a second time and ordered to be engressed for a third
reading to-morrow.
The bill to be entitled an act to locate the county site of Benton
County, was read a third time; and on the question of its passage,
the vote was:
YEAS-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Blackburn, Bryant, Burnham, Coleman, Daniel, Divine, Ellis, Fen.
nel, Hawes, Hinson, Hobart, Jones, Knowles, Landrum, Langford,
Long, Magbee, Mathers, Maxwell, McClellan, Moore, Neel, Prevatt,
Richards, Richburg, Scott, Shine, Stephens, Summerlin, Taylor of
Benton, Taylor of Jefferson, Walker, Waterston, and Wilkinson-38.
NAYS-None.
So said bill passed-title as stated.
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 to amend the 12th clause of the 5th
article of the Constitution of this State, so that the Judges of the Cir.
cuit Courts shall hold their offices for a term of eight years, instead
of during good behavior, was taken up, and read three times on the
day of its third reading, pursuant to the provision of the Constitution;
and on the question of its passage, the vote was:
YEA--Messrs. Baisden, Baldwin, Bannerman, Blackburn, Bry.
ant, Burnham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes, Hin-
son, Hobart, Jones, Knowles, Landrum, Langford, Long, Magbee,
Mathers, Maxwell, McClellan, Neel, Prevatt, Richards, Richburg,
Scott, Shine, Stephens, Summerlin, Taylor of Benton, Taylor of Jet-
ferson, Tanner, Waterston, and Wilkinson-36
NAYS-Mr. Speaker, Messrs. Moore and Walker-3.
So said bill passed-title as stated.
Mr. Speaker announced the select committee to examine the offi.
ces of Comptroller and Treasurer, to consist of Messrs. Baldwin,
Coleman, Bryant, and Walker.
Senate bill to be entitled an act to incorporate St. John's Lodge,
No. 12, in the city of St. Augustine, was read, and placed among the
orders of the day.
The following message from the Senate was read :
SENATE CHAMBER, Dec. 8, 1848.
Hon. SPEAKER House of Representatives:
SiR : The Senate have ordered 75 copies of the Bill to be entitled
an act to re-establish the records of the County of Jackson and for
other purposes, to be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
House resolution relative to the claim of Capt. George E. McClel-
lan's company of volunteers, was returned from the Senate, having
passed that body, Dec. 8th, 1848, and ordered to be enrolled.

43

On motion of Mr. Moore, his vote on the bill this morning passed,
amendatoryy of the Constitution, is allowed to be changed and'regis.
tered yea, on the question of its passage.
On motion of Mr. Stephens, leave of absence for to-morrow was
granted to Mr. Atwater, Sergeant-at-Arms of the House.
Mr. Bryant, the rule being waived, presented the memorial of
Isaac Bush, John Price, and Thomas Suarez, citizens of Duval Coun-
ty, in behalf of themselves and the men in their respective com-
mands; which was read, and referred to the Committee on Militia.
The House then adjourned until to-morrow, 10 o'clock, A. M.

SATURDAY, Dec. 9th, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read
and approved.
Mr. Walker gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled an act to amend an act enti-
tled an act to organize the Supreme Court of the State of Florida.
Mr. Long gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled an act to amend the tenth and
eleventh sections of the Constitution, so far as relates to the disposi-
tion of Seminary and Internal Improvement lands.
Mr. Hobart gave notice that he will, on some future day, ask
leave to introduce a bill regulating the introduction of non-resident
slaves into this State for hire, and for other purposes.
Mr. Prevatt gave notice that he will, on some future day, ask
leave to introduce a bill entitled an act to amend the law now in
force relative to the organization of patrols.
ORDERS OF THE DAY.
The bill to be entitled an act to provide for the recording of the
marks and brands of cattle, shipped from the State of Florida, was
read second time, and on motion of Mr. Baldwin, the House went
into Committee of the Whole, for the consideration of the same.
After deliberation, the committee rose, and by their chairman, re-
ported the bill as amended, and asked to be discharged from the fur-
ther consideration of the same; which was concurred in, and on mo-
tion of Mr. McClellan, the bill was referred to the Judiciary Commit-
tee.
The bill to be entitled an act to establish a tariff of fees, appro-
ved January 6th, 1847, was read second time, and ordered to be en-
grossed.
House joint resolution, relative to the election of United States
Senator, was returned from the Senate, having been concurred in by
that body.
Senate resolution urging upon Congress the passage of a law

44

granting land to the officers and soldiers who served in the Indian
war in Florida, was received, and placed among the orders of the
day.
The bill to be entitled an act to extend the tenure of the office of
Register of Public Lands, was read second time, and ordered to be
engrossed for a third reading to-morrow.
The bill to be entitled an act to re-establish the county lines of
St. John's county, was read second time. and on motion, referred
to a select committee, consisting of Messrs. Bryant, Scott, and Moore.
The bill to be entitled an act to repeal an act to provide for the
payment of jurors and State witnesses, approved 8th January, 1848,
and to provide for the payment by the respective counties instead
of the State, was read a second time, and Mr. Blackburn moved to
lay it on the table ; which was lost.
Mr. Summerlin moved the indefinite postponement of the bill; pen-
ding which, Mr. Shine asked for a call of the House, which was
refused.
Mr. Long then moved that the House then adjourn until Monday
next, 11 o'clock, A. M.; on the adoption of which, the yeas and nays
beirig called by Messrs. McClellan and Waterston, were :
YEAs-Messrs. Baldwin, Bannerman, Blackburn, Hobart, Jones,
Knowles, Long, Maxwell, Neel, Shine, Taylor of Jefferson, Tanner,
and Walker-13.
NAYs-Mr. Speaker, Messrs. Baisden, Bryant, Burnham, Cole.
man, Daniel, Divine, Ellis, Fennel, Hawes, Landrum, Langford,
Magbee, Mathers, McClellan, Moore, Prevatt, Richards, Richburg,
Scott, Summerlin, Taylor of Benton, Waterston, and Wilkinson-24.
So said motion was lost.
Mr. Long moved that the House resolve itself into committee of
the whole for the consideration of the bill; upon which, the yeas
and nays being called by Messrs. Long and Walker, were:
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Blackburn, Divine, Hawes, Knowles, Long, Maxwell, Neel, Shine,
Taylor of Jefferson, Tanner, and Walker-15.
NAYs-Messrs. Bryant, Burnham, Coleman, Daniel, Ellis, Fen.
nel, Jones, Landrum, Langford, Magbee, Mathers, McClellan,
Moore, Prevatt, Richards, Richburg, Scott, Summerlin, Taylor of
Benton, Waterston, and Wilkinson-21.
So said motion was lost; and on the question of the adoption of
the original motion for indefinite postponement, the yeas and nays
being called by Messrs. Waterston and Coleman, were:
YEAs-Messrs. Baisden, Baldwin, Bryant, Burnham, Coleman,
Daniel, Divine, Ellis, Fennel, Hawes, Landrum, Langford, Mag-
bee, Mathers, McClellan, Moore, Prevatt, Richards, Richburg, Scott,
Summerlin, Taylor of Benton, Waterston, and Wilkinson-24.
NAYs-Mr. Speaker, Messrs. Bannerman, Blackburn, Hobart,
Jones, Knowles, Long, Maxwell, Neel, Shine, Taylor of Jefferson,
Tanner, and Walker-13.

45

So sald motion prevailed, and the bill was indefinitely postponed.
The bill to be entitled an act prescribing the mode of taking out
licenses, and for other purposes, was read second time, and on mo-
tion of Mr. Baldwin, the House resolved itself into a Committee of
the Whole, for the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr.
Tanner, reported progress, and asked leave to sit again; which was
granted.
On motion, the House then took a recess until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House met, and on motion, again resolved itself into Com
mittee of the Whole, upon the bill last under consideration.
After deliberation, the committee rose, and by the chairman, Mr.
Tanner, reported the bill with amendments, and asked to be dis-
charged from the further consideration thereof; which report was
concurred in, and the bill was ordered to be engrossed for a third
reading to-morrow.
The bill to be entitled an act imposing a tax upon and requiring a
license to be taken out by certain persons and subjects therein named,
was read second time, and on motion, the House resolved itself into
Committee of the Whole, for the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr.
Coleman, reported progress, and asked leave to sit again; which
was granted.
The joint Senate resolution, yesterday communicated to the House,
relative to the mode of electing a United States Senator, was on mo-
tion taken up, and on motion of Mr. Long, amended as follows:
Strike out the word concurrent," and insert joint"-strike out the
words, "a quorum of both houses," and insert "all the members elect-
ed to the General Assembly."
On motion, the House then adjourned until Monday next, 10 o'-
clock, A. M.

MONDAY, December llth, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read,
amended, and approved.
Mr. Taylor of Benton gave notice that he will, on some future day,
ask leave to introduce a bill for the relief of James M. Bates, late
sheriff of Benton County.
Mr. Fennel, pursuant to previous notice, introduced a bill to be
entitled an act for the relief of Lewis H. Miller; also, a bill to be
entitled an act to authorize Willis S. Musgrove to establish a ferry
across Choctawhatchee river; which were read, and ordered for a
second reading to-morrow.

46
Mr. Waterston, pursuant to previous notice, introduced a bill to be
entitled an act to encourage and facilitate internal improvements, and
to authorize and regulate partnerships for the same ; which was read
by title, and ordered for a second reading to.morrow-75 copies to
be printed.
Mr. Scott, pursuant to previous notice, introduced a bill to be enti.
tied an act to amend the constitution of this State; which was read,
and ordered for a second reading to-morrow.
Mr. Landrum, pursuant to previous notice, introduced a bill to be
entitled an act to authorize Merlin Gordon to establish a ferry
across Yellow 'River; also, a bill to be entitled an act to authorize
Henry Hewitt to establish a ferry across Choctawhatchee River;
which were read, and ordered for a second reading to-morrow.
Mr. Walker, pursuant to previous notice, introduced a bill to be
entitled an act to organize the Supreme Court of the State of Flori-
da; which was read, and ordered to a second reading to-morrow-
75 copies to be printed.
Mr. Scott offered the following resolution, which was adopted:
Resolved, That the Judiciary Committee be instructed to inquire
and report, by bill or otherwise, whether any and what amendments
or alterations are required in the acts regulating judicial and chan-
cery proceedings, and the authentication of conveyances made out of
the State of lands lying within the State; and, also, into the expe-
diency of appointing a commissioner to prepare a code of practice
and pleadings in chancery.
The following report was read, and concurred in
The special committee, to whom was committed a bill to be entitled
an act to re-establish the county lines of St. Johns County, beg
leave to report:
That they have had the same under consideration, and report the
bill back to the House without amendment, and recommend its pas-
sage.
Respectfully submitted. J. W. BRYANT,
JOHN SCOTT, Committee.
E. M. MOORE,
December 11, 1848.
The bill was read second time, and ordered to be engrossed for a
third reading to-morrow.
The following message was read, viz:
SENATE CHAMBER, Dec. 9, 1848.
Hon. Speaker House of Representatives:
SIR: The Senate have ordered 75 copies of the bill to be enti-
tled an act to grant pre-emption rights to settlers on State lands, as
amended, be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
ORDERS OF THE DAY.
The bill to be entitled an act imposing a tax upon and requiring a
license to be taken out by certain persons and subjects therein nam.

47

ed, was taken up, and on motion, the House again resolved itself
into Committee of the Whole, for the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr.
Coleman, reported the bill with amendments, and asked to be dis.
charged from the further consideration thereof; which report was
concurred in.
The bill was read second time, and ordered to be engrossed for a
third reading to-morrow.
Senate bill to be entitled an act to incorporate St. John's Lodge,
No. 12, in the City of St. Augustine, was read, and ordered to a
second reading to-morrow.
The following message was received, and ordered to be read :
SENATE CHAMBER, Dec. 11, 1848.
Hon. Speaker House of Representatives:
SIR: The Senate have concurred in the amendment of the House
to Senate resolution, relative to the mode of electing a United States
Senator.
Respectfully, C. W. DOWNING, Secretary Senate.
The bill to be entitled an act relating to the mode of appointment
and duties of auctioneers, was read second time i and pending the
consideration thereof, on motion, Messrs. Bryant, McClellan, and
Scott, were appointed a committee to inform the Senate that the
House would be ready in 15 minutes for the election of United
States Senator. On motion, the House tools a recess for 15 minutes.

After recess, the House was called to order, and on a call of the
House being had, the members were all assembled.
The Senate entered and occupied the seats prepared for them, and
on invitation of Mr. Speaker, the President of the Senate presided
over the meeting. Mr. President announced that the business before
the joint assembly, was the election of a United States Senator, and
that nominations were in order.
Mr. Bryant nominated Samuel L. Burritt for said office. Mr. Avery
nominated Jackson Morton. Mr. Long nominated Jesse J. Finley,
and Mr. Maxwell nominated Geo. T. Ward.
The result of the vote was:
For BnRBITT-Senate-8. House-Mr. Speaker, Messrs. Bais-
den, Baldwin, Blackburn, Bryant, Burnham, Coleman, Daniel, Di-
vine, Ellis, Hawes, Hobart, Magbee, McClellan, Prevatt, Scott, Sum-
merlin, and Taylor of Benton-18. Total, 26.
For WARD-Senate 5. House-Messrs. Bannerman, Hinson,
Jones, Knowles, Langford, Mathers, Maxwell, Moore, Shine, Ste-
phens, and Waterston-11. Total, 16.
For MoRToN-Senate-3. House-Messrs. Richburg, Tanner,
and Wilkinson-3. Total, 6. .
For FINLEY-Senate-2. House-Messrs. Fennel, Landrum,.
Long, Neel, and Richards-5. Total, 7.

48

For BLANK-House-Messrs. Taylor of Jefferson and Walker--.
2.
So Mr. President announced that there was no election, and that a
second vote was in order; which resulted :-
For BURRITT-Senate-B. Bouse-Mr. Speaker, Messrs. Bais,
den, Baldwin, Blackburn, Bryant, Burnham, Coleman, Daniel, Di-
vine, Ellis, Hawes, Hobart, Magbee, McClellan, Prevatt, Scott, Sum.
merlin, and Taylor of'Benton-18. Total 8.
For WARD-Senate-5. House-Messrs. Bannerman, Hinson
Jones, Knowles, Langford, Mathers, Maxwell, Moore, Shine, Ste-
phens and Waterston-11. Total 16.
For MoRToN-Senate-3. House-Messrs. Richburg, Tanner
and Wilkinson-3. Total 6.
For FINLE--Senate-2. House-Messrs. Fennell, Landrum,
Long, Neel and Richards-5. Total 7.
For BLANK-House-Messrs. Taylor ofJefferson, and Walker-2.
Whereupon Mr. President announced that there was no election,
and that a third vote was in order.
Which vote resulted as follows:
For BuRKITT-Senate-8. House-Mr. Speaker, Messrs. Bais.
den, Baldwin, Blackburn, Bryant, Burnham, Coleman, Daniel, Di.
vine, Ellis, Hawes, Hobart, Magbee, McClellan, Prevatt, Scott,
Summerlin, and Taylor of Benton-18. Total, 26.
For WARD-Senate-5. House-Messrs. Bannerman, Hinson,
Jones, Knowles, Langford, Mathers, Maxwell, Moore, Shine, Ste-
phens, Tanner, and Waterston-12. Total, 17.
For MORToN-Senate-3. House-Messrs. Richburg and Wil.
kinson-2. Total, 5.
For FINTLEY-Senate---2. House---Messrs. Fennel, Landrum,
Long, Neel, and Richards-5. Total, 7.
For BLANK-House-Messrs. Taylor of Jefferson and Walker-
2.
So Mr. President announced that there was no election, and that
a fourth vote was in order.
Mr. Jones moved that the joint assembly adjourn until Thursday
next 12 o'clock, M.; on which, the yeas and nays being called by
Messrs. Blackburn and Smith, were :
YEAS-Mr. Speaker, Messrs. Fennel, Hinson, Jones, Knowles,
Landurm, Langford, Long, Maxwell, Mathers, Neel, Richards, Rich.
burg, Shine, Stephens, Summerlin, Tanner, Waterston, and Wilkin,
son-19. Senate, 9. Total, 28.
NAYs-Messrs. Baisden, Baldwin, Bannerman, Blackburn, Bry.
ant, Burnham, Coleman, Daniel, Divine, Ellis, Hawes, Hobart,
Magbee, McClellan, Moore, Prevatt, Scott, Taylor of Benton, Tay,
lor of Jefferson, and Walker-20-Senate-9. Total 29.
So said motion was lost.
Mr. Ghent nominated Walker Anderson for the office of Senator
of the United States, and the result of the fourth vote was;

49

For BUnRITT-Senate-5. House-Mr. Speaker, Messrs. Bais.
den, Baldwin, Blackburn, Bryant, Burnham, Coleman, Daniel, Di,
vine, Ellis, Hawes, Hobart, Magbee, McClellan, Prevatt, Scott,
Summerlin and Taylor of Benton-18. Total 23.
For WARD-Senate-5. House-Messrs. Bannerman, Hinson,
Jones, Knowles, Langford, Mathers, Maxwell, Shine, Stephens,
Tanner and Waterston-12. Total 17.
For MoRToN-Senate-3. House-Messrs. Richburg and Wil.
kinson-2. Total 5.
For FINLEY-Senate-2. House-Messrs. Fennel, Landrum,
Long, Neel and Richards-5. Total 7.
For ANDERSON-Senate-s3. House-Mr. Taylor of Jefferson-
1. Total 4.
For BLANK-House-Mr. Walker-1.
So Mr. President announced that there was no election, and that
a fifth vote was in order.
On motion that the joint assembly adjourn until Friday next, the
yeas and nays being called by Messrs. Floyd and Blackburn, were:
YEAs-Senate-8. Heuse-Messrs. Fennel, Hinson, Jones,
Knowles, Landrum, Langford, Long, Mathers, Maxwell, Neel, Rich.
ards, Richburg, Shine, Stephens, Summerlin, Tanner and Wilkin-
son-17. Total 25.
NAys--Senate-10. House-Mr. Speaker, Messrs. Baisden,
Baldwin, Bannerman, Blackburn, Bryant, Burnham, Coleman, Dan-
iel, Divine, Ellis, Hawes, Hobart, Magbee, McClellan, Moore,
Prevatt, Scott, Taylor of Benton, Taylor of Jefferson, Walker, Wa.
terston and Wilkinson-23. Total 33.
So said motion was lost.
The fifth vote resulted :
For BuRRITT-Senate-6. House-Mr. Speaker, Messrs. Bais-
den, Baldwin, Blackburn, Bryant, Burnham, Coleman, Daniel, Di.
vine, Ellis, Hawes, Hobart, Magbee, McClennan, Prevatt, Scott and
Taylor of Benton-17. Total 23.
For WARD--Senate-6. House-Messrs. Bannerman, Hinson,
Jones, Knowles, Mathers, Maxwell, Moore, Shine, Stephens, Sum.
merlin, Tanner and Waterston-12. Total 18.
For MonTON-Senate-2. House-Messrs. Landrum, Langford,
Richburg and Wilkinson-4. Total 6.
For FINLEY-Senate-2. House-Messrs. Fennel, Long, Neel
and Richards-4. Total 6.
For ANDERSON-Senate-2. House-Mr. Taylor of Jefferson-
1. Total 3.
For BLANK-- House-Mr. Walker-i,
So Mr. President declared that there was no election, and that a
sixth vote was in order.
Whereupon Mr. Tweed moved that the joint assembly adjourn un-
til to-morrow, 12 o'clock, M.; upon which, the yeas and nays being
called by Messrs. Blackburn and Coleman, were:
7

