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

HOUSE JOURNAL--2d Sess. 14th Ga. Ass.

A JOURNAL OP THE PROCEEDINGS

oe THE

HOUSE 'OF REPRESENTATIVES

OF THE

GENERAL ASSEMBLY

OF THEi

State of F^lorida,

AT THB

2D SESSION OF THE 14TH GENERAL ASSEMBLY,

BIGVU AND HELD AT THE CAPITOL, IN THE CITY OF TALLAHASSB,
ON WEDNESDAY, NOVEMBER 14, 1866.

OFFICE OF T73E FLORIDIA1s :
PRINTED BY DYKE & SPARHAWK.

1866.

JOURNAL

Of the House of Representatives of the State of Florida, at the
Second Session of the Fourteenth General Assembly, begun
and held at the Capitol, in the City of Tallahassee, in the
State of Florida, on Wednesday, the fourteenth day of No-
vember, in the year of our Lord one thousand eight hundred
and sixty-six, being that fixed by the Constitution of the State
of Florida, for the meeting of the General Assembly.

The House of Representatives was called to order at 12 o'clock,
M., by the Hon. Jos. John Williams, Speaker.
The roll being called by Wm. Forsyth Bynum, Chief Clerk,
the following members answered to their names:
Mr. Speaker, Messrs. Barrett, Branch, Brokaw, Collins, Coul-
ter, Dickison, Durham, Gee, Gunn, Hosford, Howse, Johnston
of Gadsden, Lassiter, McKinnon, McClelIan, McMillan, Peeler
of Jefferson, Peeler of Leon, Saxon, Stanford, West and Wil-
liams of Baker-23.
Not a quorum.
Mr. Barrett presented the credentials of Messrs. Branch of
Nassau and Richardson of Volusia;
Mis Peeler of Leon, presented the credentials of Mr. Westcott
of Leon;
Who came forward and were duly sworn.
The roll being again called, the following additional members
answered to their names:
Messrs. Branch, Richardson and Westcott.
There not being a quorum present, on motion of Mr. Barrett,
the House adjourned until to-morrow morning, 11 o'clock.

-0
-----0-o--

THURSDAY, November 15, 1866.

The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:

4

Mr. Speaker, Messrs. Armistead, Barrett,.Branch, Brock, Bro-
kaw, Collins, Coulter, Dickison, Durham, Gee, Gunn, Hankins,
Henderson, Hosford, Howse, Johnston of Gadsden, Lassiter,
Langford, MeKinnon, McClellan, McMillan, Moseley, Oneal,
Peeler of Jefferson, Richardson, Saxon, Stanford, West, West-
cott and Wills-30.
A quorum present.
The journal of yesterday's proceedings was read and approved.
The credentials of the following members were presented:
Wm. E. Anderson of Jackson, and Chas. P. Cooper, of Duval;
Who were sworn in by C. H. Austin, Notary Public.
The roll being again called, the following additional members
answered to their names:
Messrs. Anderson and Cooper.
On motion of Mr. Brokaw, the House adjourned until to-mor-
row morning, 10 o'clock.

----701---

FRIDAY, November 16, 1866.
The House met pursuant to adjournment..
The roll being called the following members answered to their
names, viz:
Mr. Speaker, Messrs. Anderson, Armistead, Barrett, Branch,
Brock, Brokaw, Collins, Coulter, Dickison, Durham, Fife, Gee,
Gunn, Haddock, Hankins, Henderson, Hosford, Howse, John-
ston of Gadsden, Lassiter, Langford, McKinnon, McClellan, Mc-
Millan, Moseley, Peeler of Jefferson, Peeler of Leon, Richardson,
Stanford, West, Westcott and Wills-33.
A quorum present.
The journal of yesterday's proceedings was read and approved.
Mr. Gee moved that a committee of three be appointed to in-
form the Senate that the House of Representatives is now or-
ganized and ready to proceed to business;
Which was agreed to, and Messrs. Gee, Brokaw and McKinnon
were appointed said committee.
A committee from the Senate appeared at the bar and informed
the House that the Senate was now organized and ready to pro-
ceed to business.
The committee appointed to inform the Senate of the organi-
.ation of the House reported that.they had performed.that duty
and were discharged.

