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

-HOUSE JOURNAL ---7th Session.
A

0on1iial

of tljc rorticings

OF THE

HOUSE OF REPRESENTATIVES

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF FLORIDA,

AT AN

ADJOURNED SESSION

Begun and held at the Capitol, in the City of Tallahassee, on
Monday, Twenty-Sixth November, 1855.

OFFICE OF THE FLORIDIAN AND JOURNAL.
PRINTED BY JAMES S. JONES,
1855.

JOURNAL

Of the House of Representatives of the General Assembly of Flori.
da ; begun and held at the Capitol in the City of Tallahassee, in
the State of Florida, on Monday, the Twenty-sixth day of Novem-
ber, Eighteen Hundred and Fifty-fire; being an Adjourned Ses-
sion of the Seventh General Assembly, held by virtue of a Joint
Resolution of the two Houses of the General Assembly :
On which day, being that named in the said Resolution for the
meeting of the General Assembly, the following named members of
the House of Representatives appeared and took their seats, viz:
From Leon County,........Richard A. Shine,
John B. Galbraith,
Jos6ph B. Christie,
Green Chaires.
Jeferson Joshua Taylor.
Madison Thomas Langford.
On motion, Mr. Shine was called to the Chair.
A quorum not being present, on motion, the House adjourned un-
til to-morrow, 11 o'clock, A. M.

TUESDAY, November 27th, 1855.
The House met pursuant to adjournment.
The following members appeared and took their seats, viz:
From Franklin County,......James P. Penn.
Gadsden Paul Dismukes,
Leon John B. Galbraith,
Joseph B, Christie,
Green Chaires.
Jeferson Joshua Taylor.
Iamilton Joseph R. Haddock.
"Columbia Garrett VanZant.
"Alachua Philip Dell.
"Levy James F. Thompson.
"Hernando John Parsons.
"Duval Darling C. Prescott.
On motion, Mr. Galbraith took the Chair.
Several new members appeared, were sworn to support the Con-

4

stitution of the State of Florida and of the United States, and took
their seats, viz:
From Gadsden County-John J. Colson, in place of Nathaniel D,
Zeigler, resigned.
From Wakulla County-Marada Braswell, in the place of *A. R.
Coombs, resigned.
From.Jeferson County-William S. Dilworth, in the place of John
F. Dewitt, deceased.
From Columbia County-Washington M. Ives, in place of Josiah
T. Baisden, resigned.
From Marion and Sumpter Counties-Frederick N. Foy, in the
place of William S. Harris, resigned.
But a quorum not being present, on motion of Mr. Thompson of
Levy, the House adjourned until to-moriow morning, 10 o'clock.

WEDNESDAY, November 28th, 1855.

The House met pursuant to adjournment.
The following members appeared and took their seats, viz:
From Washington County...... .James Brown.
Franklin James P. Penn.
Gadsden- Paul Dismukes,
John J. Colson,
Miles M. Johnston.
Leon John B. Galbraith,
Richard A. Shine,
Green Chaires.
Wakulla M. Braswell.
Jeferson -Joshua Taylor,
"William S. Dilworth,
Burton W. Bellamy.
Madison Thomas Langford.
Hamilton "Joseph R. Haddock.
Columbia Garnett VanZant,
Washington M. Ives.
"-.Llachua Philip Dell.
"Duval Darling C. Prescott.
"Marion 4f Sumpter Counties P. N. Foy.
"Levy County James F. Thompson.
"Hernando John Parsons.
Orange 4f Volusia Coynties Algernon S. Speer.
On motion, Mr. Dilworth was called to the Chair.
A quorum being present, on motion of Mr. Galbraith, the House

5

proceeded to the election of a Speaker, in the place of tie Hon. W.
F. Russell, resigned.
Mr. Galbraith nominated Mr. Dell.
The vote was:
Fo. DELL-Messrs. Bellamy, Braswell, Brown, Chaires, Colson,
Dilworth, Dismukes, Foy, Galbraith, Haddock, Ives, Johnston, Lang-
ford, Parsons, Penn, Prescott, Shine, Speer, Taylor, Thompson of
Levy, and VanZant-21.
BLeANK-Mr. Dell-1.
Mr. Dell was declared duly elected Speaker.
On motion of Mr. Parsons, a Committee of three was appointed,
consisting of Messrs. Parsons, Taylor and Foy, to conduct the Speak-
er elect to the Chair.
The Speaker returned his thanks to the House in a brief and ap-
propriate address.
On motion, the reading of the Journals of the 13th January, and
of the two last days was dispensed with.
On motion of Mr. Galhraith, a Committee of three was appointed,
consisting of Messrs. Galbraith, Parsons and Penn, to wait upon the
Senate and his Excellency, the Governor, and inform them of the or-
ganization of the House.
On motion of Mr. Parsons, the Speaker was authorized to re-or-
ganize the Committees.
On motion of Mr. Galbraith, a Committee of three was appointed,
consisting of Messrs. Galbraith, Ives and Thompson of Levy, to se-
lect a Chaplain.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Ives: A bill to authorize the introduction of Receivers'
Receipts as evidence of title to lands purchased from the United
States in certain cases.
By Mr. Penn: A bill to change the boundary line between the
Counties of Franklin and Calhoun.
By Mr. Parsons: A bill in relation to a Road Tax Lh Hernando
County.
A Committee from the Senate informed the House of the organi-
zation of that body.
Mr. Prescott presented petitions from 283 citizens of Duval Coun-
ty, asking a division of the County;
Which was read, and referred to a Select Committee, consisting
of Messrs. Prescott, Langford and Parsons.
Mr. Penn presented a petition of sundry citizens and tax-payers of
the city of Apalachicola, asking a change in the time of holding the
Charter election in said city;
Which was read, and referred to the Committee on Propositions
and Grievances.
('Ir. R. G. Mays, a new member fom St. Johns County, in the

6

place of E. J. Dummett, resigned, was sworn to support the Consti-
tution of the State of Florida and of the United States, and took his
seat.
On motion, ordered, that each member of the House be furnished
with a copy of the Journals of last session, the Constitution of the
State, and the Rules of the House.
The message of his Excellency the Governor, returning with his
objections An Act incorporating the Florida and Macon Railway
Company, was read, and the accompanying bill reconsidered.
Upon the question of the passage of said Bill over the veto of the
Governor, the vote was:
Yeas-None.
Nays-Mr. Speaker, Messrs. Bellamv, Braswell, Brown, Chaires,
Colson, Dilworth, Dismukes, Foy, Galbraith, Haddock, Ives, John-
ston, Langford, Parsons, Penn, Prescott, Shine, Speer, Taylor,
Thompson of Levy, and VanZant-22.
So the Bill was lost.
The following message from his Excellency the Governor, was
received and read:
EXECUTIVE CHAMBER,
TALLAHASSEE, November 26, 1855.
Fellow Citizens of the Senate and
House of Representatives:
It gives me pleasure again to welcome you to the seat of
Government, and to be able, most sincerely, to congratu-
late you upon the favorable circumstances under which
you re-assemble. Our' people have been blessed with 'a
good degree of health-the earth has yielded an abundant
harvest, and our commonwealth has probably never been
in a more comfortable and prosperous condition.
I am charged by the Constitution with the duty of giv-
ing tothe General Assembly information, from time to
time, of the state of the Government, and to recommend to
their consideration such measures as I may deem expe-
dient. The present being an adjourned session, and hav.
ingat its commencement submitted my views very fully up.
on most of the measures deemed important, I shall add but
little, and in discharge of the duty assigned me, beg leave
to call your attention to the communication then submit-
ted, for such additional information as you may desire.

7

OFFICIAL REPORTS.
The absence of the Comptroller of Public Accounts at
the beginning of the session, and his unfortunate detention
prevented me then from presenting his reports for the fis-
cal years 1853 and 1854. These are now supplied, and to-
gether with his report for the fiscal year 1855, are herewith
submitted. A reference to the report for the last fiscal
year will show that the receipts of the Treasury, exclusive
of the sum of three hundred dollars loaned by the School
Fund to the Contingent Fund, amount to sixty-eight thou-
sand three hundred and sixty-four 50-100 (68,364 50-100)
dollars, and that the warrants issued during the same
period, amount to eighty-five thousand three hundred and
sixty-five 19-000 (85,365 19-100) dollars. Thus showing a
deficiency in the revenue of seventeen thousand and
68-100 (17,000 69-100) dollars.
You are respectfully referred to the report of the Treas-
urer for a full statement of the transactions of his office em-
bracing the School Fund, Seminary Fund, and the Inter-
nal Improvement Fund, so far as they have passed into
his hands as State Treasurer. This account, so far as these
funds are concerned, should be taken in connection with
that of the State Register. Such is the law under which
sales of our public lands are effected, collections made and
the money invested, that no single account exhibits a full
and perfect statement of the condition of the fund, and I
respectfully renew the recommendation made in my last
message, that the law be modified.
I invite your attention to the report of the Register of
Public Lands herewith submitted, for all necessary infol-
mation on the subject of the Seminary and Common School
interests of the State, and ask for his suggestions your care-
ful consideration.
The report of the Secretary of State on the Census re.
turns, will show a gratifying increase in our population,

8

and wealth, since the last enumeration of inhabitants was
made. It is herewith submitted.
The accompanying report from the State- Engineer and
Geologist, will place you in possession of the transactions
of that officer for the past year, and your attention is call-
ed to its suggestions.
STATE DEBT.
The people will never complain of taxation as long as
their public servants can show that the amounts collected
are necessary to defray the legitimate expenses of their
State Government; but these expenses they desire to pay
annually. They want to know by the demand made upon
them, whether their Government has been economically,
or extravagantly administered, and will complain when as-
sessed to pay a heavy annual interest upon a State debt,
for money raised by loans, which should have been raised
by taxation. The tendency under our State Government
has been, I think, to touch too cautiously the taxing pow-
er, and to rely too much upon loans to supply our deficien-
cies. This may be seen by reference to the following ta-
ble:
Revenue collected. Warranty issued
For the fiscal year, ending 31st Oct, 1846,....$27,597 28......$56,009 57
1847,.... 45,357 60...... 52,787 46
"" 1848,.... 56,832 72...... 04.913 81
1849,.... 58,638 11...... 55,807 79
1850,.... 46,079 84...... 38,559 88
1851,.... 57,141 10...... 67,187 78
"" 1852,.... 55,619 63...... 55,-234 49
" 1853,.... 57,278 86.1... 108.607 88
"" 1854,..., 62,801 51...... 53,417 13
S 1855,.... 68,365 19...... 85,365 19

$535,711,34 $627,890,38
This shows a deficiency of Revenue for the ten years
of ninety-two. thousand one hundred and seventy-nine 04-100
(92.179 04-100) dollars, or equal to an average deficiency
of over nine thousand dollars per annum. To supply this,
loans have'been resorted to by special Acts and under the
law authorizing the Comptroller to invest the School, Senm-

0

inary, and Internal Improvement funds in the stocks of
thief and other States. These loans have been as follows:
January 24, 1861, Borrowed of School Fund $25,000 00 Interest due $9,84 88
July 8, 1862, In I6. ,000 00 1,0,6 30
Nov. 17, 1842, Sem'y. 4,500 00 846 87
Feb'y. 17, 1863, In. Im. 10,000 00 1,706 01
"17, 1868, School 10,000 00 1,706 01
Dec. 22, 1853, In. Im. a 16,000 00 l,'16 B85
$O,o00Q 00 $1i,576 17
The loans amount to sixty-nine thousand five hundred
,($69,500) dollars, and the interest due upon them, on the
first day ot the present month,amounted to sixteen thousand
five hundred and seventy-eight 77-100 (16,578 77-100) dol-
lars. Add to these amounts, twenty-two thousand, six
hundred and seventy-nine 04-100 (22,679 04-100) dollars,
being the difference between the aggregate deficiency and
the amount of loans made,.and which is necessarily out-
standing in the shape of Treasury certificates and Comp-
troller's warrants, and it makes the aggregate indebtedness
one hundred and eight thousand seven hundred and fifty
seven 81-100 (108,757 81-100) dollars.
Nor is this the only debt due by the State. There was
an Act approved January 7, 1853, entitled An Act to
provide for the payment of ;Captain Sparkman's, Parker's
and other Volunteer Companies for .services in the year
1849." Under the requirements of this Act, there was
State Scrip signed by the Comptroller and Governor, pay-
able in two, three and five years, with -interest at the rate
of six per cent. per annum, and issued, amounting to sixty-
four thousand three hundred and sixty-one 90-100 (64,31
90-100) dollars,................. ..... .$64,661 g0
Interest upon this sum to November
1, 1855, being an average of 8 years,
3 months and 6 days,................... $8,'58 21

$78,115 11
2'

10

' This amount added to the deficiencies as shown by the
Comptroller's reports, makes up a State debt of one hun-
dred and eighty-one thousand eight hundred and seventy-
two 92-100 (181,872 62-100) dollars. About one hundred
and sixty thousand dollars of this amount is bearing inter-
est and adds annually to the debt nearly ten thousand
dollars. It is true that a majority of this debt was contrac-
ted for the protection of our frontier inhabitants against
Indian depredations; a protection which the General Gov-
ernment was bound to give them, and which consideration
should have induced the return of the money. Of such
-return, however, there is no immediate prospect, and the
State, having assumed the ,obligations, paid one class of
.them and required her Governor and Comptroller, by law,
"to sign and issue State Scrip, bearing interest in payment
of the other class, cannot, consistently with honor arid good
faith, refuse to provide for the payment of principal arid
interest of the scrip now due, and for the redemption of the
balance as it becomes due. The interest upon the: amount
of scrip now due, was, on the first of the present month, a
little less than three thousand dollars, and for this and-the
interest to fall due in July next, amounting to nearly four
thousand dollars more, I respectfully recommend an ap-
propriation. For the principal now due and to become
due in July next, amounting to forty-two thousand nine
hundred and seven 92-100 dollars, I respectfully recom-
mend that the Governor and. Comptroller be required to
issue State Bonds, with interest at the rate of six per cent.
payable semi-annually at the Treasury, and having two,
-four and six years to run. And with a view to the extin-
guishment of the whole debt, I respectfully recommend the
establishment of a sinking fund, sufficient to meet the semi-
annual.interest, and at least ten thousand dollars per an-
sum of the principal.

p

11

'So far as the principal of the debt due to the School and
Seminary Funds, amounting to. thirty-nine thousand five
hundred dollaTs, is concerned, there is no necessity for a
payment at present. The interest due upon these funds,
however, should be paid. -This is all that under the grants,
can be applied to the cause of education, and there could
be no justification for the State, who is the trustee, should
she undertake to apply these funds to her own use and fail
to provide promptly for the semi-annual interest. The
interest now due on them amounts to twelve thousand and
eighty-seven 71-100 (12,087 71-100) dollars, and to that ex-
tent I respectfully recommend an appropriation and the
necessary provision for raising the money.
The debt due to the Internal Improvement fund, amount-
ing now to the sum of thirty-four thousand four hundred
and ninety-one 06-100 (34,491 06-100) dollars, will, I hope,
be needed at an early day, and I therefore recommend that
the Comptroller be authorized to borrow from the School'
and Seminary Funds, as collections may be made, the
amount necessary to discharge this debt, and pay the same
to the Treasurer of the Board of Internal Improvements.
TAXATION.
Taxes are paid by the people cheerfully, because the
money raised is necessary for the support of a government
which guarantees to every citizen the protection of life,
liberty and property. These being the purposes arid ob-
jects of free Government, the question naturally arises, in
what proportion should.each citizen contribute to its sup-
port The answer should be,.according to the protection
which he receives! Now so far as the Government pro-
tects the life and liberty of its citizens, their contribution
should be the same, because each man receives the same
measure of protection ; and for this a capitation tax is lev-

12

Ied4 So far as the protection of property is concerted,
every man should pay exactly in proportion to the amount
of property which he has protected. Every man in our
country has a right to invest his money in what he pleas.
es; one man may invest in land, another in horses ; one in
slaves and another in furniture; each consults his own in-
terest or fancy in the investment. The Government gives
to each exactly the same measure of protection, arid there
is in myjudgement no good reason why one of these should
be required to pay and another be exempted, and yet un-
der our present revenue law stch is the case. I charged
the census takers with the duty of obtaining the valuation
of slaves, lands, buildings not embraced in Towns or Vil,
las, household and kitchen furniture andhorses, mules and
plantation outfits. These as reported amount to forty-
nine million five hundred and twenty one thousand and
twenty one (49,521,021) dollars. Add to this sum the assess'
ments made by the Tax Collectors on Town lots, stock in
trade, pleasure carriages, saw mills, money at interest and
cattle, and it will show that the aggregate private proper-
ty-of the State is not less than fifty five million (55,000,000)
dollars. A tax on this amount, at twenty two cents upon
the hundred dollars, as is now levied upon Town property,
saw mills, money at interest, &c., would yield a gross rev-
6nue of one hundred and twenty one thousand dollars, and
yet we are collecting but little over one half of that amount.
This is easily accounted for. A large proportion of the props
erty of the State is now taxed upon a supposed valuation
which is but little over one half of its real value, while an-
other portion, amounting to about nine million dollars, is
not taxed at all. This nine million is composed of horses
mules and plantation outfit, buildings in the country and
furniture. All of these, of great value, are owned by the
wealthy, who, we are bound to presume, desire no special

exemptions, and if they do, are not entitled to them.-
Referring you to my former communication- for a discus-
sion of the unconstitutional character and unequal bearing
of our present revenue system, I now respectfully re-
commend an ad valorem Tax, and that no return shall be
received except upon oath or affirmation, and no tax col-
lector settled with until he makes oath or affirmation that
he has complied with the law in this respect, with such
other safe guards as the wisdom of the General Assembly
may provide.
INDIANS.
In my former Communication I expressed my views fully
in regard to the Indians still remaining in our State.-
Nothing has since occurred to change the opinions I then
entertained, and it is only necessary for me to refer you to
that Communication. There have been no depredations
on the frontier reported to me since your adjournment, and
the forces stationed by the Government on the border of,
and in the Indian Country, has been sufficient to preserve
order.
I have received a Communication from Samuel S. Ham-
ilton, President of the Indian Emigrating Society of the
Creek Nation, proposing to enter into a Contract for the
removal of the Indians from the State. I have made no
reply, preferring to lay the matter before the General As-
sembly. The letter is herewith communicated.
INTERNAL IMPROVEMENTS.
The Actto provide for, and encourage a liberal System
of Internal Improvement, approved on the 6th January
last, has inaugurated a new era in our State. The lethargy
of former years has given place to energy and enterprise.
Under its encouragements, the Central, Atlantic and' Gulf
Rail Road Company have surveyed and located the Road
from Jacksonville to Alligator, a distance of sixty miles,

14

and have advertised for proposals for its construction,
The Pensacola and Georgia Company have surveyed and
located their line of Road from Alligator westward as far-
as Tallahassee, and have advertised for proposals for its
construction. There are also encouraging, and I think reli-
able assurances from the west, that as soon as the part now
located is placed under contract, and a connexion with
the Atlantic rendered reasonably certain, there will be a
movement made in that direction which will hardly fail at
an early day to place our Atlantic ports in connection with
the beautiful bays of St. Andrews and Pensacola. The
Florida Road has been located from Fernandina to Cedar
Key, and the whole line placed under contract. The Tal.
lahassee and St. Marks Road has been nearly re-graded,
the cross ties furnished, the iron purchased, a part deliver-
ed, and the balance expected daily. These, are the results
of about ten months of active effort, and furnish a happy
assurance that our great system of Roads can, and will be
completed at no distant day.
Each of the companies above named, have, since
your adjournment, had the aid of practical and intelligent
Engineers; and experience, it is said, has shown that some
of the details embraced in the general bill may be repealed
or modified with great advantage to the Stockholders, and
without detriment to the Internal Improvement Fund.-
These modifications will probably be asked by the compa-
nies interested, and so far as they may be made, without
impairing the security of the fund or encroaching upon
vested rights, and are calculated to facilitate the construct
tion of the Roads, I shall take great pleasure in co-operating
with the General Assembly.
CHARTERS.
The Southern or Peninsula Road, extending to Tampa

15

Bay, and which I regard as a most important part of the
system, has been retarded in consequence of the failure to
procure the necessary amendment to the' charter of the
Florida Road, at your regular session. This, to me, has been
a matter of deep regret;; and I cannot too earnestly urge
upon the General Assembly the importance of granting a
liberal charter for the construction of that important link
in the chain of our great State enterprise.
The Pensacola and Georgia Road, I understand, was also
an applicant for important amendments to its charter.
That application, like the one for Tampa, failed, and the
failure has, I understand, resulted in some embarrassments
to the company. It is not too late, however, to make the
necessary amendments, and I respectfully recommend that
the General Assembly grant such charters and make such
amendments to existing charters, as may be necessary to
carry out and perfect the State system as inaugurated by the
general bill approved January 6th, 1855. While I would
thus earnestly recommend gi'eat liberality in granting, a-
mending,or modifying charters of companies which have un-
dertaken, or which may undertake the construction of any
part of the great lines of Rail Road embraced in the State
System, I would, with even greater earnestness, urge the
General Assembly to protect the system by refusing to grant
charters calculated to allow rival enterprises from neigh-
boring States to connect with the Gulf through our terri-
tory on such terms as to secure advantages over our own
Roads. Such grants would be hazardous to the State fund
and illiberal to our own citizens who have embarked in the
construction of our State system.
In this connection, I would respectfully call the atten-
tion ot the General Assemby to the bill entitled An Act
incorporating the Florida and Macon Rail Road Company,'-
which passed both Houses prior to your adjournment, and

18
which under a high sense of my official duty I was com
pulled to return, without my approval, to the House in
which it originated. This bill, with my objections, was laid
upon the table, and will properly comeup for consideration
at an early day. I beg leave to state that reflection has
only confirmed me in the opinion I then expressed of it:
unconstitutional character, and of the destructive inAluen,
ces which its passage would be calculated to exert over ot.
State System. To the objections I then urged, I would begp
leave now to add another. It is, that the Corporators art
strangers to us and to our State, and not presumed to feel
special interest in our success except to the extent that
it could be made beneficial to them. On this subject, our
neighboring State, Georgia, furnishes us a warning and a
probable.illustration, in her Brunswickenterprize. Let us
profit by her experience.
AENDMENTS OF THE CONSTITUTION.
The 3d Section of the 6th Article of the Constitution pro,
vides that "No President, Director, Cashier, or other offi-
cer of any Banking Company in this State, shall be eligible
to the office of Governor, Senator or Representative to the
General Assembly of this State, so long as he shall be such
President, Director, Cashier, or other officer, nor until the
lapse of twelve months from the time at which he shall
have ceased to be such President, Director, Cashier or eth-
er officer."
When our Constitution was adopted, we had in existence
several large Banking institutions, which, it was feared by
some, would exercise a controlling influence over our'State
legislation. These institutions have failed, and are in ex,
istence only for the purpose of winding up'their affairs with
as little loss as possible. Their influence is gone, and no
one now apprehends danger from them or their officers.
The time is approaching when we shall be called upon