50

YEAs-Senate-9. House-Mr. Speaker, Messrs. Bryant, Fennel,
Hinson, Jones, Knowles, Landrum, Langford, Long, Maxwell, Moore,
Neel, Richards, Richburg, Shine, Stephens, Summerlin, Tanner,
Waterston, Wilkinson-20. Total, 29.
NAYS-Senate-9. House-Messrs. Baisden, Baldwin, Banner.
man, Blackburn, Burnham, Coleman, Daniel, Divine, Ellis, Hawes,
Hobart, Magbee, Mathers, McClellan, Prevatt, Scott, Taylor of Ben.
ton, Taylor of Jefferson, and Walker-19. Total, 28.
So said motion was carried, and the Senate retired to their cham.
ber.
On motion to adjourn until to-morrow, 10 o'clock, A. M., the yeas
and nays being called by Messrs. Baldwin and Stephens, were:
YEAs-Mr. Speaker, Messrs. Fennel, Hinson, Jones, Knowles,
Landrum, Langford, Moore, Richburg, Scott, Shine, Stephens, Sum.
merlin, Taylor of Benton, Tanner, Waterston, and Wilkinson-17.
NAYs-Messrs. Baisden, Baldwin, Bannerman, Blackburn, Burn.
ham, Coleman, Daniel, Divine, Ellis, Hawes, Hobart, Long, Magbee,
Mathers, Maxwell, McClellan, Prevatt, Richards, Taylor of Jeffer.
son, and Walker-20.
So said motion was lost; and on motion, the House took recess
until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House met and resumed the consideration of the bill to be
entitled an act relating to the mode of appointment and duties of auc.
tioneers, and on motion, the House resolved itself into Committee of
the Whole, for the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr.
Walker, reported the bill as amended, and asked to be discharged
from the further consideration thereof; which report was concurred
in, and the bill ordered to be engrossed for a third reading to-mor.
row.
The resolution providing for the refunding of certain overpaid
taxes, was read third time, and passed.
The bill to be entitled an act to amend an act to:establish a tariff
of fees, approved January 6th, 1847, was read third time; and on the
question of its passage, the vote was :
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Bryant, Burnham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes,
Hinson, Hobart, Knowles, Long, Magbee, Mathers, McClellan,
Prevatt, Richards, Richburg, Scott, Taylor of Benton, Taylor of
Jefferson, Walker, and Wilkinson-27.
NAs--Messrs. Jones, Langford, Maxwell, Neel, Shine, Stephens,
Tanner-7.
So said bill passed-title as stated.
Senate resolution urging upon Congress the passage of a law,
granting land to the officers and soldiers who served in the Indian

51

war in Florida, was read, and on motion of Mr. Walker, the rule
being waived, read second and third times, and passed.
The bill to be entitled An act to extend the term of the office of
Register of Public Accounts, was read the third time, and, on motion,
the House resolved itself into Committee of the Whole for the con-
sideration of a special amendment thereto.
After deliberation, the committee rose, and by their chairman, Mr.
Taylor, of Jefferson, reported the bill as amended, and asked to be
discharged from the further consideration thereof; which report was
concurred in; and the bill was read a second time.
On motion, the rule being waived, the bill was read the third
time; and, on the question of its passage, the vote was.
YEAS Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Burnham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes, Hinson,
Hobart, Jones, Knowles, Langford, Long, Magbee, Mathersi Mc-
Clellan, Neel, Prevatt, Richards, Richburg, Scott, Stephens, Taylor
of Benton, Taylor of Jefferson, Walker, Waterston and Wilkinson-
31.
NAYs-None.
So said bill passed.
Title amended to read, An act to extend the tenure of the offices of
Register of Public Lands, Treasurer and Comptroller of Public Ac.
counts.
On motion, the House then adjourned until 10 o'clock to.morow.

TUESDAY, Dec. 12th, 1848,
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read,
amended, and approved.
Mr. Coleman, pursuant to previous notice, introduced a bill to be
entitled an act concerning the office duties and liabilities of sher-
iffs ; which was read first time by title, and ordered for a second read-
ing to-morrow-75 copies to be printed.
Mr. Taylor of Benton, pursuant to previous notice, introduced a
bill.to be entitled an act for the relief of James M. Bates; which
was read first time, and on motion, the rule being waived, read second
time, and referred to a select committee, consisting of Messrs. Mc-
Clellan, Taylor of Benton, and Magbee.
Mr. Divine moved a reconsideration of the vote of Saturday last,
indefinitely postponing the bill to be entitled an act to repeal an act
to provide for the payment of jurors and State witnesses, approved
8th January, 1848, and to provide, &c.; on which motion, the yeas
and nays being called by Messrs. Blackburn and McClellan, were:
YEAS-Mr. Speaker, Messrs. Baldwin, Bannermari, Blackburn,
Divine, Hinson, Hobart, Jones, Knowles, Long, Mathers, Maxwell,

FLORIDA STATE LIBRARY

52

Neel, Shine, Stephens, Taylor of Jefferson, Tanner, and Walker-
18.
NAYs-Messrs. Baisden, Bryant, Burnham, Coleman, Daniel,
Ellis, Fennel, Hawes, Landrum, Langford, Magbee, McClellan,
Moore, Prevatt, Richards, Richburg, Scott, Summerlin, Taylor of
Benton, Waterston, and Wilkinson-21.
So said motion was lost.
On motion, Mr. Hobart was placed upon the Committee on
Schools and Colleges.
Mr. Prevatt, pursuant to previous notice, introduced a bill to be en-
titled an act to amend the law now in force relative to the organiza-
tion of patrols; which was read first time, and ordered for a second
reading to-morrow.
Mr. McClellan, pursuant to previous notice, introduced a bill to be
entitled an act to amend an act concerning roads and highways,
passed at the adjourned session of 1845; which was read, and on
motion, the rule being waived, read second time, and referred to the
Judiciary Committee.
Mr. Landrum, pursuant to previous notice, introduced a bill to be
entitled an act to authorize Stephen Richards to establish a ferry
across Chipola river; which was read, and ordered for a second
reading to-morrow.
Mr. Coleman gave notice that he will, at some future day, ask
leave to introduce a bill to be entitled an act to amend an act enti.
tied an act to authorize the sale of the equity of redemption to mort.
gaged property, and for other purposes.
Mr. Walker presented the petition of J. D. Tradewell, administra]
tor, &c.; which was read, and referred to the Committee on Claims.
Mr. Stephens offered the following resolution:
Resolved, (the Senate concurring,) That this General Assembly
do not proceed further in the election of United States Senator for the
present; but that the same be postponed to some future day, to be
hereafter agreed upon.
On the adoption of which, the yeas and nays being called by
Messrs. Blackburn and Taylor of Benton, were:
YEAs-Mr. Speaker, Messrs. Bannerman, Bryant, Fennel, Hin.
son, Jones, Knowles, Landrum, Langford, Long, Mathers, Maxwell,
Moore, Neel, Richards, Richburg, Scott, Shine, Stephens, Summer-
lin, Tanner, Walker, Waterston, Wilkinson-24.
NAYs-Messrs. Baisden, Baldwin, Blackburn, Burnham, Cole.
man, Daniel, Divine, Ellis, Hawes, Magbee, McClellan, Prevatt,
Taylor of Benton, Taylor of Jeffersdn-14.
So said resolution was adopted.
The following report was read, and concurred in:
The Judiciary Committee, to whom was referred a bill to provide
for the recording of the marks and brands of cattle, shipped from the
State of Florida, report the same, with sundry amendments.
D. S. WALKER, Chairman.

53

The bill was read second time, and on motion, the Honse resolved
itself into Committee of the Whole, for the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr.
Stephens, reported the bill as amended, and asked to be discharged
from the further consideration thereof, which was concurred in.
The bill was read second time, and ordered to be engrossed for a
third reading to-morrow.
ORDERS OF THE DAY.
Engrossed bill to be entitled an act prescribing the mode of ta-
king out licenses, and for other purposes, was read third time ; and
on the question of its passage, the vote was :
YEAS-Mr. Speaker, Messrs. Baisden, Baldwin, Bryant, Cole-
man, Ellis, Hinson, Hobart, Jones, Knowles, Long, Maxwell, Moore,
Richards, Scott, Taylor of Benton, Taylor of Jefferson-17.
NAYs-Messrs. Bannerman, Daniel, Fennel, Langford, Magbee,
Mathers, McClellan, Neel, Prevatt, Richburg, Shine, Stephens, Sum-
merlin, Waterston, Wilkinson-15.
So said bill passed-title as stated.
The bill to be entitled an act for the relief of Lewis Miller, was
read second time, and on motion, referred to the Committee on
Claims.
The bill to be entitled an act to authorize Willis S. Musgrove to
establish a ferry across Choctawhatchee river, was read second
time, and on motion, referred to the Judiciary Committee.
Engrossed bill to be entitled an act imposing a tax upon and re-
quiring a license to be taken out by certain persons and subjects
therein named, was taken up, and on motion, the House resolved
itself into a Committee of the Whole, for the consideration of a spe-
cial amendment thereto.
After deliberation, the Committee rose, and by their chairman,
Mr. McClellan, reported the bill as amended, and asked to be dis-
charged from the further consideration thereof; which was concur-
red in, and the bill read second time, and ordered to be engrossed
as amended for to-morrow.
The bill to be entitled an act to amend the Constitution of this
State, was read second time, and ordered to be engrossed for to-mor-
row.
The following messages were received, and ordered to be read.
SENATE CHAMBER, Dec. 12, 1848.
Hon. Speaker House Representatives:
SI: .The Senate have concurred in the resolution of the House,
relative to the election of a United States Senator at some future
day. Respectfully, C. W. DOWNING, Sec'y Senate.
SENATE CHAMBER, Dec. 12, 1848.
Hon. Speaker House Representatives:
SIR: The enclosed House bills, entitled respectively-a bill to re-
peal an act entitled an act to prohibit the circulation of notes of for-

54

eign banks of a less denomination than five dollars, approved Feb.
ruary the fourteenth, eighteen hundred and thirty-five; and
A bill to be entitled an act to empower Green R. Farmer and
William J. Pebles to assume the management of their estates, have
this day been lost in the Senate.
Respectfully, C. W. DOWNING, Sec'y Senate.
House bill to be entitled an act to locate the county site of Benton
County, was returned from the Senate, having passed that body, Dec.
12th, 1848. Ordered to be enrolled.
The alteration of the Constitution to be entitled an act to amend
the 12th clause of the fifth article of the Constitution of this State,
so that the Judges of the Circuit Court shall hold their offices for a
term of eight years, instead of during good behavior, was returned
from the Senate, having passed that body by a constitutional major.
ty, and without amendment, Dec. 12th, 1848. Ordered to be en-
rolled.
Senate bill to be entitled an act requiring solicitors to make re-
ports of the state and progress of cases, civil or criminal, in which
the State is a party, was received, and placed among the Orders of
the Day.
The bill to be entitled an act to authorize Merlin Gordon to estab-
lish a ferry across Yellow river, was read second time, and on mo-
tion, referred to the Judiciary Committee.
Engrossed bill to be entitled an act relating to the mode of ap.
pointment and duties of auctioneers, was read third time; and on the
question of its passage, the vote was :
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Burnham, Daniel,
Divine, Ellis, Hawes, Hinson, Hobart, Jones, Long, Magbee, Math-
ers, McClellan, Moore, Prevatt, Richards, Richburg, Scott, Sum.
merlin, Taylor of Benton, Taylor of Jefferson, Walker-24.
NAYs-Messrs. Bannerman, Coleman, Fennel, Knowles, Lan-
drum, Langford, Maxwell, Neel, Shine, Stephens, Tanner, Wilkin-
son-12.
So said bill passed-title as stated.
Engrossed bill to be entitled An act to establish the county line of
St. John's county, was read the third time, and, on the question of
its passage, the vote was:
YEAS-Mr. Speaker, Messrs. Baldwin, Bannerman, Bryant, Burn-
ham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Ho.
bart, Jones, Knowles, Landrum, Langford, Long, Magbee, Mathers,
Maxwell, McClellan, Moore, Neel, Prevatt, Richards, Richburg,
Scott, Shine, Stephens, Summerlin, Taylor of Benton, Taylor of Jef-
ferson, Tanner, Walker and Wilkinson-36.
NAYS-None.
So said bill passed. Title as stated.
The bill to be entitled An act to authorize Henry Hewitt to estab.
lish a ferry across Choctawhatchee river, was read the second time,
and, on motion, referred to the Judiciary Committee.

55

Senate bill to be entitled An act to incorporate St. John's Lodge
No. 12, in the city of St. Augustine, was read a second time, and or-
dered for a third reading to-morrow.
On motion, the House adjourned until to-morrow 10 o'clock, A. M.

WEDNESDAY, December 13th, 1848.
The House met pursuant to adjournment, and, the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the Journal of yesterday was read,
amended and approved.
Mr. Long moved a reconsideration of the vote of yesterday, on the
passage of the bill to be entitled An act prescribing the mode of tak-
ing out licenses, and for other purposes; on which, the yeas and
nays being called, by Messrs. Long and Maxwell, were:
YEAs-Mr. Speaker, Messrs. Baisden, Bannerman, Bryant, Dan-
iel, Fennel, Hinson, Knowles, Landrum, Langford, Long, Mathers,
Maxwell. Moore, Neel, Prevatt, Richards, Richburg, Scott, Stephens,
Tanner, Walker and Wilkinson-23.
NAYs-Messrs. Baldwin, Blackburn, Burnham, Coleman, Divine,
Hawes, Hobart, Jones, McClellan, Summerlin, Taylor of Benton,
and Taylor of Jefferson-12.
So said motion prevailed, and the bill was put back for its third
reading.
Mr. Richards gave notice that he will, on some future day, intro-
duce a bill to locate permanently the county seat of Calhoun county,
and for other purposes.
Mr. Jones gave notice that, on some future day, he will introduce
a bill to be entitled An act prescribing the time for which lands seiz-
ed for taxes shall be- advertised for sale.
Mr. Landrum gave notice that he will, at some future day, ask
leave to introduce a bill to regulate and make permanent the times
of holding the Circuit Courts for the Circuit of the Western District,
and for other purposes.
Mr. Daniel gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled An act to amend an act for the pro-
tection of the fisheries on the coast of Florida.
Mr. Long 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.
Mr. Bryant gave notice that he will, on some future day, ask leave
to introduce a bill to authorize the Sheriffs of their respective coun-
ties to buy in lands for the State, sold for the payment of taxes, when
no other purchaser bids for the same.
Mr. Waterston gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled An act concerning the records
of Levy county.

56

Mr. Knowles gave notice that he will, on some future day, ask
leave to introduce a bill to abolish the allowance of tare, or gross
weight on bales of unmanufactured cotton.
Mr. Daniel, pursuant to previous notice, introduced a bill to be en-
titled An act -to authorize the Circuit Court of Benton county to be
held at Mossy Hill Meeting House; which was read and ordered for
a second reading to-morrow.
Mr. Coleman, pursuant to previous notice, introduced a bill to be
entitled an act to authorize the sale of the equity of redemption to
mortgaged property, and for other purposes; which was read, and
ordered for a second reading to-morrow.
The following communication fiom the Comptroller was read,
and on motion, 150 copies of it and accompanying document or-
dered to be printed.
Mr. Taylor of Benton offered a resolution, asking Congress 'to
grant a quarter section of land to Benton County for locating its
county site; which was read first time, and ordered for a second
reading to-morrow.
The following reports from the Judiciary Committee were read,
and concurred in:
The Judiciary Committee, to whom was referred a bill to be enti-
tled an act to authorize Henry Hewitt to establish a ferry across
Choctawhatchee river, report:
That they have had the same under consideration, and find, upon
investigation, that full power to transact all business of this sort is
vested by a general law of this State in the Board of County Com.
missioners of each county. The committee are of opinion that the
Board of County Commissioners for Holmes County constitute a sa.
fer tribunal to determine on the propriety of the establishment of
this ferry than the General Assembly, inasmuch as they live in the
county where the ferry is proposed to be established, and know best
whether the people want it, and are more immediately responsible to
the people who are mostly to be affected by it, for any action upon
the subject. But even if the General Assembly could act as under.
standingly in the establishment of this ferry as the commissioners,
still the committee think itwould be a bad precedent-for if the door
is once opened to applications of this sort, much of the valuable time
of every Legislature will probably be wasted in the consideration of
them. For these reasons, the committee beg leave to report the
bill back to the House without amendment, and recommend that it
be not passed. D. S. WALKER, Chairman.
The Judiciary Committee, to whom was referred a bill to be entitled
An act to authorize Willis S. Musgrove to establish a ferry across
Choctawhatchee river, in Holmes county, report:
That the Board of County Commissioners for said county have
power by the existing laws to establish said ferry; and, as they are
more likely than your committee to know whether the people there
desire it, and whether it ought to be established, therefore your corn

mittee recommend that said bill be referred to said Commissioners,
and that your committee, be discharged from the further consideration
of it. D. S. WALKER, Chairman.
The Judiciary Committee, to whom was referred a bill to be entitled
An act to authorize Merlin Gordon to establish a ferry across Yel-
low river, report:
That by a general law of this State (see Thompson's Dig. p. 147,)
the Board of County Commissioners in the several counties are vest.
ed with the power of establishing ferries and bridges within the lim-
its of their jurisdiction respectively.; and as your committee think
that the Board of County Commissioners for Walton county have
better means of information, and can therefore act more understand.
ingly in this matter than the General Assembly, your committee re.
commend that this bill be referred to said Board, and that your com.
mittee be discharged from the further consideration of the same.
D. S. WALKER, Chairman.
ORDERS OF THE DAY.