Notice was given of intention to introduce, at some future day,
the following bills, viz:
By Mr. Peeler of Leon:
A bill to be entitled an act embodying and repealing in part,
and amending all previous laws of the State upon the subject of
salaries and fees of public officers;
A bill to be entitled an act authorizing the circuit courts of
this State to issue writs of mandamus and quo warrant in vaca-
tion, as well as in term time;
A bill to be entitled an act to provide for a codification or di-
gest of the laws of this State;
A bill to be entitled an act to repeal an act entitled an act to
establish and organize a county criminal court, January 11,
1866;
A bill to be entitled an act to organize separate courts of
equity jurisdiction in this State; also
A bill to be entitled an act to require the circuit courts of this
State to hold four terms in each county of their respective cir-
cuits in each year and fixing the terms thereof.
By Mr. Anderson:
A bill to be entitled an act for the relief of debtors, and to pre-
vent the levy and sale of property under certain circumstances,
and within a limited period.
By Mr. Coulter:
A bill to be entitled an act to compel railroad companies to
pay for all stock killed on their respective roads.
By Mr. Branch:
A bill to be entitled an act providing for a charter to construct
and operate a horse railroad through Centre street, in the city of
Fernandina, in said State, to be known as the Fernandina and
Sea Beach Railway; also
A bill to be entitled an act providing for a division of the
county of Nassau, and the creation of a new county therefrom,
to be called the county of Stewart.
Mr. Collins moved that a committee of three be appointed to
contract for the necessary printing which may be required for
this House;
Which was agreed to, and Messrs. Collins, Anderson and
Howse, were appointed said committee.
Mr. Brokaw moved that the House adopt the Rules of the last
General Assembly for its government;
Which was agreed to.

6

Mr. Brokaw moved that a committee be appointed to select a
chaplain for the House;
Which was agreed to, and Messrs. Brokaw, Stanford and Fife,
were appointed said committee.
Mr. Barrett moved that 80 copies of the rules of the House be
printed for the use of the House;
Which was agreed to, and 80 copies ordered to be furnished.
Mr. Fife moved that a committee of three be appointed to act
in conjunction with the Senate committee to wait upon the Gov-
ernor and inform him that the General Assembly is now ready
to receive any communication he may have to make;
Which was agreed to and Messrs. Fife, Haddock and Hen-
dricks, were appointed said committee.
After a brief absence the committee reported and were dis-
charged.
The Speaker announced the following revised list of Standing
Committees of the House:
STANDING COMMITTEES OF THE HOUSE.

Committee on Judiciary :
Messrs. FIFE,
PEELER of Leon,
HENDERSON,
COOPER,
ANDERSON.

On Claims:
Messrs. BATES,
ATKINS,
BBOKAW,
VANZANT,
MANNING.

On _Fnance and Pub. Ac'ts:
Messrs. TEASDALE,
MORNING,
ERWIN,
MOSELEY,
WILLIAMS of Baker.

On Federal Relations :
Messrs. WESTCOTT,
SAXON,
McMILLEN,
PEELER of Jefferson,
BARRETT.

On Taxation and Revenue:
Messrs. GEE,
GUNN,
STANFORD,
BUSH,
HENDRICKS,

On Corporations:
Messrs. BARRETT,
HUMPHREYS,
DICKISON,
COLLIN S,
WEST.

On Commerce and Navigation: On Agriculture :
Messrs. WRIGHT, Messrs. MOSELEY,
COULTER, WILLS,
BROWNE, MIZELL,
HADDOCK, BROCK,
BRANCH. HEWETT.

7

On Elections:
Messrs. HALL,
NEAL,
McMILLAN,
LASSITER,
JOHNSON of Sumter.

On Internal Improvements:
Messrs. BROWNE,
HOWSE,
BROKAW,
HANKINS,
WRIGHT.

On Proposins and Grievances:
Messrs. COOPER,
HENDRICKS,
FAULKNER,
ATKINS,
JOHNSTON of Gads'n.

On Indian Affairs:
Messrs. STANFORD,
HADDOCK,
HIDDEN,
LANGFORD,
HOSFORD.

On State of Commonwealth : On Schools and Colleges :

Messrs. ERWIN,
LANGFORD,
WESTCOTT,
ARMISTEAD,
ARNAU.

On Militia :
Messrs. DICKISON,
PEELER of Leon,
McKINNON,
SAXON,
BRANCH.

On Public Lands:
Messrs. ANDERSON,
O'NEAL,
RICHARDSON,
LASSITER,
BUSH.

Messrs. HENDERSON,
HALL,
HUMPHREYS,
GUNN,
COULTER.

On Enrolled Bills:
Messrs. PEELER of Jefferson,
O'NEAL,
BATES,
VANZANT,
McMILLAN.

On Engrossed Bills :
Messrs. WEST,
MANNING,
TEASDALE,
MORNING,
DURHAM.

On motion of Mr. Barret 80 copies were ordered to be printed.
Mr. Peeler of Leon moved that all bills informally passed over
at the last session of the General Assembly and now on the
Clerk's desk among the orders of the day, be laid upon the table
subject only to be called up on special motion;
Which was agreed to.
On motion of Mr. Moseley, the Hbuse took a recess until three
o'clock, P. M.

1- 8
THREE O'CLOCK, P. M.

"The House resunidd its session-a quorum present.
'On motion of Mr. Barrett, the House took a recess for fifteen
"Ninutes.