17

to settle definitely the question, whether we will continue
to use the paper currency of our neighboring States in all
our commercial transactions, or whether we will make a
currency of our own. The latter policy will ultimately be
adopted; probably not, however, for some years yet.-
Should the State ever charter a Bank, every citizen would
be interested in its being a solvent and prudently managed
institution. To guarantee this, it would be desirable to
place in its direction our best and most practical men.-
But Bank Directors receive no compensation for their ser-
vices, and who, except the reckless speculator or the man
who desires to borrow more than his due proportion of the
money, would consent to be a Director for nothing, when,
by accepting the office, he would disfranchise himself as a
citizen? Men of character, talents and independence, would
hesitate thus to surrender their equality for the purpose of
protecting the interest of those who put them under such
unnecessary proscription.
The Sth Section of the 6th Article provides that no
Governor, Justice of the Supreme Court, Chancellor or
Judge of this State, shall be eligible toelection or appoint-
ment to any other or different, station office, or post of
honor or emolument under this State, or to the station of
Senator or Representative in Congress of the United States,
until one year after he shall have ceased to be such Govern-
or, Justice, Chancellor, or Judge."
These are officers elected by the people, and are pre-
sumed to possess at the time of their election a good degree
of the confidence of their fellow citizens. Now, unless
there is something demoralizing in these high positions, I
can see no good reason why they should be ineligible to
other offices until after they had received a year's puri.
fiction. Where should we more naturally look for a (zov-
ernor than to a venerable Justice of the Supreme Court,
a3

IS8

who had devoted his life to the best interests of the State,
and who, full of years and full of honors, felt that the po;
sition was overtasking his physical energies Or where
would we so naturally look for Justices of our Supreme
Court, or for Chancellors when that Court is established,
as to the Judges of our Circuit Courts ? But these are all
ineligible. Instead of transferringour Circuit Court Judges,
as they become venerable in years and profound in learn-
ing, to the appellate Court bench, to establish the laws ofthQ
State and give to our reports a proud position among those
of our sister States, we shall continue our legal learning
Supon the Circuit Court benches, and place our young and
untried lawyers upon the bench of the Supreme Court, to
review and set aside the decisions of age and experience,
This I am sure should be reversed, and it can only be done
by repealing or amending the section.
The 10th section of the 6th Article provides that "no
minister of the gospel shall be eligible to the office of Gov,
erior, Senator or member of the House of Representatives
of this State."
Ministers of the gospel are not often disposed to engage
in political life, but there is, I think, no good reason why
they should be Constitutionally prohibited. I have never
been able to sympathize with that species of intolerance
that would exclude a man from office on account of his re-
ligion, and especially for having too much of it. These
sections are all proscriptive, anti-Republican and unneces-
sary, and I respectfully renew the recommendation made
at the opening of the session, that the General Assembly
take the necessary measures to place the question of their
repeal before the qualified voters.
In my former communication, I recommended a return
to annual sessions of the General Assembly., I was then

19

under the impression that the interest of the State would
be promoted by such return. I am still under that im-
pression, and respectfully recommend that the question of
a change in that provision be submitted to the people at
the next election.
BOUNDARY LINE.
The suit pending in the Supreme Court of the United
States, for the settlement of the question of boundary be-
tween this State and Georgia, has not been decided, and
believing that with the information elicited by the Com-
mission of last year, this unpleasant controversy may
be settled without the interposition of a' judgment of the
Court, I have suggested to his Excellency, Gov. Johnson,
the propriety of continuing the cause, by consent of parties,
with a view to procure from the Legislatures of the two
States, authority to negotiate a settlement. To this pro-
position he readily assented, and the cause will be contin-
ued at the December term of the Court. I respectfully
request of the General Assembly the appointment of a
special Commissioner, or that it confer upon the executive
special authority to negotiate a settlement.
SWAMP AND OVERFLOWED LANDS.
The State's agents have been dilligently employed in
perfecting the selections of the swamp and overflowed
lands granted by Congress, and they now amount to some-
thing over eleven million acres, with a prospect ultimately
of about three million more. The approvals have been
somewhat delayed, and very few patents are yet received,
so that there is no means of deciding when these lands can
be offered for sale.
CRIMINAL PROSECUTIONS.
The Comptroller's report shows that during the fiscal

20

year just closed, the collections from fines and forfeitures
have been quite inconsiderable, whereas the amount of
warrants issued on account of criininal prosecutions is larger
than for any previous year. The collections from this source
have been regularly decreasing, and the expenses regular-
ly increasing for years past. This shows that there issome
defect in the law on this subject, or that there is an inex-
cusable want of attention in executing it. I cannot-too
earnestly urge upon the General Assembly the importance
of a thorough examination of this subject, and the appli.
cation of an efficient remedy.
FEDERAL BELATTONS.
On the subject of Federal Relations nothing has occur-
red to change the views which I expressed in my former
communication, and to that I beg leave respectfully to rea
fer.
With an anxious desire that the God of. all grace inay
preside over'your deliberations and direct your counsels
for the prosperity of our Commonwealth and the promb-
tion of His glory, I am,
Your fellow citizen,
JAMES E. BROOME.

On motion of Mr. Galbraith,
Ordered, that 500 copies of the Governor's Message and accom.
paying documents be printed for the use of the House.
The following Bills and Resolutions were read and passed over
for the present, viz:
A Bill to be entitled An Act in relation to assaults with intent to
commit rape and for other purposes;
A Bill to be entitled An Act granting the right of appeal from the
Judges and orders of the Board of County Commissioners to the
Circuit Court;
A Bill to be entitled An Act to amend an act amendatoryof the
several acts now in force in relation to trading with negroes;

A Bill to be entitled An Act to organize the County of Taylor
Preamble and resolutions asking the establishment of a Mail Route
along the Bellamy Road between the St. Johns River and Newnans-
ville, in the'County of Alachua, and the transmission of semi-weekly
mails over said route; f
A Bill to be entitled An Act providing the mode and manner of
carrying up appeals from the Courts of Justices of the Peace and for
other purposes;
A Bill to be entitled An Act to amend the Act regulating Com-
mon law proceedings;
A Bill to be entitled An Act to amend an act now in force in rela-
tion to the partition of estates, real and personal;
A Bill to be entitled An Act to incorporate the Lagoon and Per-
dido Canal Company;
A Bill to be entitled An Act to revive certain acts heretofore passed
in reference to the re-establishment of records destroyed by fire;
A Bill to be entitled An Act to repeal an act entitled an act for
the relief of George W. Philips, approved January 14th, 1853;
A Bill to be entitled An Act to amend an act relative to taking
depositions under Commission;
A Bill to be entitled An Act to amend the Common School Laws
now in force in this State;
A Bill to be entitled An Act requiring an oath of secrecy to be ad-
ministered to Witnesses and Bailiffs in the Circuit Courts of this
State in certain cases, and for other purposes;
Resolution in relation to the payment of the accounts of Henry J.
Stewart and William J. J. Duncan;
A Bill to be entitled An Act to incorporate a Bank in the city of
Tallahassee;
A Bill to be entitled An Act to incorporate the Tallahassee and
Georgia Railroad Company; and
A Bill to be entitled An Act to organize the County of Haynes.
The following Message from his Excellency the Governor, was
received and read:
EXECUTIVE CHAMBER,
TALLAHASSEE, November 24, 1855.
Fellow Citizens of the Senate and
House of Representatives:
After your adjournment in January last, I received two bills which
had passed poth Houses of the General Assenbly, one entitled An
Act granting certain lands to the Palatka and Micanopy Plank Road
Company," and the other entitled An Act to remove the obstruc-
tions to the navigation of the Suwannee River." I could not consis-
tently with my views of duty approve and sign either of these bills,

22

and they-failed under the sixteenth Section of the 3d Article of the
Constitution to become laws.
These bills are alike in their objectionable features, and may there,
fore with propriety be considered together. The one grants certain
Swamp Lands to the Pilatka and Micanopy Plank Road Company
to aid in the construction of their Road, and the other grants certain
Swamp Lands for the purpose of removing the obstructions which
interfere with the navigation of the Suwannee River.
The General Assembly by An Act approved January 6, 1855,
provided for a State system of Internal Improvements. It was seen
that the success of that system would depend to a very great extent
upon the use which could be made of our land fund, and it, there
fore, in the general bill, set apart the Internal Improvement lands
remaining unsold, the proceeds of such as had been sold, together
with all the swamp and overflowed lands, and made them a separate
and distinct fund, and by the second section vested them as follows:
" That for the purpose of assuring a proper application of said fund,
for the purposes herein declared, said land and all the funds arising
from the sale thereof, after paying the necessary expenses of selec-
tion, management and sale, are hereby irrevocably vested in five
Trustees, to-wit: In the Governor of this State, the Comptroller of
Public Account, the State Treasurer, the Attorney General and the
Register of State Land, and their successors in office, to hold the
same in trust for the uses and purposes hereinafter provided, with the,
power to sell and transfer said land to the purchasers, and receive
payment for the same." This act vests the whole fund in a board
of Trustees for certain well defined purposes, and divests the Gener-
al Assembly of title. These bills seek under authority of the Gen-
eral Assembly to withdraw a portion of the fund, and if the power
exists to withdraw any portion, or for any purpose, not expressly
provided, then it exists to withdraw the whole, and the deed of trust
is of no value. But such I think is not the case. The fund cannot
be applied to objects other than those specified in the general law,
and therefore had the bills been signed, they could only have lead
to unpleasant litigation.
For these reasons I felt that it was my duty to withhold my sig.
nature.
Very Respectfully,
JAMES E. BROOME.
Also the following:
EXECUTIVE CHAMBER,
TALLAHASSEE, November 24, 1855.
Fellow Citizens of the Senate aud
House of Representatives :
After your adjournment in January last, I received a bill entitled

" An Act to prevent non residents of this State from hunting or kil-
ling any deer or other game within the limits of this State, and for
other purposes." As 1 could not consistently with my views of duty
approve and sign this bill, it failed under the 16th section of the 3d
Article of the Constitution to become a law.
The provisions of the first section would subject a man who
owned land on both sides of the boundary line between Florida and
either of our neighboring States, but whose house was beyond our
jurisdiction, to indictment for shooting vermin in his own plantation,
or for taking game for his table use. The citizen would no longer
be able to offer his guest, if a non resident, a participation in the
sports of the chase, lest he should be placed upon the Grand Jury
where he would be bound to report him for having at his own invi-
tation, shot a deer, a turkey, or a partridge. The party thus indic-
ted may be fined five hundred dollars or be imprisoned six months,
and cannot be fined less than twenty dollars or be imprisoned less
than one month.
The second Section is still more stringent. If our Georgia or
Alabama neighbor, planting on both sides of the lines, should find it
necessary in building or otherwise, to "insert nails, spikes or any oth-
er metal into any lumber, logs or trees, he is to be deemed guilty of
a felony, and upon conviction is to receive thirty-nine lashes upon
his bare back." Such would bet he effect of these sections. That
they were designed for another, and far different purposes I enter-
tain no doubt, but they were evidently hastily drawn. For these
reasons I felt it my duty to suspend their action for the time being,
by withholding my signature. Very Respectfully,
JAMES E. BROOME.
Also the following:
ExECUTIVE CHAMBER,
TALLAIASSEE, November 24, 1855.
Fellow Citizens of the Senate and
House of Representatives:
After your adjournment in January last, 1 received a bill which had
passed both houses of the General Assembly, entitled An Act for
the relief of M. Whit. Smith," which I could not, consistently with
my views of duty approve and sign, and it therefore failed under
the 16th Section of the 3d Article of the Constitution to become a
law.
This bill seems to have been based upon an act approved January
8th, 1853. That act authorized the Judge of Probate of Hernando
County to appoint some suitable person to take charge of, and con-
vey one William Crawford, a lunatic, (then in the Jail of Hernando
county, charged with a high criminal offence,) to some Lunatic Asy-
lum-authorized the agent to sell the estate of the said lunatic-pay

24

all his just debts that should be presented within two months, ana
use the residue of his estate in his maintainance in the Asylum; and
further required the said Judge of Probate to take bond and security
conditioned for the faithful performance of the trust, &c. M. Whit.
Smith it appears was appointed such agent, and conveyed the said
Crawford to the Asylum at Columbia, South Carolina, where he
still remains.
There were found to be large demands against the said Crawford,
for Attorney's fees, &c., and the General Assembly, in the bill under
consideration, undertakes to make a Judicial investigation of the
claims, and awards to James T. Magbee, one hundred dollars; to
David Provence, one hundred dollars; to M. Whit. Smith, two hun-
dred and fifty dollars; to M. Whit. Smith, for expenses (on produc-
ing vouchers) to Asylum, two hundred and fifty dollars; to M. Whit.
Smith for two years maintainance of Lunatic in Asylum, five hun.
dred dollars, for clothing, fourteen dollars, and for Physician's bill,
twelve dollars. The claim of M. Whit. Smith to be approved by
" the Judge of Hernando county," (an officer unknown to our Con-
stitution or laws,) "and that he be discharged from said Guardian-
ship." These are all questions which I think belong to the Judicial
tribunals of the State ; and the bill, when it undertakes to adjudi-
cate the demands, distribute the estate, and discharge the guardian,
is in conflict with the 2d Section of the 2d Article of the Constitu-
tion, which provides that no person or collection of persons, being
of one of these departments, (Legislative, Executive or Judicial,)
shall exercise any power properly belonging to either of the others,
except in the instances expressly provided in this Constitution."
Respectfully,
JAMES E. BROOME.
Also the following:
EXECUTIVE CIAMBEIR,
TALLAHASSEE, November 2-, 1855. i
Fellow Citizens of the Senate and
House of Representatives:
After your adjournment in January last, I received a bill which
had been passed by both houses of the General Assembly, entitled
" An Act for the relief of J. P. K. Savage and Haley T. Blocker,
and for other purposes." I could not consistently with my views of
duty, approve and sign this bill, and it therefore failed under the 16th
Section of the 3d Article to become a law.
The first Section provides "that the Clerk of the Supreme Court
and the Sheriff of said county shall be entitled to draw their per
diem fi-om the day of the convening of said Court to the day of its
final adjournment."
Thesa are both offices of perquisites, and it should be borne in

mind thattheincumbents thereof are not required toleave their homes,
so that as soo6 as the Court is adjourned over, they repair to theiroffices.
and engage in theirbusiness. TheSupreme Court isin thie habit, (and
very properly too,) of accommodating the Attorneys by continuing
the Court from day to day until they have heard the argument of a
number, or perhaps of all the cases on the docket. They note the
points made, and the vast number of authorities cited. They can-
not examine these authorities, nor write out their decisions in the
Court room. They therefore adjourn over for one, two or three
weeks, or perhaps a month, according to the business on hand, dur-
ing which time they are doing office work, and require the services
of neither Sheriff nor Clerk. These opinions when prepared, must
be delivered in open Court, and they therefore notify the Clerk and
Sheriff to attend on a certain day. A few hours are employed in
reading the opinions, and the Court makes "its final adjournment."
Now is there any good reason why the people should pay one hun-
dred and eighty dollars per inonth to these officers, when they have
not rendered one hour's service in the whole time, and have not been
required to render any
Let us make an illustration. Suppose that the General Assembly
should be requested to pay the officers of the two houses their per
diem, from the 27th day of November last, the day on which it con-
vened, to the day of "its final adjournment," which may not take
place before the first of January next. Would the appropriation be
made?
The second Section provides for paying J. P. K. Savage, Clerk,
and Haley T. Blocker, Sheriff, of the Supreme Court, the amount of
three dollars per diem, from the convening of the Court, at its last
session, to the time of its final adjournment."
The last session here spoken ot, convened in Marianna in March
or April, and from the sickness of the Judges, whose presence were
required, the business could not be finished, and the Court, for the
convenience of parties, adjourned over to meet in Tallahassee in Ju-
ly or August, at which time, after clearing the docket, they finally
adjourned. This bill would give these officers nearly or quite, four
hundred dollars each, for services never rendered. I am sure they
would not accept the money, but the bill grants it. I respectfully
suggest that the better course would be, to leave the Justices to cer-
tify the number of days, attendance, and pay for no more. If the
per diem is insufficient, increase it, but limit it to services actually
rendered.
Respectfully,
JAMES E. BROOME.
Also the following:
4

EXECUTIVE CHAMBER,
TALLAHASSEE, November 24, 1855.
Fellow Citizens of the Senate and
House of Representatives :
On the day of your adjournment, I received a bill which had
passed both Houses of the General Assembly, entitled An act to
amend An Ac.t entitled An Act to grant pre-emption rights to settlers
on State Lands, approved December 31, 1852." As I could not
consistently with my views of duty approve and sign the bill, it failed
under the 16th Section of the 3d Article of the Constitution to be.
come a law.
The Seminary and Common School funds are the most sacred
trusts that have ever been committed to our State-they were do.
nations for the education of our youth. A large portion of each of
these funds, is in lands yet unsold, and much of this land valuable
only for its timber. If I understand this bill, it authorizes a pre-
emption on these lands, and permits the pre-emptor to take any
quantity desired, not exceeding one section. These pre-empted
lands he is to use for three years from the date of his permit,
and then if he fails to show that he has in cultivation, at least five
acres for every forty acres so pre-empted, he simply loses his right to
purchase at the appraised price. The timber lands lying on water
courses, would all be pre-empted at an early day under so liberal a
bill. In three years the timber would all be sold, the land rendered
worthless, and the pre-emptor be ready to confess, that he had been
unable to make the clearing required and would surrender his rights
as a purchaser. Believing that such would be the effects of the law,
I was forced to suspend the question for the time being by with.
holding my signature. Very Respectfully,
JAMES E. BROOME.
A bill to be entitled an Act to provide for the permanent location
of the Seat of Government, and for other purposes;
Was read the second time.
Mr. Shine moved that said bill be indefinitely postponed;
Which motion was lost.
Said bill then passed over for the present.
A bill to be entitled an Act to fix permanently the Seat of Gov.
ernment of the State of Florida ;
Came up on its second reading.
On motion, Mr. Galbraith was permitted to withdraw said bill.
The following message was received from his Excellency the Gov.
ernor:

27

MESSAGE OF THE GOVERNOR

ON A BILL TO BE ENTITLED

"; An Act to create a Fifth Judicial Circuit, and to confer the powers
and devolve the duties of the Justices of the Supreme Court upon
the Circuit Judges."

EXECUTIVE CHAMBER,
TALLAHASSEE, NOVEMBER 24, 1855.
Fellow-Citizens of the Senate
and House of Representatives:
A bill entitled An Act to create a fifth Judicial Circuit and to
confer the powers and devolve the duties of the Justices of the Su-
preme Court upon the Circuit Judges," which passed both Houses
of the General Assembly in January last, did not reach the Execu-
tive office until after you had adjourned over to the fourth Monday
in the present month. Your absence made it impossible for me to re-
turn the bill with my objections within five days; and as I could
not, consistently with my views of duty, approve and sign it, it fail-
ed under the 16th Section of the 3d Article of the Constitution to
become a law.
In interposing to arrest the action of the General Assembly for
the time being, in a matter of so much importance, I assumed a very
grave responsibility, and justice to myself as well as a proper cour-
tesy towards a co-ordinate department of the Government, requires
me to assign the reasons which induced my action.
Passing for the present the question of creating a fifth Judicial
Circuit, I will consider the competency of the General Assembly
to confer the powers and devolve the duties of the Justices of the
Supreme Court upon the Circuit Judges."
We derive the powers of Government from the Constitution. So
far as that instrument undertakes to vest powers, or jurisdiction, or
has provided specially for the appointment or election of those
charged with their administration, its action is fundamental, and the
General Assembly cannot abrogate, annul, change or transfer, either
the power so vesed, or the officer so elected, and charged with its
execution. Let us then consult the Constitution, and ascertain how
far it has vested the Judicial power of the State, and how far it has
authorized the General Assembly to vest it; how far it has distribu.

28

ted jurisdiction to the Judicial tribunals, and how far it authorized
the General Assembly to distribute it; how far it has ordained the
time, mode, and manner of electing those charged with the adminis.
tration of the powers, and how far it has devolved that duty upon
the General Assembly. A careful investigation upon these points,
will aid us in arriving at a correct conclusion, as to the extent of the
powers granted to the Legislative over the Judicialdepartment of the
State Government.
The first section of the fifth Article vests the Judicial power as
follows:
The Judicial power of this State, both as to matters of law and
equity, shall be vested in a Supreme Court, Courts of Chancery,
Circuit Courts and Justices of the Peace; provided, the General
Assembly may also vest such criminal jurisdiction as may be deemed
necessary in Corporation Courts, but such jurisdiction shall not ex-
tend to capital offences."
The second section of the same article confers jurisdiction upon
the Supreme Court as follows :
The Supreme Court, except in cases otherwise directed in this
Constitution, shall have appellate jurisdiction only, which shall be
co-extensive with the State, under such restrictions and regulations,
not repugnant to this Constitution, as may from time to time be pre.
scribed by law ; Provided, that the said Court shall always have
power to issue writs of injunction, mandamus, quo warrant, habeas
corpus, aid such other remedial and original writs as may be neces-
sary to give it a general superintendence and control of all other
Courts."
The sixth section of the same Article confers jurisdiction upon
the Circuit Courts as follows:
"The Circuit Courts shall have original jurisdiction in all matters
civil and criminal within this State, not otherwise excepted in this
Constitution."
The eighth section of the same article confers equity jurisdiction
as follows:
The General Assembly shall have power to establish and organ-
ize a separate Court or Courts of original equity jurisdiction, but un-
til such Court or Courts shall be established and organized, the Cir-
cuit Courts shall exercise such jurisdiction."
The tenth section of the same article authorizes the General As-
sembly to confer jurisdiction as follows:
"A competent number of Justices of the Peace shall be from
time to time appointed or elected in and for each County, in such
mode, and for such term of office as the General Assembly may di-
rect, and shall possess iuch jurisdiction as may be prescribed by
law."
These extracts fix with certainty the intention of the Convention,

29

so far as the general construction of the Judicial department of the
Government is concerned. They show that the Constitution vests
the Judicial power of the State in certain tribunals of its own crea-
tion ; that it distributes jurisdiction to the Supreme Court, Circuit
Courts and Courts of Equitjr, and expressly confers upon the Gen-
eral Assembly power to distribute jurisdiction to Justices of the
Peace, and to a limited extent, to Corporation Courts. They show
that the Courts are the creatures of the Constitution, and derive their
powers and jurisdiction, except in the instances above specified, di-
rectly from that instrument. The Legislative department is a co-
ordinate department of the Government, deriving its powers from
the same source, and unless specially authorized, can have no pow-
er to raise or create a tribunal or tribunals, in conflict with those
created by the Constitution ; nor can it vest judicial power in conflict
with that vested by that instrument.
To create the tribunals and assign them their powers, may, how-
ever, be one thing, and the appointment or election of those charged
with the administration of these powers quite another. The tribu-
nals may be the creatures of the Constitution, and the officers
charged with the administration of their powers, the creatures of the
General Assembly; and this fact brings up for consideration one of
the most important questions involved in this investigation.
To determine correctly how far there is such a distinction exist-
ing, in the case under consideration, we must ascertain 'what the
Convention meant when it used the terms Court and Judge-wheth-
er it intended to treat the Judge as a part of the Court, and make
him, like the tribunal, the creature of the Constitution, or, whether
it intended to commit him to the Legislative department of the Gov-
ernmnent, and make him the creature of the General Assembly. In-
formation on this point can only be obtained in the Constitution it-
self, and to that tribunal this question should be referred.
The first section of the fifth article quoted above vests Judicial
power in the Supreme Court. The 2d section fixes its jurisdiction,
and the 3d section provides that "For the term of five years from
the election of the Judges of the Circuit Courts, and thereafter until
the General Assembly shall otherwise provide, the powers of the
Supreme Court shall be vested in, and its duties performed by the
Judges of the Circuit Court."
Now if it is conceded, as I believe it is, that by virtue of the pow-
ers conferred by the first and second Sections of the 5th Article,
the Supreme Court is made the creature of the Constitution, it can
hardly be denied, that by virtue of the third section, in which these
identical powers are vested in the Judges of the Circuit Court, when
acting as Justices of the St:re('i Cour't, they were also made the
creatures of that instrument. And it' they, having no powers con-
ferred upon them by this section, except those legitimately pertain-