The bill to be entitled An act to amend an act entitled an act to
organize the Supreme Court of the State of Florida, was read the
second time, and on motion referred to the Judiciary Committee..
The bill to be entitled An act to amend the law now in force rela-
tive to the organization of patrols, was read the second time, and or-
dered to be engrossed for to-morrow.
The bill to be entitled An act to authorize Stephen Richards to
establish a ferry across Chipola river, was read the second time, and,
on motion, indefinitely postponed.
The bill to be entitled An act to provide for the recording of marks
and brands of cattle shipped from the State of Florida, was read the
third time, and, on the question of its passage, the vote was:
"YEAS-Mr. Speaker, Messrs. Bannerman, Blackburn, Bryant,
Burnham, Coleman, Daniel, Divine, Ellis, Hawes, Hinson, Hobart,
Jones, Landrum, Magbee, McClellan, Moore, Prevatt, Richburg,
Summerlin, Taylor of Benton, Taylor of Jefferson, Walker, Water-
ston and Wilkinson-25.
NAYS-Messrs. Knowles, Langford, Long, Mathers, Maxwell,
Neel, Richards, Scott, Stephens and Tanner-10.
So said bill passed-title as stated.
Senate bill to be entitled An act requiring Solicitors to make re-
ports of the State, and progress of, cases, civil or criminal, in which
the State is a party, was read, and ordered -to a second reading to-
morrow.
Senate bill to be entitled An act to incorporate St. John's Lodge
No. 12, in the city of St. Augustine, was read third time, and on the
question of its passage, the vote was :
YEAs-Mr. Speaker, Messrs. Baisden, Bannerman, Bryant, Burn-
ham, Coleman, Daniel, Divine, Hawes, Hinson, Hobart, YonesN
8

58

Knowles, Landrum, Langford, Magbee, Maxwell, Moore, Neel, Rich-
burg, Scott, Summerlin, Waterston and Wilkinson-24.
NAYs-Messrs. Ellis, Fennel, Long, McClellan, Prevatt,Richards
and Taylor of Benton-7.
So said bill passed. Title as stated.
Engrossed bill to be entitled An act imposing a tax upon and re.
quiring a license to be taken out by certain persons and subjects
therein named, was read third time, and on motion that the House
go into Committee of the Whole for the consideration of a special
amendment thereto, Mr. Speaker decided that the motion was in or.
der, from which Mr. Baldwin appealed to the House, and the yeas and
nays, upon sustaining the decision, being called by Messrs. Baldwin
and Taylor of Jefferson, were :
YEAs-Messrs. Bannerman, Blackburn, Bryant, Burnham, Cole.
man, Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Hobart, Jones,
Knowles, Landrum, Langford, Long, Magbee, Mathers, Maxwell,
McClellan, Moore, Neel, Prevatt, Richards, Richburg, Scott, Ste-
phens, Summerlin, Taylor of Benton, Tanner, Walker, Waterston
and Wilkinson-34.
NAYS-Messrs. Baldwin and Taylor of Jefferson-2.
So said decision was sustained by the House.
Mr. Long then moved that the House go into Committee of the
Wholefor the consideration of the following special amendment, to
wit:
Strike out the words four quarts" wherever they occur, and insert
the words "one quart."
Upon which motion the yeas and nays being called by Messrs.
Coleman and McClellan were :
YEAs-Messrs. Bannerman, Daniel, Fennel, Hobart, Hinson,
Knowles, Landrum, Long, Magbee, Mathers, Neel, Richards, Rich-
burg, Stephens and Walker-15.
NAYs-Mr. Speaker, Messrs. Baisden, Baldwin, Blackburn, Bry-
ant, Burnham, Coleman, Divine, Ellis, Hawes, Jones, Langford,
Maxwell, McClellan, Moore, Prevatt, Scott, Summerlin, Taylor of
Benton, Taylor of Jefferson, Waterston and Wilkinson-22.
So said motion was lost.
On the question of the passage of the bill, the vote was:
YEAs-Messrs. Baldwin, Blackburn, Bryant, Burnham, Divine,
Hawes, Hobart, McClellan, Moore, Prevatt, Taylor of Benton, Tay.
lor of Jefferson and Walker-13.
NAYs-Mr. Speaker, Messrs. Baisden, Bannerman, Coleman, Da.
niel, Ellis, Fennel, Hinson, Jones, Knowles, Landrum, Langford,
Long, Magbee, Mathers, Maxwell, Neel, Richards, Richburg, Scott,
Stephens, Summerlin, Waterston and Wilkinson-24.
So said bill w s lost,
Engrossed bill to be entitled An act to amend the Constitution of
this State, was read 3d time, and on the question of its passage, the
vote was:

59

YEAs-Mr. Speaker, Messrs. Daniel, Jones, Landrum, Scott, Tay.
lor of Jefferson, Walker and Wilkinson-8.
NAYs-Messrs. Baisden, Baldwin, Bannerman, Blackburn, Bry.
ant, Burnham, Coleman, Divine, Ellis, Fennel, Hawes, Hinson, Ho-
bart, Knowles, Langford, Long, Magbee, Mathers, Maxwell, Mc.
Clellan, Moore, Neel, Prevatt, Richards, Richburg, Stephens, Sum.
merlin and Taylor of Benton-28.
So said bill was lost.
Engrossed bill to be entitled an act prescribing the mode of ta-
king out licenses, and for other purposes, was read third time ; and
on the question of its passage, the vote was :
YEAS-Messrs. Bryant, Hawes, Moore, Summerlin, and Walker
-5.
NAYS-Mr. Speaker, Messrs. Baldwin, Bannerman, Blackburn,
Burnham, Daniel, Divine, Fennel, Hinson, Hobart, Jones, Knowles,
Landrum, Langford, Long, Magbee, Mathers, Maxwell, McClel-
lan, Neel, Prevalt, Richards, Richburg, Scott, Stephens, Taylor of
Benton, Taylor of Jefferson, Tanner, Waterston, and Wilkinson-30.
So said bill was lost.
On motion of Mr. Maxwell, the rule being waived, the following
report was read and concurred in:
The Committee on Militia, to whom was referred the memorial of
Captains Isaac Bush, John Price, and Thomas Suarez, in behalf
of themselves and the officers and men under their respective com-
mands, as Mounted Florida Volunteers, in the service of the Uni-
ted States, in the Seminole war, in the years 1838 and 1839, beg
leave to report:
That they have examined the memorial of the said Bush, Price,
and Suarez, to the Congress of the United States, in May last, and
the report thereon from the Committee on Military Affairs of the
House of Representatives, in July last, recommending half pay and
allowances to the officers and men of said commands. That, in the
opinion of the committee, the evidence presented to Congress with
said memorial, as published in said report, shows conclusively that
the services rendered by the respective commands of the said Bush,
Price, and Suarez, were rendered to the United States in good faith,
and were important and necessary to the protection and safety of the
lives and property of the citizens of the section of country in which
the troops operated, and that, without such services, the country
could not have been inhabited, but must have become totally depopu.
lated 'by the depredations of the Indians. That, in the opinion of
the committee, the services rendered by these troops were fully equal
to the services usually performed by volunteers regularly mustered
into the service of the United States, and superior, in most cases,
to the services of regulars engaged during the war in frontier de-
fence, and under circumstances of greater hardship and privation,
having to equip and provide themselves, at their own expense, and
under the same degree of exposure.

60

The committee are, therefore, of the opinion, that Said' ciiP'anies
are justly entitled to full pay and allowances, such as were received
by officers of their grade, and men who performed like services for
the United States during the same period, with interest thereon, from
the time the services were performed. They recommend the adop.
tion of the accompanying resolution.
W. M. MAXWELL,
JOHN SCOTT,
JOHN S. DIVINE,
TIlOS. LANGFORD, Committee.
STEPHEN DANIELS,
STEPHEN RICHARDS,
Which resolution was read the first time; and Mr. Scott moved
that the rule be waived, and the resolution read the second and third
times. Upon which, the yeas and nays being called by Messrs.
Baldwin and Blackburn, were:
YEAs-Mr. Speaker, Messrs. Baisden, Bannerman, Blackburn,
Bryant, Burnham, Daniel, Divine, Ellis, Fennel, Hawes, Hinson,
Hobart, Jones, Knowles, Landrum, Langford, Long, Magbee, Ma-
thers, Maxwell, McClellan, Moore, Neel, Prevatt, Richards, Rich.
burg, Scott, Stephens, Summerlin, Taylor of Benton, Tanner, Wal-
her and Waterston-33.
NAYs-Messrs. Baldwin and Taylor of Jefferson-2.
So said motion prevailed; and the resolution being read the second
and third times, was passed.
The following messages from the Senate were received:
SENATE CHAMBER, December 13, 1848.
Hon. Speaker House Representatives:
SIB: The Senate have ordered seventy-five copies of the bill en-
titled An act to alter and amend the election law in force in the State,
to be printed. Respectfully,
C. W. DOWNING, Sec'y Senate.
SENATE CHAMBER, December 13, 1848.
Hon. Speaker House Representatives:
SIa: Messrs. Sanderson, White and Forward have been appoint-
ed a committee, to act with a similar committee on the part of the
House, to examine the offices of Comptroller and Treasurer.
Respectfully, C. W. DOWNING. Sec'y Senate.
Senate bill to be entitled An act to grant pre-emption rights to set-
tiers on State lands, was read and placed among the orders of the
day.
On motion, the House adjourned till to-morrow, 10 o'clock, A. M.

THURSDAY, December 14th, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read,
amended, and approved.

61

Mr. Baldwin gave notice that he will, on some future day, ask
leave to introduce a bill to amend an act to organize the Circuit
Courts of the State of Florida, approved January 8, 1848.
Mr. Baisden gave notice that he will, on some future day, ask leave
to introduce a bill entitled an act legalizing the rites of marriage
performed by the Judges of Probate in the several counties in this
State, and for other purposes.
Mr. Jones, pursuant to previous notice, introduced a bill to be en.
titled an act prescribing the time for which lands seized for taxes
shall be advertised for sale ; which was read first time, and ordered
for a second reading to-morrow.
Mr. Scott, pursuant to previous notice, introduced a bill to be en-
titled an act for the relief of occupying claimants ; which was read
first time by title, and ordered for a second reading to-morrow-75
copies to be printed.
Senate bill to be entitled an act relating to capital punishments,
was received, and placed among the orders of the day for to-morrow.
Mr. Walker presented the petition of A. A. Fisher, sheriff and
ex officio administrator of the estate of John W. Levinus; which
was read, and on motion referred to the Committee on Claims.
The following report was read, and concurred in :
The Standing Committee on Claims, to whom was referred the pe-
tition of James D. Tradewell, administrator of William Tradewell,
deceased, praying compensation for the services of the latter, as
surgeon for Capt. Livingston's Company, Florida Volunteers, have
the honor to report:
That, after examination of the accounts and evidence rendered,
they are of opinion that the United States is the proper party to pay
the same, and ought in justice to pay. That the company referred to
were on their way to join the army in Mexico, to assist in the prose.
tion of a war on the part of the United States, and there is no good
reason why the State of Florida should assume any part of the ex-
penses of that war.
Your committee recommend the adoption of the following resolu-
tion. S. F. JONES, Chairman.
And the resolution was read first time, and on motion, the rule being
waived, read second and third times, and passed.
A committee from the Senate requested the return to that body of
certain House bills, heretofore lost in the Senate, and returned to the
House, entitled An act to empower Green R. Farmer and William
J. Pebles to assume the management of their own estates ; and An
act to repeal an act to prohibit the circulation of notes of a foreign
bank of a less denomination than five dollars.
Upon motion of Mr. McClellan, that said bills be sent to the
Senate by a committee of three, the yeas and nays were called by
Messrs. Baldwin and Taylor of Jefferson. The vote was:
YEAs-Mr. Speaker, MeBsrs. Baisden, Bannerman, Coleman, El-
lis, Fennell, Hawes, Hinso, Jones, Knowles, Langford, Long, Mag-

62

bee, Mathers, Maxwell, McClellan, Neel, Prevatt, Richards, Rich.
burg, Scott, Shine, Stephens, Summerlin, Taylor of Benton, Tanner,
Walker, and Waterston-29.
NAYS-Messrs. Baldwin, Blackburn, Daniel, Divine, Hobart, and
Taylor of Jefferson-6.
So said motion prevailed, and Messrs. Walker, McClellan, and
Landrum, were appointed said committee.
ORDERS OF THE DAY.
The bill to he entitled an act concerning the office duties and lia-
bilities of sheriffs, was read second time, and on motion, the House
resolved itself into Committee of the Whole, for the consideration
thereof.
After deliberation, the committee rose, and by their chairman,
Mr. Stephens, reported the bill with amendments, and asked to be
discharged from the further consideration thereof; which was con-
curred in.
The bill was read second time, and Mr. Baldwin moved that the
original fifth section, as stricken out in Committee of the Whole, be
reinserted. Upon which the yeas and nays being called by Messrs.
Baldwin and Taylor of Jefferson, were :
YEAS-Mr. Speaker, Messrs. Baisden, Baldwin, Bryant, Burnham,
Coleman, Daniel, Hawes, Hinson, Knowles, Moore, Prevatt, Scott,
Stephens, Summerlin, Taylor of Benton, Taylor of Jefferson, Walk-
er, Waterston and Wilkinson-20.
NAYS-Messrs. Bannerman, Divine, Ellis, Fennel, Jones, Lan.
drum, Langford, Long, Magbee, Mathers, Maxwell, McClellan, Neel,
Richards, Richburg, Shine and Tanner-17.
So said amendment was adopted.
Mr. Baldwin moved to amend by reinserting the original sixth
section as stricken out. Which was lost.
Mr. Jones moved to strike out the original seventh section. Upon
which, the yeas and nays being called by Messrs. Baldwin and Cole-
man, were :
YEAS-Messrs. Baisden, Divine, Ellis, Fennel, Hinson, Jones,
Knowles, Langford, Long, Mathers, Neel, Prevatt, Shine, Stephens,
Summerlin and Tanner-16.
NAYs-Mr. Speaker, Messrs. Baldwin, Bannerman, Blackburn,
Bryant, Burnham, Daniel, Coleman, Hawes, Hobart, Magbee, Max.
well, McClellan, Moore, Richards, Scott, Taylor of Benton, Taylor
of Jefferson, Walker, Waterston and Wilkinson-21.
So said motion was lost.
Mr. Jones moved to amend by striking out the original 5th section;
which was lost.
Mr. Coleman moved to amend by striking out the words or by
indictment" in 6th line of the* 7th section, between the words
plaint" and in;" which amendment was adopted.
Mr. Landrum offered the following amendment, which was lost;

63

SEc. 2. Be it further enacted, That the sheriff of each county
shall receive the sum of ten cents, for entering and keeping such re-
cord, to be collected out of the defendant,
Mr. Bryant offered the following amendment, which was adopted:
Add to the 8th section as follows: Provided, the creditor of said
oldest judgment, his agent or attorney, shall make affidavit in wri-
ting, to be filed in the court in which said judgment is recorded, sta-
ting the amount at that time actually due thereon.
The bill was ordered to be engrossed as amended.
The bill to be entitled an act to authorize the Circuit Court of
Washington county, to be held at Mossy Hill Meeting-House, was
read second time, and on motion, the rule being waived, read third
time. On the question of its passage, the vote was:
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Blackburn, Bryant, Burnham, Coleman, Daniel, Divine, Ellis, Fen-
nell, Hinson, Hobart, Jones, Knowles, Landrum, Langford, Long,
Magbee, Mathers, Maxwell, McClellan, Moore, Neel, Prevatt, Rich-
ards, Richburg, Scott, Shine, Stephens, Summerlin, Taylor of Ben-
ton, Taylor of Jefferson, Tanner, Walker, Waterston, and Wilkin-
son-38.
NAYS-None.
So said bill passed-title as stated.
The bill to be entitled an act to amend an act to authorize the sale
of the equity of redemption to mortgaged property, and for other pur-
poses, was read second timeby title, and 75 copies ordered to be printed.
Resolution asking Congress to grant a quarter section of land to
Benton county for locating the county site, &c., was read second
time, and the rule being waived, read third time and passed.
The; bill to be entitled an act to amend the law now in force rela-
tive to the organization of patrols, was read third time, and on the
question of its passage, the vote was :
YEAs-Mr. Speaker, Messrs. Baisden, Bannerman, Blackburn,
Bryant, Burnham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes,
Hinson, Hobart, Jones, Knowles, Landrum, Langford, Long, Mag-
bee, Mathers, Maxwell, McClellan, Moore, Neel, Prevatt, Richards,
Richburg, Scott, Shine, Stephens, Summerlin, Taylor of Benton,
Taylor ofJefferson, Tanner, Walker, Waterston, and Wilkinson-38.
NAYS-Mr. Baldwin-1.
So said bill passed-title as stated.
Senate bill to be entitled An act requiring Solicitors to make re-
ports of the state and progress of cases, civil or criminal, in which
the State is a party, was read second time, and Mr. Bryant moved
to amend by striking out the word "ten" in the fourth line, and in-
serting thirty;" which was adopted, and the bill ordered for a third
reading to-morrow.
Senate bill to be entitled An act to grant pre-emption rights to set-
tlers on State lands, was read, and ordered for a second reading to.
morrow.