FIFTEEN MINUTES PAST 3 O'CLOCK, P. M.
The House resumed its session-a quorum present.
The rule being waived, Mr. Fife gave notice that he would, ox
some future day, introduce the following bills, viz:
A bill to be entitled an act to amend and consolidate all the
laws of the State of Florida in relation to attachment;
A bill to be entitled an act to amend an act in relation to crimes
and misdemeanors;
A bill to be 'entitled an act to amend an act in relation to
serving process on corporations within this Stte;
A bill to be entitled an act designating the mode of assessing
the taxes on real estate; and,
A bill to be entitled an act establishing a tariff of fees for cer-
tain officers within this State.
The rule being waived, Mr. Peeler of Jefferson asked leave of
absence for Mr. Fife until Tuesday next;
Which was granted.
The rule being waived, on motion of Mr. Langford, Mr. Mose-
Jey was granted leave of absence until Tuesday next.
The rule being waived, Mr. Dickison was allowed to intro-
duce the following resolution:
Be it Resolved, That the resolutions adopted at the last see-
sion of this House, requiring the chief clerk to appoint his sub-
ordinate clerks, including the Enrolling and Engrossing Clerks,
be and the same are hereby repealed and rescinded, and that the
House will, as formerly, proceed to an election for such clerks,
on to-morrow morning, immediately after motions are dis-
"posed of;
Which was read, and passed over informally, until to-morrow.
The following message from his Excellency the Governor, was
received and read:

EXECUTIVE DEPARTMENT,
TALLAASSiE, NOVrMBEa 14th, 1866.
Gentlemen of the General Assembly:
I welcome you to the Capitol, and avail myself of the oc-
easion of your re-assembling, to comply with that clause of
the Constitution which declares that the Governor "shall,

9,
from time to. time, give to the General Assembly informa-
tion of the state of the Government, and recommend to their
consideration such measures as he may deem expedient."
I regret that the information of the state of the Govern-
rnent" which I am now able to give you, is of a most gloomy
character-far more gloomy than any of us anticipated it
would be when I addressed you at the commencement of'
your last session. At that time, the President of the United
States, representing, as we supposed, the Government of the
United States, indicated a line of policy, the adoption of
which we were assured would secure a full recognition of
our civil rights and also our representation in Congress.-
"We adopted the line of policy proposed to the fullest extent.
We took the oath prescribed by the President to support
the Constitution of the United states and the union of States'
thereunder, and to abide by and faithfully support all laws
and proclamations made with reference to the emancipation
of slaves." We repudiated all debts contracted in support
of the rebellion. We declared the ordinance of secession
null and void.. We adopted the proposed Constitutional
Amendment abolishing slavery throughout the United
States. We enabled the freedmen to sue and be sued and
be witnesses in all our Courts, and put them upon a perfect'
equality with white men as to all rights either of person'or
property. In short, we left nothing undone that the Gov-
ernment, acting through the Pmesident, demanded of us.-
But still our Constitutional representation is denied us, and
our civil rights have not been allowed to us, or, if we enjoy
any portion of them, it seems to be by the permission of the
military, and not by virtue of the Constitution. Orders, in
substance, were recently issued by the Major General Com-
manding here to the officer commanding the Post of Fer,
nandina to permit no civil process to be executed, except
spch as should seem to him proper, and to arrest and confined
the Sheriff in case of his attempting to execute his'procesi
after being commanded by the officer to desist. If this niy
2

10

be done in one case, it may be done in all. If it may be
done in Fernandina, it may be done in Tallahassee. Hence
we see that martial law, which is the mere will of the Gen-
eral Commanding, is still in fact the supreme law in this
State. And, again, recently in Columbia County, two men
one white and the other colored, exchanged horses. The
colored man complained to the Agent of the Freedman's
Bureau that the white man had defrauded him. The mat-
ter was referred to the Commanding General. A "Bureau
Court" was ordered for the trial of the white man, and he
was arrested and confined until he complied with such terms
as the Agent of the Bureau thought reasonable. Thus
again we see that not only the property, but the liberty of
our people, is at the disposal of the military, who assume,
in a state of profound peace, to exercise judicial power.
The Constitution of the United States says: The judi-
ial power of the United States shall be vested in one Su-
preme Court and such inferior Courts as Congress may from
time to time ordain and establish." But, though we pay all
ttes and obey all laws and are ready to give our lives in
defence of the Constitution, we do not enjoy the protection
i that sacred instrument.
I am glad to be able to say that no part of the blame of
Ohis violation of what we understood to be the pledged faith
of the nation is imputable to the President. So far as he is
concerned, he has endeavored to comply with our reasonable
expectations. By his Proclamation of August 20th, he de-
elated the insurrection at an end, the cessation of martial
law and a full restoration of our civil rights; but a power-
fl party has arisen, which declares that he had no right to
_make that Proclamation, and that his act is therefore void.
It, is also due to the President to acknowledge that he ha
4one all he could to secure our right of representation, but
unfortunatelyy the dominant party are fearful that the ad-
mission of the Southern members might transfer the balance
6 power from themselves to their opponents. Hence they
deny the Constitutional right of the members from ten States