30

ing to the Justices of the Supreme Court, were treated as part and
parcel of the Court, and placed upon the same footing with the tri-
bunal itself, it would be difficult to assign a good reason, why the
Justices of that Court when elected should not occupy the same po.
sition. If they do, then the distinction suggested does not apply in
this case, because the tribunal and the Justice are alike made the
creatures of the Constitution.
To show that such was the intention of the Convention, we are
not limited, however, to the fact, that it vested the same powers, and
jurisdiction in the Circuit Judges as Justices of the appellate Court,
which it had vested in the Court itself; for the same section goes on
to charge these Circuit Judges with the performance of the dutiesoJ
the Supreme Court. Now if we suppose that the Constitution in-
tended to make a distinction between the Court and the Justice,
and that in using the term Court it simply meant the tribunal, we
make the Convention guilty of the absurdity of charging these offi-
cers with the performance of duties that had no existence. 'i he
Court as a tribunal has no duties. The Constitution, as we have
seen, confers powers upon the Court, in common with the Justice,
but the duties attach exclusively to the Justice, and pertain tothe
administration of the powers conferred. If this be true, it must fol-
low as a necessary consequence that.in speaking of the duties, the
Constitution embraces the Justice as part and parcel of the Court.
If so, the General Assembly must show a special agency or grant
of power in its favor, or it can have no more authority to supersede
or change the Justice than it would have to supersede or change
the Tribunal itself.
If any such agency exists under the Constitution, it must be found
either in the third, eleventh, or twelfth Sections of the filth Article.-
Let us examine them. The 11th Section requires that the Justices
of the Supreme Court, Chancellors, and Judges of the Circuit Court
shall he elected by the concurrent vote of a majority of both Houses
of the General Assembly." The duty here enjoined is purely minis-
terial-as much so, as the duty enjoined upon the Governor to com-
mission them when elected. Suppose the General Assembly had
concluded to dispense with the concurrent vole, and had elected the
Judges by the joint ballot of the two Houses. Would sucl election
have been valid? Would such Judges have been constitutionally
chosen? Would they have been Judges? I think not. I hazard
little in saying, that no Judge could have been found who, under his
oath to preserve, protect and defend the Constitution," would have
accepted the office under such an election. Now, if the General
Assembly, under a Constitution which authorized it to elect Justices,
could not vary the manner of election in so small a particular, how
can it, under a Constitution giving the election to the qualified elee-

31

tors of the State, remove the Justices elected by'them, and devolve
their powers and duties upon others not so elected ?
Having now seen the manner in which the General Assembly was
required to elect the Justices, Chancellors and Judges of the Circuit
Courts, let us ascertain, if possible, the time at which these elections
were to be made. The 12th Section requires that The Judges of
the Circuit Courts shall, at the first session of the General Assem-
bly, to be holden under this Constitution, be elected for the term of
five years, and shall hold their offices for that term, unless sooner
removed under the provisions made in this Constitution for the re-
Smoval of Judges by address or impeachment; and at the expiration
of five years, the Justices of the Supreme Court, and the Judges of
the Circuit Courts, shall be elected for the term of, and during their
good behavior."
Beyond a simple choice between individual aspirants, this section
certainly confers no discretionary powers upon the General Assem-
bly. Indeed it would be difficult to employ language that would
go further to exclude all presumption in favor of such powers. The
duty required is plain, simple and ministerial. The General Assem-
bly is instructed at its first session to elect the Circuit Judges for the
term of five years, and at the expiration of that time, to elect the Jus-
tices of the Supreme Court, and the Judges of the Circuit Courts, for
another and different term. So far as the election of Circuit Judges
is concerned, no discretion, as far as I know, has ever been claimed
for the General Assembly. All have conceded that the instruction
was peremptory, and could not be disregarded without the violation
of a Constitutional duty. And yet, when the identical language,
which makes this so plain in reference to the Circuit Judges, is used
in regard to the election of Justices of the Supreme Court, discretion
is claimed. It is not claimed, however, under the section above quo-
ted, but under the third section, which is supposed to control and
modify the peremptory character of the 12th section, by conferring
upon the General Assembly discretion, as to the time that the appel-
late jurisdiction of the Circuit Judges should be terminated, by the
election of the Justices of the Supreme Court. How far such sup-
position is well founded, may be ascertained by examining the sec-
tion relied on. It provides as follows:
"For the term of five years from~the election of the Judges of the
Circuit Courts, and thereafter until the General Assembly shall oth-
erwise provide, the powers of the Supreme Court shall be vested in,
and its duties performed by the Judges of the Several Circuit
Courts."
By this section the Judges of the Circuit Courts are required to
perform the duties of the Justices of the Supreme Court for five
years, and until the General Assembly "shall otherwise provide,"
and by the 12th Section of the same Article it is provided that the

32

General Assembly shall otherwise provide" at the expiration of the
five years. The two sections must be construed together, and in such
manner, if possible, as to make them harmonize. In this there is
fortunately no difficulty, as there is no discrepancy. The effect of
the two sections, taken together, is simply to provide for an election
at the expiration of five years from the date of the first election; and
to require the Judges of the Circuit Courts to exercise the powers,
and perform the duties, of the Justices of the Supreme Court for five
years, and until their successors (the Justices) should be elected and
qualified. Such a provision is very common. It is found iu the or-
ganization of the Executive department of our own State Govern:
ment. The Governor is required to be elected for the term of four
years, and to remain in office until his successor is elected and
qualified." Will it be contended that this provision authorizes a post-
ponement of the election to a period beyond the time fixed by the
Constitution?. I think not. Where then is the difference? The
one authorizes the Governor to serve four years, and until his suc.
cessor is elected and qualified, and requires the election to be held
at a certain time. The other authorizes the Circuit Judges to exer-
cise certain powers for five years, and until the General Assembly
should otherwise provide, and requires the General Assembly to
make such provision at a certain time. To my mind, there is, prac-
tically, no difference. The duty of the Legislature to elect at the
time appointed is plain, and is, I think, in no way controlled or mod-
ified by the third Section. So far from it, that section relates en.
tirely to the powers and duties of the Judges, and seems to have been
specially designed to enable them to continue to the State the bene-
fits of an appellate tribunal, even should thb General Assembly fail
or refuse to discharge its. Constitutional duty.
But if there exists a doubt as to the duty of the General Assem-
bly on this subject, it will be removed by an examination of
the amendment of the 12th clause, adopted and made a part of.the
Constitution on the 12th day of December, 1848. It provides That
at the expiration of the present term of office of the Judges of the
Circuit Court, with the exceptions hereinafter mentioned, the Justi-
ces of the Supreme Court and the Judges of the Circuit Courts shall
be elected for a term of eight years." (The "exceptions" relate on-
ly to the classification.) Here it is expressly made the duty of the
General Assembly to elect Justices of the Supreme Court at the ex-
piration of the then present term of office of the Judges of the
Circuit Courts." These Judges were elected in July, 1845, and
their terms of office expired in July, 1850. That, then, was the time
at which the Constitution required the General Assembly to elect
Justices, but the duty was not discharged until the month of Janu-
ary, 1851-six months thereafter, and this fact shows the wisdom

33

of the Convention in giving to the Circuit Judges the powers eon-
ferred by the 3d section.
In these elections, the General Assembly rendered a tardy obedi-
ence to a mandate of the Constitution-an obedience, however,
which, in accordance with the provisions of that instrument, termi-
nated forever the appellate jurisdiction of the Circuit Judges. The
powers vested in, and the duties devolved upon them by the 3d sec-
tion of the 5th article, were then vested in and devolved upon the
Justices elected by order of the Constitution, and they became the
creatures of that instrument.
A further amendment was adopted which became a part of the
Constitution on the first of January, 1853, the 1st Secttio of which
provides as follows:
"That on the first Monday in October, in the year one thousand
eight hundred and fifty-three, and on the first Monday in October,
every six years thereafter, there shall be elected by the qualified
electors of each of the respective Judicial Circuits of this State, one
Judge of the Circuit Court, who shall reside in the Circuit for which
he may be elected, and continue in office for the term of six years,
from and after the first day of January next succeeding his election, un,
less sooner removed under'the provisions made in this Constitution
for the removal.of Judges by address or impeachment," &c. The 3d
Section of this amendment provides," That whenever the General
Assembly shall create a separate Supreme Court, or Chancery Court,
under the provisions of this Constitution, the Judges thereof shall be
elected in the manner provided in the first section of this act, and
shall hold their offices for the same term, and be subject to all the
provisions of said firstsection : Provided, however, That the Judges
of the Supreme Court shall be elected by general ticket," &c.
The third Section above quoted is certainly ambiguous, and in
construing it, we should conform as far as possible to the intention.
of the bo:ly which adopted it. Could that body have intended the
section to be construed literally ? Let us see.
Provision is made for the election of Justices of the Supreme Court,
by the qualified electors voting by general ticket, whenever the
General Assembly shall create a separate Supreme Court****under
the provisions of this Constitution." If it is true that the Constitution
created the Supreme Court, and did not authorize the General As-
sembly to create any other, or "separate" Supreme Court, and if we
undertake to construe the language of this section literally, we shall
be forced to conclude that the General Assembly, acting as a con-
stitutional Convention, was strangely obtuse, and in adopting the
amendment, intended simply to provide for an election by the qual-
ified electors, whenever the Legislature should perform an impossi-
bility by creating a separate Supreme Court under the provisions of
5

34

a Constitution having no such provision in it. To charge the Con.
vention with such folly, would be doing it great injustice.
But this is not all. The consequences which would result from
adopting such a construction, would be most embarrassing. Ani
election was held under this amended section on the first Monday
in October, 1853, for one Chief Justice, and two Associate Justi-
ces. They wOare elected by the qualified electors voting by general
ticket, and entered upon their duties on the first day of January,
1854. In doing so, they superseded the Justices who had been elec-
ted by the General Assembly, under the former amendment, and be.
fore ihe terms for which they had been elected had expired. Now,
if we are limited to a literal construction of the language of this
amendment, it must be shown that the General Assembly had, prior
to the date of thatelection, created a separate Supreme Court under
the provisions of this Constitution;" or the time had not arrived
when the amended section was in force, and consequently that elec-
tion was void. If so, the present Justices are usurpers-their adju.
dications have all been unauthorized ; the amendment of 1848 is still
in force, and the Justices elected under it, whose terms have not ex-
pired, are still the Justices, and only Justices of the Supreme Court
of the State of Florida.
Such embarrassments would necessarily result from a literal con-
struction of the language of this amendment and furnish unmistake-
able evidence, that it does not represent the intention of the Conven
tion. A further evidence that it does not, is found in its own action
on this subject. The amendment under consideration was passed on
the 23d day of December, 1850, and the same body, on the 6th day
of January, 1851, and at the same session, passed a bill entitled An
Act to organize the Supreme Court of the State of Florida," and as
a doubt existed on the minds of some whether this act created the
Supreme Court, or simply organized a former creation, the official
opinion of the then Attorney General, the Hon. D. P. Hogue, was
requested by the General Assembly, and promptly furnished. An
extract from that opinion is here given, as follows: With respect
to the restraining operation and effect of the ninth Section of the
same article, I am of opinion that a Senator or Representative in the
present General Assembly of this State, is eligible to a seat upon the
bench of the Supreme Court. He would not be eligible to any civil
office of profit created at the present session. A bill has been
passed at the present session organizing a Supreme Court, but not
creating it. The Supreme Court is the creature of the first Section
of the fifth Article of the Constitution, and the law lately passed on-
ly provides for the organization of a constitutional creation." This
official opinion from the State's law adviser, was placed upon the
Journals, and went to the people in company with the proposed
uauicdnimett, and was considered conclusive as to the creative power

35

of the Legislature. Such, too, was its effect upon the General As.
sembly; for the Hon. Walker Anderson, a member of the House of
Representatives, was elected Chief Justice, and several other mem-
bers were voted for as Associate Justices, notwithstanding the ninth
Section of the sixth Article, which declares that no Senator or
Representative shall, during the term for which he shall have been
elected, be appointed to any civil office of profit under this State,
which shall have been created, or the emoluments of which shall
have been increased during such term," &c. This election may
therefore be considered a most solemn decision on the part of the
General Assembly-a decision made under their oaths of office-
that the Court was created by the Constitution, and leaves no room
to doubt, that when that body, in the amendment under consideration,
uses the words created by the General Assembly," it only inten-
ded to use them as synonymous with the words organized by the
General Assembly."
But we are not confined to legislative decisions upon either of
these points. They have bodh been decided in the most solemn man-
ner by the highest Judicial authority known to this State. If the
Court was not created by the Constitution, then it was created by
the General Assembly, and if so, Chief Justice Anderson was dis-
qualified for a seat upon that bench. Therefore, in taking the oath
of office, he, in the most solemn manner, decided that the Court was
the creature of the Constitution. Associate Justices Semmes and
Thompson, subsequently elected, made the same decision when they
accepted their offices, for they could not have sworn to "preserve,
protect, and defend the Consti'ution of this State," when they inten-
ded to aid in its violation by associating with a Chief Justice who
was constitutionally disqualified for his office.
The question of the construction of the amended section has, if
possible, been still more authoritatively adjudicated. In a former
part of this argument, I attempt ed to show that if we adopt a literal
construction of the language of this amendment, then the time had
not arrived on the first Monday in October, 1853, when the third
section could be in force, and that the election then held was with-
out Constitutional authority. The Supreme Court had, prior to that
time, been organized-the Justices had been elected, taken the oath
of office, and entered upon their duties. These distinguished jurists
were incapable of countenancing a deliberate violation of the Con-
stitution which they had sworn to preserve, protect and defend."
And yet they, each and all, became candidates under this amended
section for re-election. This they could not have done, without de-
ciding that the election was constitutionally ordered. They failed
to receive a majority of the votes, and promptly retired fiom office.
This they could not have done, and at the samne time defend the
Constitution," without deciding that their successors were constitu-

36

tionally elected. In assuming, then, the powers and duties of the
Supreme Court, the Justices first elected, decided that the Court
was the creature of the Constitution, and in retiring from their offices,
they decided that their successors were constitutionally elected.
The present Justices, elected under the third Section of the amend.
ed Article, took a solemn oath that they would preserve, protect
and defend the Constitution." This they could not have done with.
out deciding that they were themselves Constitutionally elected.
The Judges of the Circuit Courts have all sworn to preserve,
protect and defend the Constitution," and each of them has render.
ed a cheerful obedience to the mandates of the Supreme Court,
whether issued by the former, or present Justices. In thus acting,
they have recognized the Court as the creature ot the Constitution,
and the present Justices as Constitutionally elected.
The Executive, acting under the same oath of office, commission.
ed Chief Justice Anderson, by which he recognized the creation of
the Court by the Constitution, and commissioned the present Jus.
tices, by which he recognized their election as Constitutional.
Thus it is seen, that all the departments of the Government have
uniformly declared by their acts that the Court is the creature of
the Constitution, and that the present Justices were elected in accor.
dance with its provisions. If these decisions have been sanctioned
by the Constitution, then there can be no power in the Legislative
department of the Government to reverse them, nor in all the de.
part.!ents combined, to abolish the Court, or supersede the Justices,
except by amending that instrument in the manner authorized by its
framers.
I have now shown, or attempted to show, that the Supreme Court, and
its Justices, are alike the creatures of the Constitution, deriving their
powers and jurisdiction directly from that instrument-that the Gen.
eral Assembly was a ministerial agent, appointed by the Convention
to organize the Court, and elect the Justices-that in performing
these duties it acted under peremptory instructions as to time, man.
ner, &c.-that the amended Constitution deprives it of all agency
in the election by transferring it to the qualified electors of theState
-that the present Justices were elected by such qualified electors,
under the authority of the Constitution, and without the agency of
the Legislature-that the Constitutionality of their election has been
decided by their immediate predecessors, by tile Judges of the Cir,
cuit Courts, and by themselves, in the most solemn mnanner-that
the other departments of the Government have sustained these de.
cisions, and that the General Assembly has no power to abolish the
Court, or to remove, supersede, or transfer tile Justices, except by
amending the Constitution in the manner authorized by the Couven.
tion.
I will now examine the bill under consideration, and attempt to

37

show in what particolars it is in conflict with the conclusions at
which I have arrived, and assign the reasons which induced me
to withhold my signature. So far as it relates to the Supreme
Court, it provides as follows:
Sec. 12.-" Be it further enacted, That from and after the pas.
sage of this act, the Judges of the Circuit Courts, elected or chosen
in pursuance of the Constitution, hlmll compose the Suprmine Con t
of the State, and shall exercise all the powers and perlouni all the
duties of such Court."
Sec. 13.-" Be it further enacted, That the Act entitled An Act
to organize the Supreme Court of the State of Florida,' approved
January 11, 1851, being inconsistent with this Act, and all other
acts and parts of acts inconsistent with this act, be and the same are
hereby repealed."
Sec. 14.-" Be it further enacted, That it shall hethe duty of said
Circuit Judges, and they are hereby required as Justices of the Su-
preme Court, to hold annually at least one session of said Supreme
Court at Tallahassee, one at Malianna, one at Jacksonville, one at
Newnansville, and one at Tampa; beginning at Talhlhassee on the
first Monday in January, in each and every year, and holding its
other sessions at such times as they shall determine upon, and the
said Justices shall have authority to hold such other special terms as
they may deem necessary, and shall receive therelor, for each and
every session, three dollars per day for every day they shall be de-
tained by their Judicial duties, as also ten cents per mile going to,
and returning from said places, computing the distance from the re-
spective homes of said Justices."
It has been shown in a former part of this communication, that
the Constitution requires the Justices of the Supreme Court to be
elected by the qualified el-ctors, voting by general ticket. They
were so elected for the term of six years from the first day of Janua-
ry, 1854, and were commissioned by the Executive. These Jus.
tices, except the venerable and lamented Douglas, who has been
called to enjoy the reward of a well spent life on earth, are still in
police, protected by the Constitution, and exercising the powers ves-
ted in them by that instrument.
The 12th Section, above quoted, undertakes to create another
Supreme Court, separate and distinct from the one created by the
Constitution; fo' it declares that it shall be "composed" of the
Judges of the Circuit Courts. thesee Judges were elected to ano-
ther, and different office, by the qualified electors of their respective
Judicial districts, and derived from the Constitution only original
jurisdiction. In providing that they shall compose" the Supreme
Court, the General Assembly confers upon them all the powers of
such Court, and requires them to perform all its duties. There be-
ing no authority in the Constitution for an appellate Court so "com-

39

posed," there is no warrant for its organization by the General As.
senbllv, and consequently, the Court is the creature of that body,
and in direct conflict with that created by the Constitution itself.
But suppose that the tribunal was created by the Constitution,
and that this law is to be regarded only as an organization, whele
does ihe General Assembly get its power to confer jurisdiction upon
these Judges? The first and tenth Sections of the fifth Article of
the Constitution do authorize it to confer jurisdiction, not, however,
upon Judges or Justices of the Supreme Court, but upon corpora.
tion Courts, and Justices of the Peace. So far from these grants
raising even a presumption in favor of the possession of the power
claimed, they negative such presumption in the most direct terms
for there is nothing better settled than that the grant of a part of any
particular power, operates as a reservation of the balance. In this
case, however, there is no need of presumptive evidence, for the fact
exists, that the Convention not only reserved, but exercised the pow.
er, le:-ving nothing to be appropriated by the General Assembly ex.;
except what was specially delegated. The effect of this bill would
le to give us two Supreme Courts, in direct conflict with each oth-
er; one created by the Constitution, deriving its power and juris.
diction from that instrument, the other created by the General As.
sembly, and deriving its power and jurisdiction from that body.
But the 13th Section attempts to disembarrass the question, by re.
pealing the law ol 1851, organizing the Supreme Court ; suppositng,
that the Justices elected under the provisions of the Constitution,
would be thereby removed from office, in which event, the Legisla.
tive Justices would be enabled to get possession of the Constiution.
al tribunal. Suppose this could be done, would a Court Constitu.
tionally created, and unconstitutionally supplied with Justices, be a
Court capable ot action ? Thle tribunal itself can adjudicate nothing,
andhoweverample its powers or j uisdiclion, if there are no officersto
exercise these powers, they must remain in a state of inaction. Nor
would the usurpation of these powers by unauthorized parties relieve
the matter. It is conceded that the powers vested in, and juris.
diction conferred upon the Supreme Court are ample for all pur.
poses. Now suppose that the Constitutionally elected Justices
should all die, resign, or be removed, and circumstances prevented
their places from being supplied for a length of time; would the
fact that the most ample powers have been conferred upon the ap.
pellate tribunal, authorize the General Assembly to take possession
of that tribunal, and exercise its powers? Certainly not. Then,
if on the removal of the Justices, the General Assembly cannot take
possession of the tribunal, and exercise its powers, can it confer au-
thority upon another party to do so ? Or can a body confer upon
its agent, powers which it does not itself possess? I think not.
To show the danger of conceding the power claimed by this bill

39

for the Ce"oeral Assembly, I will ofler an illistratioil ta:ke(n 'frnm the
legisliltive depacrineint of the government. The 13th Sectiln i tihe
4th Article of tihe Conisittitniil provides that the (General .Asemdlly
shall make provision by law for filling vacancies that may occur in
either House by death, resignation, or otherwise, of any of its ilIml-
bers.' In obedience to this mandate, the generall \Assiblyv passed
a law ntlhor;zing the qualified electors of the County, or senalori;il
district, in which such vacancy iight exist, to fill it biy electiol,-
Now slpl)'sie tll' t on tlie fiouirt i iM itl;iay ii i te prcslit im ontlh, it
should bIl found tnilt ninlie\V n Senalltorl ai"e (iocc'yini g Fiats iiponll
tile floor of the Sonate Chamberi elected blv tlie )people', to siIupply
inle vacanllcics caused ly rs' ignattions .inlle tih adjournlwn1i t illJan-
unry last, Suppose thef'sle iine Sullatori's Shiolil lie personally or )po-
litically disagreealle to the relnailiing ten, indi tlhy, in conclluir ice
wili a Imnjolrity of one in ihe othur Illiuse, relc;ll tile law under
which the people had elected these Sellators. \Would such re])Ieal
vacate tleir seats, )by relll\invitg tlieil from ollice ? I suil)lose ilnt;
and bfr the simple reason that the) would not be the oflicris or agents
of the Legislature, lint of the people, and holding their otijces by a
Constitutional tellnure. liut by way of' making the case llloe stri-
kingly analogous, let us suplpose the (eieiral Asseumbly not only un-
derlakes to remove tli nie Senators ly repealing the election law,
but that it proceeds to conli'r senatorial powers, and devolve sella-
torial diuies upon Iine nmeiers olf lie House of Ripresentatives.-
These Representatives were constitutionally elected by tie people,
as much so, as the disiiissed elnaltors, but like the (Circuit Court
JulCdge, tlly were elected to a difflrenit station. Now I ak whether
the (Gciieral Assembly would f'eel aluthlorized, ilther to remove the
Senators or to lmaniiuiicture their sulccesors out of' representatives ?
If it would not, then on whliat grounds, does it undertake to remove
Justices of the iSupreme Court, and appoint their successors from
the Cilcuit Judges ?
LBut would the Justices lie removed liy repealing the law ? This
is a point worthy ofl investigation. Thie Act is based ilpon tile sec-
ond Section of the fifth Article of the Constitution, which confers up-
on the CGeneral Assemblly power to prescliie" for tle Supreme
Court restrictions and regulations not repugnant to this Constitln-
tion." Under this authority, tle General Asseimbily organized l the
Court, restricting the lumber of Justices to three, and tleir salaries
to the inii.uum fixed by t e Constitution. lThe other portions of
the law relate only to thie duties of the Court-the times and pIlaces
at wilich it should hold its sessions, and comprise the necessary
" regulations." The section fixing the numberlh' of Justices and pro-
viding for their election, is the only one prcilinent to tills inquiry.-
That section provides that the Justicrs shall be elected according
to the provisions of the Coinstitution.' Now what were the pro-