On motion, Mr. Blackburn obtained leave of absence until, Mon,
day evening next.
On motion of Mr. Landrum, a committee was appointed, consist,
ing of Messrs. Landrum, McClellan, and Waterston, to request
from the Senate the return of a Senate bill,.yesterday passed in the
House, and entitled an act to incorporate,St, John's Lodge, No. 12,
in the City of St. Augustine.
On motion, the House then adjourned until tomorrow, 10 o'clock,
A. M.

FEIDAY, December 15th, 1848.
The House met pursuant to adjournment, and the roll being
called, there was a quorum present.
After prayer by the Rev. Mr. Neill, the journal,of yesterday was
read, amended, and approved.
Mr. Coleman, the rule being waived, obtained leave to introduce
a bill to be entitled An act to alter and change the names. of certain
persons therein named; which was read first time by title, and_ the
rule being waived, placed among the Orders of the Day for. a second
reading.
Mr. Bannerman, the rule being waived, obtained leave to intro-
duce a bill to be entitled An act to provide for the payment of servi-
ces rendered by overseers of public roads ; which was read, and or-.
dered for a second reading to-morrow.
Mr. Summerlin, pursuant to previous notice, introduced a bill to
be entitled An act so to amend the Constitution of this.State, as to
provide for the election by the people of a Judge of Probate in each
county; which was read,,and ordered for a second reading to-mor-
row.
Mr. Long, pursuant to previous notice, introduced a bill to be enti-
tled An act to amend the tenth and eleventh sections of the Consti.
tution, so far as relates to the disposition of Seminary and Internal
Improvement lands; which was read, and ordered for a second
reading to-morrow.
Mr. Daniel, pursuant to previous notice, introduced a bill to be en-
titled An act to amend an act for the protection of the fisheries on
the coast of Florida; which was read the first time, and the rule be-
ing waived, read the second time, and ordered to be engrossed for a
third reading to-morrow.
Mr. Summerlin, the rule being waived, obtained leave to intro.
duce a bill to be entitled An act to require licenses to be taken out
by persons and subjects not hitherto taxed; which was read, and or-
dered for a second reading to-morrow-75 copies to,be printed.
A committee from the Senate returned Senate bill, heretofore pass.
ed by the House, and entitled An act to incorporate St. Johns' Lodge
No. 12, in the city of St. Augustine. Whereupon, on motion, the

'65

vote on the passage of said bill was reconsidered, and the bill placed
among the orders of the day for a third reading.
Mr. Hawes presented the Memorial of certain citizens of Orange
county relative to the county lines of said county; which was read,
and, on motion, referred to a select committee, consisting of Messrs.
Baldwin, Hawes, Taylor of Benton, and Burnham.
Mr. Richards offered a Resolution asking from Congress the grant
of a quarter section of land for the county site of Calhoun county;
which was read and ordered to a second reading to-morrow.
Mr. McClellan offered the following joint resolution:
Resolved, (the Senate concurring,) that this General Assembly
will adjourn sine die on Saturday, the 30th day of the present month.
Which, on motion, was laid on the table.
Mr. Jones offered the following resolution:
Resolved, That the printer of the House of Representatives be em-
ployed to print, in pamphlet form, the laws of the present session, on
his giving bond to the Secretary of State, faithfully to execute the
work. That one thousand copies of said laws be printed, and the said
printer be required to have the same ready for distribution, within
six weeks after the adjournment of the General Assembly, unless fur-
ther time be granted by the Governor, on good cause shown.
Resolved, That the compensation for said work be the same as
fixed by the last General Assembly in a joint resolution, approved by
the Governor January 8, 1848.
On the adoption of which, the yeas and nays being called by Messrs.
McClellan and Blackburn, the vote was :
YEAs-Messrs. Bannerman, Hinson, Jones, Knowles, Long,
Mathers, Maxwell, Neel, Richards, Richburg, Shine, Stephens, Tan-
ner, and Walker-14.
NAys-Mr. Speaker, Messrs. Baisden, Baldwin, Blackburn, Bry.
ant, Burnham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes, Ho-
hart, Landrum, Langford, Magbce, McClellan, Moore, Prevatt, Scott,
Summerlin, Taylor of Benton, Taylor of Jefferson, Waterston, and
Wilkinson--25.
So said resolution was lost.
The following message fiom the Senate was read:
SENATE CHAMBER, December 14, 1848.
Hon. Speaker o he House of Representatives:
SIR: The Senate have ordered seventy-five copies of a bill to be
entitled An act providing for the purchase on the part of the State of
land offered for sale for taxes, to be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
Senate bill to be entitled an act to re-establish the records of the
county of Jackson, and for other purposes, was received and placed
among the orders of the day.
House resolution urging upon Congress the payment of certain
companies of Florida volunteers, was returned from the Senate, hav-
ing passed that body, December 14th, 1848-ordered to be enrolled.
9

House bill to be entitled an act to repeal an act to prohibit'the
circulation of notes of foreign banks of a less denomination than five
dollars, approved February 14th, 1835, was again returned from the
Senate, having again been lost in that body.
The following messages from the Senate were read:
SENATE CHAMBER, Dec. 15, 1848.
Hon. Speaker House of Representatives:
SI : The Senate have ordered seventy-five copies of the bill to be
entitled an act to provide for the election of a keeper of the public
archives in the cities of St. Augustine and Pensacola, and to prescribe
their duties, &c. to be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
SENATE CHAMBER, Dec. 15, 1848.
"Hon. Speaker House of Representatices:
SIR: The Senate have passed (enclosed) House Resolution pro.
viding for the refunding of certain overpaid taxes, with the amend.
ment, viz: insert the words "and Apalachicola," after the words
" Key West," in the fifth line; in which they ask the concurrence of
the House.
Respectfully, C. W. DOWNING, Sec'y Senate.
The amendment was concurred in, and the resolution ordered to
be enrolled as amended.
The bill to be entitled An act to empower Green R. Farmer and
William J. Pebles to assume the management of their estates, was
again returned from the Senate, having been re-considered by that
body and passed December 14th, 1848-ordered to be enrolled.
ORDERS OF THE DAY.
The bill to be entitled An act prescribing the time for which land
seized for taxes shall be advertised for sale, was read second time'
and on motion, the rule being waived, read third time ; and on the
question of its passage, the vote was:
YEAs-Mr. Speaker, Messrs. Bannerman Bryant, Coleman, Dan.
iel, Ellis, Fennel, Hawes, Hinson, Hobart, Jones, Knowles, Lan.
drum, Langford, Magbee, Mathers, Maxwell. McClellan, Moore, Neel,
Prevatt, Richards, Richburg, Scott, Shine, Stephens, Summerlin,
Taylor of Benton, Tanner, Walker, Waterston, and Wilkinson-32.
NAYs-Messrs. Baisden, Baldwin, Burnham, Divine, Long-5.
So said bill passed-title as stated.
The bill to be entitled An act for the relief of ocupying claim.
ants, was read second time, and referred to a select committee, con.
listing g of Messrs. Bryant, Scott, and McClellan.
Senate bill to be entitled An act relating to capital punishments,
was read, and on motion, the rule being waived, read second time,
:10d referred to the Judiciary Committee.
The bill to be entitled An act concerning the office duties and lia.
abilities of sheriffs, was read third time; and on the question of its
passage, the vote was:

67

"YEAs-Mr. Speaker, Messrs. Baldwin, Blackburn, Bryant, Burn-
ham, Coleman, Daniel, Hobart, Magbee, Moore, Prevatt, Scott, Tay.
lor ofBenton, Taylor of Jefferson, Walker and Waterston-16.
NAYs--Messrs. Baisden, Bannerman, Divine, Ellis, Fennel,
Hawes, Hinson, Jones, Knowles, Landrum, Langford, Long, Ma-
thers, Maxwell, McClellan, Neel, Richards, Richburg, Shine, Ste-
phens, Summerlin, Tanner and Wilkinson-23.
So said bill was lost.
The bill to be entitled An act to amend an act to authorize the sale
of the equity of redemption to mortgaged property and for other pur.
poses, was taken up, and, on motion, further consideration thereof
postponed until to-morrow.
Senate bill to be entitled An act requiring Solicitors to make re-
ports of the State, and progress of, cases, civil or criminal, in which
the State is a party," was read the third time, and, on the question
of its passage, the vote was:
YEAS- Mr. Speaker, Messrs. Baisden, Bannerman, Blackburn,
Bryant, Burnham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes,
Hinson, Hobart, Knowles, Landrum, Langford, Magbee. Maxwell,
McClellan, Moore, Prevatt, Richburg, Scott, Stephens, Summerlin,
Taylor of Benton, Taylor of Jefferson, Tanner, Walker, Waterston
and Wilkinson-32.
NAys-Messrs. Jones, Long, Neel, Richards and Shine-5.
So said bill passed-title as stated.
Senate bill to be entitled an act to grant pre-emption rights to set-
tlers on State lands, was read second time, and on motion, the House
went into committee of the whole for the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr.
Baldwin, reported the bill with certain amendments, and asked to be
discharged from the further consideration thereof; which was con-
curred in. The bill was read second time and the amendments or-
dered to be engrossed for a third reading to-morrow.
The bill to be entitled An act to encourage and facilitate Internal
Improvements, and to authorize and regulate partnerships for that
purpose, was read second time, and on motion, referred to the Com-
mittee on Internal Improvements.
Senate bill to be entitled An act to incorporate St. John's Lodge
No. 12, in the city of St. Augustine, was taken up and read the third
time, and, on motion, the House resolved itself into Committee of the
Whole for the consideration of a special amendment thereto.
After deliberation, the Committee rose, and by their chairman, Mr.
Long, reported the bill with amendments, and asked to be discharged
from the further consideration thereof; which was concurred in, and
the bill read the second time. On motion, the rule being waived,
the bill was read the third time; and, on the question of its passage,
the vote was:
YEAS-Mr. Speaker, Messrs. Baldwin, Bannerman, Bryant, Burn-
ham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Ho-

68

hart, Jones, Knowles, Landrum, Langford, Maghee, Mathers, Max.
well, McClellan, Moore, Neel, Prevatt, Richards, Richburg, Scott,
Shine Stephens, Summerlin, Taylor of Benton, Taylor of Jefferson,
Tanner, Walker and Wilkinson-36.
NAYS-Mr. Long-1.
So said bill passed-title as stated.
The bill to be entitled An act to alter and change the names ofcer-
tain persons therein named, was read the second time; and, on mo-
tion, the rule being waived, read the third time. On the question of
its passage, the vote was:
YEAS-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Blackburn, Bryant, Burnham, Coleman, Daniel, Divine, Ellis, Fen.
nel, Hawes, Hinson, Hobart, Jones, Knowles, Landrum, Langford,
Long, Magbee, Mathers, Maxwell, McClellan, Moore, Neel, Prevatt,
Richards, Richburg, Scott, Shine, Stephens, Summerlin, Taylor of
Benton, Taylor of Jefferson, Tanner, Walker and Wilkinson-38.
NAYs-Mr. Waterston-1.
So said bill passed-title as stated.
The following message from the Senate was received and ordered
to be read:
SENATE CHAMBER, Dec. 15, 1848.
Hon. Speaker House of Representatives:
SIR-The Senate have ordered seventy.five copies of House bill
entitled An act relating to the mode of appointment and duties of
auctioneers, to be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
House bill to be entitled an act to re-establish the county lines of
St. Johns county, was returned from the Senate, having passed that
body December 13th, 1848-ordered to be enrolled.
Senate bill to be entitled an act reducing the salary of the Go-
vernor's private Secretary, was received and placed among the or-
ders of the day.
Senate resolution for the relief of W. D. Moseley, was received
and. placed among the Orders of the Day.
Mr. Long moved to re-consider the vote of this morning, ordering
to be engrossed for a third reading to-morrow, the bill to be entitled
An act to amend an act for the protection of fisheries on the coast
of Florida; which motion prevailed, and Mr. Long moved to amend
said bill by adding to it as follows:
SEC. 2. Be it further enacted, That all laws or parts of laws in-
consistent with this act, be and the same are hereby repealed.
The amendment was adopted, and the bill read second time as
amended, and ordered to be engrossed for to-morrow.
Mr. Walker moved to adjourn until Monday next, 11 o'clock, A.
M. Upon which, the yeas and nays being called by Messrs. Sum.
merlin and McClellan, were:
YEAS Messrs. Baldwin, Bannerman, Blackburn, Burnham,
Hawes, Maxwell, Richburg, Stephens, Taylor of Jefferson, Walker,
and Wilkinson- 1.

69

NAYs-Mr. Speaker, Messrs. Baisden, Bryant, Coleman, Daniel,
Divine, Ellis, Fennell, Hinson, Hobart, Jones, Knowles, Landrum,
Langford, Long, Magbee, Mathers, McClellan, Moore, Neel, Pre-
vatt, Richards, Scott, Shine, Summerlin, Taylor of Benton, Tanner,
and Waterston-28.
So said motion was lost.
On motion, Mr. Jones obtained leave of absence until Monday next.
The House then adjourned until to-morrow, 10 o'clock, A. M.

SATURDAY, Dec. 16th, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read,
amended, and approved.
Mr. Blackburn gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled An act to provide for the elec-
tion of Judges of Probate by the people.
Mr. Baldwin presented the petition of Edwin V. Page, praying
the refunding to him of certain outlays in the keeping of criminals;
which was read, and on motion, referred to the Committee on
Claims.
Mr. Walker presented the petition of Thomas Langford, respect-
ing the claim of himself and company as volunteers in the Semi.
nole war; which was read, and on motion, referred to the Commit-
tee on Militia.
Mr. Magbee presented the petition of Michael Ledwith, relative
to certain claims of his upon the Tallahassee Fund; which was
read, and on motion, referred to the Committee on Claims.
Mr. Daniel offered a resolution, asking from Congress the grant
of a quarter section of land for the location of the county site of
Washington County; which was read, and on motion, the rule being
waived, read second and third times, and passed.
The following report was read, and concurred in:
The select committee to whom was referred a bill to be entitled
An act for the relief of occupying claimants, beg leave to report :
That they have had the same under consideration, and believe that
the interests of many of the citizens of this State whose settlements
and improvements have been made upon lands supposed to be lands of
the United States, and for a portion of which payment has been made
to the United States; and also, the interest of some citizens of the
State who have settled upon lands unsurveyed, and to which the title
is unknown, requiring legislation for their protection against Spanish
grants and claims, both confirmed and unconfirmed, which now exist,
or are claimed to exist, to large tracts of land, upon portions of which
the said citizens have heretofore peaceably settled, and upon which,
under the present unsettled state of said grants or claims, it is prob-
able further peaceable settlements will be made.

70

It is known to the committee that claims are set up, and are about
to be presented, under color of title from the Spanish Government,
to very large tracts of land, which, if sustained, will, without the in-
tervention of legislation, deprive worthy citizens of their homes and
property, without any compensation therefor, which would be incon.
sistent with the principles of equity and justice.
Under full consideration of the circumstances, the committee re-
commend the passage of the bill submitted to them, as a provision at
law by which the citizens thus situated may be protected upon just
principles. All of which is respectlflly submitted.
J. W. BRYANT,
JOHN SCOTT, Cam.
SGEO. E. McCLELLAN,
The bill was read second time by title, and ordered to be engross-
ed for to-morrow.
ORDERS OF THE DAY.
The bill to be entitled An act to provide for the payment of servi-
ces rendered by overseers of public roads, was read second time, and
on motion, the rule being waived, read third time ; and on the ques-
tion of its passage, the vote was:
YEAS-Mr. Speaker, Messrs. Baisden, Baldwin, Baldwin, Bryant,
Burnham, Coleman, Daniel, Divine, Ellis, Hawes, Hinson, Hobart,
Knowles, Langford, Magbee, iMathers, Maxwell, McClellan, Moore,
Neel, Prevatt, Richards, Richburg, Scott, Shine, Stephens, Taylor of
Benton, Tanner, Walker, Waterston, and Wilkinson-31.
NAYs-Messrs. Blackburn, Fennel, Long, and Summerlin-4.
So said bill passed-title as stated.
The bill to be entitled An act so to amend the Constitution of this
State as to provide for the election by the people of a Judge of Pro-
bate in each county, was read second time, and ordered to be en-
grossed for Monday next.
The bill to be entitled An act to amend the 10th and llth sec-
tions of the Constitution, so far as relates to the disposition of Semi-
nary and Internal Improvement lands,.was read, and on motion, re-
ferred to the Committee on Schools and Colleges.
The bill to be entitled An act to require licenses to be taken out
by persons and subjects not hitherto taxed, was read second time, and
on motion, the House resolved into Committee of the Whole, for
the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr.
Maxwell, reported the bill without amendment, and asked to be dis-
charged from the further consideration thereof; which was concur-
red in, and the bill read second time by title.
Mr. Coleman moved to amend by inserting, in the third line, sec-
tion 1st, printed bill, after the word of" the words "twenty cents
upon every hundred dollars' worth of profits arising from said profes-
sion "; upon the adoption of which, the yeas and nays being called
by Messrs. Coleman and Wilkinson, were:

71

YEAS--Messrs. Coleman, Hawes, Langford, Neel and Wilkin.
son-5.
Na.s-Mr. Speaker, Messrs. Baisden, Blackburn, Bryant, Burn-
ham, Daniel, Divine, Fennel, Hinson, Hobart, Knowles, Landrum,
Long, Magbee, Mathers, Maxwell, McClellan, Moore, Prevatt, Rich-
ards, Richburg, Scott, Shine, Stephens, Summerlin, Taylor of Benton,
Tanner, Walker and Waterston-30.
So said amendment was rejected.
Mr. Bryant moved to amend by striking out all from the word
"brought," in the fifth line, section 1st, to the word "every" in the
6th line; upon which the yeas and nays being called by Messrs.
Coleman and Scott, were:
YEAS-Messrs. Baldwin, Bryant, Burnham, Coleman, Daniel,
Hawes, Knowles, Langford, Neel, Richburg, Scott and Tanner-12.
NAYs-Mr. Speaker, Messrs. Baisden, Blackburn, Divine, Ellis,
Fennel, Hinson, Hobart, Landrum, Long, Maghee, Mathers, Max-
well, McClellan, Moore, Prevatt, Richards, Shine, Stephens, Sum-
merlin, Taylor of Benton, Walker and Wilkinson-23.
So said amendment was rejected.
Mr. Landrum moved to amend by inserting in the 4th line, section
1st, after the word "dollars," the words "every Daguerrean, a tax of
ten dollars." Which amendment was adopted.
Mr. Magbee moved to amend by inserting the words, Every mes-
merist or animal magnetizer five dollars." Upon which, the yeas
and nays being called by Messrs. Baldwin and Summerlin, were:
YEAS-Messrs. Divine, Fennel, Hobart, Knowles, Long, Magbee,
Moore, Neel, Stephens, Summerlin, Tanner, Waterston, and Wilkin-
son-13.
NAYS-Mr. Speaker, Messrs. Baisden, Baldwin, Bryant, Burn-
ham, Coleman, Daniel, Ellis, Hawes, Hinson, Landrum, Langford,
Mathers, McClellan, Prevatt, Richards, Richburg, Scott, Taylor of
Benton, and Walker-20.
So said amendment was rejected.
Mr. Long moved to amend by inserting the words every phre-
nologist a tax of five dollars "; upon which the yeas and nays being
called by Messrs. Coleman and Summerlin, were:
YEAS-Messrs. Divine, Fennel, Knowles, Long, Magbee, Moore,
Neel, Stephens, Summerlin, Taylor ofBenton, Tanner and Waterston
-12.
NAYS-Mr. Speaker, Messrs. Baisden, Baldwin, Bryant, Burn-
ham, Coleman, Daniel, Ellis, Hawes, Hinson, Hobart, Landrum,
Langford, Mathers, Prevatt, Richards, Richburg, Scott, Walker and
Wilkinson-20.
So said amendment was rejected.
Mr. Tanner moved to amend; pending which, Mr. Long moved
the previous question, which being carried, the question was put and
the bill ordered to be engrossed, as amended, for Monday next.
The Resolution asking from Congress the grant of a-quarter sec-

72

tion of land for the county site of Calhoun county, was read second
time, and on motion, the rule being waived, read third time and
passed.
Senate bill to be entitled An act to re-establish the records of the
County of Jackson, and for other purposes, was read, and ordered for
a second reading to-morrow.
The bill to be entitled An act to amend an act to authorize the
sale of the equity of redemption to mortgaged property, and for other
purposes, was taken up, and on motion for its indefinite postpone.
ment, the yeas and nays being called by Messrs. Coleman and Shine,
were :
YEAs-Messrs. Baldwin, Maxwell, Moore, Shine, and Walker-4.
NAYs-Mr. Speaker, Messrs. Blackburn, Bryant, Burnham, Cole-
man, Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Hobart, Knowles,
Landrum, Langford, Long, Magbee, Mathers, Neel, Prevatt, Richards,
Richburg, Scott, Summerlin, Tanner, Waterston, and Wilkinson-27.
So said motion was lost.
A call of the House being previously had, on motion of Mr. Black-
burn, it was ordered that the members absent have permission to re-
cord their votes on the above question at some future time.
Mr. Tanner moved that the bill be made a special order of the
day for Wednesday next. Upon which, the yeas and nays being
called by Messrs. Coleman and Long, the vote was :
YEAs-Mr. Speaker, Messrs. Baldwin, Bryant, Divine, Fennel,
Hinson, Hobart, Knowles, Langford, Long, Mathers, Maxwell,
Moore, Neel, Richards, Richburg, Summerlin, Tanner, and Wal-
ker-19.
NAYs-Messrs. Blackburn, Burnham, Coleman, Daniel, Ellis,
Hawes, Magbee, Prevatt, Scott, Shine, Taylor of Benton, Waters-
ton, and Wilkinson-13. So said motion prevailed.
Senate bill to be entitled An act to grant pre-emption rights to set-
tlers on State lands, was read third time with amendment; and on
the question of its passage, the vote was :
YEAS--Mr. Speaker, Messrs. Blackburn, Bryant, Burnham, Dan-
iel, Divine, Ellis, Fennel, Hawes, Hinson, Hobart, Knowles, Lan.
drum, Langford, Long, Magbee, Mathers, Moore, Prevatt, Richards,
Richburg, Scott, Summerlin, Taylor of Benton, Waterston and Wil.
kinson-26.
NAYs-Messrs. Coleman, Maxwell, Neel, Shine, Tanner and
Walker-5. So said bill passed-title as stated.
Senate bill to be entitled An act reducing the salary of the Gover-
nor's private Secretary, was read and ordered for a second reading
to-morrow.
Senate resolution for the relief of W. D. Moseley, was read and
ordered for a second reading to-morrow.
The bill to be entitled An act to amend act for the protection of the
fisheries on the coast of Florida, was read third time, and on the ques.
tion of its passage the vote was:

73

YEAS-Mr. Speaker, Messrs. Baldwin, Blackburn, Burnham, Dan-
iel, Divine, Ellis, Fennel, Hawes, Hobart, Landrum, Langford, Long,
Magbee, Mathers, Maxwell, Moore, Prevatt, Richards, Richburg,
Scott, Shine, Summerlin, Taylor of Benton, Tanner, Walker, Water-
ston and Wilkinson-28.
NAYS-Messrs. Coleman, Hinson, Knowles and Neel-4.
So said bill passed-title as stated.
The following messages from the Senate were received and or-
dered to be read:
SENATE CIIAMBER, Dec. 16, 1848.
Hon. Speaker House of Representatives:
SIR:--The Senate have concurred in the amendments of the
House to Senate bill entitled an act requiring Solicitors to make re-
ports of the state and progress of cases, civil or criminal, in which
the State is a partly.
Respectfully, C. W. DOWNING, Sec'y Senate.
SENATE CHAMBER, Dec. 16, 1848.
Hon. Speaker House Representatives :
SIR: The Senate have ordered 75 copies of the bill entitled An
act relating to the duties of Tax Assessor and Collectors, and for
other purposes, to be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
Mr. Waterston, the rule being waived, obtained leave to introduce
a bill to be entitled An act concerning the records of Levy county;
which was read and ordered for a second reading to-morrow.
Mr. Blackburn moved that the House adjourn until Monday next
12 o'clock, M.; upon which, the yeas and nays being called by
Messrs. Coleman and Waterston, were :
YEAS- Mr. Speaker, Messrs. Baldwin, Blackburn, Burnham,
Daniel, Divine, Fennel, Hawes, Hinson, Knowles, Landrum, Lang-
ford, Long, Mathers, Maxwell, Neel, Richards, Richburg, Shine,
Tanner and Walker- 21.
NAYs-Messrs. Coleman, Ellis, Magbee, Moore, Prevatt, Scott,
Summerlin, Taylor of Benton, Waterston and Wilkinson-10.
So said motion prevailed, and the House adjourned until Monday
next, 12 o'clock, M.

MONDAY, Dec. 18th, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of Saturday last was
read, amended, and approved.
Mr. William English, having presented the evidence of his elec-
tion as member to the House of Representatives from Dade County,
10

74

was, on motion, sworn in by D. J. Smith, a Justice of the Peace for
Washington County.
Mr. Bryant, pursuant to previous notice, introduced a hill to be en.
titled An act for the benefit of the scrip-holders of the late Territory
of Florida; which was read first time, and on motion, the rule being
waived, read second time by title, and seventy-five copies ordered to
be printed.
Mr. Tanner gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled An act for the relief of W. G. Fair.
cloth.
Mr. Magbee gave notice that he will, on some future day, ask
leave to introduce a bill for the relief of the sheriff and tax collector
and assessor of Hillsborough county.
Mr. Knowles, pursuant to previous notice, introduced a bill'to be
entitled An act to abolish the allowance of tare or gross weight, on
bales of unmanufactured cotton; which was read, and ordered for a
second reading to-morrow.
Mr. Moore, pursuant to previous notice, introduced a bill to be en.
titled An act to authorize the administrators of John W. Du Bose, de-
ceased, to sell real estate; which was read, and, on motion, the rule
being waived, read the second time, and referred to a select commit.
tee consisting of Messrs. Bryant, Moore and McClellan.
Mr. Blackburn, pursuant to previous notice, introduced a bill to be
entitled An act to provide for the election of Judges of Probate by
the people, which was read and ordered for a second reading to-mor.
row.
Mr. McClellan presented the petition of Mrs. M. A. Hardee rel-
ative to certain taxes paid out by her in the county of Columbia;
which was read and referred to a special committee consisting of
Messrs. McClellan, Prevatt, and Taylor of Benton.
Mr. McClellan presented the petition of sundry citizens of the
counties of Columbia and Duval, relative to the establishment of a
mail route from Alligator to Black Creek; which was read and re-
ferred to a special committee consisting of Messrs. McClellan, Bry-
ant and Moore.
Mr. Fennel offered a resolution asking from Congress the grant of
a quarter section of land for Holmes county; which was read and
ordered for a second reading to-morrow.
The following report was concurred in:
The Committee on the Militia, to whom was referred the petition of
Captain Thomas Langford, report:
That it appears, from the evidence before them, that the facts sta-
ted in said petition are true; and, therefore, that the Government of
the United States ought, and are bound in justice and good faith, to
refund, with interest, to said Langford, so much money as he may be
able to show by his vouchers he has paid, as stated in his petition;
and that the United States Government is also bound in justice to
pay to such of the men mentioned in said petition, as said Langford

75

has not already paid, their full pay with interest, for the time they
may be able to show they actually served. Your committee, there-
fore, recommend the passage of the following resolution.
W. M. MAXWELL, Chairman M. C.
JOHN S. DIVINE,
STEPHEN DANIEL,
STEPHEN RICHARDS,
JOHN SCOTT.
The accompanying resolution, urging upon Congress the payment
of the claims of Capt. Thomas Langford and the men under his com-
mand, as Volunteers in the Seminole war, was read and, on motion.
he rule being waived, read second and third time and passed.
The following report was read and concurred in:
The Committee on Schools and Colleges, to whom was referred a bill
to be entitled An act to provide for the establishment of common
schools in this State, report:
That a majority of the Committee recommend the passage of the
bill, and ask to be discharged from the further consideration thereof.
JOHN TANNER, Chairman.
And further consideration of the bill was postponed for the present.
The following report was read and concurred in:
The Committee on Finance and Public Accounts, to whom was re-
ferred a bill to be entitled An act to repeal an act to amend the seve-
ral acts to raise a revenue for this State, approved July 24th, 1845,
and December 27th, 1845, approved January 8, 1848, beg leave to
report the same back to the House without amendment.
Respectfully submitted. J. W. BRYANT, Chairman.
The bill was read second time, and ordered to be engrossed for
to-morrow.
The following messages from the Senate were read:
SENATE CHAMBER, Dec. 16, 1848.
Hon. Speaker House Representaiives:
SIn: The Senate have ordered seventy-five copies of the bill tobe
entitled An act relating to fines, forfeitures, costs, and other moneys
adjudged to the State, to be printed.
Respectfully, C. W. DOWNING, Sec'y Senate.
SENATE CIIABER, Dec. 18, 1848.
Hon. Speaker House Representatives:
SI : The Senate have ordered seventy-five copies of the follow-
ing bills to be printed:
An act to be entitled An act establishing a Common School sys-
tem for the State of Florida; and
An act to compel the Judges of the Circuit Courts to hold the
terms of Court at the times and places prescribed by law; and, also,
Abill to be entitled An act to prescribe an equal and uniform mode
of taxation, and for other purposes.
Respectfully, C. W. DOWNING, Sec'y Senate.

76

House Resolution asking Congress to grant a quarter section of
land to Benton county for locating its county site, &c., was returned
from the Senate, having passed that body December 16, 1848. Or.
dered to be enrolled.
Senate bills to be entitled An act to amend an act entitled an act
to prevent the circulation of change bills, approved March 15, 1844;
An act to declare East River, in Walton county, a navigable stream;
An act to exempt from taxation, for five years, certain property in the
city of Pensacola; and An act to repeal the road laws in and for the
county of Franklin; were read and placed among the orders of the
day.
ORDERS OF THE DAY.
The bill to be entitled An act for the relief of occupying claimants
was read third time, and on motion the. House resolved itself into com-
mittee of the whole for the consideration of'a special amendment
thereto.
After deliberation, the committee rose, and by their chairman, Mr.
English, reported the bill with amendments, and asked to be discharge.
ed from the further consideration thereof. Which was concurred in.
The bill was read as amended, which was decided by Mr. Speak-
er to be the second reading; and upon appeal therefrom, the decision
of the Chair was overruled by the House, and such reading, as afore-
said, declared to be the third.
On the question of the passage of the bill, the vote was:
YEAs-Mr. Speaker, Messrs. Baisden, Bryant, Coleman, Ellis,
Fennel, Hinson, Knowles, Landrum, Langfbrd, Long, Magbee,
Mathers, McClellan, Moore, Prevatt, Richards, Richburg, Scott,
Shine, Stephens, Summerlin, Taylor of Benton, Tanner, Walker,
Waterston, and Wilkinson-27.
NAYs-Messrs. Baldwin, Bannerman, Blackburn, Burnham,
Daniel, Divine, Hawes, Hobart, Maxwell, and Neel-10.
So said bill passed-title as stated.
On motion, the House then took recess until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House met-quorum present.
The bill to be entitled An act to require licenses to be taken out
by persons and subjects not hitherto taxed, was read the third time,
and, on the question of its passage, the vote was :
YEAs-Mr. Speaker, Messrs. Baldwin, Bannerman, Burnham,
Daniel, Divine, Ellis, Hawes, Hinson, Hobart, Landrum, Mathers,
McClellan, Moore, Prevatt, Richards, Richburg, Stephens, Summer.
lin, Taylor of Benton, Walker and Waterston-22.
NAYS Messrs. Baisden, Coleman, Langford, Long, Magbee,
Neel, Scott, Shine, Tanner and Wilkinson-10.
So said bill passed-title as stated.
Senate bill to be entitled An act to re-establish the records of the

77

county of Jackson, and for other purposes, was read the second tine
by title, and Mr. Tanner moved to amend by inserting after the 10th
section as follows:
SEC. 11. Be it further enacted, That, until a seal of office is pro-
vided for the Clerk of the Circuit Court of said county, his private
seal shall be sufficient in all cases where a seal is required by law.
Strike out in the last section figure 11," and insert figure 12,"
so as to read section 12.
Which was adopted. The bill was read a second time as amended,
and, on motion, the rule being waived, read third time. On the
question of its passage, the vote was:
YEAS-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Burnham, Colemran, Daniel, Divine, Ellis, Fennel, Hawes, Hinson,
Hobart, Landrum, Langford, Long, Magbee, Mathers, McClellan,
Moore, Neel, Prevatt, Richards, Richburg, Scott, Shine, Stephens,
Summerlin, Taylor of Benton, Tanner, Walker, Waterston and Wil;
kinson-33.
NAYs-None.
So said bill passed. Title as stated.
Senate bill to be entitled An act reducing the salary of the Gov-
ernor's private Secretary, was read second time, and ordered for a
third reading to-morrow.
Senate resolution for the relief of W. D. Moseley, was read the
second time, and on motion, referred to the Committee on Claims.
The bill to be entitled An act concerning the records of Levy
County, was read second time, and ordered for a third reading to-
morrow.
House resolution urging upon Congress the payment of the claims
of Capt, Thomas Langford and his men, as volunteers in the Semi-
nole war, was returned from the Senate, having passed that body,
December 18th, 1848-the message ordered to be read, and the bill
to be enrolled.
The following message from the Senate was received and ordered
to be read :
SENATE CHAMBER, Dec. 18, 1848.
Hon. Speaker House Representatives:
SIR: The Senate have passed enclosed House bill, to be entitled
An act to extend the tenure of the office of Register of Public Lands,
Treasurer, and Comptroller of Public Accounts, with the following
amendments :
Amend the title by striking out the words Treasurer and Comp-
roller of Public Accounts ;" also, strike out the words "those offi-
cers," in second line, second section, and insert 'the Register;' also,
Strike out the words their offices in second section, fourth line,
and insert his office in which the concurrence of the House is
requested. Respectfully,
C, W. DOWNING, Sec'y Senate.

78

The amendments were concurred in, and the bill ordered to be
enrolled as amended.
Senate bill to be entitled An act to provide for compensation of
physicians for professional attendance on Coroner's inquests, was
received and placed among the orders of the day.
The bill to be entitled An act so to amend the Constitution of this
State, as to provide for the election, by the people, of the Judge of
Probate in each county, was read third time, and, on motion of Mr.
Baldwin, it was laid on the table.
On motion, the House then adjourned until to-morrow, 10 o'clock,
A. M.