n

to their seats, and exclude them without even indicating any
terms on which they will be admitted. It is true they have
passed A Joint Resolution proposing an amendment to the
Constitution of the United States," but they have nowhere
said that upon the adoption of this amendment our members
will be admitted. But, even if they had said so, I can
scarcely think our people would purchase a right, already
clearly their own under the Constitution, at so terrible a
price.
I now submit an authenticated copy of said proposed
amendment to you for adoption or rejection. I recommend
that it be rejected, among others, for the following reasons:
1st. The Constitution declares that "Congress, whenever
two-thirds of both Houses shall deem it necessary, shall pro-
pose amendments to the Constitution." The Constitution
also declares that the House of Representatives shall be
composed of members chosen every second year by the peo-
ple of the several 'States, and that the Senate shall consist of
two Senators from each State.
I submit whether two-thirds of both Houses of Con-
gress," within the meaning of the Constitution, have ever
proposed this amendment? Certainly the Congress that
proposed this amendment was not composed of representa-
tives "elected by the people of the several States" and
"two Senators from each State." Ten of the States, and
those mostly to be affected by thfe proposition, were express-
ly excluded from voting upon it.
2nd. The Constitution says that "every order or resolu-
tion, to which the concurrence of the Senate and House of
Representatives may be necessary, (except on questions of
adjournment,) shall be presented to the President." This,
though a joint resolution, requiring the concurrence of both
Houses, was never submitted to the President.
3d. The First Section of the proposed amendment reads
thus: All persons born or naturalized in the Uinited
States, and subject to the jtirisdictipn thereof, are citizen of
the United States and of the State wherein they reside. No

-12
12

"State shall make or enforce any law which shall abridge the
privileges or immunities of citizens 6f the United States;
nor shall any State depi'iv6 any person of life, liberty or
.property without due process of law, nor deny to any per-
son within its jurisdiction the equal protection of the laws."
The Fifth Section reads thus: Congress shall have power
to enforce by appropriate legislation the provisions of this
article." These two Sections taken together, give Congress
the power to legislate in all cases touching the citizenship,
life, liberty or property of every individual in the Union, of
whatever race or color, and leave no further use for the
State governments. It is in fact a measure of consolidation
entirely changing the form of the government.
4th. The second section reads as follows:
Representatives shall be apportioned among the several
States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians
not taxed. But, when the right to vote' at any election for
the choice of electors for President and Vice-President of
the United States, Representatives in Congress, the Execu-
tive and Judicial Officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants
of such State, being twenty-one years of age and citizens of
the United States, or in any way abridged, except for par-
ticipation in rebellion or other crime, the basis of represen-
tation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole num-
ber of male citizens twenty-one years of age in such State."
This section proposes to diminish the political power of
the South by fixing the basis of representation on the voting
population, instead upon the census, as it is now fixed by
the Constitution. It is wonderful to witness the apparent
% sincerity with which the friends of this section urge it, upon
the alleged grounds of fairness and equity. Without it they
say the voters of the South have one-half -more power than
the voters of the North, man for man, and in some States
they say the Southern voter will have two-fold the weight

"13

of the Northern man, and hence they argue, with apparent
candor,'that even the verdict of the South should be in fa-
vor of this section.
The constitutional principle is, that Federal representa-
tion and taxation are based upon the census, while the ex-
ercise of suffrage is regulated by State laws. The number
of Representatives due to a State is expressly made to de-
pend on its population, and that alone; while it is as ex-
pressly remitted to the State's own discretion to say who
among its citizens shall constitute the voters or electors
to make choice of or appoint those Representatives. Ac-
cordingly, the States have exercised this function in entire
freedom, and in point of fact very variously. Some have
conferred suffrage on every male above twenty-one years,
without distinction; some on every white male; some have
required in addition qualifications of residence for greater or
less periods; some have required also the payment of taxes,
and some possession of freeholds. The proportion of voters
to population have therefore beer as various as the State
laws. Nobody ever conceived that in this any unfairness
was operated by one State as against another.
The idea seems to imply that a Representative represents
merely the voters, instead of the people generally; instead
of which, the voters, whether few or many, are in fact only
the appointing power. Nobody imagines, for instance, that
the Senator represents merely the Legislature or Governor
that appointed him; or that the President of the United
States is the President of the electoral college, instead of
the people; or that our wives and children are not represen-
ted because they do not vote. Representatives in Congress
are based upon population, and represent population, while
the designation of the citizens who are to nominate them is
matter of State discretion and regulation. This is the whole
statement.- There is no unfairness in it, and none would
ever have been suggested, but for the fact that the liberation
of our slaves has incidentally added to our representative
population.