40

visions of the Constitution" under which the present Jus'ices were
elected ? 'They were that the Justices should be elected by the
qualified electors, voting by general ticket, and fio the term of six
years. They were elected in accordance with those provisions, and
so lar as they are concerned, the law has been executed, and has
passed beyond the control of the General Assembly. The bill under
coinsideation seeks to limit the term of the present Justices to two
years or less, but I humbly conceive that such a"restriction" would
I e repugnant to the Constitution," and therefore void. But sup-
pose it could restrict, the effect would be to remove the Justices and
render their seals vacant, and in such case the Constitution fixes the
manner in which they are to be supplied. Section four of the amend-
ment of 1853, provides That should a vacancy occur in either the
Supreme, Chancery, or Circuit Co'rts, by death, resignation, remo-
val or otherwi-e, it shall be the duty of the Governor to issue a writ
of election to fill such vacancy," &e., and further Provided how-
ever, That should it become necessary to fill any such vacancy be-
fore an election can be held under the provisions of this Constitution,
thle Governor shall have power to fill such vacancy by appointment,"
&c Now if the power ci'her to fill the vacancy, or to provide for
an election for that purpose, has been specially conferred upon
thle Governor, then the second Section of the Second Article of the
Constitution expressly prohibits the General Assembly from exercis-
ing it. It provides as follows: No person or collection of per-
sons, being of one of those departments, (Legislative, Executive or
Judicial,) shall exercise any power properly belonging to either of
the others, except in the instances expressly provided in this Con-
stitution." As this is not one of the instances expressly provided"
for, it is apparent thit even admitting the power of the General As-
senmbly to remove tie Justices, they could not supply their places,
for that duty has been expressly assigned to the Executive.
But if it is true, that the grant of a part of any particular power
operates as a special reservation of the balance, then on the subject
of the removal and appointment of Justices, the General Assembly
is expressly prohibited by the Constitution itself. The 19th Section
of the 6to Article requires that The General Assembly shall by
law provide for the appointment or election, and the removal from
office of all officers, civil and military, in this State, not provided for
in this Constitution." Having already shown fully, that the Con-
stitution does provide for the election of Justices of the Supreme
Court, it is hardly necessary to enlarge the argument to show that
under this 19th Section, the General Assembly is prohibited from
exercising that power. Let us now see whether the Constitution
has made provision for their removal.
The 20th Section of the 6th Article provides that "the power
of impeachment shall be vested in the House of Representatives."

41

The 21st Section provides that All impeachments shall be tried by
the Senate; and when setting for that purpose, the Senators shall be
upon oath or affirmation, and no person shall be convicted, without
the concurrence of two-thirds of the members present." The 22d
Section provides that the Governor and all-civil officers shall be liable
to impeachment for any misdemeanor in office." The 12th Section
of the fifth Article provides as follows: "And for wilful neglect of
duty, or other reasonable cause, which shall not be sufficient ground
for impeachment, the Governor shall remove any of them, (the Judg-
es or Justices,) on the address of two thirds of each House of the
General Assembly; provided, however, the cause or causes shall be'
stated at length in such address, and entered on the journals of each
House; and provided further, that the cause or causes, shall be no-
tified to the Judge so intended to be removed, and he shall be admit-
ted to a hearing, in his own defence, before any vote for such ad-
dress shall pass; and in such cases, the vote shall be taken by yeas
and nays and entered on the journals of each House respectively.'
These sections provide fully for the removal of Judges and Jus-
tices, and therefore, the General Assembly is prohibited by the 19th
Section of the 6th Article from providing for such a service. This,
however, does not prevent it from discharging the duty assigned it,
as the agent of the Convention, in the removal of those officers by
address or impeachment. The House of Representatives possesses,
under the Constitution, the impeaching power, and the Senate is au-
thorized to organize, under a special oath, as a high Court, to try
the impeachment, and if two thirds of its members concur in a ver-
dict against an impeached Judge or Justice, he is removed. And
for offences insufficient to justify impeachment, the Judge or Justice
may be removed by the Governor, upon the address of two thirds of
both houses. But it must be remarked that no address can ever be
voted on, until'the Judge or Justice is notified of the charges pre-
ferred against him, and an opportunity offered him to be heard in
his own defence. Until this is done, there is no power in either, or
both houses, nor in both, united with the Governor, to displace a
Judge or Justice. The light to be heard before he is condemned, is
guaranteed by our Constitution to the vilest culprit that has ever
darkened the records of our courts, and should certainly never be
denied to those in whom the people have reposed the highest trnst.
The bill under consideration seeks to remove the whole bench of
Justices, without prefering a single charge-without giving them no.
tice-without hearing them in their own defence-without organ-
izing a Senatorial Court-without an address to the Governor-with-
out a two third vote, ard by the repealing clause of a simple act of
legislation, requiring for its passage only a majority of a bare quo-
rum in each house. Is such the agency which the Constitution
has conferred upon the General Assembly
6

But suppose I am mistaken in the whole matter, and that notwith-
standing all the Constitutional provisions against it, the General As.
sembly may, by repealing the law, remove the Justices, and may ap-
point, others to perform their duties. I would then respectfully ask,
would it be good policy to do so ? If this General Assembly should
repeal the law and remove the Justices, the next would probably
re-organize the Court, and order another election in accordance
with the provisions of the Constitution." If the Justices then elec-
ted by the people, should be disagreeable to the succeeding General
Assembly, the organic law would again be repealed, and the Jus-
tices displaced, and so on ad ininitem. Such a policy would divest
the Court of that dignity and elevation which should characterize
such a tribunal-would put it into the arena of every political con-
test, and would secure for the bench the services of groveling parti-
sans. Under such circumstances, our Judiciary would of course
occupy a very humble position-our reports would be quoted only
to be ridiculed, and our noble State would acquire a most unenvia-
ble reputation for stability of purpose.
But suppose the General Assembly may Constitutionally do all
that the bill undertakes to do, and that no such unfavorable result
as I have apprehended would follow; what advantage should we
probably derive from the change ? So far as the question of ex-
pense is concerned, the saving would be small. The salaries of the
present Justices amount to six thousand dollars. The allowance
made in the bill, of a per diem and mileage, with the expenses of an
additional Court, would not be less than five thousand dollars;
showing that as a purely financial question the saving to the treasu.
ry would be about one thousand dollars per annum. But can the
Circuit Judges discharge their duties, and hold five sessions of the
Supreme Court at points remote from each other ? Our population
is rapidly increasing, ana we shall be peculiarly fortunate if our lit-
tigation does not increase with it. Aside from this, we have in our
State vast amounts of property, under mortgage to insolvent Bank-
ing institutions, whose charters are soon to expire, and out of this
will doubtless grow an amount of Chancery business, which will
give both Judges and Justices a large amount of additional employ-
ment. But claiming nothing for this prospective increase, let us
make a calculation upon the basis of the present business.
The Justices have been actively employed for four months of the
present year, in holding their Courts, and in traveling to and from the
places fixed by law for their sessions. If their successors underthis
bill should be so fortunate as to hold five Courts in the same length
of time, then they would each devote four months in the year to Su-
preme Court duties. Add to these the months of August and Sep-
tember, in which it is ordinarily impracticable to hold Courts of any
kind with regularity, and which should always be devoted to pre-

43

paring decrees in Chancery, making orders at Chambers, eamin-
ing authorities, and preparing for their fall terms, and we are left
with six months allowed to each Judge to perform all the labors in-
cident to his Circuit duties. We have now fouc Circuit Judges, and
allowing them the months of August and September for the purposes
above indicated, and they have each ten months for their Circuit du-
ties. The account may be stated thus. Under the new organiza-
tion:
Five Judges for 12 months each, would be equal to 60 monthsL
Deduct for Supreme Court duty 4 months
each, would be equal to 20 months.
Deduct for August and September, 2 months
each, equal to 10 -30

Leaving for Circuit Court duties -30 "
Under the present organization:
Four Circuit Judges for 12 months each, equal to 48 "
Deduct for August and September, 2 months
equal to 8 months.

Leaving for Circuit Court duties 40
These figures show that under the proposed arrangement, we
should have only three-fourths of the amount of labor to- devote to
Circuit duties that we now have, and show further, that five Judges
for six months is exactly equal to three Judges for ten months.-
They establish the fact, that we have either one Judge too many
under our present arrangement, or we shall require an addition' of
one and two thirds under the arrangement proposed by the bill.-
Now if we deduct one Circuit Judge from the present number, and
devolve the whole duties upon three, the present would be a cheaper
system of Courts than the one proposed by about one thousand dol-
lars per annum. Or, if we add to the number of Judges proposed
until they equal the present Circuit Court strength, we shall have a
system costing more than our present system, by about five thous-
and dollars per annum, supposing the same per diem and mileage
allowed as proposed by the bill.
One of three results would evidently follow from the organization
proposed. We should be compelled to limit the Supreme Court to
a single term, to be held at a single point in the State, or we should
increase the number of Judges to at least seven, or we should send
out hastily prepared, and poorly sustained decisions. The limit to
a single term would be inconvenient and unsatisfactory to a large
Portion of the State. The additional number of Judges would be at
an expense entirely unnecessary; and the poor and hasty decisions

44

would be a reflection on our young State, which I am sure would be
a source of mortification and regret to all.
The experience of our sister States has generally shown the ad.
vantage of the separate Supreme Court system, and they have with
great unanimity adopted it. I respectfully suggest that we had bet-
ter profit by their experience.
I have thus, I fear at tiresome length, assigned the reasons which
induced me to withhold my signature from the bill entitled An Act
to create a fifth Judicial Circuit, and to confer the powers and de-
volve the duties of the Justices of the Supreme Court upon the Cir-
cuit Judges." Very Respectfully,
JAMES E. BROOME.
On motion, the House adjourned until to-morrow morning, 10
o'clock.

THURSDAY, November 29, 1855.
he House met pursuant to adjournment-a quorum present.
Mr. Bowers, the Representative from Walton County, appeared
and took his seat.
Mr. John Darling, Representative elect from Hillsborough and
Manatee Counties, in the place of Jesse Carter resigned, presented.
his certificate of election, was duly sworn and took his seat.
The Rev. Mr. Anderson officiated as Chaplain.
The reading of the Journal of yesterday was dispensed with.
The Speaker announced the following Standing Committees:
Committee on Judiciary, On Elections.
FEssRS. POPE, MESSRs. DILWORTH,
GALBRAITH, CHAIRS,
DILWORTH, WHITEHURST,
PARSONS, PRESCOTT,
IVES. TAYLOR.

On Claims, On Federal Relations.
MEasss. COLSON, MEssns. MAYS,
VANZANT, POPE,
RIVIERE, SPEER,
BRASWELL, BROWN,
ROWLEY. PENN.

On Finance. On Corporations.
S- M ssKs, PARSONS, MA sses, TAYLOR,

45

THOMPSON of Levy,
WHITEHURST,
HADDOCK,
HAYNES.

On Internal Improvement.
MESSRS. THOMPSON of Levy,
MAYS,
LANGFORD,
PENN,
FENNELL.

On Agriculture.
MESSRS. BELLAMY,
HAYNES,
VANZAN'P,
JOHNSTON,
BRASWELL.

On Militia.
MESSRS. SHINE,
PARSONS,
HOLLOMAN,
DILWORTH,
PORTER.

"PRESCOTT,
DISMUKES,
THOMPSON of St. Rosa,
DARLING.

On Indian Afairs.
MESSRS. SPEER,
MAYS,
HADDOCK,
CHAIRS,
DARLING.

On Schools and Colleges.
MESSRs. FOY,
GALBRAITH,
WHITEHURST,
SHINE,
TAYLOR.

On State Lands.
MESSRs. PRESCOTT,
PARSONS,
ROWLEY,
DISMUKES,
VANZANT.

On Engrossed and Enrolled Bills. On the State of the Capitol.
MESSRS. IVES, MESSRs. CHAIRS,
BELLAMY, CHRISTIE,
HOLLOMAN, NEEL,
COLSON, JOHNSTON,
FOY. LANGFORD.

On Propositions and Grievances. On Census and Apportionment.
MESSRS. PENN, MESSRs. GALBRAITH,
CHRISTIE, PARSONS,
BOWERS, RIVIERE,
NEEL, THOMPSON of Levy,
COLSON. POPE,
SPEER,
PENN.

46

Ordered, That 75 copies of the Standing Committees be printed
for the use of the House.
Pursuant to previous notice, Mr. Ives introduced a bill to be enti-
tled an Act to authorize the introduction of Receivers' Receipts as
,evidence of title to lands purchased from the United States in certain
cases;
Which was read the first time and ordered to be read a second
time on to-morrow.
Mr. Parsons presented a petition from A. T. Frierson, asking the
passage of an act permitting his son, Samuel G. Frierson, a minor, to
assume the management of his own estate;
Which was read and referred to a Select Committee consisting of
Messrs. Parsons, Langford and Chaires.
Mr. Thompson of Levy presented a memorial of sundry citizens
*of Cedar Keys asking to be relieved front Road duty on the main
land;
Which was read and referred to the Committee on Propositions
and Grievances.
A letter was -received from Mr. Charles E. Dyke, resigning the
office of Printer to the House;
Which was read, and the resignation accepted.
On motion, the House 'proceeded to the election of a Printer in
the place of Mr. Dyke.
Mr. Galbraith nominated Mr. James S. Jones.
The vote was:
FOR JONES-Mr. Speaker,Messrs. Bellamy, Bowers, Braswell,
Chaires, Christie, Colson, Dilworth, Foy, Galbraith, Haddock, John-
ston, Langford, Parsons, Penn, Prescott, Shine, Speer,. Taylor,
Thompson of Levy and VanZant-21.
BLANK--Iessrs. Brown, Dismukes and Ives-3.
Mr. James S. Jones was declared duly elected Printer of the
House.
A bill to be entitled an Act in relation to Assaults with intent to,
commit Rape, and for other purposes;
Was read the second time, and on motion, the House resolved -it-
self into a Committee of the Whole for the consideration of said bill-
Mr. Galbraith in the Chair.
After some time spent in consideration of said bill, the Committee
rose, and by its Chairman reported said bill back to the House, with
amendments.
Which report was received, and the amendments concurred in.
On motion, said bill was ordered to be read a third time on to-
morrow.
Senate bill to be entitled an Act granting the right of appeal from
the Judges and orders of the Board of County Commissioners to the
Circuit Court;

47

Was read the second time and referred to the Judiciary Commit-
tee.
A bill to be entitled an Act to amend an Act amendatory of the
several Acts now in force in this State, in relation to trading with
negroes;
Was read the second time, and ordered to be read a third time on
to-morrow.
A bill to be entitled an Act to organize the County of Taylor;
Was read the second time, and made the special order of the day
for Monday next.
Senate Preamble and Resolutions asking the establishment of a
Mail Route along the Bellamy Road, between the St. Johns River
and Newnansville, in the County of Alachua, and the transmission of
semi-weekly mails over said route;
Were read the first time, and ordered to be read a second time on
to-morrow.
Senate amendments to a bill to be entitled an Act providing the
mode and manner of carrying up appeals from the Courts of Justices
of the Peace, and for other purposes;
Were read, and on motion, Mr. Galbraith was permitted to with-
draw the bill.
Senate bill to be entitled an Act to amend the act regulating Com-
mon Law proceedings;
Was read the second time and ordered to be read a third time on
to-morrow.
Senate bill to be entitled an Act to amend an act now in force in
relation to the Partition of Estates, real and personal;
Was read the second time and ordered to be read a third time on
to-morrow.
Senate bill to be entitled an Act to incorporate the Lagoon and
Perdido Canal Company;
Was read the second time by its title and laid on the table.
A bill to be entitled an Act to revive certain acts heretofore passed
ih reference to the re-establishment of records destroyed by fire;
Was read the second time and laid upon the table.
Senate bill to be entitled an Act to repeal an act entitled an act
for the relief of George W. Philips, approved January 14th, 1853;
Was read the first time and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an Act to amend an act relative to taking
Depositions under Commission;
Was read the second time and ordered to be read a third time on
to-morrow.
A bill to be entitled an Act to amend the Common School Laws
now in force in this State;

48

Was read the second time and referred to. the Committee on Schools
and Colleges.
A bill to be entitled an Act requiring an oath of secrecy to be ad-
ministered to Witnesses and Bailills in the Circuit Courts of this
State in certain cases, and for other purposes;
Was read the second time, and referred to the Judiciary Commit-
tee.
Senate Resolution in relation to the payment of the accounts of
Henry J. Stewart and William J. J. Duncan;
Was read the second time, and ordered.to be read a third time on
to-morrow.
A bill to be entitled an Act to provide for the permanent location
of the seat of Government, and for other purposes;
Was read the second time, and on motion of Mr. Speer, indefi-
nitely postponed.
Mr. Mays moved a reconsideration of the vote indefinitely post-
poning said bill;
Which motion was lost.
On motion, the House adjourned until to-morrow morning, 10
o'clock.

FRIDAY, November 30th, 1855.

The House met pursuant to adjournment-a quorum present.
Mr. Lyman W. Rowley of Escanmhi,, Mr. Benjamin W. Thomp-
son of Santa Sosa, and Mr. Denipsey Fennell of Holmes, appeared
and took their seats.
The Rev. Mr. Anderson officiated as Chaplain.
The Journal of yesterday's proceedings was read and approved.
Mr. Dismukes gave notice that he would on some future day ask
leave to introduce a bill to be entitled an Act to repeal an act in re-
lation to the County Commissioners of Gadsden County.
Mr. VanZant gave notice that he would on some future day ask
leave to introduce a bill to be entitled an Act to authorize Nathaniel
Bryant to establish a terry across the Suwannee River.
Mr. Ives gave notice that lie would on some future day ask leave
to introduce the following bills, viz:
A bill amendatory to the laws now in force in relation to the ac-
knowledgment or proof of Deeds; and
A bill to establish a new Judicial Circuit.
Mr. Darling presented a petition from sundry citizens of Hillsbor-
ough and Manatee Counties, asking a change in the boundary lines
of said Counties;
Which was read, and referred to a Select Committee consisting of
Messrs. Darling, Foy and Dismukes.

49

Mr. Darling presented. the petition of Albert J, Hendry and George
W. Hendry, asking the passage of a bill authorizing them to assume
the management of their own estates;
Which was read and referred to the Judiciary Committee with in-
structions to report a bill as prayed for.
Mr. Darling presented the petition of John L. Tatum asking the
passage of a bill authorizing him to practice law in the several courts
of this State;
Which was read.
On motion, the rule was waived, and Mr. Darling was permitted
to introduce without previous notice a bill to be entitled an Act for
the relief of John L. Tatum;
Which was read the first time and ordered to be read a second
time on to-morrow.
The following message from the Senate was received:
SENATE CHAMBER,
TAILAHASSEE, Nov. 29th, 1855.
To the Honorable Speaker
of the House of Representatives :
SI :-The Senate has this day passed the enclosed bill to be en-
titled an Act to amend an act incorporating the City of Apalach-
icola.
The Senate has indefinitely postponed House bill to be entitled an
Act to regulate the Pilotage of the Bar'of the River St. Johns.
JOHN S. PURVIANCE,
Secretary of Senate.
Ordered, That Senate bill to be entitled an Act to amend an act
incorporating the city of Apalachicola, be placed among the orders
of the day.
A bill to be entitled an Act to authorize the introduction of Re-
ceiver's Receipts as evidence of title to lands purchased from the
United States, in certain cases;
Was read the second time and referred to the Judiciary Com-
mittee.
A bill to be entitled an Act in relation to Assaults with intent to
commit Rape, and for other purposes;
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Braswell, Brown,
Chaires, Colson, Darling, Dismukes, Foy, Galbraith, Ives, Mays,
Parsons, Prescott, Rowley, Speer, Thompson of Levy, Thompson
of Santa Rosa and VanZant-20.
Nays-Messrs. Dilworth, Haddock, Langford, Penn and Shine-5.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to amend an act amendatoryy of the
7

50 *

several acts now in force in this State in relation to trading with ne-
groes;
Was read the third time, and put upon its passage, upon which
the vote was:
Yeas-None.
Nays-Mr. Speaker, Messrs. Bellamy, Braswell, Brown, Chaires,
Christie, Colspn, Darling, Dilworth, Dismnkes, Fennell, Foy, Gal-
braith, Haddock, Ives, Langford, Mays, Parsons, Penn, Prescott,
Rowley, Shine, Thompson of Levy, Thompson of Santa Rosa and
VanZant-25.
So the bill was lost.
Senate Preamble and Resolutions asking the establishment of a
Mail Route along the Bellamy Road, between the St. Johns River
and Newnansville, in the County of Alachua,[and the transmission of
semi-weekly mails over said Route;
Were read the second time, and ordered to be read a third time on
to-morrow.
Senate bill to be entitled an Act to amend the Act regulating Com-
mon Law proceedings:
Came up on its third reading, and was postponed until Tuesday
next.
Senate bill to be entitled an Act to amend an Act now in force in
relation to the partition of estates, real and personal;
Was read the third time, and put upon its passage, upon which
the vote was:
Yeas-None.
Nays-Mr. Speaker, Messrs. Bellamy, Braswell, Brown, Chaires,
Christie, Colson, Darling, Dilworth, Dismukes, Fennell, Foy, Gal-
braith, Haddock, Ives, Langford, Mays, Parsons, Penn, Prescott,
Rowley, Shine, Speer, Taylor, Thompson of Levy, Thompson of
Santa Rosa and VanZant-27.
So the bill was lost.
Ordered that the same be certified to the Senate.
Senate bill tobe entitled an Act to repeal an Act entitled an Act
for the relief of George W. Philips, approved January 14, 1853;
Was read the second time, and referred to the Committee on Pro-
positions and Grievances.
Senate bill to be entitled an Act to amend an Act relative to
taking Depositions under Commission;
Came up on its third reading, and the rule being waived, was re-
ferred to the Judiciary Committee.
Senate Resolution in relation to the payment of the accounts of
Henry J. Stewart and William J. J. Duncan;
Was read the third time.
Mr. Dilworth asked to be excused from voting on the question of
the adoption of said Resolution;

51

Which was not agreed to.
The Resolution was then put upon its passage, upon which the vote
was:
Yeas-Mr. Speaker, Messrs. Bellamy, Brown, Darling, Dilworth,
Dismukes, Fennell, Haddock, Ives, Langford, Mays, Parsons, Penn,
Prescott, Rowley, Shine, Speer, Taylor, Thompson of Levy, and
Thompson of Santa Rosa-20.
Nays-Messrs. Bowers, Braswell, Chaires, Christie, Colson, Foy,
Galbraith and VanZant-8.
So the Resolution was adopted.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act to organize the County of Haynes;
Came up on its second reading, and was postponed and made the
special order of the day for Wednesday next.
A bill to be entitled an Act to incorporate the Tallahassee and
Georgia Railroad Company;
Was read the second time by its title, and laid upon the table.
Senate bill to be entitled an Act to incorporate a Bank in the city
of Tallahassee;
Was read the second time by its title, and laid upon the table, and
75 copies of said bill ordered to be printed.
Senate bill to be entitled an Act to amend an Act incorporating
the city of Apalachicola;
Was read the first time, the rule waived, read the second and third
times, by its title, and put upon its passage, upon which the vote
was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Brasw.ell, Brown,
Chaires, Christie, Colson, Darling, Dilworth, Dismukes, Foy, Gal-
braith, Haddock, Ives, Langford, Mays, Parsons, Penn, Prescott,
Rowley, Shine, Speer, Taylor, Thompson of Levy, Thompson of
Santa Rosa, and VanZant-27.
Nays-None.
So the bill passed, having received the requisite Constitutional ma-
jority-title as stated.
Ordered that the same be certified to the Senate.
On motion, the House adjourned until to-morrow morning, 10
o'clock.