TUESDAY, December 19th, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read,
amended, and approved.
On motion of Mr. Coleman, ordered that Mr. Langford have leave
of absence from Saturday next until Tuesday evening next.
Mr. Baldwin, pursuant to previous notice, introduced a bill to be
entitled An act in relation to pilotage; which was read, and ordered
for a second reading to-morrow.
Mr. Shine gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled An act to change the mode of sum.
morning and selecting jurors, and for other purposes.
Mr. Coleman, the rule being waived, obtained leave to introduce a
bill to be entitled An act to alter and change the time of holding the
Circuit Courts in the Middle Circuit; which was read, and ordered
for a second reading to-morrow.
Mr. Walker, the rule being waived, obtained leave to introduce a
bill to be entitled An act to incorporate a bank in the City of Talla-
hassee ; which was read, and on motion, the rule being waived, read
second time, and seventy-five copies ordered to be printed.
Mr. Mathers presented the petition of James M. Smith, and other
citizens of Wakulla County, praying the change of the county site
of that county ; which was read, and on motion, referred to a select
committee, consisting of Messrs. Mathers, Walker, and Shine.
On motion of Mr. Bryant, the bill to be entitled An act for the
benefit of the scrip-holders of the late Territory of Florida, was re-
ferred to a select committee, consisting of Messrs. Bryant, Baldwin,
and Coleman.
Mr. Burnham offered a resolution relative to a contemplated mail
route in the County of St. Lucie; which was read, and ordered for
a second reading to-morrow.
The following reports were made, and concurred in:

"79

The Committee on Finance and Public Accounts, to whom was re-
ferred a report on the subject of international exchanges by Alex-
ander Vattemare, beg leave to report:
That, upon examination, they discover it to be entirely in reference
to literary and scientific objects ; and, therefore, deem it not within
their province for consideration, and respectfully request to be per-
mitted to return the same to the House, without further deliberation
or action thereon.
Respectully submitted. J. W. BRYANT, Chairman.
The Committee on Judiciary, to whom was referred a bill entitled
An act to amend the act concerning roads and highways, passed at
the adjourned session 1845, and approved on the- day of- ,
1845, beg leave to report:
That they have given the same consideration, and report the same
with amendments. DAVID S. WALKER, Chairman.
December 18, 1848.
The bill was ordered to be placed among the orders ot the,day.
The Judiciary Committee reported a bill to be entitled An act to
revive the sixth section of the act entitled An act to organize the Cir-
cuit Courts of the State of Florida, and to repeal the first section of
the act of 1848, repealing said sixth section; which was read, and on
motion, the rule being waived, read second time by title, and ordered
to be engrossed for to-morrow.
Mr. Tanner, the rule being waived, offered a resolution for the
benefit of W. J. Faircloth; which was read, and on motion, the rule
being waived, read second time, and referred to the Committee on
Propositions and Grievances.
The following report was read, and concurred in:
The Committee on Internal Improvements, to whom was referred the
bill to be entitled An act to facilitate Internal Improvements, and au-
thorize and regulate partnership for that purpose, ask leave to report:
That they are fully of opinion, that it is essential for the prosperi-
ty of this State, that a liberal system of internal improvements should
be encouraged. The adoption of the above bill would offer the
means of accelerating the first and greatest object in contemplation.
The utility of erecting a railroad from some point on the Gulf to the
Atlantic, is a work which invites the attention of the entire South,
and, indeed, may be considered as a great national work. Many and
heavy losses are sustained by vessels passing the Capes of Florida.
This great commercial thoroughfare would, to a great extent, if not
entirely, prevent those unavoidable losses, by offering a more safe
and direct means of transportation. In addition to the above advan-
tages, it would afford the most expeditious mode of travel and trans.
portion of the mail from North to South, than any other that can be
conceived with the same capital. Steamers can ply from the North
to the railroad, and from.the same, to any or all the Southern Cities,
thus uniting the North and South by a direct line of communisa-
tion. This important work is of such vital importance to this, State,

80*

and the whole nation, that it ought not to be neglected by the pres.
ent General Assembly. Therefore, for the accomplishment of this
useful enterprise, and many others that might be conceived under the
provisions of the bill herein submitted, we fully concur in recommend.
ing its passage, as the most expeditious and certain mode whereby
this great and useful improvement can be effected.
JOHN SCOTT, Chairman Com. Int. Imp.
JOHN WATERSTON,
STEPHEN DANIEL,
E. M. MOORE,
J. M. LANDRUM,
E. E. BLACKBURN.
The bill was ordered to be placed among the orders of the day.
The following report from a select committee was read and con-
curred in:
The select committee, to whom a bill, to be entitled An act for the
relief of James M. Bates, late sheriff of Benton county and State of
Florida, was referred, ask leave to report:
That they have had the same under consideration, and find, upon
a thorough examination of the books and accounts in the Comptrol-
ler's office, that the sum of eighty-five dollars is therein charged
against the said James M. Bates, as aforesaid, for the fines and so-
licitors' fees in the cases of the State of Florida against Peter Peter.
son upon a charge of assault and battery, and the State of Florida
against Isaac Garrison upon two separate charges of extortion ; and
they also find, upon an examination of the report made by the said
James M. Bates, sheriff as aforesaid, that he has used due diligence
in trying to collect said fines and solicitors' fees, but has been unable
to collect them, for the reason that the said Peter Peterson and Isaac
Garrison are insolvent; and they also find, upon examining the ac-
counts of the said James, M. Bates in the case of the State of Florida
against Adeline Boyd, upon a charge of murder, that although some
of the items therein charged as his cost and contingent expenses in
arresting the prisoner and summoning witnesses, beyond the limits
of his county, they were done and performed by him in good faith-
and that without this service upon his part, the said accused, Adeline
Boyd, and witnesses may have absconded so that the ends of justice
could not have been had.
Inasmuch, therefore, as the said services were performed by the
said James M. Bates, as aforesaid, in good faith, and for the purpose
of bringing the offender to justice, notwithstanding that all of said
charges are not within the purview of our statutes, we deem them as
reasonable and right, and recommend said bill for his relief to your
favorable consideration, without amendment.
G. E. McCLELLAN, Chairman,
J. S. TAYLOR,
JAMES T. MAGBEE.
And the bill was placed among the orders of the day.

81

House resolution asking from Congress the grant of a quarter sec-
tion of land for the county site of Calhoun county, also House resolution
urging upon Congress the passage of a law granting a quarter sec.
tion of land to the county of Washington for the purpose of locating
a county site thereon, were returned from the Senate, having passed
that body December 18, 8848. Ordered to be enrolled.
ORDERS OF THE DAY.
The bill to be entitled An act to abolish the allowance of tare or
gross weight on bales of unmanufactured cotton, was read second
time, and, on motion, referred to the Committee on Agriculture.
The bill to be entitled An act to provide for the election of Judges
of Probate by the people, was read second time, and seventy-five co-
pies ordered to be printed.
The resolution asking from Congress a grant of a quarter section
of land for Holmes county, was read second time, and, on motion.
the rule being waived, read third time and passed.
The bill to be entitled An act to provide for the establishment of
common schools in this State, was read second time, and, on motion,
the House resolved itself into committee of the whole for the consider.
ration of a special amendment thereto.
After deliberation, the committee rose, and by their chairman, Mr.
Bannerman, reported progress and asked leave te sit again; which
was concurred in, and further consideration of the bill postponed un-
til to-morrow.
The bill to be entitled An act to repeal an act to amend the seve-
ral acts to raise a revenue for the State, approved January 8, 1848,-
was read third time, and, on the question of its passage, the vote was .
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Blackburn, Bryant, Coleman, Daniel, Divine, Ellis, English, Fennel,
Hawes, Hinson, Hobart, Jones, Knowles, Landrum, Langford, Long,
Magbee, Mathers, Maxwell, McClellan, Moore, Neel, Prevatt, Rich-
ards, Richburg, Scott, Shine, Stephens, Summerlin, Taylor of Ben-
ton, Tanner, Waterston and Wilkinson-37.
NAYs-Mr. Burnham,-1.
So said bill passed-title as stated.
Senate bills to be entitled An act to amend an act entitled an act to
prevent the circulation of change bills, approved 15th March, 1844;
An act to declare East River, in Walton county, a navigable stream:
An act to exempt from taxation, for five years, certain property in the
city of Pensacola; An act to repeal the road laws in and for the
county of Franklin-were read and ordered for a second reading to-
morrow.
Senate bill to be entitled An act reducing the salary of the Gov-
ernor's Private Secretary, was read third time, and, on motion, the
House went into committee of the whole for the consideration of a
special amendment thereto.
After deliberation, the Committee rose, and by their chairman.
11

82

Mr. Magbee, reported the bill with amendments, and asked to be
discharged from the further consideration, which was concurred in.
The bill was read third time as amended; and on the question of
its passage, the vote was :
YEs--Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman, Black,
burn, Burnham, Bryant, Daniel, Ellis, English, Fennel, Hawes, Hin.
son, Hobart, Jones, Knowles, Landrum, Langford, Long, Magbee,
Mathers, McClellan, Neel, Prevatt, Richards, Richburg, Scott, Shine,
Summerlin, Waterston, and Wilkinson-31.
NAYs-Mr. Divine-1.
So said bill passed-title as stated.
The bill to be entitled An act concerning the records of Levy
County, was read third time; and on the question of its passage, the
vote was :
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Blackburn, Burnham, Daniel, Divine, Ellis, Fennel, Hawes, Hinson,
Hobart, Jones, Knowles, Landrum, Langford, Long, Magbee, Math.
ers, McClellan, Neel, Prevatt, Richards, Richburg, Scott, Shine,
Summerlin, Taylor of Benton, Waterston, and Wilkinson-31.
NAYs-None.
So said bill passed-title as stated.
Senate bill to be entitled An act to provide for compensation of
physicians, for professional attendance on coroners' inquests, was
read, and ordered for a second reading to-morrow.
Senate billto be entitled An act to amend an act concerning roads
and highways, passed at the adjourned session of 1845, was read
"second time, and ordered for a third reading to-morrow.
The bill to be entitled an act to encourage and facilitate internal
improvements, and to authorize and to regulate partnerships for thai
purpose, was read second time, and on motion, the House resolved
itself into Committee of the Whole, for the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr.
Shine, reported progress, and asked leave to sit again, which was
concurred in.
Mr. Baldwin moved that the House adjourn until to-morrow, 10
o'clock, A. M. Upon which, the yeas and nays being called by
Messrs. McClellan and Bryant, were:
YEAS-Messrs. Baisden, Baldwin, Burnham, Daniel, Knowles
Langford, Stephens, Tanner-8.
NAYs-Mr. Speaker, Messrs. Bannerman, Bryant, Coleman, Di.
vine, Ellis, Hawes, Hinson, Landrum, Long, Magbee, Mathers, Max.
well, McClellan, Moore, Neel, Prevatt, Richards, Richburg, Scott
Shine, Summerlin, Taylor of Benton, and Waterston-24.
So said motion was lost, and the bill to be entitled An act for the
relief of James M. Bates, was read second time, and ordered to be
engrossed for tomorrow.
On motion, the House adjourned until 10 o'clock to-morrow.

83

WEDNESDAY, December 20th, 1848.
The House met pursuant to adjournment, and the roll being
called, there was a quorum present.
After prayer by the Rev. Mr. Neill, the journal of yesterday was
read, amended, and approved.
Mr. Neel gave notice that he will, at some future day, ask leave
to introduce a bill to be entitled An act to amend an act regulating
the mode of proceeding on attachments.
On motion of Mr. Blackburn, Mr. English was placed on the
Committee on Claims and Elections.
Mr. Fennel presented the petition of sundry citizens of Holmes
County, praying the release from taxation of W. J. Keith; which
was read, and on motion, referred to a select committee, consisting
of Messrs. Fennel, Landrum, and Blackburn.
Mr. Tanner offered the following resolution:
Resolved, That the General Assembly (the Senate concurring)
shall proceed to vote for a United States Senator to-day, at 12 o'-
clock; also, for Solicitors of the several Judicial Circuits.
Mr. Bryant moved to amend, by striking out the words "United
States Senator." Upon which, the yeas and nays being called by
Messrs. Blackburn and Langford, were:
YEAS Messrs. Baisden, Blackburn, Bryant, Burnham, Coleman,
Daniel, Divine, Ellis, Hawes, Hobart, Magbee, McClellan, Prevatt,
Richards, and Taylor of Benton-15.
NAYs-Mr. Speaker, Messrs. Bannerman, English, Fennel, Hin-
son, Jones, Knowles, Landrum, Langford, Long, Mathers, Maxwell,
Moore, Neel, Richburg, Scott, Shine, Stephens, Summerlin, Tanner,
"Walker, Waterston, and Wilkinson-23.
So said amendment was lost.
Mr. Blackburn moved to amend, by striking out the words to-
day," and inserting in lieu thereof, the words on Wednesday next;"
which amendment was rejected by the House.
Mr. Blackburn moved to amend, by striking out the word to-day,'
and inserting "on Tuesday next;" pending which, Mr. Tanner
moved the previous question. Mr. Speaker decided that the previous
question was on the adoption of the resolution, and not on the adop-
tion of the amendment.
From which decision an appeal was taken; and the yeas and
nays upon sustaining the decision of the Chair, being called by
Messrs. Blackburn and Baldwin, were:
YEAs-Messrs. Baisden, Bannerman, Bryant, Burnham, Coleman,
Daniel, Divine, Ellis, English, Fennel, Hawes, Hinson, Jones,
Knowles, Landrum, Langford, Long, Magbee, Mathers, McClellan,
Maxwell, Mooie, Neel, Prevatt, Richards, Richburg, Scott, Shine,
Stephens, Summerlin, Taylor of Benton, Tanner, Walker, Water.
ston, and Wilkinson-35.
NAYS-Messrs. Baldwin, Blackburn, and Hobart-3.
So the decision of the Chair was sustained; and on the question,

84

" shall the main question be now put ?" the previous question was
sustained by the House. On the adoption of the original resolution,
the yeas and nays being called by Messrs. Baldwin and Blackburn,
were :
YEAs-Mr. Speaker, Messrs. Bannerman, Fennel, Hinson, Jones,
Knowles, Landrum, Langford, Long, Mathers, Maxwell, Moore,
Neel, Richburg, Scott, Shine, Stephens, Summerlin, Tanner, Wal.
ker, Waterston, and Wilkinson-22.
NAYs-Messrs. Baisden, Baldwin, Blackburn, Bryant, Burnham,
Coleman, Daniel, Divine, Ellis, English, Hawes, Hobart, Magbee,
McClellan, Prevatt, Richards, and Taylor of Benton--17.
So said resolution was adopted.
The following report was read, and concurred in:
The Judiciary Committee, to whom was referred engrossed Senate
bill to be entitled An act relating to capital punishment, beg leave
to report:
That they have had the same under consideration, and recommend
that said bill be amended by striking out all of the first section ex.
cept the enacting clause, and the words "be it further enacted," of
the second section, so as to make the second section take the place
of the first section stricken out.
Your committee also recommend that the whole of the fourth sec-
tion be also stricken out, and that the following be inserted in lieu
thereof, to wit:
Sec. 8. Be it further enacted, That in all cases where any person
has been, or may hereafter be convicted of any capital offence, and
sentence of death passed, the Governor may, upon recommendation
of the jury, or for other good cause, commute the punishment by sub-
stituting imprisonment for a term not less than one year, or fine not
less than five hundred dollars.
These amendments being made, your committee recommend the
passage of the bill. D. S. WALKER, Chairman.
The bill was placed among the orders of the day.
The following report was read, and concurred in:
The Committee on Propositions and Grievances, to whom was re-
ferred a resolution for the relief of W. J. Faircloth, have had the
same under consideration, and recommend :
That the Register of Public Lands be instructed to refund to said
Faircloth the amount with interest which has been overpaid for a
certain tract of land, purporting to be seventy acres, and which is
proven by accompanying certificate of County Surveyor for Jackson
County, to contain only twenty acres and three-quarters.
The committee report the resolution without amendment, and ask
to be discharged from the further consideration of the same.
N. A. LONG, Chairman Com. on Prop. 4d Grievances.
And the resolution was placed among the orders of the day.
The following report was read and concurred in :

85

The Committee on Claims, to whom was referred the petition of
Louis H. Miller, beg leave to report :
That, by the law organizing the County of Holmes, approved 8th
January, 1848, sec. 9, it is implied that a census was necessary to
be taken, in order to ascertain whether that county was entitled to a
representative in the General Assembly. That, upon application at
the office of the Secretary of State, your committee learn that the
petitioner did take and duly return a census, showing the number of
white persons to be 1,418, and slaves 132-total, 1,550. That it ap-
pears proper the petitioner should be paid for such labor-and as the
county is new, and necessarily at present burdened with expenses, it
is perhaps proper the State should pay for the service. Your com-
mittee, therefore, recommend the passage of the accompanying bill,
providing tor his payment, at the rates heretofore paid for such ser-
vice. S. F. JONES, Chairman.
And the bill to be entitled an act for the relief of Lewis H. Mil-
ler, for taking the census of Holmes County in 1848, was read, and
ordered for a second reading to-morrow.
The following report was read:
The Committee upon Enrolled Bills report the following bills and
resolutions, after a careful examination of the same, as correctly en-
rolled, to wit:
A bill to be entitled An act to re-establish the county lines of St.
Johns county;
A bill to be entitled An act to empower Green R. Farmer and
William T. Pebles to assume the management of their own estates;
A bill to be entitled An act to amend the 12th clause of the 5th
article of the constitution of this State, so that the Judges of the Cir-
cuit Courts shall hold their offices for a term of eight years, instead
of during good behavior;
A bill to be entitled An act to locate the county site of Benton
county;
A resolution appointing a committee to examine the offices of
Treasurer and Comptroller;
"A resolution providing for the refunding of certain overpaid taxes;
"A resolution requesting our Senators and Representative in Con-
gress to ask an appropriation by Congress to pay the officers and
men composing the companies of Captains Bush, Price and Suarez,
for services rendered in the Seminole war during the years 1838 and
1839. JOHN COLEMAN, Chairman.
The following report was read, and concurred in:
The select committee, to whom was referred the petition of John E.
Wiggins, H. R. Alford, and eighty-three other citizens of Colum-
bia and Duval counties, ask leave to report:
That they have had the same under consideration, and believe the
prayer of the petitioners ought to be granted, and therefore recom-

86

mend the adoption of the following preamble and resolutions. All of
which is respectfully submitted.
GEO. E. McCLELLAN,
J. W. BRYANT, Committee.
E. M. MOORE,
The accompanying resolutions were read, and ordered for a second
reading to-morrow.
The following message from the Senate was read:
SENATE CHAMBER, December 20, 1848.
Hon. Speaker House Representatives:
Sm :-The Senate have ordered to be printed 75 copies of a bill
to be entitled an act to encourage and facilitate the construction of
a Rail Road from Reed's bluff, on the St. Mary's river, to Pensaco-
la, and to authorize and regulate partnerships for that purpose.
Respectfiilly, C. W. DOWNING, Sec'y Senate.
Senate bill to be entitled An act to provide for the election of a
keeper of public archives in the Cities of St. Augustine and Pensa.
cola, and to prescribe their duties, &c., was read, and placed among
the orders of the day.
Senate bill to be entitled An act to repeal the second section of an
act supplementary to and extending the provisions of an act assenting
to the purchase, by the United States, and ceding to the same jurisdic-
tion, of certain lands on the island of Key West, for the purpose de-
signated in said act, approved July 8, 1845, was read and placed
among the orders of the day.
The following message from the Senate was read:
SENATE CHAMBER, December 19, 1848.
Hon. Speaker House Representatives:
SIR: The Senate have ordered to be printed 75 copies of a bill to
be entitled An act to provide for the increase, investment, safe keep-
ing, and disbursement of the common school fund.
Respectfully, C. W. DOWNING. Sec'y Senate.
Senate bill to be entitled An act to empower Wm. Newson to as-
sume the management of his own estate, was read and placed among
the orders of the day.
House bill to be entitled An act prescribing the time for which
the lands seized for taxes shall be advertised for sale, was returned
from the Senate, having been lost in that body December, 20, 1848.
ORDERS OF THE DAY.
The bill to be entitled An act to amend an act to authorize the sale
of the equity of redemption to mortgaged property, and for other pur-
poses, was taken up, and Mr. Baldwin offered the following amend-
ment:
Sec. 6. Be it further enacted, That a right of redemption in any
property mortgaged to secure the payment of bonds of the Territory
of Floriaa, issued in favor of any alleged banking incorporation or
institution, for its accommodation, or guaranteed by the Territory of