14

Let us look at the consequences of making voters and not
numbers the basis of representation. Virginia requires two
years residence for suffrage, while some States perhaps re-
quire none. Virginia thus reduces comparatively the num-
ber of her voters. Suppose the reduction to be one-half-
the degree does not affect the principle-can it be said in
any fair and equitable sense that she thus gains an advan-
tage over a sister State, and that to meet the evil Virginia's
representation must be cut down ? Let us take a possible
ease. Suppose Pennsylvania should conclude that, as she
makes her sons fight at eighteen years, she ought to let them
vote at the same age, and should thus add to the number of
her voters as compared to Ohio, would this give her a right
to exclaim as against Ohio that a voter there had more
weight than a voter in Pennsylvania, and that Ohio's rep-
resentation ought therefore to be cut down accordingly ?
Take another, not only possible, but probable, case. Sup-
pose Massachusetts shall adopt female suffrage, and thereby
double the number of her voters, will this give her a right
to have the representation of Pennsylvania cut down one-
half? I think I have said enough to satisfy any reasonable
man that it is best to let the basis of representation remain
as our fathers fixed it, on the census, and not the voters.
5th. The third section of the proposed amendment reads
as follows:
SEC. 3. "No person shall be a Senator or Representative
in Congress, orelector of President and Vice-President, or
hold any office, civil qr military, under the United States,
or under any State, who, having previously taken an oath
as a member of Congress, or as an officer of the United
States, or as a member of any State Legislature, or as an
Executive or Judicial officer of any State, to support the
Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or guen aid or
comfort to theenemies thereof. But Congress may, by a
vote of two-thirds of each House, remove such disability."
My first objection to this section is, that it seeks to pun-

15

ish certain classes of citizens, not more guilty than others,
by depriving them of their right to hold office under the
State and Federal Governments. Most of the persons thus
to be punished have already been pardoned by the President,
under authority expressly conferred by Congress in the Act
of July 17, 1862. I hold that no power on earth can justly
go behind the President's pardon and punish these parties
again in any way whatever.' But, there is no reason why
the classes proscribed should be punished more than others.
If a man twenty years ago was a Justice of the Peace, or a
member of a State Legislature, or of Congress, and took an
official oath to support the Constitution of the United States
and always kept it, and did all in his power to prevent the
rebellion, but after secession became an accomplished fact wa
compelled by the force of circumstances to act with his State,
I cannot therefore see how he is more unfit to hold office
nnder the State or Federal government than a man who al-
ways refused to take an oath to support the Constitution of
the United States, but constantly urged and finally accom-
plished secession, and then took up arms and fought against
the government for years, holding perhaps a high military
commission under the Confederacy. According to this sec-
tion, those who so loved the Constitution as to have been
willing at any time to take an oath to support it are to be
punished, while those who always hited it; and never wodii
swear to support it, are to be rewarded by Ibeing nmadi tlh
only people in the country capable ofholding office under it.
I could cite numerous instances, and to see them you have
only to look around you, in which this amendment would
punish men whose labors for years had been devoted to the
preservation of the Union, and leave unpunished those whose
lives had been devoted to its destribtion.
Hte fact is patentto Oevery man in the South, that the
lasses proscribed are not more guilty thiai those who are
not proscfibed. There is no jusiice or propriety in the dis-
eihminatibn. If it be said, that; in cases of haridsip, Con-
gress may rienove ths disability, 1 reply, that is ii6 answer.

16;

To my mind it is rather an aggravation of the evil. This par-
doning power vested in Congress will operate as a corruption
fund. A man who is elected to an office will be received or
rejected, not because of his constitutional right or merits,
but from the favor or disfavor of the dominant party. This
of course makes him the tool of the dominant party. If he
can be relied upon to co-operate with them, he will be re-
ceived ; if not, he will be rejected. The proscription of this
section upon the present officers of our State government
would amount to a dissolution of the government itself. The
proscription applies, 1st, To those who at any time have
been members of Congress. 2d, To those who at any time
have held any office under the United States. 3d, To those
who have been at any time members of a State Legislature.
4th, To those who have been at any time Governors of States.
Sth, To those who have been at any time Judges and Soli-
citors of the Courts. 6th, To those who have been at any time
Justices of the Peace.
No matter what may have been the previous record ofany
of these officers, or how long a time previously they had held
office, or how much they opposed secession, yet, if after the
rebellion, they were by the force of circumstances drawn into
it, even to a most limited degree, they are proscribed.
Look around you and see how few persons will be left in
office after this amendment is adopted, and you will see that
to vote for it is to vote for the destruction of your Stategov-
ernment. After taking out all the proscribed officers, there
will not be enough left to order elections to fill the vacancies,
and a military government will become a necessity. And
who are those whom we are asked thus to disgrace with of-
ficial disfranchisement? Are they not those whose expe-
rience and abilities are most necessary to the State in this her
hour of trouble ? Are they not those whom we have always
regarded as the very best men in our land ? Are they not
those whom we have loved and trusted above all other men
in the State ? Are they not those, in thousands of instances,
who witnessed the act of secession with bleeding hearts,