SATURDAY, December 1, 1855.

The House met pursuant to adjournment-a quorum present.
Mr. Barton C. Pope of Madison County, and Mr. A. L. Riviere,
of Jackson County, appeared and took their seats.
The Rev. Mr. Anderson officiated as Chaplain.

The Journal of yesterday was read and approved.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Dell:
A bill to be entitled an Act to regulate the fees of County Sur-
veyors;
A bill to be entitled an Act in relation to Minors choosing Guar-
dians; and
A bill to be entitled an Act to allow William Colson to enter the
Northeast quarter of Section 16, Township 7, Range 19, of the
Common School Fund.
By Mr. Speer:
A bill to permit M. A. Brownlee to establish a ferry across the St.
Johns River at a place known as Volusia.
By Mr. Darling:
A bill to abolish the 10th Section of the 6th Article of the Consti-
tution; and
A bill to provide for filling vacancies in the office of Clerk of the
Circuit, Supreme and Chancery Courts.
By Mr. Ives:
A bill to be entitled an Act for the relief of certain persons therein
named.
By Mr. VanZant:
A bill to be entitled an Act granting a charter for a Bridge across
the Suwannce River.
By Mr. Mays:
A bill to be entitled an Act to prevent Slaves in the City of St.
Augustine from hiring their own time.
By Mr. Specr:
A bill to be entitled an Act to permit the voters of Orange County
to establish permanently the County Site of said County.
On motion, the rule was waived to permit Mr. Parsons to intro-
duce without previous notice, a bill to be entitled an Act to establish
the ad valorem system of taxation;
Which was read the first time, the rule waived, read a second time
by its title, and 75 copies thereof ordered to be printed.
The Speaker laid before the House a petition of 68 citizens of Co-
lumbia County, residing near New River, asking that so much of said
County as lies Southeast of New River be attached to Alachua
County;
Which was read and referred to the Committee on Propositions
and Grievances.
The following Report was received and read:
The Select Committee to whom was referred the petition of A. L.
Frierson, asking that his son might be empowered to manage his own
estate,

53

REPORT:
That they present herewith a bill for that purpose, and recommend
its passage.
JNO. PARSONS,
THOSE. LANGFORD.
The accompanying bill to be entitled an Act to empower Samuel
G. Frierson to assume the management of his own estate, was read
the first time, and ordered to be read a second time on Monday
next.
The following message from the Senate was read:
SENATE CHAMBER, TALLAIASSEE, FLORIDA,
November 30th, 1855.
lion. Speaker of the
House of Representatives:
SIR:-Messrs. Long, Perry, Filor, Myrick and Smith have been
appointed a Joint Select Committee on the part of the Senate to act
with a similar Committee on the part of the House of Representa-
tives upon the subject of Census and Apportionment.
The Senate has also passed the following Resolution, in which the
concurrence of the House of Representatives is respectfully solicited:
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That our Senators
and Representative he requested to use their efforts to procure the
passage of an Act by Congress, authorizing Appeals and Writs of
Error from the District Courts of Florida to the Circuit Court of
Georgia as in the case of other District Courts.
Very Respectfully, &c.,
JOHN S. PURVIANCE,
Secretary of Senate.
On motion, the Standing Committee of the House upon Census
and Apportionment, was appointed a Joint Select Committee on the
part of the House, to act with the Committee appointed on the part
of the Senate on that subject.
Ordered that the same be certified to the Senate.
Senate Resolution authorizing Appeals and Writs of Error from
the District Courts of Florida to the Circuit Court of Georgia, was
placed among the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an Act for the relief of John L. Tatum;
Was read the second time and referred to the Judiciary Commit.
tee.
Senate Preamble and Resolutions asking the establishment of a
Mail Route along the Bellamy Road between the St. Johns River
and Newnansville, in the County of Alachua, and the transmission
of semi-weekly mails over said route;

54

Were read the third time and adopted.
Ordered that the same be certified to the Senate.
Senate Resolution authorizing Appeals and Writs of Error from
the District Courts of Florida to the Circuit Court of Georgia;
Was read the first time, the rule waived, read the second and third
times by its title, and adopted.
Ordered that the same be certified to the Senate.
On motion of Mr. Parsons, the different portions of the Governor's
Message were referred to the appropriate Committees.
On motion, the House adjourned until Monday, 12 o'clock, M.

STANDING RULES OF THE HOUSE.

RULE 1. The Speaker shall take the Chair every day, precisely
at the hour to which the House shall have adjourned on the preced-
ing day; shall immediately call the members to order, and on the
appearance of a quorum, shall cause the Journal of the preceding
day to be read.
2. He shall preserve order and decorum; may speak to points of
order in preference to other members, rising from his seat for that
purpose; and shall decide questions of order, subject to an appeal
to the House by any two members; on which appeal no member
shall spe.k 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 owher, 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, stand-
ing in his place, and when he has finished shall sit down; nor shall
any member speak more than twice on any one subject without
leave of the House.
6. When two or more members shall rise at the same time, the
Speaker shall name the person entitled to proceed.
7. When a member shall be called to order, he shall sit down un-
til the Speaker shall have determined whether he is in order or not;
and every question of order shall be decided by the Speaker, without
debate, subject to an appeal to the House.
8. If a member shall be called to order for words spoken, the ex-
ceptionable words shall be immediately taken down in writing by
the person objecting, that the Speaker may be better able to judge
of the matter.
9. No member shall absent himself from the service of the House

55

without leave of the House ; and in case a less number than a quo-
rum shall convene, they are hereby authorized to send the Sergeant-
at-Arms for (any or) all absent members, as the majority of such
members present shall agree, at the expense of such absent members
respectively, unless such excuse 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 post-
pone to a certain day, to commit or to amend; which several mo-
tions shall have precedence in the order in which they stand arrang-
ed ; and the motion for adjournment shall always be in order, and
the motions to adjourn or lay on the table shall be decided without
debate.
12. If the question in debate contains several points, any member
may have the same divided.
13. In filling up blanks, the largest sum and longest time shall be
first put in.
14. When the reading of a paper is called for, and the same is ob-
jected 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 consent of the House, and no motion to permit such mem
her to vote, shall be in order, unless it shall be made before the
House shall proceed to other business.
17. On a motion made and seconded to shut the door of the House
in the discussion of any business, in which discussion the public 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, and no person shall be admitted except by special order of the
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 there-
of; 3d, resolutions; 4th, reports of Standing Committees; 5th, r"e

56

ports of Select Committees; 6th, messages from the Senate lying on
the table ; and lastly, orders of the day.
19. When a question has been once made and carried in the affir-
mative or negative, it shall be in order for any member of the ma-
jority to move for a re-consideration thereof; but no motion for the
re-consideraticn of any vote shall be in order after a bill, resolution,
message, report, amendment, or motion upon which the vote was
taken, shall have gone oui, of the possession of the house, announc-
ing their decision ; nor shall any motion for re-consideration 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 thereaf-
ter.
20. All questions shall be put by the Speaker of the House, and
the member's shall signify their asset or dissent, by answering 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 tern., 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 eith-
er to the House or the Speaker thereof, shall be received and read
at the table, whether the same be introduced by the Speaker or a
member, a brief statement of the contents of the petition, memorial,
or other paper, shall be made by the introduced.
23. One day's notice at least shall be given of an intended motion
for leave to bring in a bill, and ro bill shall be written or printed
except by express older of the House.
24. Every bill and all resolutions of a public nature, or for the ap-
propriation of the public money, shall receive three readings previous-
ly to the final passage of such bill or resolutions, and the Speaker
shall give notice at each whether it be the first, second, or third read-
ing; which readings shall be on three different days, unless four-fifths
of the members shall otherwise direct.
25. At the second reading of any bill or resolution, it shall be in
order for any member to move its commitment to a Committee of
the whole House; that it lty on the table ; for its indefinite postpone-
ment ; for its postponement to a day certain, not beyond the session ;
for its commitment to a Standing Committee; to a Select Commit-
tee; 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 reso-
lution until it shall have passed its third reading.
27. The titles of bills, and such parts thereof only as shall be af-
fected by proposed amendments, shall be inserted on the journals.
28. The following Standing Committees, to consist of not less than
five members each, shall be appointed by the Speaker at the com-

moncement of each session, with leave to report, by bill or otherwise,
viz: A Committee on the Judiciary ; a Committee on the Militia;
a Committee on Finance and Public Accounts; a Committee on
Claims; a Committee on Schools and Colleges; a Committee on
Internal Improvements; a Committee on Enrolled Bills and En-
grossed Bills ; a Committee on Elections ; a Committee ou Propo-
sitions and Grievances; a Committee on Federal Relations; a Com-
mittee on Corporations; a Committee on Indian Affairs, and a Com-
mittee on Agriculture.
29. All! confidential communications made by the Governor to
the House, and all business in the consideration of which the injunc-
tion of secrecy shall have been imposed, shall be by the members
thereof kept secret, until the House by its resolution shall take off
the injunction of secresy.
30. Each member of Select Committees shall, with their Chair-
man, sign every report made to the House, if they concur therein.
31. Messages may be received at any stage of the business, except
while a question is being put, or while the yeas and nays are being
called.
32. The Gorernor and Si'cretary 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, Sergent-at-Arms and Door-Keeper shall be sev-
erally sworn by a judicial officer of the State, well and faithfully to
discharge their respective duties, and to keep secret the proceedings
of the House, when sitting with closed doors.
34. All acts, addresses and joint resolutions shall lie signed by
the Speaker ; andl 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 lob-
by, the Speaker, or Chairman of the Committee of the Whole House,
shiall 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 oni the floor, or elsewhere, as shall not interfere e with the con-
venience o 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?" and shall he decided by a majority of
8

iho members present, without debate ; and until it is decided it shall
preclude all amendments, and further debate of the main question.
40. When a question is postponed indefinitely, the same shall not
be acted upon again during the session.
41. No motion or proposition on a subject different from that un-
der consideration, shall be admitted under color of amendment.
42. The unfinished business in which the House was engaged at
the adjournment, shall have the preference in the orders of the day;
and no motion on any other business shall be received without spe-
cial leave of the House, until the former is disposed of.
43. Upon the call of the House, the names of the members shall
be called over by the Clerk and the absentees noted; after which,
the names of the absentees shall again be called over, the doors
shall then be shut, and those for whom no excuse or insufficient ex-
cuses are made, may by order of those present, he taken into custo-
day 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 hanl, and without erasures or interlineations.
48. No amendment, by way of rider, shall be received to any
bill on its third reading.
49. When a bill or resolution shall have passed its third reading,
it shall be carefully engrossed under the direction of the Clerk; be
certified by him, noting the day of its passage at the toot thereof, and
shall be transmitted to the Senate, accompanied with a message, sta-
ting 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 debated
by clauses, leaving the preamble to be last considered ; the body of
the said bill shall not be interlined and defaced, but all amendments,.
noting the page and line, shall be duly entered by the clerk on a sep-
arate paper, as the same shall be agreed to by the committee, Lnd so
reported to the House. After report, the bill sha!l again be subject
to be debated and amended by clauses.

59

61. 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 Door-keeper, unless otherwise directed by the House.
53. No bill shall be introduced into the House on the lasf week
of tie session, nor shall the above rules, or any of them, be.rescind-
ed or suspended, unless three-fourths of the members present so
direct.

MONDAY, December 3d, 1855.

The House met pursuant to adjournment.
Mr. Harlee Jones, Representative from Nassau County, appeared)
and took his seat. /
The roll being called, the following members answered to their
names, viz:
Mr. Speaker, Messrs. Bowers, Braswell, Brown, Darling, Fennell,
Foy, Galbraith, Haddock, Ives, Jones of Nassau, Langford, Mays,
Parsons, Riviere, Shine, Speer, Thompson of Levy, Thompson of
Santa Rosa, and VanZant-20.
There being no quorum present, the list of absentees was again
called, and none of them answered to their names.
On motion, the doors were closed, and the Sergeant-at-Arms in-
structed to cause the appearance of the absent members.
Messrs. Rowley, Chaires and Christie appeared at the bar of the
House, and were excused without the payment of fees.
The Speaker announced that a quorum was present.
The Rev. Mr. Anderson officiated as Chaplain.
The Journal of Saturday was read and approved.
On motion, the House reconsidered the vote on Saturday last, or-
dering the printing of 75 copies of a bill to be entitled an'Act to es-
tablish the ad valorum system of taxation, and said bill was referred
to the Committee on Finance.
In pursuance of a motion adopted on Saturday, that the respective
portions of the Governor's message be referred to the appropri-
ate Committees;
Ordered, That so much of the Governor's Message as relates to
the Reports of the Comptroller and Treasurer upon the General Fund
of the State, and those portions of the Message relating to State
Debt, Taxation, and Criminal Prosecutions, be referred to the Com-
mittee on Finance;
That so mfich of the Message as relates to the Report of the
Treasurer and Register upon the 'Seminary and Common School
Fund, be referred to the Committee on Schools and Colleges;

60

That so.much of the Message ,as relates to the Report of the
Treasurer upon the Internal Improvement Fund, the Report of the
State Engineer and Geologist, and to Internal Improvements, be re-
ferred to the Committee on Internal Improvements;
That so much of the Message As relates to Census Returns be re-
ferred to the Committee on Census and Apportionment;
That so much of the Message as relates to Charters be referred
to the Committee on Corporations ;
That so much of the Message as relates to Amendments of the
Constitution and the Boundary Line be referred to the Committee on
the Judiciary;
That so much of the Message as relates to Swamp and Overflowed
Lands be referred to the Committee on State Lands;
That so much of the Message as relates to Indians be referred to
the Commitee on Indian Affairs;
And that so much of' the Message as refers to our Federal Rela-
tions be referred to the Committee on Federal Relations.
The following Bills and Resolutions which had passed the House,
were transmitted to the Senate, viz:
A bill to be entitled an Act in relation to Assaults with intentto
commit Rape, and for other purposes;
Senate bill to be entitled an Act to amend an act incorporating
the City of Apalachicola;
Senate Resolution in relation to the payment of the accounts of
Henry J. Stewart an:l William J. J. Duncan ;
Senate Preamble and Resolutions asking the establishment of a
Mail Route alowg the Bellamy Road, between the St. Johns River
and Newnansville, in the County of Alachua, and the transmission of
semi-weekly mails over said route; and
Senate Resolution respecting Appeals and Writs of Error from the
District Courts of Florida to the Circuit Court of Georgia.
On motion of Mr. Galbraith,
Senate bill to be entitled an Act to incorporate a Bank in the City
of Tallahassee, was taken from the table and referred to the Com-
mittee on Corporations.
The rule being waived, Mr. Rowley was permitted to introduce
without previous notice, a bill to be entitled an Act authorizing cer-
tain persons to practice law in the Courts of this State;
Which was placed among the orders of the day.
Pursuant to previous notice, the following bills were introduced
and placed among the orders of the day, viz:
By Mr. Speer:
A bill to be entitled an Act to establish a Ferry across the St.
Johns River.
By Mr. Darling:

61

A bill to be entitled an Act to amend the 6th Article of the Con.
sti'ution ; and
A bill to be entitled an Act to provide for filling vacancies in the
office of Clerk of the Circuit, Supreme and Chancery Courts.
By Mr. VanZant:
A bill to be entitled an Act to authorize Nathaniel Bryant to es-
tablish -a Ferry across the Suwannee River at Shoal Town.
By Mr. Ives:
A bill to be entitled an Act for the relief of certain persons therein
named.
By Mr. Mays:
A bill to be entitled an Act to prevent slaves in the City of St.
Augustine from hiring their own time.
The rule being waived, Mr. Parsons was permitted to introduce,
without previous notice, a bill to be entitled an Act to amend the act
incorporating the Florida Railroad Company;
Which was placed amon the orders of the day.
The rule being waived, Mr. Ives was permitted to introduce, with-
out previous notice, a bill to be entitled an Act to amend the election
laws;
Which was placed among the orders of the day.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Bowe s:
A bill to be entitled an Act to increase the jurisdiction of Justices
of the Peace, and for other purposes.
By Mr. Langford:
A bill for the relief of William Sapp of Madison County.
By Mr. Foy:
A bill to be entitled an Act to authorize Bennett J. Horne to es-
tablish a Toll Bridge across the Witllacoochee River.
On motion, Mr. Taylor was excused from attendance for to-day.
On motion, further proceedings under the call of the House were
dispensed with.
Mr. Darling offered the following resolution, which was adopted
Resolved, That the Judiciary Committee be instructed to report
to this House at as early a day as practicable, by bill or otherwise,
whether or not it will aid the attainment of justice, and lessen the
expenses of Criminal Prosecutions, to cause all complaints for Petty
Larceny, Adultery, Fornication, and Adultery and Fornication, to be
removed from the cognizance of Grand Juries, unless the same are
sent up to Court by a Justice of the Peace or other committing Mag-
istrate; Also whether or not the criminal law can be more effectual-
ly administered by increasing the number of Grand Juries to twenty-
three Jurors ; And also whether,or not justice does require that the
compensation now allowed by law to Sherifs or Jailors for feeding

prisoners should be increased; And to amend the present laws so
that the selections of Grand Jurors may be made from the best men
upon the jury panel.
Mr. Thompson of Levy offered the following resolution, which
was adopted:
Resolved, That the proper departments furnish this House with
the Documents accompanying the Governor's Message.

ORDERS OF THE DAY.

A bill to be entitled an Act to empower Samuel G. Frierson to as-
sume the management of his own estate;
Was read the second time, and ordered to be read a third time on
to-morrow.
A bill to be entitled an Act authorizing certain persons to practice
law in the Courts of this State;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to establish a Ferry across the St.
Johns River;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to amend the 6th Article of the Con-
stitution ;
Was read three times as of the first dayand ordered to be read
again on to-morrow.
A bill to be entitled an Act to provide for filling vacancies in the
office of Clerk of the Circuit, Supreme and Chancery Courts;
Was read the first time, the rule waived, read a second time by its
title, and referred to the Committee on the Judiciary.
A bill to be entitled an Act to authorize Nathaniel Bryant to es-
tablish a Ferry across the Suwannee River at or near Shoal Town;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act for the relief of certain persons there-
in named;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to prevent slaves in the city of St. Au-
gustine from hiring their own time;
Was read the first time, the rule waived, read the second and third
times by its title, and put upon its passage, upon which the vote
was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Braswell, Brown,
Chaires, Christie, Darling, Fennell, Foy, Galbraith, Haddock, Ives,
Jones of Nassau, Langfbrd, Mays, Parsons, Riviere, Rowley, Shine,

63

Speer, Thompson of Levy, Thompson of Santa Rosa and VanZant
-24.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act to amend the act incorporating the
Florida Railroad Company;
Was read the first time, and ordered to be read a second: time on
to-morrow.
A bill to be entitled an Act to amend the election laws;
Was read the first time and ordered to be read a second time on
to-morrow.
The following message was received from his Excellency the Gov-
ernor:
EXECUTIVE CHAMiBER,
Tallahassee, November 30, 1855.
Fellow-Citizens of the Senate
and House of Representatives:
Under an interlocutory decree of the Supreme Court of the Uni-
ted States, in the suit pending between this Stiat and Georgia for
the settlement of the boundary line, it became my duty, in June,,
1854, to appoint a Commissioner and Surveyor, to rnwet a similar
Commission on the part of the State of Georgia, for the purpose of
procuring such information, making such surveys, and running such
lines as would enable the Court to decide understandingly. So far as
Florida was concerned, the service required was for the benefit of the
United States, as the proprietor of the Jand along the line, and it
was expected that the expenses incurred by us would be refunded.
I therefore selected as Surveyor, B. F. Whitner, Jr.,, the same gen-
tleman who had been appointed by the Government to survey the
line between Florida and Alabama, and contracted with him that his
net per diem should equal that made while engaged in that service,
This enabled me to settle with him without difficulty under the au-
thority conferred upon me by an act entitled "An act to provide for
the expenses of Florida in the settlement of Boundary with the State
of Georgia."
In regard to the Commissioner, Col. B. F. Whitner, I have not
been so fortunate. He rendered valuable services, not only in the
actual examination and exploration, under circumstances of temper-
ature, &c., which endangered health and life, but collected, at great?
inconvenience, a mass of testimony of rare value. His investigations
were of the most laborious character. His report was one of signal
ability, and I have reason to know is considered by the counsel in
the case a valuable and important document. He was my own ap--
pointee, and without a contract, and I have therefore felt a delicacy
in fixing a price upon his services. The State of Georgia paid her

64

Commissioner, for the same service, two thousand dollars, and the
United. States paid their Commissioner, T. M. Randolph, for a far
less perfect investigation, and at a much more favorable season of
the year, over nineteen hundred dollars.
With these facts before me, I advanced to Col. Whitner fifteen
hundred dollars on account of his services, and beg leave to refer the
settlement of the matter back to the General Assembly, and respect-
fully recommend such a provision as may be deemed just to Colonel
Whitner and honorable to the State.
Your fellow-citizen,
JAMES E. BROOME.
Which was read and referred to the Committee on Finance.
On motion, the House adjourned until to-morrow morning, 10
o'clock.

TUESDAY, December 4th, 1855.

The House met pursuant to adjournment-a quorum present.
Mr. D. W. Hollaman, a Representative from Gadsdcn County
'appeared and took his seat.
The Rev. Mr. Anderson officiated as Chaplain.
The .Journal of yesterday was read and approved.
A bill to be entitled an Act to prevent Slaves in the City of St.
Augustine from hiring their own time, which had passed the House,
was transmitted to the Senate.
Pursuant to previous notice, the following bills were introduced and
placed among the orders of the day, viz :
By Mr. Foy:
A bill to be entitled an Act to authorize Bennett J. Horne to build
a Toll Bridge across the Withlacoochee River.
By Mr. Dismukes:
A bill to be entitled an Act to repeal an Act in relation to election
of County Commissioners in the County of Gadsden.
By Mr. Dell:
A bill to be entitled an Act to allow William Colson to enter the
Northeast quarter ot Section 16, Township 7, Range 19, South and
East? of the Common School Fund;
A bill to be entitled an Act in relation to Minors choosing Guar-
dians;
A bill to be entitled an Act to regulate the fees of County Sur-
veyors.
By Mr. Speer:
A bill to be entitled an Act for the election of a County Site in
Oraine County.