87

Florida for the accommodation of any alleged banking incorporation
or institution, shall in no case be sold under execution at law, unless
provision be first made in the manner following: to pay and discharge
the mortgage debt by delivery of a sufficient number of Territorial
bonds to be cancelled; and it shall be the duty of the court to order
a sale of sufficient of the mortgaged property to pay and discharge
the mortgage debt aforesaid; and in all such cases the defendant in
execution shall be entitled to the depreciation of the Territorial bonds
or bank notes.
Pending the consideration of which, on motion, further action on
the bill was postponed until to-morrow.
The bill to be entitled An act in relation to pilotage, was read se-
cond time, and ordered to be engrossed for to-morrow.
The bill to be entitled An Act to alter and change the time of hold-
ing the Circuit Courts in the Middle Circuit, was read second time,
and on motion, the rule being waived, read third time; and on the
question of its passage, the vote was :
YEAs--Mr. Speaker, Messrs. Baisden, Baldwin, Bryant, Coleman,
Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Hobart, Jones,
Knowles, Landrum, Langford, Magbee, Mathers, McClellan, Moore,
Neel, Prevatt, Richards, Richburg, Scott, Shine, Stephens, Summer-
lin, Taylor of Benton, Tanner, Walker, Waterston and Wilkinson
-34.
NAYS-Mr. Bannerman-1.
So said bill passed-title as stated.
The resolution relative to a contemplated mail route in the county
of St. St. Lucie, was read second time, and Mr. English moved to
amend as follows : Add to the end thereof the words, and also from
Fort Pierce to Cape Florida in Dade county;" which was adopted.
On motion, the rule being waived, the resolution was read third
time and passed.
The bill to be entitled An act to revive the sixth section of the
act entitled an act to organize the Circuit Courts of the State of
Florida, and to repeal the first section of the act of 1848, repealing
said sixth section, was read third time, and Mr. Bryant moved for its
indefinite postponement. On which, the yeas and nays being.called
by Messrs. Baldwin and Waterston, were:
YEAs-Messrs. Bannerman, Bryant, Ellis, Long, Mathers, Mc-
Clellan, Prevatt, Richards, Richburg, Scott, Shine, Summerlin, Tan-
ner and Waterston-14.
NAYs-Mr. Speaker, Messrs. Baisden, Baldwin, Burnham, Cole-
man, Daniel, Divine, English, Hawes, Hinson, Hobart, Jones,
Knowles, Landrum, Langford, Magbee, Maxwell, Neel, Stephens,
Taylor of Benton, Walker and Wilkinson-22.
So said motion was lost.
On the question of the passage of the bill, the vote was :
YEAs- Messrs. Baldwin,. Coleman, Daniel, Divine, English,

88

Hawes, Hinson, Langford, Long, Maxwell, Neel, Stephens an(
Walker-13.
NAYS-Mr. Speaker, Messrs. Baisden, Bannerman, Bryant, Burn
ham, Ellis, Fennel, Hobart, Jones, Knowles, Landrum, Magbee
Mathers, McClellan, Moore, Prevatt, Richards, Richburg, Scott
Shine, Summerlin, Taylor of Benton, Tanner, Waterston and Wil
kinson-25.
So said bill was lost.
The bill to be entitled An act to provide for the election of Judge!
of Probate by the people, was taken up, and, on motion, referred t(
the Judiciary Committee.
Senate bills to be entitled An act relating to fines, forfeitures, cost!
and other moneys adjudged to the State, and An act amendatory o
the several acts of limitation in force in this State, were received
the message ordered to be read, and the bills placed among the order,
of the day.
House bill to be entitled An act to alter and change the names o
certain persons therein named, was returned from the Senate, having
passed that body December 20, 1848. Ordered to be enrolled.
Senate bill to be entitled An act to provide for the sale of the six
teenth sections granted by Congress to the State for the support o
public schools, and for consolidating the school fund, was receive
and ordered to be read. On motion, the rule being waived, the bil
was read second time, and, on motion, the House went into commit
tee of the whole for the consideration thereof.
After deliberation, the committee rose, and, by their Chairman
Mr. Stephens, reported progress, and asked leave to sit again whict
was concurred in.
On motion, the House took recess until 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House met and again went into committee of the whole upor
the bill last under consideration.
After deliberation, the committee rose, and by their chairman, Mr
Stephens, reported the bill without amendment, and asked to be dis
charged from the further consideration thereof. Which was carried
The bill was read second time by title, and Mr. Long moved tc
strike out the last section, which was lost.
Mr. Long moved to amend by adding as follows:
SEC. 4. Be it further enacted, That the proceeds arising from the
sale of school lands, shall be appropriated to the education of the
children of the respective townships in which the lands sold were
situated. Upon which, the yeas and nays being called by Messrs.
Long and Jones, were:
YEAs-Messrs. Bannerman, Divine, English, Jones, Landrum
Long, Mathers, Maxwell, Neel, Stephens, Tanner, and Walker-12,
NAYs-Mr. Speaker, Messrs. Baisden, Baldwin, Burfiham, Cole.

man, Daniel, Ellis, Fennel, Hawes, Hinson, Hobart, Langford, Mag.
bee, McClellan, Moore, Prevatt, Richburg, Scott, Summerlin, Taylor
of Benton, Waterston, and Wilkinson-22.
So said amendment was rejected.
Mr. Coleman moved that the rule be waived, so that the bill might
be read third time; on which, the yeas and nays being called by
Messrs. English and Summerlin, were:
YEAS-Messrs. Baisden, Baldwin, Burnham, Coleman, Daniel,
Ellis, Fennell, Hawes, Hobart, Jones, Langford, Magbee, McClellan,
Moore, Prevatt, Richards, Richburg, Scott, Summerlin, Taylor of
Benton, Waterston, and Wilkinson-22.
NAYs-Mr. Speaker, Messrs. Bannerman, Divine, English, Hin-
son, Landrum, Long, Mathers, Maxwell,.Neel, Stephens, Tanner,
and Walker-13.
There not being three-fourths of all the votes in favor of said mo-
tion, it was lost, and the bill was ordered to be read third time to-
morrow.
The bill to be entitled An act to incorporate a bank in the city of
Tallahassee, was taken up, and, on motion, referred to the Commit.
tee on Finance.
The bill to be entitled An act to provide for the establishment of
common schools in this State, was taken up, and, on motion, the
House went into committee of the whole for the consideration thereof.
After deliberation, the committee rose, and, by their chairman, Mr.
McClellan,.rose and reported the bill without amendment, and asked
to be discharged from the further consideration thereof.
Mr. Coleman moved to amend by inserting at the end of the third
section : Provided said expenses do not exceed the sum of three hun-
dred dollars. Which was adopted.
Mr. Long moved to amend by striking out all after the word ap.
pendages" in the 15th line of the 3d section, to the word eighth"
in the 16th line of same section. Which was adopted.
Mr. Long moved to amend by striking out the 12th clause of the
10th section, which was lost. The bill was ordered to be engrossed
for a third reading to-morrow as amended.
Senate bill to be entitled An act to amend an act entitled an act to
prevent the circulation of change bills, approved March 15, 1844,
was read second time, and, on motion, referred to a select committee
consisting of Messrs. Hobart, Daniel and Coleman.
Senate bills to be entitled An act to declare East River, in Walton
county, a navigable stream; An act to exempt from taxation for five
years certain property in the city of Pensacola; and An act to repeal
the road laws in and for the county of Franklin, were read second
times, and ordered to a third reading to-morrow.
Senate bill to be entitled An act to provide for compensation of
physicians for professional attendance on coroners' inquests, was
read second time and ordered to a third reading to-morrow.'
The bill to be entitled An act concerning roads and highways,
12

90

passed at the adjourned session of 1845, was read third time, and, oi
the question of its passage, the vote was :
YEAS-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman, Burn
ham, Coleman, Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Ho
bart, Knowles, Landrum, Langford, Long, Magbee, Mathers, Max
well, McClellan, Moore, Neel, Prevatt, Richards, Richburg, Scott
Stephens, Summerlin, Taylor of Benton, Tanner, Walker, Water
ston and Wilkinson-34.
NAYs-None.
So said bill passed-title as stated.
The bill to be entitled An act to encourage and facilitate internal
improvements, and to authorize and regulate partnerships for tha
purpose, was taken up, an'd, on motion, made a special order of th(
day for to-morrow.
The bill to be entitled An act for the relief of James M. Bates, was
read third time, and, on the question of its passage, the vote was :
YEAs-Mr. Speaker, Messrs. Baldwin, Bannerman, Burnham
Coleman, Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Hobart
Knowles, Landrum, Langford, Magbee, Mathers, Maxwell, McClel
lan, Moore, Neel, Prevatt, Richards, Richburg, Scott, Stephens
Summerlin, Taylor of Benton, Tanner, Waterston and Wilkinson-
31.
NAYs-Mr. Walker-1.
So said bill passed-title as stated.
On motion, leave of absence from Friday next until Tuesday eve.
ning next, was granted to Mr. Baisden.
On motion, the House adjourned until to-morrow, 10 o'clock, A
M.

THURSDAY, Dec. 21st, 1848.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read,
amended, and approved.
Mr. Burnham gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled An act amendatory of the pi.
lot's laws now in force in this State.
Mr. Prevatt gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled An act to amend an act enti-
tled an act to provide for the payment of jurors and State witnesses,
and for other purposes.
Mr. Walker gave notice that he will, on some future day, intro-
duce a bill to be entitled An act to incorporate the Florida and Geor-
gia Railroad Company.
Mr. Tanner, the rule being waived, introduced bills to be entitled
An act to empower George P. Keyes, a minor, to assume the man-
agement of his own estate; and

91

An act for the relief of Nathan S. Watson, John T. Myrick, and
James Griffin; which were read, and ordered for a second reading
to-morrow.
On motion, leave of absence from to-morrow until Wednesday next
was granted to Mr. Tanner.
On motion, leave of absence from to-morrow until Tuesday eve.
ning next was granted to Messrs. Bryant and Richards.
Mr. Baldwin, pursuant to previous notice, introduced a bill to be
entitled An act to amend an act entitled an act to organize the Cir.
cuit Courts of the State of Florida; which was read and ordered for
a second reading to-morrow.
Mr. Baisden, pursuant to previous notice, introduced a bill to be
entitled An act to authorize the several Judges of Probate in this
State to solemnize the rites of matrimony, and for other purposes;
which was read and ordered for a second reading to-morrow.
The following report was read and concurred in, and the resolu-
tion was placed among the orders of the day:
The Committee on Finance and Public Accounts, to whom was re-
ferred the memorial of W. D. Moseley, with his account for cer-
tain expenditures and advances made by him for Captain R. G.
Livingston's company of volunteers, together with a resolution
passed by the Senate thereon, report:
That, upon consideration, they believe the amounts expended and
advanced by said W. D. Moseley, as stated in his account, should
be refunded to him, with interest from the 15th August, 1847, and
recommend the concurrence of this House with the Senate, in the
said resolution submitted, instructing the Comptroller of the State to
audit said account.
Respectfully submitted. J. W. BRYANT, Chairman.
The following report was read and concurred in, and the bill was
placed among the orders of the day :
The committee, to whom was referred the Senate engrossed bill
to be entitled An act to amend an act entitled an act to prevent the
circulation of change bills, approved 15th March, 1844, return the
same back to the House without amendment, and recommend its pas-
sage.
PETER HOBART,
JOHN COLEMAN,
STEPHEN DANIEL.
The following report was read and concurred in:
The select committee, to whom was referred a bill to authorize the
administrators of John W. Du Bose, deceased, to sell real estate,
report:
That they have had the subject under consideration, and, from the
circumstances of the case, as made known to them, believe it will
be beneficial to all parties interested in the said real estate to have
permission granted to the said administrators to sell the same; and
they consider the restrictions and conditions prescribed in said bill

92

are such as to prevent any improper use or appropriations of the pro.
ceeds of such sale.
They, therefore, return the said bill to the House, and recommend
its passage; and ask to be discharged.
Respectfully submitted, J. W. BRYANT,
E. M. MOORE, Committee.
G. E. McCLELLAN,
ORDERS OF THE DAY.
The bill to be entitled An act to encourage and facilitate internal
improvements, and to authorize and regulate partnerships for that pur
pose, was taken up, and on motion, the House went into Committe(
of the Whole, for the consideration thereof.
After deliberation, the committee rose, and by their chairman, Mr
Shine, reported the bill with amendments, and asked to be discharge(
from the further consideration thereof; which was concurred in.
The following messages from the Senate were received, and or
dered to be read :
SENATE CHAMBER, Dec. 21, 1848.
Hon. Speaker House of Representatives:
SIR : The Senate have ordered seventy-five copies of the bill to b(
entitled An act to incorporate the Atlantic and Gulf Railroad an(
Canal Company, to be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
SENATE CHAMBER, Dec. 21, 1848.
Hon. Speaker House of Representatives:
SIR : The following resolution has been adopted by the Senate
viz :
Resolved, (by the Senate, the House concurring,) That the Gene
ral Assembly proceed to the election of Solicitors in the several Ju
dicial Circuits, at 1 o'clock, P. M., to-day.
Respectfully, C. W. DOWNING, Sec'y Senate.
Upon motion to lay the above resolution on the table, the yea
and nays being called by Messrs. Blackburn and Bryant, were :
YEAS-Mr. Speaker, Messrs. Bannerman, Fennel, Hinson, Jones
Knowles, Landrum, Langford, Long, Mathers, Maxwell, Moore
Neel, Scott, Shine, Summerlin, Tanner, Walker, and Wilkinson-
19.
NAYs--Messrs. Baisden, Baldwin, Blackburn, Bryant, Burnhar
Coleman, Daniel, Divine, Ellis, English, Hawes, Hobart, Magbee
McClellan, Prevatt, Richards, Taylor of Benton, and Waterston-1I
So said motion prevailed, and the resolution was laid on the table
The bill to be entitled An act to encourage and facilitate interned
improvements, and to authorize and regulate partnerships for the
purpose, reported from Committee of the Whole, was read second
time by title.
Mr. Coleman moved, that the first section of the bill, down to th
word within," in the fourth line, be amended so as to read: "'Thi

93

a special and limited copartnership or association may be formed for
the purpose of constructing a railroad from Reed's Bluff, on the St.
Mary's River, to St. Andrew's Bay, on the Gulf of Mexico."
Mr. Magbee moved to amend the amendment so as to read : "that
the road be constructed from Reed's Bluff, on the St. Mary's, to Tam.
pa Bay; which was lost.
Pending the consideration of the original amendment, the bill was,
on motion, laid on the table for the present.
On motion, the resolution of the Senate, this morning laid on the
table, was taken up and read; and
Mr. Tanner moved to amend it by inserting, between the words
" of" and "solicitors," the words a United States Senator and
also," and strike out "one o'clock," and insert "half after two
o'clock "; upon the adoption of which, the yeas and nays being call-
ed, were:
YEAS-Mr. Speaker, Messrs. Bannerman, Fennel, Hinson, Jones,
Knowles, Langford, Long, Mathers, Maxwell, Moore, Neel, Rich-
burg, Scott, Shine, Stephens, Summerlin, Tanner, Walker, Waterston
and Wilkinson-21.
NAYs-Messrs. Baisden, Baldwin, Blackburn, Bryant, Burnham,
Coleman, Daniel, Divine, Ellis, Hawes, Hobart, Magbee, McClellan,
Prevatt, Richards and Taylor of Benton-16.
So said amendments were adopted.
Mr. Baldwin moved the indefinite postponement of the resolution,
which was lost.
On motion, the resolution was concurred in as amended.
On motion to adjourn until 10 o'clock to-morrow, the yeas and
nays being called by Messrs. Stephens and Long, were :
YEAs-Messrs. Baisden, Baldwin, Blackburn, Bryant, Burnham,
Coleman, Daniel, Divine, Hawes, Hobart, Magbee, Prevatt, and Tay-
lor of Benton-13.
NAYs-Mr. Speaker, Messrs. Fennel, Hinson, Jones, Knowles,
Long, McClellan, Moore, Neel, Richards, Richburg, Scott, Ste-
phens, Summerlin, and Wilkinson-15.
So said motion was lost.
The bill to be entitled An act compensating Lewis H. Miller for
taking the census of Holmes county, in 1848, was read second time,
and, the rule being waived, read third time. On the question of its
passage, the vote was :
YEAS-Mr. Speaker, Messrs. Bannerman, Daniel, Ellis, English,
Fennel, Hawes, Hinson, Jones, Knowles, Landrum, Langford, Long,
Magbee, Mathers, Maxwell, McClellan, Moore, Neel, Prevatt, Rich-
burg, Scott, Shine, Stephens, Summerlin, Taylor of Benton, Tanner,
Waterston and Wilkinson-30.
NAys-Messrs. Baldwin, Burnham, Coleman and Divine-4.
So said bill passed-title as stated.
Senate bill to be entitled An act relating to capital punishments,

*

94

was read second time with amendments, and ordered for a third
reading to-morrow-amendments to be engrossed.
On motion, that the House adjourn until to-morrow, 10 o'clock,
A. M., the yeas and nays being called by Messrs. Waterston anc
Scott, were:
YEAS-Messrs. Baisden, Baldwin, Blackburn, Coleman, Divine,
English, Hawes, Hobart, Magbee and Walker-10.
NAYs-Mr. Speaker, Messrs. Bannerman, Bryant, Ellis, Fennel,
Hinson, Jones, Knowles, Landrum, Langford, Long, Mathers, Max.
well, McClellan, Moore, Neel, Prevatt, Richards, Richburg, Scott,
Shine, Stephens, Summerlin, Taylor of Benton, Tanner, Waterstor
and Wilkinson-27.
So said motion was lost.
On motion to adjourn until 2 o'clock, the yeas and nays being
called by Messrs. Baldwin and Blackburn, were:
YEAs-Mr. Speaker, Messrs. Fennel, Hinson, Jones, Knowles
Landrum, Langford, Long, Mathers, Maxwell, Moore, Neel, Shine
Stephens, Summerlin, Tanner, Waterston, and Wilkinson-18.
NAYs-Messrs. Baisden, Baldwin, Bannerman, Blackburn, Bryant
Coleman, Divine, Ellis, English, Hawes, Hobart, Magbee, McClel
lan, Prevatt, Richards, Richburg, Scott, Taylor of Benton, and Walkei
-19.
So satd motion was lost.
The resolution for the relief of W. J. Faircloth was read secom
time, and ordered to be engrossed for to-morrow.
The resolution relative to a proposed mail route from Alligator t(
Black Creek, was read second time, and ordered to be engrossed foi
to-morrow.
On motion, the House adjourned until to-morrow 10 o'clock, A. M.