17

and engaged in the rebellion only out of difference to the
will of their State ? Are they not those who sacrificed them-
selves to serve their State ? And will their State now turn
round and repay their devotion by putting a mark of infamy
upon then'1? Perish for ever so base a thought! If they
are to be disfranchised, let it be by no act of ours.
The fourth section of the proposed amendment reads thus:
"The validity of the public debt of the United States au-
thorized by law, including debts incurred for payment of,
pensions and bounties for services in suppressing insurrec-
tion or rebellion, shall not be questioned. But neither the
United States nor any State shall assume to pay any debt or
obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation
of any slave; but all such debts, obligations and claims shall
be held illegal and void."
All I have to say about this section is, that it is put in
merely as a make-weight. All that it proposes to secure is
secured already beyond question. Except that it would be
a useless part of the Constitution, I should have no objection
to its adoption. But, as we cannot adopt one without adopt-
ing all the sections, I advise its rejection also.
Of the fifth section, which says, "The Congress shallhave
power to enforce by appropriate legislation the provisions of
this article," I have already spoken. Taken in connection
with the other sections, it gives to the Federal government
all the powers heretofore exercised by the State governments
over the affairs of individuals. It makes a consolidated gov-
ernment of the former and leavesno longer any necessity for
the existence of the latter.
I here close what I have to say on the proposed amend-
ment. I trust you will give it a fair and unbiased conside-
ration, and adopt it or reject it as in your wisdom you shall
deem best.
3

181

THE FREEDMEN.
"On the subject of the course which we should pursue to-
wards our freedmen, I have only to refer to what I said in
my Inaugural Address. During the past year they, like
-the white people, have been mostly engaged in endeavoring
to earn the means of subsistence. If let alone, my opinion
is that they would, in a few years, settle down into a quiet
and orderly laboring population. During the past year they
*ave behaved as well as could have been expected under
the circumstances. Most of them have worked well, and,
considering the outside influences which have operated to
prevent it, the feeling which continues to exist between
them and their former owners is remarkably good. So long
as the white and black man look to the same laws and the
"aine tribunals for equal protection and receive it, we may
apect this harmony to exist; but I anticipate nothing but
te worst possible consequences, both to the black and white
man, from the recently instituted system of Bureau Courts"
which our people regard as unconstitutional, mischievous
and unnecessary. In these Courts the white man expects to
receive nothing but oppression, and the black man nothing
lit partiality. So long as the Agents of the Freedman's
Bureau confine themselves to assisting the freedmen in as-
"erting all their rights before the Constitutional tribunals
of the country, I have no objection. I have, and always
will, co-operate with them to the fullest extent of my power.
No case of apparent hardship has ever been brought to my
attention which I have not relieved. But when these
Agents, in violation as I conceive of the Constitution of the
United States, and as a matter of uncalled for and unneces-
sary insult, undertake to exercise judicial .powers, I must,
in the name of the violated Constitution of my country,
enter my solemn though unavailing protest against the
usurpation. I recommend a revision of the laws you passed
at your last session in regard to freedmen. The one in re-
gard to freedmen carrying fire-arms does not accord with
*mr Constitution, has not been enforced and should be re-

e19

pealed. I am informed'thi1i arriage law for freedmen was
not generally known' among' them,' in some parts of the
State, until it was too late 'fr them to avail themselves of
it. I recommend an exteinsi6i' of the time within which
those living together as nia iiarid wife before emancipation
shall be allowed to perf6irm the marriage ceremony. Here-
after, as heretofore, I trust all your legislation concerning
the freedmen will be marked by the most perfect fairness.-
I am sure that this is the inclination both of yourselves
and your constituents. We must live down the false and
slanderous stories which are circulated against us on this
subject by those who are actuated by political motives, or
are seeking to perpetuate their own reign over us. We
know from experience that' this is a slow process, but still
we can and will effect it. The moral victory we shall
achieve will be the more valuable from the patience and
long suffering which will characterize its accomplishment.
Much commendable activity has been manifested by the
Superintendent of Schools for freedmen, and, considering
the want of means, much has been done. The very general
disposition of the planters to assist him in his good work is
the best contradiction of the slander that there is a disposi-
tion on the part of the white men of this State to oppress
the black. I submit the report of the Superintendent here-
with.
THE GENERAL DISPOSITION OF THE PEOPLE.
It gives me pleasure to be able to inform you that the
disposition of the people throughout the State, without ex-
ception, remains 'true and loyal to the Constitution and
Union. It is true that the Bureau Courts and the heavy
tax of three cents per pound on cotton, and the slanders
published concerning us, and the refusal of our representa-
tion in Congress, are most discouraging, and our people have
appreciated the proverb that hope deferred maketh the
heart sick." But still they cling to the Constitution as the
ark of their political hopes, and only lament with unavail-