Mr. Foy gave notice that he would on some future day ask leave
to introduce a bill to be entitled an Act for the relief of James B.
Barfoot of Marion County.
On motion, Mr. Galbraith was added to the Committee on Cor-
porations.
The following message was received from the Senate:
SENATE CHAMBER
TALLAIIASSEE, December 3, 1855.
Hon. Speaker of the
House of Representatires :
Slt--The Senate has this day indefinitely postponed a House bill
to be entitled an Act in relation to Assaults with intent to commit
Rape and for other purposes.
The Senate has also ordered the printing of 75 copies of a bill to
be entitled an Act to facilitate the construction of the various lines of
Rail Road provided for by the act entitled an Act to provide for
and encourage a liberal system of Internal Improvement in this State,"
approved January 6th, 1855.
Very Respectfully,
JOHN S. PURVIANCE,
Secretary of the Senate.
The following message was received from the Senate:
SFNATE CIAMB1ER,
TALLAHIASSEE, December 1st, 1855.
Honorable Speaker of the
House of Representatives :
SIR-The Senate has passed the following Resolution, in which
the concurrence of the House of Representatives is respectfully re-
quested, viz:
Be it Resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That our Senators
and Representative be, and they are hereby requested to procure the
establishment of a Land Office in Santa Rosa County.
Very Respectfully,
JOHN S. PURVIANCE,
Secretary of the Senate.
Which was read, and the accompanying resolution was placed
among the orders of the day.
Mr. Darling offered Resolutions asking Congress to establisha new
Collection District to be called the District of Tampa;
Which were read the first time and ordered to be read a second
time oil to-morrow.
The Judiciary Committee made the following Report:
The Committee of the Judiciary to whom was referred a Bill to
be entitled An Act granting the right of appeal from the judgments
and orders of the Board of Counntyv ('Co nissioners t, tl o Cireuit
<9

65

Court," ask leave to report that they have had the same tender con-
sideration and recommend that it do pass. The Bill as its title de-
clares merely asks that the right of appeal from the Board of Coun-
ty Commissioners be granted. It is intended to provide for the le-
gal decision of such questions, as may arise before the Board of
County Commissioners, by those authorities which by their position
and experience are better able to determine them with justice. Am-
ple provision is made by which frivolous appeals will be prevented.
J. B. GALBRAITH,
for the Committee.
"Which was received, and the accompanying bill placed among
the orders of the day.
The Judiciary Committee made the following Report;
The Judiciary Committee to whom was referred "A Bill to be
entitled An act for the benefit of John L. Tatum," beg leave to
REPORT:
That they have had the same under consideration and recommend
that it do pass.
J. B. GALBRAITH,
for the Committee.
Which was received, and the accompanying bill placed among
the orders of the day.
ORDERS OF THE DAY.
Senate bill to be entitled an Act to amend the Act regulating com-
mon Law proceedings;
Came up on its third reading.
On motion, the House reconsidered the vote ordering said bill to be
read a third time, and the bill was referred to the Jhdiciary Com-
mittee.
A bill to be entitled An Act to empower Samuel G. Frierson to
assume the management of his own estate;
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Darling, Galbraith, Johnston, Jones
of Nassau, Langford, Mays, Parsons, Pope, Prescott, Shine, Thomp-
son of Levy, Thompson of Santa Rosa and VanZant-14.
Nays-Messrs. Bellamy, Bowers, Braswell, Brown, Chaires,
Christie, Colson, Dismukes, Foy, Haddock, Hollaman, Ives, Riviere,
Rowley and Taylor-15.
So the bill was lost.
A bill to be entitled An Act to organize the County of Taylor;
Came up on its third reading and was postponed until to-morrow.
A bill to be entitled An Act authorizing certain persons to prac-
tice law in the Courts of this State;

07

Was read the second time and ordered to be read a third time on
to-morrow.
A bill to be entitled an Act to authorize M. A. Brownlee to estab-
lish a Ferry on the St. Johns River ;
Was read the second time, the rule waived, read a third time by
its title, and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Braswell, Brown,
Chaires, Christie, Colson, Darling, Dismukes, Fennell, Foy, Gal-
braith, Haddock, Hollaman, Ives, Johnston, Jones of Nassau, Lang-
ford, Mays, Parsons, Pope, Prescott, Riviere, Rowley, Shine, Speer,
Taylor, Thompson of Levy, Thompson of Santa Rosa and Van-
Zant-31.
Nays-None.
So the hill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act to amend the 6th Article of the Con-
stitotion ;
Was read three times on the second day.
On motion of Mr. Parsons, the bill was amended by inserting the
words "eighth and" before the word "'tenth," and changing the
word "section" to "sections."
The bill was then ordered to be read again on to-morrow.
A bill to be entitled an Act to authorize Nathaniel Bryant fto es-
tablish a Ferry across the Suwannee River, at or near Shoal Town;
Was read the second time, the rule waived, read a third time by
its title, and put upon its passage upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Braswell, Brown,
Chaires, Christie, Colson, Darling, Dismukes, Fennell, Foy, Gal
braith, Haddock, Hollaman, Ives, Johnston, Jones of Nassau, Lang
ford, Mays, Parsons, Pope, Prescott, Riviere, Rowley, Shine, Speer,
Thompson of Levy, Thompson of Santa Rosa and VanZant-30.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act for the relief of certain persons therein
named;
Was read the second time.
Mr. Parsons moved that the billkbe referred to the Judiciary Com-
mittee;
Which motion was not agreed to.
The rule being waived, the bill was read a third time by its title,
and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Braswell, Brown,
Chaires, Christie, Colson, Darling, Dismukes, Fennell, Foy, Had.
dock, Ives, Jones of Nassau, Langford, Mays, Parsons, Penn, Pope,

68

Prescott, Riviere, Rowley, Shine, Speer, Taylor, Thompson of Levy,
Thompson of Santa Rosa and VanZant-29.
Nays-Messrs. Galbraith, Hollaman and Johnston-3.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act to amend an act incorporating the
Florida Railroad Company;
Was read the second time, and made the special order of the day
for Monday next, and 75 copies thereof ordered to be printed.
A bill to be entitled an Act to amend the election laws;
Was read the second time.
Mr. Pope moved that said bill be indefinitely postponed;
Upon which the yeas and nays were called for by Messrs. Row-
ley and Brown, and were as follows:
Yeas-Mr. Speaker, Messrs. Bellamy, Chaires, Christie, Colson,
Foy, Galbraith, Mays, Parsons, Penn, Pope, Taylor, Thompson of
Levy and VanZant-14.
Nays -Messrs. Bowers, Braswell, Brown, Darling, Dismukes,
Fennell, Hollaman, Ives, Johnston, Jones of Nassau, Langford, Pres-
cott, Riviere, Rowley, Shine, Speer and Thompson of Santa Rosa-
17.
So the House refused to postpone said bill indefinitely.
On motion of Mr. Rowley, the House resolved itself into a Com-
mittee of the Whole for the consideration of said bill-Mr. Galbraith
in the Chair.
After some time spent in the consideration of said bill, the com-
mittee rose, and by its chairman, reported the bill back to' the House
without amendment, and asked to be discharged.
Which report was received and the Committee discharged.
Mr. Pope moved that the House adjourn until to-morrow 10 o'-
clock, A. M.;
Which was not agreed to.
Mr. Parsons moved that the bill be indefinitely postponed;
Upon which motion, the yeas and nays were called for by Messrs.
Parsons and Thompson of Levy, and were as follows:
Yeas-Mr. Speaker, Messrs. Bellamy, Chaires, Christie, Colson,
Foy, Galbraith, Mays, Parsons, Penn, Pope, Taylor, Thompson of
Levy and VanZant-14.
Nays-Messrs. Bowers, Braswell, Brown, Darling, Dismukes, Fen-
nel, Haddock, Hollaman, Ives, Johnston, Jones of Nassau, Langford,
Prescott, Reviere, Rowley, Shine, Speer and Thompson of Santa
Rosa-18.
So the House refused to postpone said bill indefinitely.
Mr. Galbraith moved that the House adjourn until to-morrow 10
o'clock, A. M.;
Which was not agreed to.

69

The bill under-consideration was then ordered to be read a third
time on to-morrow.
A bill to be entitled an Act to authorize Bennett J. Horne to build
a Toll Bridge across the Withlacoochee River;
Was read the first time, and ordered to be read a second time on
tomorrow.
A bill to be entitled an Act to repeal an act in relation to electing
County Commissioners in the County of Gadsden ;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to allow William Colson to enter the
North-east quarter of Section 16, T. 7, R. 19, S. and E., of the Com-
mo'n School Fund;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled An Act in relation to Minors choosing Guar-
dians;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled An Act to regulate the fees of County Sur-
vey.or;
Was read the first time, and ordered to be read a second time on
to-morrow.
Senate Resolution relative to the establishment of a Land Office
in Santa Rosa County ;
Was read and adopted.
Ordered that the same be certified to the Senate.
Senate bill to be entitled an Act granting the right of appeal from
the Judges and orders of the Board of County Commissioners to the
Circuit Court;
Was read the second time, and ordered to be read a third time on
to-morrow.
A bill to be entitled An Act for the relief of John L. Tatum;
Was read the second time, and ordered to be read a third time
on to-morrow.
A bill to be entitled An Act for the election ofa County Site in
Orange County ;
Was read the first time, and ordered to be read a second time on
to-morrow.
On motion, the House adjourned until to-morrow, 10 o'clock, A. M.

70

WEDNESDAY, December 5th, 1855.

The House met pursuant to adjournment-a quorum present.
SMr. J. B. Whitehurst, of Jackson County, appeared and took his
seat.
The Rev. Mr. Anderson officiated as Chaplain.
The following bills and resolution which had passed the House
were transmitted to the Senate, viz:
A bill to be entitled an Act for the relief of certain persons there-
in named;
A bill to be entitled an Act to authorize M. A. Brownlee to estab-
lish a Ferry across the St. Johns River;
A bill to be entitled an Act to authorize Nathaniel Bryant to es-
tablish a Ferry across the Suwannee River, at or near Shoal
Town; and
Senate resolution relative to the establishment of a Land Office in
Santa Rosa County.
The reading of the Journal of yesterday was dispensed with.
Mr. Rowley gave notice that he would on some future day, ask
leave to introduce a bill to be entitled an Act to change the name of
Josephine Flournoy to Josephine De Carranceja, and for other pur-
poses.
Pursuant to previous notice, Mr. Bowers introduced a bill to be en-
titled an Act to extend the jurisdiction of Justices of the Peace, and
for other purposes;
Which was placed among the orders of the day.
Mr. Pope gave notice that he would at some future day ask leave
to introduce a bill to be entitled an Act to change the present mode
of selecting Grand and Petit Jurors, and the increase of the same,
and for other purposes.
The rule being waived, Mr. Thompson of Levy, was permitted to
introduce, without previous notice, a bill to be entitled an Act to
amend the Constitution of this State so as to make the sessions an-
nual instead of biennial;
Which was placed among the orders of the day.
Mr. Speer offered a resolution fixing the day of adjournment of the
General Assembly;
Which was placed among the orders of the day.
The Judiciary Committee made the following report:
The Committee on the Judiciary to whom was referred the Petition
of Albert and George Hendry and others, with instructions to report
a bill providing for the objects prayed for in said petition, ask leave to

REPORT:
That they recommend the granting of the prayer of the petitioners,

"71

and have prepared a bill for that purpose, which accompanies this
report. J. B. GALBRAITH,
for the Committee.
Which was received and the accompanying bill placed among the
orders of the day.
The Committee on Engrossed Bills made the following report:
The Committee on Enrolled and Engrossed Bills, beg leave to re-
port the following bills as correctly engrossed:
A bill to be entitled-an Act authorizing Nathaniel Bryant to estab-
lish a ferry across the Suwannee River.
A bill to be entitled an act to authorize M. A. Brownlee to estab-
lish a ferry on the St. Johns River.
W. M. IVES,
Chairman.
The Speaker laid before the House an abstract from the Treasu-
rer's Office, of Loans to the State of Florida from the Internal Im-
provement, School and Seminary Funds, with interest to November 1,
1855;
Which was read and referred to the Committee on Finance.
Mr. VanZant offered a Resolution relative to an adjournment
sine die;
Which was placed among the orders ,of the day.
ORDERS OF THE DAY.
A bill to be entitled an Act to organize the County of Haynes;
Came up in order and was referred to the Select Committee hav-
ing charge of the petition from Duval County, asking a division of
the County.
Resolutions asking Congress to establish a new Collection District
to be called the District of Tampa, and for other purposes;
Were read the second time, the rule waived, read a third time and
put upon their passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Christie, Colson, Darling, Dismukes, Foy, Galbraith, Hollaman, Ives,
Johnston, Jones of Nassau, Langford, Mays, Parsons, Pope, Prescott,
Riviere, Rowley, Shine, Speer, 'Iaylor, Thompson of Levy, Thomp-
son of Santa Rosa, VanZant and Whitehurst-29.
Nays-None.
So the Resolutions were adopted.
Ordered, That the same be certified to the Senate.
A bill to be entitled an'Act to organize the County of Taylor'
Came up on its third reading, and Mr. Pope was permitted to
withdraw said bill.
A bill to be entitled an Act authorizing certain persons to practice
law in the Courts of this State;

72

Was read the third time, and put upon its passage, upon which
the vote was :
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Christie, Colson, Darling,. Foy, Galbraith, Hollaman, Ives,Johnston,
Jones of Nassau, Langford, Mays, Parsons, Pope, Prescott, Riviere,
Row ley, Shine, Speer, Taylor, Thompson of Levy, Thompson of
Santa Rosa, VanZant and Whitehurst---28.
Nays-None.
So the bill passed, title as stated.
Ordered, That the same be certified to the Senate.
A bill to be entitled An Act to amend the 6th Article of the Con-
stitution;
Was read the third ime, and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Brown, Christie, Colson, Darling,
Dismukes, Foy, Hollaman, Ives, Jones of Nassau, Langtord, Parsons,
Pope, Row'ey, Shine, Thompson of Levy, Thompson of Santa Rosa,
VanZant and Whitehorst-19.
Nas--Messrs. Bowers, Braswell, Chaires, Galbraith, Johnston,
Mays, Prescott, Speer and Taylor-9.
So the bill was lost, not having received the requisite constitution-
al majority.
A bill to be entitled An Act to amend the Election laws;
Was read the third time.
Mr. Pope moved a call of the House, which was ordered.
Upon calling the roll, the following members answered to their
names, viz:
Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires, Christie,
Colson, Darling, Dismukes, Foy, Galbraith, Hollaman, Ives, John-
ston, Jones of Nassau, Langford, Mays, Parsons, Pope, Prescott,
Riviere, Rowley, Shine, Speer, Taylor, Thompson of Levy, Thomp-
son of Santa Rosa, Vanzant and Whitehurst.
Mr. Fennell was excused for absence.
Mr. Pope moved that the Sergeant-at-Arms be sent after the ab-
sent members;
Which was not agreed to.
The Speaker having decided that the Speaker has no right to send
the Sergeant-at-Arms after absent members upon a call of the House,
unless by order of the members present, from which decision Messrs.
Parsons and Pope appealed.
Upon the question, shall the decision of the Chair be sustained?"
the yeas and nays were called for, and were as follows:
Yeas-Messrs. Bowers, Braswell, Brown, Christie, Darling, Dis-
mukes, Hollamon, Ives, Johnston, Jones of Nassau, Langford, Ri-
viere, Rowley, Shine, Spccr, Taylor, Thompson of Santa Rosa and
Whitclrurst-18.

"73

Nays--Messrs. Chaires, Colson, Foy, Galbraith, Mays, Parsons,
Pope, Prescott, Thompson of Levy and VanZant-10.
So the House sustained the decision of the Chair.
On motion of Mr. Bowers, further proceedings under the call of
the House were dispensed with.
The bill under consideration was then put upon its passage, upon
which the vote was:
Yeas-Messrs. Bowers, Braswell, Brown, Darling, Dismukes, Hol-
"laman, Ives, Johnston, Jones of Nassau, Langford, Riviere, Rowley,
Shine, Speer, Thompson of Santa Rosa and Whitehurst-16.
Nays-Mr. Speaker, Messrs. Chaires, Christie, Colson, Foy, Gal-
braith, Mays, Parsons, Pope, Prescott, Taylor, Thompson of Levy
and VanZant-13.
So the bill passed.
Mr. Galbraith moved that the title of the bill be amended so as to
read as follows:
A bill to be entitled an act to proscribe those American citizens
who have been born in foreign countries;
Upon which the yeas and nays were called for by Messrs. Parsons
and Thompson of Levy, and were as follows:
Yeas-Mr. Speaker, Messrs. Chaires, Christie, Colson, Foy, Gai-
braith, Mays, Parsons, Pope, Taylor, Thompson of Levy and Van-
Zant-12.
Nays-Messrs, Bowers, Braswell, Brown, Darling, Dismukes,
Hollaman, Ives, Johnston, Jones of Nassau, Langford, Prescott, Ri-
viere, Rowley, Shine, Speer, Thompson of Santa Rosa and White.
hurst-17.
So the amendment to the title was not agreed to.
Ordered that the title of the bill be as stated, and the passage of
the bill be certified to the Senate.
Mr. Parsons offered the following resolution, which was adopted:
Resolved, That the Committee on the Judiciary inquire into, and
report upon the question as to what constitutes a House, and two-
thirds of a House, as required by the Constitution to amend it, and
to pass charters.
A bill to be entitled An Act to authorize Bennett J. Home to build
a Toll bridge across the Withlacoochee River;
Was read the second time, the rule waived, read a third time by
its title, and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Christie, Colson, Darling, Foy, Galbraith, Haddock, Hollaman, Ive,
Johnston, Jones of Nassau, Langford, Mays, Parsons, Pope, Pres-
cott, Riviere, Rowley, Shine, Speer, Taylor, Thompson of Levy,
Thompson of Santa Rosa, VanZant and Whitehurst-29.
Nays-None.
So the bill passed-title as stated.
10

74

Ordered that the same be certified to the Senate.
The rule being waived, the Committee on Corporations made the
following Report:
The Committee on Corporations to whom was referred a Bill to
be entitled an Act to incorporate a Bank in the City of Tallahassee,
have had the same under consideration and ask leave to
REPORT:
That they have carefully scrutinized said bill and find that its pro-
visions are as stringent as can be desired by those most jealous of
banking institutions. As the preamble to the bill sets forth, the State
of Florida is without the benefit of any Banking institution, and the
currency of the State consists entirely of the bills of foreign banks or
the banks of other States, disbursed by their agencies located in al-
most every village of the Statb, and so far distant as to be beyond
the inspection of our State authorities. These agencies monopolize
the financial business of the State, and derive an immense profit for
the institutions and capitalists of other States. There is no reason
why this state of things should continue. As the necessities of com-
merce and civilization require that there should be a paper currency,
good policy and common sense require that that currency should be
under the supervision of those most deeply interested in its sound-
ness. Having thrown around such currency all the safe guards and
all the wholesome restrictions that ingenuity can devise, and that have
been found effectual in other States, we deem it highly impor-
tant that we should establish such a currency for ourselves, and pro-
vide for our merchants and planters such facilities as are enjoyed by
the citizens of other States. We therefore earnestly and unanimous-
ly recommend that the bill do pass.
JOSHUA TAYLOR,
Chairman.
Which was received, and the accompanying bill placed among the
orders of the day.
The rule being waived, Mr. Ives introduced a bill to be entitled
An Act to establish a new Judicial Circuit;
Which was placed among the orders of the day.
The rule being waived, Mr. Langford introduced a bill to be enti.
tled an Act for the relief of William Sapp of Madison County ;
Which was placed among the orders of the day.
A bill to be entitled an Act to repeal an Act in relation to electing
County Commissioners in the County of Gadsden ;
Was read the second time, and ordered to be read a third time on
to-morrow.
A bill to be entitled an Act to allow William Colson to enter the
Northeast quarter of Section 16, T. 7. R. 19, S. and E. of the Com-
mon School Fund;

75

Was read the second time, and ordered to be read a th.rl time on
to-morrow.
A bill to be entitled An Act in relation to Minors choosing Guar-
dians;
Was read the second time, and ordered to be read a third time on
to-morrow.
A bill to be entitled an Act to regulate the fees of County Sur-
veyors;
Was read the second time.
Mr. Thompson of Levy moved that the bill be referred to the Ju-
diciary Committee;
Which was not agreed to.
On motion, the bill was referred to a Select Committee consisting
of Messrs. Thompson of Levy, Chaires and Whitehurst.
Senate bill to be entitled an Act granting the right of Appeal from
the Judges and orders of the Board of County Commissioners to the
Circuit Court;
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Messrs. Bowers, Braswell, Brown, Chaires, Christie, Col-
son, Darling, Foy, Galbraith, Hollaman, Ives, Jones of Nassau,
Langford, Mays, Pope, Prescott, Rowley, Speer, Taylor, Thompson
of Levy, Thompson of Santa Rosa, VanZant and Whitehurst-23.
Nays-Mr. Speaker, Messrs. Haddock and Johnston-3.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act for the relief of John L. Tatum;
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Chaires, Colson, Darling,
Galbraith, Ives, Johnston, Jones of Nassau, Langford, Pope, Pres-
cott, Rowley, Shine, Speer, Thompson of Levy, Thompson of Santa
Rosa, VanZant and Whitehurst-19.
Nays-Messrs. Braswell, Brown, Christie, Foy, Haddock, Holla-
man, Mays, Riviere and Taylor-9.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act for the election of a County Site in
Orange County;
Was read the second time, the rule waived, read a third time by
its title and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Colson, Darling, Foy, Galbraith, Haddock, Hollaman, Ives, John-
ston, Jones of Nassau, Langford, Mays, Parsons, Prescott, Rowley,
Shine, Speer, Taylor, Thompson of Levy, Thompson of Santa Ro-
sa and Whitehurst-25.

78

Nays--None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act to extend the jurisdiction of Justices
of the Peace, and for other purposes;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to amend an act entitled an act to
amend the Constitution of this State, so as to make the sessions an-
nual instead of bienial;
Was read three times as of the first day, and ordered to be read
again on to-morrow.
Resolution relative to the adjournment of the General Assembly;
Were read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to empower Albert J. Hendry and
George W. Hendry to assume tie management of their own estates;
Was read the first time and ordered to be read a second time on
to-morrow.
Resolution relative to an adjournment sine die;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to establish a new Judicial Circuit;
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act for the relief of William Sapp of Mad-
ison County;
Was read the first time and ordered to be read a second time on
to-morrow.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, Dec. 4th, 1855.
Honorable Speaker of the
House of Representatives :
SIR-The Senate has this day passed the following bills, viz:
A bill to be entitled an Act declaratory of the law in relation to the
replevin of property levied upon by execution;
A bill to be entitled an Act to make uniform the rate of interest in
this State;
A bill to be entitled an Act allowing judgments by motion against
Sheriffs for certain delinquencies; and
A bill to be entitled an Act to establish the rates of Wharfage,
Storage and Dockage in the port of Key West, County of Monroe.
Very respectfully,
JOHN S. PUVIANCE,
Secretary of the Senate.