FRIDAY, Dec. 22d, 1848.
The House met pursuant to adjournment, and the roll being called
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read,
amended, and approved.
Mr. Hawes gave notice that he will, at some future day, ask leave
to introduce a bill to be entitled an act to provide for the cutting
through of the Haul-over between the Hillsborough and Indian
rivers, in Orange county, and for other purposes.
Mr. Long, pursuant to previous notice, introduced a bill to be enti.
tied An act relating to practitioners of medicine; which was read,
and ordered for a second reading to-morrow.
Mr. Neel, pursuant to previous notice, introduced a bill to be enti-
tled An act to amend an act entitled an act to amend an act regula-
ting the mode of proceeding on attachments; which was read, and
ordered to a second reading to-morrow.
Mr. Walker, pursuant to previous notice, introduced a bill to be

*

95

entitled An act to incorporate the Florida and Georgia Railroad
Company; which was read, and ordered to a second reading to-
morrow-seventy-five copies to be printed.
Mr. Tanner moved that a committee be appointed to invite the
Senate to attend in the Representative Hall for the purpose of elect.
ing a United States Senator and Solicitors of the several judicial
Circuits, whenever it shall suit the convenience of the Senate.
Mr. Bryant moved to amend the motion by striking out the word
"Senator."
Mr. Tanner moved the previous question; which was sustained
by the House. Upon the question, Shall the main question be now
put?" it was carried and the original motion adopted.
Messrs. Tanner, Long and McClellan were appointed said com-
mittee.
Mr. Shine, pursuant to previous notice, introduced a bill to be en-
titled An act to amend the laws now in force, concerning grand and
petit jurors ; which was read, and on motion, the rule being waived,
read second time by title, and referred to the Judiciary Committee.
ORDERS OF THE DAY.
Senate bill to be entitled An act to provide for the election of
keepers of public archives in the cities of St. Augustine and Pensa-
cola, and to prescribe their duties, &c., was read, and on motion, the
rule being waived, read second time by title, and referred to the
Committee on the Judiciary.
Senate bill to be entitled An act to repeal the second section of an
act supplementary to and extending the provisions of an act, assent-
ing to the purchase by the United States, and ceding to the same ju-
risdiction of certain lands on the island of Key West, for the pur-
pose designated in said act, approved July 8th, 1845, was read, and
ordered for a second reading to-morrow.
Senate bill to be entitled An act to empower William Newson to
assume the management of his bwn estate, was read and ordered for
a second reading to-morrow.
The bill to be entitled An act to authorize the sale of the equity of
redemption to mortgaged property, and for other purposes, was taken
up, and on the adoption of Mr. Baldwin's amendment, offered on
Wednesday, the yeas and nays being called by Messrs. Baldwin and
Coleman, were:
YEAS Messrs. Baldwin, Bannerman, Blackburn, Burnham,
Daniel, English, Fennel, Hawes, Hobart, Long, Maxwell, Moore,
Shine and Walker-14.
NAYS-Mr. Speaker, Messrs. Baisden, Coleman, Divine, Ellis,
Hinson, Jones, Knowles Landrum, Langford, Magbee, Mathers, Mc-
Clellan, Prevatt, Richards, Richburg, Scott, Taylor of Benton, Tan-
ner, Waterston and Wilkinson-21-
So said amendment was rejected; and the bill ordered to be en-
grossed for to-morrow.

96

The bill to be entitled An act in relation to pilotage, was again
read, and ordered to be engrossed for to-morrow.
The following messages from the Senate were received and or.
dered to be read:
SENATE CHAMBER, Dec. 21, 1848.
Hon. Speaker House of Representatives:
SiR : The Senate have concurred in the amendments of the House
to Senate bills entitled respectively: An act to re-establish the re.
cords of the county of Jackson, and for other purposes; also, An
act to grant pre-emption rights to settlers on State lands.
Respectfully, C. W. DOWNING, Secretary Senate.
SENATE CHAMBER, December 21, 1848.
Hon. Speaker of the House of Representatives:
SI : The Senate have ordered 75 copies of the bill to be entitled
An act relating to crimes and misdemeanors, and requiring a prose.
cution in certain cases, to be printed.
Respectfully, C. W. DOWNING, Secretary Senate.
Senate bills to be entitled An act in relation to the contingent ex.
penses of the Supreme and Circuit Courts of this State, and of the
Executive offices; and An act for the relief of Wm. Hinson, admin.
istrator of P. A. Hayward, deceased, were received and placed among
the orders of the day.
Senate bill to be entitled An act amendatory of the several acts of
limitation in force in this State, was read and ordered for a second
reading to-morrow.
Senate bill to be entitled An act to provide for the sale of the six.
teenth sections, granted by Congress to the State of Florida for the
support of public schools, and for consolidating the school fund, was
read third time, and, on the question of its passage, the vote was :
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Blackburn, Bry-
ant, Burnham, Coleman, Daniel, Ellis, Fennel, Hawes, Hinson, Ho.
hart, Jones, Knowles, Landrum, Langford, Magbee, McClellan,
Moore, Prevatt, Richards, Richburg, Scott, Summerlin, Taylor of
Benton, Waterston, and Wilkinson-28.
NAYs-Messrs. Bannerman, Divine, Long, Mathers, Neel, Shine,
Stephens, and Walker-8. v
So said bill passed-title as stated.
Senate bill to be entitled An act to compel the Judges of the Cir-
cuit Courts to hold their terms of court at the times and places pre-
scribed by law, was received, and the message ordered to be read-
bill placed among the orders of the day.
The bill to be entitled An act to provide for the establishment of
common schools in this State, was read third time by title ; and on
the question of its passage, the vote was:
YEAS Messrs. Baisden, Baldwin, Blackburn, Burnham, Cole-
man, Daniel, Divine, Ellis, Fennel, Hawes, Hobart, Jones, Lan.
drum, Langford, Magbee, McClellan, Moore, Prevatt, Richburg,
Scott, Summerlin, Taylor of Benton, Waterston, and Wilkinson-24,

97

NAY Mr. Speaker, Messrs. Bannerman, Bryant, Hinson,
Knowles, Long, Mathers, Maxwell, Neel, Richards, Shine, Ste-
phens, Tanner, and Walker-14.
So said bill passed-title as stated.
Senate bill to be entitled An act relating to fines, forfeitures, costs,
and other moneys adjudged to the State, was read, and ordered for a
second reading to-morrow.
Senate bill to be entitled An act to declare East River, in Walton
County, a navigable stream, was read third time; and on the ques-
tion of its passage, the vote was :
YEAS-Mr. Speaker, Messrs. Baisden, Bryant, Burnham, Cole-
man, Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Hobart, Jones,
Landrum, Langford, Long, Magbee, Mathers, Maxwell, McClellan,
Moore, Neel, Prevatt, Richards, Richburg, Shine, Stephens, Sum-
merlin, Taylor of Benton, Tanner, Walker, and Wilkinson-32.
NAYs-Messrs. Bannerman, Blackburn, Knowles, Scott, and Wa-
terston-5.
So said bill passed-title as stated.
Senate bill to be entitled An act to exempt from taxation for five
years certain property in the city of Pensacola, was read third time;
and on the question of its passage, the vote was:
YEAs-Mr. Speaker, Messrs. Baisden, Bannerman, Daniel, Ellis,
English, Hinson, Knowles, Langford, Maxwell, Neel, Richburg, and
Summerlin-13. *
NAYS-Messrs. Blackburn, Bryant, Burnham, Coleman, Divine,
Fennel, Hawes, Hobart, Jones, Landrum, Long, Magbee, McClellan,
Moore, Prevatt, Richards, Scott, Stephens, Taylor of Benton, Tanner,
Walker, Waterston, and Wilkinson-24.
So said bill was lost.
Senate bill to be entitled an act to repeal the road laws in and for
the county of Franklin, was read third time, and on the question of
its passage, the vote was:
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Blackburn, Bry-
ant, Burnham, Daniel, Divine, English, Hawes, Hinson, Hobart,
Jones, Landrum, Long, Mathers, Neel, Prevatt, Richards, Richburg,
and Summerlin-21.
NAYS-Messrs. Bannerman, Coleman, Ellis, Fennel, Knowles,
Langford, Maxwell, McClellan, Moore, Scott, Shine, Stephens, Tay-
lor of Benton, Walker, Waterston, and Wilkinson-16.
So said bill passed-title as stated.
Senate resolution for the relief of W. D. Moseley, was read se-
cond time, and ordered for a third reading to-morrow.
Senate bill to be entitled an act to amend an act entitled an act
to prevent the circulation of change bills, approved 15th March,
1844, was read second time, and on motion, the rule being waived,
read third time. On the question of its passage, the vote was :
YEAS- Mr. Speaker, Messrs. Bannerman, Bryant, Coleman,
Daniel, Divine, Ellis, Fennel, Hawes, Hinson, Hobart, Jones,
13

Knowles, Landrum, Langford, Long, Mathers, Maxwell, McClellan,
Moore, Neel, Prevatt, Richards, Richburg, Scott, Shine, Stephens,
Summerlin, Taylor of Benton, Tanner, Walker, Waterston, and
Wilkinson-32.
NAYs-Messrs, Baisden, Baldwin, Blackburn and Burnham-4.
So said bill passed-title as stated.
The bill to be entitled An act to authorize the administrator of
John W. Du Bose, deceased, to sell real estate, was read second
time, and, on motion, the rule being waived, read third time. On.
the question of its passage, the vote was:
YEAs- Mr. Speaker, Messsrs. Bryant, Daniel, Ellis, Fennel,
Hawes, Hinson, Jones, Landrum, Langford, Mathers, McClellan,
Moore, Prevatt, Richards, Scott, Summerlin, Taylor of Benton and
Waterston-19.
NAYs-Messrs. Baisden, Baldwin, Bannerman. Blackburn, Cole.
man, Divine, English, Knowles, Long, Maxwell, Neel, Richburg,
Shine, Stephens and Wilkinson-15.
So said bill passed-title as stated.
Senate bill to be entitled An act to provide for compensation of
physicians for. professional attendance on coroners' inquests, was read
third time, and, on the question of its passage, the vote was:
YEAs-Mr. Speaker, Messrs. Divine, Hawes, Hobart, Langford,
Long, Maxwell, Prevatt, Scott, Shine, Tanner, Walker, Waterston
and Wilkinson-14. *
NAYs-Messrs. Baisden, Bannerman Baldwin, Coleman, Dan.
iel, Ellis, Fennel, Hinson, Jones, Knowles, Landrum, Mathers, Me.
Clellan, Neel, Richards, Richburg, Stephens, Summerlin, and Taylor
of Benton-19.
So said bill was lost.
The bill to be entitled An act to empower George P. Keyes, a mi.
nor, to assume the management of his own estate, was read second
time, and on motion for its indefinite postponement, the yeas and nays
being called by Messrs. Coleman and Baldwin, were:
YEAs-Messrs. Baldwin, Coleman, Divine, Ellis, English, Hawes,
Hobart, McClellan, Prevatt and Taylor of Benton-10.
NAYs-Mr. Speaker, Messrs. Baisden, Bannerman, Bryant, Fen-
nel, Hinson, Jones, Knowles, Landrum, Langford, Mathers, Max.
well, Neel, Richards, Richburg, Scott, Shine, Stephens, Summerlin,
Tanner, Walker and Wilkinson-22.
So said motion was rejected, and the bill ordered to be engrossed
for to-morrow.
The bill to be entitled An act for the relief of Nathan S. Watson,
John T. Myrick and James Griffin, was read second time, and on
motion, referred to the Committee on Finance.
The bill to be entitled An act to amend an act entitled an act to.
organize the Circuit Courts of the State of Florida, was read second
lime, and on motion, postponed for further consideration.
The bill to be entitled An act to authorize the several Judges of

99

Probate in this State to solemnize the rites of matrimony, and for
other purposes, was read second time, and on motion, the rule being
waived, -was read third time; and on the question of its passage, the
vote was :
YEAs-Mr. Speaker, Messrs. Baisden, Baldwin, Bannerman,
Bryant, Burnham, Coleman, Daniel, Divine, Ellis, English, Fennel,
Hawes, Hinson, Hobart, Jones, Knowles, Landrum, Langford, Long,
Magbee, Mathers, Maxwell, McClellan, Moore, Neel, Prevatt, Rich-
ards, Richburg, Scott, Shine, Stephens, Summerlin, Taylor of Benton,
Walker and Waterston-36.
NAYs-None.
So said bill passed-title as stated.
Preamble and resolution asking Congress to establish a mail line
therein named, was read third time and passed.
Resolution for the relief of W. J. Faircloth, was read third time
and passed.
The bill to be entitled An act to encourage and facilitate internal
improvements, and to authorize and regulate partnerships for that pur-
pose, was, on motion, taken from the table, and placed among the
orders of the day.
On motion to adjourn until Tuesday next, 3 o'clock, P. M., the
yeas and nays being called by Messrs. Waterston and McClellan,
were :
YEAs-Messrs. Baldwin, Bannerman, Bryant, Burnham, Divine,
Hawes, Hobart, Langford, Long, Neel, Richards, Richburg, Shine,
Summerlin, Tanner, Walker and Wilkinson-17.
NAYs-Mr. Speaker, Messrs. Baisden, Coleman, Daniel, Ellis,
Fennel, Hinson, Jones, Knowles, Landrum, Magbee, Mathers,
Maxwell, McClellan, Moore, Prevatt, Scott, Stephens, Taylor of
Benton, and Waterston-20.
So said motion was lost.
On motion, that the House adjourn until Tuesday next, 11 o'clock,
A. M., the yeas and nays being called by Messrs. Coleman and Ho-
bart, were :
YEAs-Messrs. Baldwin, Bannerman, Bryant, Burnham, Hobart,
Langford, Long, Mathers, Neel, Richards, Richburg, Shine, Ste-
phens, Summerlin, Tanner, Walker, and Wilkinson-17.
NAYs-Mr. Speaker, Messrs. Baisden, Coleman, Daniel, Divine,
Ellis, Fennel, Hawes, Hinson, Jones, Knowles, Landrum, Magbee,
Maxwell, McClellan, Moore, Prevatt, Scott, Taylor of Benton, and
Waterston-20.
So said motion was lost.
On motion, the House then adjourned until to-morrow, 9 o'clock,
A. M.

100

SATURDAY, Dec. 23, 1848.
The House met pursuant to adjournment, and the roll being called,
there was a quorum present.
After prayer by Rev. Mr. Neill, the journal of yesterday was read,
amended, and approved.
Mr. Stephens, pursuant to previous notice, introduced a bill to be
entitled An act to alter and amend the militia laws of this State;
.which was read by title, and ordered for a second reading to-mor-
row.
Mr. Long gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled An act explanatory of the laws re-
lating to interest.
Mr. Jones moved to reconsider the vote of yesterday, on the ques-
tion of the passage of the Senate bill to be entitled An act to provide
for compensation of physicians for professional attendance on coro-
ners' inquests. On which, the yeas and nays being called by Messrs.
Baldwin and Prevatt, were:
YEAs-Mr. Speaker, Messrs. Bannerman, Bryant, Fennel, Hawes,
Hobart, Jones, Knowles, Landrum, Long, Magbee, Maxwell, Neel,
Scott, Tanner and Waterston-16.
NAYs-Messrs. Baisden, Baldwin, Burnham, Coleman, Daniel,
Divine, Ellis, English, Hinson, Mathers, McClellan, Prevatt, Rich-
ards, Richburg, Shine, Stephens, Summerlin, Taylor of Benton,
Walker and Wilkinson-20.
So said motion was lost.
Mr. Burnham, pursuant to previous notice, introduced a bill to be
entitled An act amendatory to the pilot laws now in force in this
State ; which was read, and ordered to a second reading to-morrow.
On motion, leave of absence, until Wednesday next, was granted
to Mr. Richards.
Mr. Moore, pursuant to previous notice, introduced a bill to be en.
titled An act to amend an act concerning roads and highways, now
in force in this State; which was read, and ordered for a second
reading to-morrow.
Mr. Bryant gave notice that he will, at some future day, ask leave
to introduce a bill respecting the election of certain officers by the
General Assembly of this State.
Mr. Stephens offered the following resolution:
Resolved, (the Senate concurring,) That this General Assembly
adjourn until Wednesday next, 12 o'clock; which was adopted.
The following report was read and concurred in:
The select committee, to whom was referred a bill respecting weights
and measures, report:
That they have examined and considered the subject, and believe
it proper that a basis for the standard of weights and measures should
be established in this State, and appear among our statutes; and hav-
ing ascertained that the bill referred to them is the basis of the stand.
ard of weights and measures in the State of New York, and believe.

	Title Page
	November, 1848
	December 1848
	January 1849
	Appendix

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