20

ing sorrow that they are not permitted to enjoy its blessings
as well as bear its burthens. We are passing through our
political wilderness and being bitten by fiery serpents. If
we cannot rest our anxious gaze upon the Constitution of
our country and be healed, then must we conclude that God
in His wisdom has delivered us over to utter destruction,
and submit with resignation to His divine will, whatever it
may be.
OUR JUDICIAL SYSTEM.
The office of Justice of the Peace may be said to be the
foundation on which the judicial system of the State is
based. In the present poverty-stricken condition of the
country, these officers exercise jurisdiction over a much
greater number of cases and parties than any other courts.
It is true the amounts involved are not so great, but those
concerned are not less interested on that account; nor are
the legal questions less difficult of solution. In addition to
this, every man, whether rich or poor, who is charged with
the commission of any violation of law, is liable to be brought,
in the first instance, before a justice, to be discharged, bailed
or committed. A large majority of our people, including
all colors, never have business, either civil or criminal, be-
fore any other tribunals. Upon the character of these courts
depend in a- great measure not only the administration of
justice, but also the statues of morals and the respect for
the officers of justice which prevail among the masses of our
people. It is, therefore, a matter of the utmost consequence
that our justices should be placed upon the best possible
footing. We should see that the best men are selected;
that they exert a good moral and official influence, and are
not subjected to unjust suspicions and unnecessary tempta-
tions. Under the system now in operation, I think this is
not the case. Each county is subdivided into a number of
small districts, and each district elects its own justice, who
must reside within the district. In some instances, not
more than a dozen men reside within the district, not one

21

of whom is competent to be a justice. Consequently, it has
too often happened that a very unsuitable person has been
elected. No compensation is fixed by law for these officers,
but each one makes all he can out of his office, by charging
a fee prescribed by law for every thing he does. This
makes it the interest of the justice to be, not a conservator
of the peace, as was intended by the law, but a promoter
of strife and litigation. It make it his interest, not to advise
his neighbors to settle their differences among themselves,
but to litigate every thing in order that the justice may get
his fees. This I think ought not to be so. Every judicial
officer ought to be placed by the law above the suspicion of
being influenced by sordid motives. Why should a Justice
of the Peace depend upon fees for his compensation more
than a Circuit Judge? What would be thought of a Circuit
Judge who should receive claims for collection, with the
understanding that he was to receive commissions on his
collections ? If a Circuit Judge were to receive a dollar
for every writ he issued, would he not always be suspected
of issuing more writs than necessary? If this be so with a
Circuit Judge, is it not equally so with a Justice ? I ques-
tion if there is a member of the General Assembly who has
not known a justice who hunted for business, and became
thereby a disturber instead of a conservator of the peace.
To remedy this defect, I propose to diminish the number uo
justices, and that each justice be elected by the whole
county, and receive no fees, but a fixed yearly compensa-
tion.
In view of the poverty of our treasury, the proposition to
pay them salaries may startle you, but I recommend it as a.
matter of economy as well as of right. Look at the report
of the Comptroller, which I herewith lay before you, and
you will discover that the amount the State will have to pay
on account of the useless and foolish proceedings of the
justices in criminal prosecutions is more than sufficient
to pay each justice as much salary as he ought to re-
ceive. The office of justice is not one which ought to

22

be looked to as an office of profit. In the State of Virginia,
justices formerly (I know not how it is now) received no
compensation, and the consequence was that such men as Ex-
President MADISON, and MONROE, and TYLER, and Gov. GILES,
deemed it an honor to sit on the magistrate's bench. When
their neighbors came to these wise patriarchs with their lit-
tle complaints, they did not rush them into litigation for the
sake of the fees, but talked the matter over with them, and,
in most cases, settled it upon the broad principles of justice
and equity, without a resort to law. Thus they preserved
the good feeling and peace of society, and elevated the mor-
al tone of the people, instead of degrading it by involving
them in dirty and unnecessary litigation. I think the glo-
rious pre-eminence of Virginia is owing in a great measure
to the purity of her judicial system. The same system pre-
vails in Kentucky, with similar results. It is also the En-
glish system. But, as few of our people can now afford to
give their services to the public without some compensation,
I recommend the payment of such moderate salaries, as will
pay the justices for the time actually consumed in discharg-
ing the duties of their offices.
I am of opinion that the present method of electing Justi-
ces of the Peace in separate districts is not in accordance
with the spirit of our Constitution. The Constitution says,
a competent number of Justices of the Peace shall be from
time to time elected in and for each county, in such mode
and for such term of office as the General Assembly may di
rect." Since they are to be elected in and for the county,
and not in and for a mere district in a county, I submit that
each justice shall be elected by the whole county. This
would secure a chance to select better officers. And, again,
as the Constitution says, a competent number of justices
shall be elected" in such mode as the General Assembly
shall prescribe, I submit that the General Assembly ought
to determine how many are a competent number" ior each
county. I am of opinion, that, even in the largest counties,
three justices, with a competent number of notaries public,