Which was read, and the accompanying bills read the first time,
and ordered to be read a second time on to-morrow.
The rule being waived, the following bill were introduced, and
placed among the orders of the day for to-morrow, viz:
By Mr. Parsons:
A bill to be entitled an Act in relation to Attachment.
By Mr. Rowley:
A bill to be entitled an Act to change the name of Josephine
Flournoy, and for other purposes.
On motion, the House adjourned until to-morrow morning, 10
o'clock.

THURSDAY, December 6th, 1855.

The House met pursuant to adjourment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The reading of the journal of yesterday was dispensed with.
Pursuant to previous notice, Mr. Ives introduced a bill to be enti-
tled an Act amendatory of the laws now in forcerin relation to the
acknowledgment or proof of deeds;
Which was placed among the orders of the day.
Mr. Darling gave notice that he would on some future day ask
leave to introduce a bill to reduce the contingent expenses of the
Courts of this State.
Pursuant to previous notice, Mr. Foy introduced a bill to be enti-
tled an Act for the benefit of James B. Basfort;
Which was placed among the orde-s of the day.
Mr. Parsons presented the petition of 170 persons asking that Ja-
cob Godwin be exempted from the payment of the tax upon pedlars
in consideration of his being a cripple;
Which was read and referred to the Committee on Finance.
Mr. Parsons presented the petition of 77 persons asking that Frank-
lin Link be permitted to purchase the Northeast quarter of the South-
west quarter, and the South-east quarter of the North-west quarter
of Section 16, in Township 25, Range 21, South and East;
Which was read and referred to the Committee on State Lands.
The Committee on Enrolled and Engrossed Bills made the follow-
ing report:
The Cbmmittee on Engrossed Bills, beg leave to report as correct-
ly engrossed, the following bills, viz:
"A bill to be entitled an Act to amend the Election Laws;
"A bill to be entitled an Act authorizing certain persons to prac-
lice law in the Courts of this State;
A bill to be entitled an Act for the benefit of John L. Tatum;

78

A bill to be entitled an Act to authorize Bennett J. Horne to build
a toll-bridge across the Withlacoochee River; and
A bill to be entitled an Act for the election of the County Site in
Orange County.
W. M. IVES,
Chairman.
The following message from the Senate was read:
SENATE CHAMBER,
December 5th, 1855.
Hon. Speaker
House Representatives:
SIR:-The Senate has this day passed the following bills, viz:
A bill to be entitled an Act authorizing Kirkland R. Duke to es-
tablish a Ferry across the St. Johns River;
A bill to be entitled an Act amendatory of an act to establish elec-
tion precincts in the County of Putnam;
A House bill to be entitled an Act to authorize M. A. Brownlee
to establish a Ferry across the St. Johns river; and
A bill to be entitled an Act to amend an act entitled an act in re-
tation to Pilotago*at the Port of Key West.
Very respectfully,
JOHN S. PURVIANCE,
Secretary Senate.
Ordered, That the House bill which had passed the Senate be en-
rolled, and the Senate bills be placed among the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an Act to repeal an Act in relation to elect-
ing County Commissioners in the County of Gadsden;
Was read the third time, and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Braswell, Brown,
Chaires, Colson, Darling, Dilworth, Foy, Haddock, Hollaman, Ives,
Johnston. Jones of Nassau, Langford, Mays, Parsons, Pope, Pres-
cott, Rivicre, Rowley, Shine, Speer, Taylor, Thompson of Levy,
Thompson of Santa Rosa, VanZant and Whitehurst-29.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act to allow William Colson to 'enter the
North-east quarter of Section 16, T. 7, R. 19, S. and E., of the Com-
mon School Fund;
Was read the third time, and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Colson, Darling, Foy, Galbraith, Haddock, Ives, Jones of Nassau,

79

Parsons, Pope, Prescott, Riviere, Speer, Thompson of Levy, Thomp-
son Santa Rosa and VanZant-20.
Nays-Messrs. Bellamy, Christie, Dilworth, Johnston, Langford,
Mays, Rowley, Shine, Taylor and Whitehurst-10.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act in relation to minors choosing guar-
dians;
Was read the third time, and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Galbraith, Mays, Penn, Prescott,
Rowley, Speer and VanZant-8.
Nays-Messrs. Bellamy, Bowers, Braswell, Brown, Chaires,
Christie, Colson, Darling, Dilworth, Foy, Haddock, Hollaman, Ives,
Johnston, Jones of Nassau, Langford, Pope, Riviere, Shine, Taylor,
Thompson of Levy, Thompson of Santa Rosa and VanZant-23.
So the bill was lost.
Senate bill to be entitled an Act to incorporate a Bank in the City
of Tallahassee;
Was read the second time and on motion, the House resolved it-
self into a Committee of the Whole for the consideration of said
bill-Mr. Pope in the Chair.
After some time spent in consideration thereof, the Committee rose
and'by its chairman reported the bill back to the House without
amendment and asked to be discharged.
Which report was received and the Committee discharged.
On motion, the rule was waived, and said bill was read a third
time by its title and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Braswell, Brown,
Chaires, Christie, Colson, Darling, Dilworth, Foy, Galbraith, Had-
dock, Hollaman, Ives, Johnston, Jones of Nassau, Langford, Mays,
Parsons, Penn, Pope, Prescott, Riviere, Shine, Speer, Taylor, Thomp-
son of Santa Rosa, Van Zant and Whitehurst-30.
Nays-Messrs. Rowley and Thompson of Levy-2.
So the bill passed, title as stated.
Ordered that the same be certified to the Senate.
The following bills and resolutions which had passed the House
were transmitted to the Senate, viz:
Senate bill to be entitled an Act granting the right of appeal from
the judges and orders of the Board of County Commissioners to the
Circuit Court;
A bill to be entitled an Act to amend the Election Laws;
A bill to be entitled an Act authorizing certain persons to practice
law in the Courts of this State;
A bill to be entitled an Act authorizing Bennett J. Horne to build
a Toll-Bridge across the Withlacoochce River;

80

"A bill to be entitled an Act for the benefit of John L. Tatum;
"A bill to be entitled an Act for the election of a County Site in
Orange County; and
Resolutions asking Congress to establish a new Collection District
to be called the District of Tampa, and for other purposes;
Senate bill to be entitled an Act to incorporate a Bank in the City
of Tallahassee.
A bill to be entitled an Act to extend the Jurisdiction of Justices
of the Peace and for other purposes;
Was read the second time.
Mr. Thompson of Levy moved that said bill be indefinitely post-
poned, upon which motion the yeas and nays were called for by
Messrs. Hollaman and Rowley, and were as follows:
Yeas-Mr. Speaker, Messrs. Bellamy, Braswell, Dilworth, Ives,
Langford, Mays, Parsons, Penn, Pope, Riviere, Speer, Taylor, Thomp-
son of Levy, Thompson of Santa Rosa and VanZant-16.
Nays-Messrs. Bowers, Brown. Chaires, Christie, Colson, Dar-
ling, Foy, Galbraith, Haddock, Hollaman, Johnston, Jones of Nas-
sau, Prescott, Rowley, Shine and Whitehurst-16.
So the House refused to postpone said Bill indefinitely.
Mr. Ives moved to amend said bill by striking out "one hundred
dollars," and inserting thirty dollars;"
Which was not agreed to.
On motion, Mr. Bowers was permitted to withdraw said Bill.
A bill to be entitled an Act to amend an.act entitled an act to a-
mend the Constitution of this State so as to make the sessions annu-
al instead of biennial;
Was read three times as of the second day.
Mr. Rowley moved that the bill be amended by adding the follow.
ing Section:
Section 2. Be it further enacted, That the 8th and 10th Sections
of the sixth Article of the Constitution be null and void after the pas-
sage of this Act.
Upon the question of agreeing to "said amendment the yeas and
nays were called for by Messrs. Rowley and Haddock, and were as
follows:
Yeas-Messrs. Darling, Ives, Jones of Nassau, Langford, Parsons,
Rowley and Whitehurst-7.
Nays-Mr. Speaker, Messrs. Bowers, Braswell, Chaires, Christie,'
Colson, Dilworth, Foy, Galbraith, Haddock, Hollaman, Mays, Pope,'
Prescott, Riviere, Shine, Speer, Taylor, Thompson of Levy and
Thompson of Santa Rosa-20.
So the amendment was not agreed to.
The bill was then ordered to be read a third time to-morrow.
A resolution fixing the day of adjournment of the General Assem.

81

Was read the second time, and ordered to be read a third time on
to-morrow.
A hill to be entitled an Act to empower Albert J. Hendry and
George W. Hendry to assume the management of their own estates;
Was read the second time.
On motion of Mr. Parsons, said bill was amended so as to grant
the same privileges and powers to Samuel G. Frierson, a minor.
The bill was then ordered to be read a third time on to-morrow.
Resolution relative to an adjournment sine die;
Was read the second time, the rule waived, read a third time, and
put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Cha'res,
Christie, Colson, Dilworth, Foy, Haddock, Hollaman, Ives, Joner of
Nassau, Langford, Mays, Parsons, Pope, Prescott, Riviere, Rowley,
Shine, Speer, Thompson of Levy, Thompson of Santa Rosa and Van-
Zant-25.
Nays-Messrs. Darling, Galbraith, Taylor and Whitehurst--4.
So the resolution was adopted.
Ordered that the same be certified to the Senate.
The rule being waived, Mr. Mays was permitted to introduce,
without previous notice, a bill to be entitled an Act in addition to an
act creating the office of State Engineer and Geologist;
Which was placed among the orders of the day.
A bill to be entitled an Act to establish a new Judicial Circuit;
Was read the second time by its title, and referred to the Judicia-
ry Committee.
"A bill to be entitled an Act for the relief of William Sapp of Mad-
ison County;
Was read the second time, the rule waived, read a third time by its
title, and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Christie, Darling, Dilworth, Foy, Galbraith, Haddock, Hollaman,
Ives, Jones of Nassau, Langford, Mays, Parsons, Pope, Prescott,
Riviere, Rowley, Shine, Speer, Taylor, Thompson of Levy, Thomp-
of Santa Rosa, VanZant and Whitehurst-28.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
The rule being waived, Mr. Ives moved that the Committee on
Census and Apportionment be instructed to report a bill on Monday
next;
Which motion was agreed to.
Senate bill to be entitled an Act to establish the rates of Wharfage,
Storage and Dockage in the Port of Key West, County of Monroe;
Was read the second time, and ordered to be read a third time on
to-morrow.
11

Senate bill to be entitled an Act declaratory of the law in relation
to the replevy of property levied upon by execution ;
Was read the second time, the rule waived, read a thild time by
its title and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Christie, Colson, Darling, Dilworth, Foy, Galbraith, Haddock, Hol-
laman, Jones of Nassau, Parsons, Pope, Prescott, Rowley, Thomp-
son of Santa Rosa, VanZant and Whitehurst-21.
Nays-Messrs. Ives, Langford, Shine and Taylor--4.
So the bill passed-title as stated.
Ordered that the same be certified to the Senete.
On motion of Mr. Bowers,
Leave of absence was granted to Mr. Fennell during the balance
of the session.
On motion, the House adjourned until to-morrow morning, 10
o'clock.

FRIDAY, December 7, 1855.

The House met pursuant to adjournment-a quorum present.
'Mr. William M. C. Neel, a representative from Jackson county,
eared and took his seat.
The reading of the journal of yesterday was dispensed with.
The rule being waived, Mr. Dil% orth was permitted to introduce,
without previous notice a bill to be entitled an Act to amend an act
to incorporate the Pensacola & Georgia Railroad Company ;
Which was read the first time, the rule waived, read a second time
by its title, and referred to a Select Committee consisting of Messrs.
Galbraith, Dilworth and Shine, and 75 copies of the bill ordered to
be printed.
The rule being waived, the following bills were introduced without
previous notice, and placed among the orders of the day:
By Mr. Speer:
A bill to be entitled an Act for the relief of Benjamin Hopkins.
By Mr. Darling:
A bill to be entitled an Act to charter the South Florida Railroad
Company; *
"A bill to be entitled an Act to incorporate the city of Tampa; and
"A bill to be entitled an Act for the relief of the County of Mana-
tee.
By Mr. Ives:
A bill to be entitled an Act in relation to costs in criminal cases.
On motion of Mr. Rowley, Senate bill to be entitled an Act to in-
corporate the Lagoon and Perdido Canal Company,

83

Was taken from the table aqd placed among the orders of the
day.
Mr. Taylor gave notice that he would on some future day ask
leave to introduce a bill to be entitled an Act for the relief of Calvin
Davis and others.
Mr. Pope presented a petition from sundry citizens of Hamilton
County, asking the passage of a resolution calling upon our Senators
and Representative in Congress to use their influence with the Presi-
ident of the United States to procure the release from confinement of
Lewis H. and Joseph D. Bryan, and the remission of a fine assessed
against them in the District Court of the United States;
Which was referred to a Select Committee consisting of Messrs.
Pope, Parsons and Neel.
Mr. Pope presented the petition of Willis W. Burk, Alexander
Purviance, Ira S. Rouse and Absalom S. Smith and others, citizens
of the County of Hamilton, asking that said Burk, Purviance, Rouse
and Smith be released from the payment of a Bond forfeited by
them;
Which was read and referred to a select committee consisting of
Messrs. Pope, Darling and Hollaman.
Mr. Ives presented the petition of sundry citizens of Columbia
County asking relief for William Raulerson and Ransom Foster for
horses killed during the Indian Hostilities in the year 1849;
Which was referred to a Select Committee consisting of Messrs.
Ivgs, Johnson and Foy.
Mr. Darling presented a letter from Edmund Lee, of Manatee
County, on the subject of a division of the County;
Which was read.
Mr. Ives introduced a resolution asking for the establishment of a
Mail Route;
Which was placed among the orders of the day.
Mr. Darling offered the following Resolution, which was adopted:
Resolved, That the Comptroller of Public Accounts report to this
House as soon as practicable, the amounts allowed by the several
Circuit Judges in their respective Circuits for Stationery," whether
sitting as Circuit or Chancery Judges, for the year 1854; also what
amount has been allowed by the Supreme Court for the same arti-
cles for the same year.
Mr. Darling offered the following Resolution, which was read the
first time, the rule waived, read the second time, and laid upon the
table, viz:
WHEREAs, by the Internal Improvement Act of the last session of
the General Assembly, the Internal Improvement Fund of this
State was absolutely set apart, and unconditionally hypothecated,
to pay the interest upon the Railroad or Canal Bonds, that may
be issued under the provisions of the said act; and whereas, it was

84

expected and intended in order to carry out the system projected
by that act, that a large amount of such security bonds would be
thrown upon the market; and whereas, the value of the said bonds
must depend altogether upon the certainty of the prompt payment
of the interest; and whereas, the fact that the system will prove a
paying system has yet to be tested, therefore,
Be it resolved, That it is the sense of th s House that in order ef-
fectually to preserve the credit of this State, and ensure the prompt
payment of the interest on the security bonds, and thus protect the
Bondholders, and save the Internal Improvement system so that its
benefits may be realized by all parts of the State, the 1iunds that have
arisen from the sale of the Internal Improvement Laid!s, and all that
may hereafter arise from that source or from the Swamp and Over-
flowed Lands, shall not be invested in the Security Bonds of this
State, until the object has been accomplished for which the said
funds have been hypothecated but shall be preserved in the Treasury
to meet the interest only on said Bonds.
The Committee on Enrolled and Engrossed Bills made the fol-
lowing Report:
The Committee on Enrolled and Engrossed Bills beg leave to re-
port the following Bills and Resolutions as correctly engrossed, viz:
A bill to be entitled an Act to allow William Colson to enter the
Northeast quarter of Section 16, Township 7, Range 19, South and
East, of the Common School Fund;
A bill to be entitled an Act to repeal an act in relation to electing
County Commissioners in the County of Gadsden;
A bill to be entitled an Act for the relief of William Sapp of Mad-
ison County; and
Resolution relative to an adjournment sine die.
W. M. IVES,
Chairman.
Tie following bills and Resolutions which had passed the House
were transmitted to the Senate,viz:
Senate bill to be entitled an Act declaratory of the law in relation
to the replevy of property levied on by execution;
A bill to be entitled an Act to repeal an act in relation to electing
County Commissioners in the County of Gadsde ;
A bill to be entitled an Act to allow William Colson to enter the
Northeast quarter of Section 16, Township 7, Range 19, South and
East, of the Common School Fund;
A bill to be entitled an Act for the relief of William Sapp of Mad-
ison County; and
Resolution relative to an adjournment sine die.
The Committee on State Lands made the following report:
"The Committee on State Lands to whom was referred the petition

of Franklin Link and 77 others,i to allow him to enter a part of the
sixteenth section on which he is settled,
REPORT:
That they recommend that the relief be granted, and present a
bill for that purpose. D. C. PRESCOTT,
Chairman.
Which was received and the accompanying bill placed among the
orders of the day.
The Committee on Propositions and Grievances made the follow-
ing Report:
The Committee on Propositions and Grievances to whom was re-
ferred a petition of certain citizens of New River asking to be an-
nexed to Alachua County, beg leave to
REPORT:
SThat they have had the same under consideration, and from a care-
ful examination of the merits thereof, recommend that the relief
prayed for be not granted.
J. P. PENN,
Chairman.
Which was concurred in.
The following message from the Senate was received:
SENATr CHAMBER,. .
STALLAHASSEE, Dec. 6th, 1855.
To the Honorable Speaker
of the House of Representatives :
Sin:-The Senate has this day passed the enclosed bills, viz:
A bill to be entitled an Act for the relief of George Combs, a citi-
zen of Columbia Cbunty;
A bill to be entitled an Act to authorize William A. Moseley to
establish a Ferry across the Suwannee River at a place known as
-Moseley's Ferry;
House bill to. be entitled an Act to prevent Slaves in the city of
St. Augustine from hiring their own time;
House bill to be entitled an Act authorizing Nathaniel Bryan to
establish a Ferry across the Suwannee River.
The Senate has adopted Joint resolution asking Congress to es-
tablish'a new Collection District to be called the District of Tampa,
and for other purposes.
The Senate has indefinitely postponed House bill to be entitled an
Act to amend the Election Laws.
Very Respectfully, &c.,
JOHN S. PURVIANCE,
Secretary of Senate.
Ordered that the House bills and resolution which had passed the

86

Senate be enrolled, and Senat3 bills be placed among the orders of
the day.
ORDERS OF THE DAY.

Senate bill to be entitled an Act allowing judgments by motion
against Sheriffs for certain delinquencies :
Was read the second time, and referred to the Judiciary Commit-
tee.
Senate bill to be entitled an Act to make uniform the rate of inter-
est in this State;
Was read the second ti ne, and indefinitely postponed.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act in relation to attachments;
WaVs read, and referred to the Judiciary Committee.
A bill to be entitled an Act to change the name of Josephine Flour-
noy, and for other purposes;
Was read the first time, the rule waived, read the second and third
times by its title, and put upon its passage, upon which the vote
was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Christie,
Colson, Darling, Dilworth, Fennell, Foy, Haddock, Hollaman, Ives,
Johnston, Jones of Nassau, Langford, Mays, Neel, Penn, Pope,
Prescott, Riviere, Rowley, Shine, Speer, Thompson ofLevy, Thomp-
son of Santa Rosa, VanZant and Whitehurst-29.
Nays-Messrs. Bellamy, and Galbraith-2.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act amendatory to the laws now in force
in relation to the acknowledgment or proof of deeds:
Was read the first time, and ordered to be read a second time on
to-morrow.
Mr. Ives moved that the 4th Rule of the House be rescinded;
Which was not agreed to.
A bill to be entitled an Act for the benefit of James B. Basfort;
Was read the first time, the rule waived, read the second and third
times by its title, and put upon its passage, upon which the vote
was:
Yeas-Mr. Speaker, Messrs. Bellamy, Bowers, Braswell, Brown,
Darling, Fennell, Foy, Galbraith, Haddock, Hollaman, Ives, John-
ston, Jones of Nassau, Mays, Parsons, Pope, Prescott, Riviere,
Thompson of Levy, Thompson of Santa Rosa, VanZant and White-
hurst-23. -
Nays-Messrs. Christie, Colson, Dilworth, Langford, Neel, Row-
ley, Shine and Taylor-8.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.

Senate bill to be entitled an Act to amend an act entitled an act
in relation to pilotage at the port of Key West;
Was read the first time, the rule waived, read the second and third
times by its title, and put upon its passage, upon which the vote
was:
Yeas-Mr. Speaker, Messrs. Bellamy, Braswell, Brown, Colson,
Darling, Fennell, Galbraith, Haddock, Johnston, Parsons, Penn, Pope,
Prescott, Rowley, Shine, Taylor, Thompson of Levy, Thompson of
Santa Rosa, VanZant and Whitehurst-21.
Nays-Messrs. Bowers, Christie, Dilworth, Hollaman, Ives, Jones
of Nassau, Langford, Mays, Neel and Riviere-10.
So the bill passed-title as stated.
Ordered that the same he certified to the Senate.
Senate bill to be entitled an Act to establish a ferry across the St.
Johns River;
Was read the first time, and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an Act amendatory to an act to establish
election precincts in the County of Putnam, approved Dec. 14th,
1852;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act in ad .ition to an act creating the office
of State Engineer and Geologist;
Was read the first time, the rule waived, read a second time by its.
title, and referred to a Select Committee consisting of Messrs. Row-
ley, Parsons and Speer.
A bill to be entitled an Act to empower Albert J. Hendry and
George W. Hendry to assume the management of their own estates;
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Messrs. Bellamy, Darling, Jones of Nassau, Mays, Neel,
Parsons, Penn, Pope, Prescott, Speer, Thompson of Levy and Thomp-
son of Santa Rosa-12.
Nays-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Christie,.
Colson, Dilworth, Fennell, Foy, Haddock, Hollaman, Johnston,.
Langford, Riviere, Taylor and VanZant-16.
So the bill was lost.
A bill to be entitled an Act to amend an act entitled an act to
amend the Constitution of this State, so as to make the sessions an-
nual instead of biennial;
Was read three times on the third day, and put upon its passage,.
upon which the vote was:
Yeas-Mr. Speaker, Messrs. Fennell, Foy, Galbraith, Haddock,
Hollaman, Ives, Johnston, Mays, Parsons, Penn, Pope, Prescott,
Shine, Speer, Taylor, Thompson of Levy and VanZant-18.
Nays--Messrs. Bowers, Braswell, Brown, Colson, Darling, Dil;

worth, Jones of Nassau, Langford, Neel, Riviere, Rowley,. -Thomp-
son of Santa Rosa and Whitehurst-13.
So the hill was lost, not having received the requisite constitution-
al majority.
Senate bill to he entitled an Act to establish the rates of Wharf-
age, Storage and Dockage in the Port of Key West, County of
Monroe;
Came up on its third reading, and was postponed until Monday
next.
Senate bill to be entitled an Act to incorporate the Lagoon and
Perdido Canal Company;
Was read the second time by its title, and the rule being waived,
read a third time by its title.
Mr. Rowley moved a call of the House, which being ordered, the
following members answered to their names, viz:
Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires, Christle,
Darling, Foy, Galbraith, Haddock, Hollaman, Ives, Jones of Nassau,
Langford, Mays, 9Nel, Parsons, Penn, Pope, Prescott, Riviere, Row-
ley, Shine, Speer, Taylor, Thompson of Levy, Thompson of Santa
Rosa and Whitehurst.
Mr. Chaires was excused for absence.
The list of absentees being called over, the Seargeant-at-Arms
was sent to bring in the absent members.
On motion, further proceedings under the call were dispensed
with.
The bill under consideration was then put upon its passage,.upon
which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown,, Christie,
Colson, Darling, Foy, Haddock, Hollaman, Ives, Johnston, Jones of
Nassau, Langford, Mays, Neel, Parsons, Pope, Prescott, Riviere,
Rowley, Shine, Speer, Taylor, Thompson of Levy, Thompson of
Santa Rosa and Whitehurst-27.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
On motion, the House reconsidered the vote rejecting a bill to be
entitled an Act to amend an act entitled an act to amend the Con-
stitution of this State, so as to make the sessions annual instead of
biennial, and also the vote placing said bill on its third reading, and
said bill was placed among the orders of the day to come up on its
second reading on to-morrow.
A bill to be entitled an Act for the relief of Benjajnin Hopkins;
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to charter the South Florida Railroad
Company;

Was read the first and second times by its title, and referred to the
Committee on Corporations.
A bill to be entitled an Act to incorporate the city'of Tampa;
Was read the first and second times by its title, and referred to
the Committee on Corporations.
A bill to be entitled an Act for the relief of the County of Mana-
tee;
Was read the first time, the rule waived, read the second time by
its title, and referred to the Committee on Propositions and Griev-
ances.
A bill to be entitled an Act in relation to costs in criminal cases;
Was read the first time, the rule waived, read a second time by its
title, and referred to the Judiciary Committee.
Resolution asking for the establishment of a Mail Route;
Was read and adopted.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act to allow Franklin Link to enter a part
of a Sixteenth Section on which he has settled;
Was read, (the rule being waived,) the first, second and third times
by its title and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Braswell, Brown, Darling, Foy, Had-
dock, Ives, Jones of Nassau, Mays, Parsons, Pope, Prescott, Riviere,
Speer, Thompson of Levy, Thompson of Santa Rosa and VanZant
-17.
Nays-Messrs. Christie, Colson, Dilworth, Galbraith, Hollaman,
Johnston, Langford, Neel, Rowley, Shine, Taylor and Whitehurst-
12.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Senate bill to be entitled an Act for the relief of George Combs, a
citizen of Columbia County in this State;
Was read the first time, and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an Act to authorize William A. Moseley
to establish a Ferry across the Suwannee River, at a place known as
Moseley's Ferry;
Was read the first time, the rule waived, read a second and third
times by its title and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Christie,
Colson, Darling, Dilworth, Foy, Galbraith, Haddock, Hollaman, Ives,
Johnston, Jones of Nassau, Langford, Mays, Neel, Parsons, Penn,
Pope, Prescott, Riviere, Rowley, Shine, Speer, Taylor, Thompson of
Levy, Thompson of Santa Rosa and VanZant-30.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
12

90

The rule being waived, the Committee on Finance made the. fol-
lowing report:
The Committee on Finance, to whom was referred the petition of
Jacob Godwin, and 170 others, to allow him to peddle without li-
cense
REPORT:
That the Committee can see no serious objection to granting the
prayer of the petition, as the person is a citizen of the State, and
likely to remain so. They report a bill accordingly, and recommend
its passage.
JNO. PARSONS, Chairman.
Which was received, and the bill placed among the orders of the
day.
The rule being waived, Mr. Mays introduced a bill to be entitled
an Act to protect and preserve from depredation the School, Semi-
nary, Swamp and Internal Improvement Lands of this State;
Which was placed among the orders of the day.
On motion of Mr. Johnston, leave of absence was granted to Mr.
Hollaman until Monday next.
On motion, the House adjourned until to-morrow morning, 10
o'clock.

SATURDAY, December 8th, 1855.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The reading of the Journal of yesterday was dispensed with.
On motion of Mr. Pope, the 53d rule was dispensed with until
Tuesday next.
On motion of Mr. Speer, the House reconsidered the vote indefi-
nitely postponing Senate bill to be entitled an Act to make uniform
the rate of interest in this State, and the bill was placed among the
orders of the day.
Pursuant to previous notice, Mr. Penn introduced a bill to be en-
titled an Act to change the dividing line between the Counties of
Franklin and Calhoun;
Which was placed among the orders'of the day.
Mr. Darling presented petitions from sundry citizens of Manatee
County, protesting against a change in the boundary lines of said
County;
Which was read.
Mr. Darling presented a petition from sundry citizens of Tampa,
asking that their town may be incorporated;

91

Which was read.
The Committee on Enrolled and Engrossed bills made the follow.
ing report:
The Committee on Enrolled and Engrossed bills beg leave to re-
port the following bills and resolution as correctly engrossed, viz:
A bill to be entitled an Act to change the name of Josephine.
Flournoy, and for other purposes;
A bill to be entitled an Act to allow Franklin Link to enter a part
of a Sixteenth Section on which he has settled; and
Resolution asking for the establishment of a Mail Route.
W. M. IVES,
Chairman.
Also the following:
The Committee on Enrolled and Engrossed Bills beg leave to re-
port the following Bills and Resolution as correctly enrolled, viz:
A bill to be entitled an Act to authorize M. A. Brownlee to es-
tablish a ferry on the St. lohns River;
A bill to be entitled an Act to prevent Slaves in the city of St.
Augustine from hiring their own time; and
Resolution asking Congress to establish a new Collection District
to be called the District of Tampa, and for other purposes.
W. M. IVES,
Chairman.
The Committee on the Judiciary made the following report:
The Committee on the Judiciary, to whom was referred the fol-
lowing bills, beg leave to submit the following
REPORT:
1. In relation to "a bill to be entitled An act to amend an act re-
lative to taking Depositions under Commission," they submit, in lieu
of the 3d section, the subjoined.
2. Also a bill to be entitled an Act requiring an oath of secresy
to be administered to Witnesses and Bailiffs in the Circuit Courts of
this State, and for other purposes." They recommend the annexed
penalty to be affixed in lieu of the one set forth in the bill.
3. "A bill to be entitled an Act in relation to Costs in Criminal
Cases." We recommend that this bill do not pass.
4. "A bill to be entitled an Act allowing judgments by motion
against Sheriffs for certain delinquencies." After examination, your
Committee believe said bill ought not to pass.
5. A bill to be entitled an Act for filling vacancies in the office
of Clerk of the Circuit, Supreme and Chancery Courts." Your
Committee believe that there is a necessity for the passage of such
an act.
6. A bill to be entitled an Act to amend an act regulating- Corn

92

mon Law proceedings." We recommend its passage, with the ac-
companying amendment.
7. In regard to the report asked by Resolution of the House in
reference to certain subjects therein named, we would respectfully
state that we are of opinion that the alteration in the existing laws
would be. detrimental rather than beneficial. In reference to 2d en-
quiry, your Committee are of opinion that a necessity exists for an
increase of the Grand. Jury to the number of nineteen, and would al-
so recommend that the Petit Jury be increased to thirty, and that in
all cases of felony the State of Florida be entitled to one half the
number of peremptory challenges allowed to the prisoner. In con-
nection with the same subject, we are of opinion that Sheriffs' or
Jailors' fees should be increased to fifty cents a day for feeding pris-
oners. We cannot recommend a change in the present mode of se-
lecting Grand Jmrors. And we have prepared bills for the purpose
of effecting the objects recommended.
To the bill to authorize the-introduction of Receivers' Receipts in
evidence in certain cases, they have added an additional proviso, and
with this amendment recommend that the bill do pass.
All of which is respectfully submitted.
B. C. POPE,
Chairman Judiciary Committee.
Which report was received, and the accompanying bills placed
among the orders of the day.
The Committeeon Propositions and Grievances made the follow-
ing report:
The Committee on Propositions and Grievances to whom was re-
ferred a memorial of citizens of Cedar Keys praying to be exempt
from a Road Tax having had the same under consideration, beg
leave to report that the prayer of the petioners be granted.
All of which is respectfully submitted,
J. P. PENN,
Chairman.
Which report was received.
The Committee on Propositions and Grievances made the follow-
ing report:
The Committee on Propositions and Grievances, to whom was
referred bill to be entitled an Act for the relief of the County of
Manatee, having had the same under consideration, beg leave to
REPORT:
That they see nothing in the bill above referred to but what would
be just to the County of Manatee, and would therefore, recommend
its passage.
All of which is respectfully submitted,
J. P. PENN,
Chairman.

93

Which report was received, and the accompanying bill was placed
among the orders of the day.
The Committee on Schools and Colleges made the following re-
port:
The Committee on Schools and Colleges to whom was referred a
bill to be entitled an Act to amend the Common School Law now
in force in this State, beg leave to report, that they have had the
same under consideration, and recommend that it do not pass.
F. N. FOY,
Chairman.
Which report was received, and the accompanying bill placed
among the orders of the day.
The Committee on Corporations made the following Report:
The Committee on Corporations have had under consideration the
bill to be entitled an Act to incorporate the city of Tampa, and beg
leave to
REPORT
The bill back to the House without amendment, due notice of the
application having been given as required by the Constitution.
JOSHUA TAYLOR,
Chairman.
Which report was received, and the accompanying bill was placed
among the orders of the day.
The Committe on State Lands made the following Report:
The Committee on State Lands report a bill to provide payment
for the keeping the accounts, receiving, safe-keeping, and disbursing
the School and Seminary Funds, and recommend its passage. They
report with the bill a letter from the Treasurer, which they ask may
be read and filed.
D. C. PRESCOTT,
Chairman.
Which report was received, the letter of the Treasurer read, and
the accompanying bill placed among the orders of the day.
The rule being waived, Mr. Speer introduced a bill to be entitled
an act to provide for the payment of Capt. James O. Devall and
Aaron Jernigan's Companies;
Which was placed among the orders of the day.
The following Bills and Resolution which had passed the House,
were transmitted to the Senate, viz:
Senate bill to be entitled an Act to incorporate [the Lagoon and
Perdido Canal Company;
Senate bill to be entitled an Act to amend an act entitled an act
in relation to Pilotage at the Port of Key West;
r Senate bill to be entitled an Act to authorize William A. Moseley
to establish a ferry across the Suwannee River, at a place known as

94

Moseley's Ferry;
A bill to be entitled an act to change the name of Josephine
Flournoy, and for other purposes;
A bill to be entitled an Act for the benefit of James B. Basfort;
SA bill to be entitled an Act to allow Franklin Link to enter a part
of a Sixteenth Section on which he has settled; and
Resolution asking for the establishment of a Mail Route.
The following report was received and read:
The Select Committee to which was referred a bill to be entitled
an Act to regulate the Fees of County Surveyors,
REPORT
As follows: .Strike out the following words-Counting thirty miles
travel as one day's service, and one dollar for every hundred acres
for drawing plats. Also that they have examined the question so as
to be satisfied that the amendment proposed to make the plats evi-
dence in Court, is according to present usage and practice of the
Courts, and consequently the amendment would be of no practical
use.
JAMES F. THOMPSON,
J. B. WHITEHURST,
G. CHAIRS.
Ordered that the accompanying bill be placed among the orders
of the day.
The following report was received and read:
The Select Committee to whom was referred the petition of sun-
dry citizens of Columbia County, asking remuneration in behalf of
Ransom Foster and William Raulerson for horses condemned and
shot in the service'of the State of Florida, during the Indian distur:
bances of 1849, have had the same under consideration and beg
leave to
REPORT:
That they deem the parties entited to the relief prayed for. They
have, therefore, prepared the accompanying bill, and recommend its
passage.
W. M. IVES,
Chairman.
Ordered that the accompanying bill be placed among the orders
of the day.
The following reports were received and read:
The undersigned, a Select Committee to whom was referred the
bill entitled an Act in addition to the act creating the office of State

95

Engineer and Geologist, report the bill back to the House without
:amendment and recommend its passage.
JNO. PARSONS,
ALGERNON S. SPEER.
The undersigned, Chairman ot the above Committee, beg leave to
report the following amendment :
Sac. 3. Be it further enacted, That from and after the passage of
this act, that the office of State Engineer and Geologist be, and the
same is hereby abolished, and all acts and parts of acts that conflict
with the true meaning of this section are hereby repealed.
LYMAN W. ROWLEY.
Ordered that the accompanying bill be placed among the orders
of the day.
The Committee on Census and Apportionment made the follow-
ing Report:
The Joint Committee on Census and Apportionment, to whom was
referred the subject of the Apportionment of Representation of the
State of Florida, have had the same under consideration and ask
leave to
REPORT:
That owing to the peculiar geographical situation of the State and
the requirements of the Constitution, they have found it impossible to
apportion the representation strictly according to the population of
each section, which justice requires. The majority of the commit-
tee have, however, agreed upon a ratio and representation, which is
embodied in the bill which accompanies this report, which has been
ordered to be introduced in the House. The committee further re-
port that Census Returns have been received frorp all the Counties
of the State except Duval County, and that they indicate a steady
and cheering increase in the population of the State, and a propor-
tionate degree of wealth and resources. Your committee are of the
opinion that the increase of population in certain portions of the State
will soon equalize the popular representation.
J. B. GALBRAITH,
Chairman on part of the House.
M. A. LONG,
Chairman on part of the Senate.
Which report was received, and the accompanying bill was placed
among the orders of the day.
The following message was received from the Senate:
SENATE CHAMBER, TALLAHASSEE, FLORIDA,
December 7th, 1855. S
Hlon. Speaker of the
House ff Representatives:
SIR-The Senate has this day passed the following Bills, viz:

96

A bill to be entitled an Act to amend an Act to Incorporate the
Town of Milton in Santa Rosa County-
A bill to be entitled an act to Incorporate the Town of Newport,
County of Wakulla, State of Florida;
A bill to be entitled An act to authorize the County Commission-
ers to extend Charters to Bridges and Ferries in this State;
A bill to be entitled an Act to change the name of certain persons
therein mentioned;
A house bill to be entitled an Art to authorize Bennett J. Home
to build a Toll-Bridge across the Withlacoochee River; and
House Resolution relative to an adjournment sine die.
Very Respectfully,
JOHN S. PURVIANCE,
Secretary of Senate.
Ordered that the House bill which had passed the Senate be enroll-
ed, and the Senate bills be placed among the orders of the day.
The following message from the Senate was read:
SENATE CIIAMiBER,
"r TALLAHASSEE, December 7th, 1855.
Honorable Speaker of the
House of Representatives:
SIR-The Senate has adopted the enclosed Resolution relative to
the confirmation by the General Government to this State of the titles
thereof to certain lands.
Very Respectfully,
JOHN S. PURVIANCE,
Secretary of Senate.
Which was read, and the accompanying resolution placed among
the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an Act amendatory of the laws now in force in
relation to the acknowledgment or proof of deeds;
Was read the second time, the rule waived, read a third time by
its title, and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Braswell, Brown, Chaires, Darling,
Dilworth, Foy, Galbraith, Ives, Johnston, Jones of Nassau, Langford,
Neel, Penn, Pope, Prescott, Riviere, Rowley, Thompson of Santa
Rosa, VanZant and Whitehurst-21.
Nays-Messrs. Mays, Shine and Thompson of Levy-3.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Senate bill to be entitled an Act authorizing Kirkland R. Duke to
establish a Ferry across the St. Johns river;
Was read the second time, the rule waived, read the third time by
its title, and put upon its passage, upon which the vote was:

97

Yeas-Mr. Speaker, Messrs. Braswell, Brown, Chaires, Christie,
Darling, Dilworth, Foy, Galbraith, Haddock, Ives, Johnston, Jo-es
of Nassau, Langfbrd, Mays, Neel, Penn, Pope, Prescott, Eivi re,
Rowley, Shine, Speer, Thompson of Levy, Thompson of Santa Ro,
sa and Whitehurst-26.-
Nays-None. '
So the bill passed-titled as stated,
Ordered that the same be certified to the Senate,
Senate bill to be entitled an Act amendatory to an act to establish
election precincts in the County of Putnam, approved Dec. 14, 1852;
Was read the second time, the rule waived, read the third time by
its title, and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Braswell, Brown, Chaires, Christie,
Foy, Galbraith, Haddock, Johnston, Jones of Nassau, Langford,
Mays, Neel, Penn, Pope, Prescott, Rowley, Speer, Thompson of Le*
vy, Thompson of Santa Rosa, VanZant and Whitehurst-22.
Nays-Messrs. Ives, Riviere and Shine-3.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act to amend an act entitled an act to
amend the Constitution of this State, so as to make the Sessions an-
nual instead of biennial;
Was read three times as of the second day.
On motion, the House resolved itself into a Committee of the
Whole for the consideration of said bill-Mr. Galbraith in the Chair.
After some time spent in consideration thereof, the Committee rose
and by its Chairman, reported said said bill back to the House with
amendments ;
Which report was received, and the amendments concurred in.
Mr. Pope moved to amend the bill by adding the following sec-
tion :
SEC. 2 Be it further enacted, That in no case shall a member of
thelegal profession be permitted to take a seat in the representative
branch of the General Assembly.
Upon the question of agreeing to said amendment the veas and
nays were called for by Messrs. Pope and Thompson of Levy, and
were as follows:
Yeas-Messrs. Brown, Dilworth, Penn and Pope-4.
Nays-Mr. Speaker, Messrs. Bowers, Braswell, .Chaires, Christie,
Darling, Foy, Galbraith, Haddock, Ives, Johnston, Jones of Nassau,
Langford, Mays, Neel, Parsons, Prescott, Riviere, Shine, Speer,
Thompson of Levy, Thompson of Santa Rosa, VanZant and White-
hurst-24.
So the amendment was not agreed to.
Mr. Pope moved that the bill be indefinitely postponed;
Which was not agreed to.
13

98

Mr. Pope moved that the bill be postponed until Saturday next;
Which was not agreed to.
The bill was then ordered to be read a third time on Monday
next.
A bill to be entitled an Act for the relief of Benjamin Hopkins;
Was read the second time, and referred to the Committee on Pro-
positions and Grievances, with instructions to report on said bill on
Monday next.
Senate bill tobe entitled an Act for the relief of George Combs, a
citizen of Columbia County in this State;
Was read the second and third times by its title, and put upon its
passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Chaires, Christie,
Foy, Galbraith, Haddock, Johnston, Jones of Nassau, Langford,
Mays, Penn, Pope, Prescott, Rowley, Speer, Thompson of Santa Ro-
sa and Whitehurst-19.
Nays-Messrs. Brown, Darling, Dilworth, Neel, Riviere, Shine
and Thompson of Levy-7.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
The rule being waived, Mr. Dilworth introduced a bill to be enti-
tled an act to repeal certain acts now in force in this State in relation
to taxes;
Which was placed among the orders of the day.
The rule being waived, the Committee on Finance made the fol-
lowing Report:
The Committee on Finance, to whom was referred the Bill to es-
tablish the ad valorem system of Taxation,
REPORT:
That they have had the same under consideration, and recom-
mend its passage. They are of opinion that it is necessary, in order
to save the credit of the State, to materially increase the taxes.-
The large debt of the State as stated by the Governor, should be
reduced, and your committee think that this Legislature should pro-
vide a sufficient Revenue, not only to pay the interest already due
and to fall due, but also a sinking fund which will gradually relieve
the State from debt. This cannot be done under the present law.
It is evident that we are getting more and mire deeply in debt, and
a new system is loudly called for tha' will fall equally upon all kinds
of property. Your committee believe that this bill will provide a
proper amount of Revenue.
JNO. PARSONS, Chairman.

I dissent from the above Report.

J. B. WHITEHURST.

"Which was received, and 75 copies of the Report and acobm-
panying bill were ordered to be printed.
A bill to be entitled an Act to allow Jacob Godwin to peddle
without license;
Was read the first time, the rule waived, read a second and third
times by its title, and put upon its passage, upon which the vote
was:
Yeas-Messrs. Bowers, Braswell, Brown, Langford, Mays, Pope,
Prescott, Speer and Thompson of Levy-9.
Nays-Mr. Speaker, Messrs. Chaires, Christie, Darling, Foy,
Haddock, Ives, Johnston, Jones of Nassau, Parsons, Penn, Shine,
Thompson of Santa Rosa and Whitehurst-14.
So the bill was lost.
A bill to be entitled an Act to protect and preserve from depreda-
tion the School, Seminary, Swamp and Internal Improvement Liads
of this State;
Was read the first time, and ordered to be read a second time on
Monday next.
On motion the House reconsidered the vote ordering to a third
reading a bill to be entitled an act to amend an act entitled an act
to amend the Constitution of this State, so as to make the Sessions
annual instead of biennial, and said bill was again taken up for con-
sideration.
On motion, the bill was amended by striking out the amendments
adopted by the Committee of the Whole House, and concurred in
by the House.
Mr. Mays moved that the bill be indefinitely postponed;
Which was not agreed to.
The bill was then ordered to be read a third time on Monday
next.
Mr. Ives moved that the rule be waived to permit him to introduce
a bill;
Which was not agreed to.
Senate bill to be entitled an Act to make uniform the rate of in
terest in this State;
Was read the second time.
Mr. Mays moved that the bill be indefinitely postponed;
Which was not agreed to.
The bill was then ordered to be read a third time on Monday next.
The rule being waived, the following bills were introduced and
placed among the orders of the day:
By Mr. Ives:
A bill to be entitled an Act to equalize the taxes upon certain
citizens of this State.
By Mr. Johnston;

100

A bill to be entitled an Act to extend the jurisdiction of Justices
of the Peace and for other purposes; and
A bill to be entitled an Act to authorize the Register of Public
Lands to sell at public sale the remaining 40 acre tract in Section
16, Township 2, Range 2, North and West.
A bill to be entitled an Act to change the dividing line between
the Counties of Franklin and Calhou;
Was read the first time, the rule waived, read the second and third
times bd its title, and put upon its passage, upon which the vote
was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Christie, Darling, Foy, Galbraith, Haddock, Ives, Johnston, Jones
of Nassau, Mays, Neel, Parsons, Penn, Pope, Prescott, Riviere,
Rowley, Shine, Speer, Thompson of Levy, and Thompson of Santa
Rosa-25.
Nays-Noae.
So the bill passed, title as stated.
Ordered, that the sinme be certified to the Senate.
Mr. Pope moved that the House adjourn until Monday morning
10 o'clock;
Which was not agreed to.
On motion of Mr. Rowley, the House took a recess until three
o'clock, P. M.

3 O'CLOCK, P. M.

The House resumed its session-a quorum present.
The House reconsidered the vote ordering to a third reading Sen-
ate bill to be entitled an Act to make uniform the rate of interest in
this State, and said bill was again taken under consideration, and
referred to the Judiciary Committee.
Senate bill to be entitled an Act in relation to Depositions taken
under Commission;
Was read a second time, and the amendments proposed by the
Judiciary Committee were concurred in.
The bill was then read a third time by its title and put'upon its
passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Bowers, Braswell, Brown, Chaires,
Christie, Darling, Dilworth, Foy, Galbraith, Haddock, Iv6s, John-
ston, Jones of Nassau, Langford, Mays, Penn, Pope, Prescott, Riv.
iere, Rowley, Shine, Speer and Thompson of Santa Rosa-24.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an Act requiring an oath of secresy to be ad.

	Title Page
	November 1855
	December 1855
	Appendix

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