23

will.be sufficient for the business and convenience of the
people. My suggestion is, to let these three be elected by
the people of the county, as the County Commissioners are;
let the three assemble like the County Commissioners at the
county site, on the first Monday of each month, for the trans-
action of business. This would give them the benefit of
books and counsel and consultation. Let them receive no
fees, particularly in criminal cases. This system, in my
judgment, would give us a much more respectable body of
magistrates, more certainty, uniformity and satisfaction in the
administration of justice, and be a great saving of expense
to the State.
As next in order, I invite your attention to the County
Criminal Courts. In some counties they have worked well,
in others badly. They are complained of as expensive, and
perhaps are so, but I am satisfied much of the expense has
arisen from the frivolous cases sent up to them by the Jus-
tices of the Peace under the fee system. In some counties
I have been unable to get competent men to hold the offices.
As a general thing, I think sabstantialjustice has been done;
but some cases of hardship have come to my knowledge, and
in all such I have exercised the pardoning power freely. In
most cases the costs exceed the fine. I have known a case
where a man was fined one dollar for a trifling offence and
had to pay seventy dollars as cost-. I invite your particular
attention to the tariff of fees. From one county alone, the
jail fees which are charged against the State for the last year
amount to $1,644. I am not prepared to say what I think
is best to be done with these courts. In giving them a fair
consideration, we must remember that they now have juris-
diction over thousands of cases which formerly were disposed
of in the domestic forum of each family or plantation. I
must leave the matter to your superior wisdom. The only
suggestion I have heard in regard to these courts is, either
to continue them as they are, or else abolish them and let
the judges of the Circuit Courts discharge their duties. To
do this the circuit judges would have to be relieved of chan-

24

eery business, and hold double the present number of terms.
What is best, the General Assembly must determine.
. The reports of the Secretary of State, the Attorney Gen-
ral and Treasurer, and Comptroller, and Register of Public
Lands, who is es offiio Superintendent of Common Schools,
and of the Trustees of the Internal Improvement Fund, and
of the Superintendent of Common Schools for Freedmen,
which I herewith lay before you, with what I have already
said, will give you a general idea of the condition of the af-
fairs of the State.
To say more now would extend this communication to
an inconvenient length. Such other information as I
may be able to give you, I will transmit through special
messages from time to time during your session.
Pledging myself to a cordial co-operation with you in
whatever may seem best calculated to promote the welfare
of our beloved and suffering State,
I remain, gentlemen,
With great respect,
Your fellow-citizen,
DAVID S. WALKER.

The rule being waived, Mr. Peeler of Leon moved that one
thousand copies of the Governor's Message and Accompanying
Documents be printed for the use of the House, and that fifteen
copies thereof be placed on the desk of each member for distri-
bution among his constituents, and that such portions thereof as
may properly come under any head for which there is a Stand-
ing Committee be referred to the appropriate committee;
Which was agreed to.
Mr. Dickison moved that that portion of the Governor's mes-
sage relating to the proposed Constitutiona Amendment, be re-
ferred to the Standing Committee on Fedelral Relations;
Which was agreed to.
On motion, the House adjourned until to-morrow morning, 10
o'clock.

25

STANDING IULES OF TIE HOUSE.
RULE 1. Thei Speaker shall take the Chair every day, pre-
cisely at the hour to which the House shall have adjourned
on the preceding day; shall immediately call the members
to order, and, on the appearance of a quorum, shall cause
the Journal of the preceding day to be read.
2. He shall preserve order and decorum; may speak to
points of order in preference to other members, rising from
his seat for that purpose; and shall decide questions of order,
subject to an appeal to the House by any two members; on
which appeal no member shall speak more than once, unless
by leave of the liouse.
S3. He shall rise to put the question, but may state it sit-
ting.
4. No member shall speak to any other, or otherwise in-
terrupt the business of the House, or read any newspaper, or
other paper, while the Journals or other public papers are
being read, nor pass between the Speaker and any other
member who may be addressing the House.
5. Every member, when he speaks, shall address the Chair,
standing in his place, and when he has finished shall sit
down; nor shall any member speak more than twice on any
one subject without leave of the House.
6. When two or more members shall arise at the same
time, the Speaker shall name the person entitled to proceed.
7. When a member shall be called to order, he shall sit
down until the Speaker shall have determined whether he
is in order or not; and every question of order shall be de-
cided by the Speaker, without debate, subject to an appeal
to the House.
8. If a member shall be called to order for words spoken,
the exceptionable words shall be immediately taken down
in writing by the person objecting, that the Speaker may be
.better able to judge of the matter.
.9. No member shall absent himself from the service of the
House without leave of the House; and in case a less num-
ber than a quorum shall convene, they are hereby authorized
to send the Sergeant-at-Arms for (any or) all absent members,
as the majority of such members present shall agree, at the
expense of such absent members respectively, unless such ex-
cuse 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
4

26

reduced to writing, delivered in at the table, read and sec-
onded.
11. When a question is under debate, no motion shall be
received but to adjourn, to lay it on the table, to postpone
indefinitely, to postpone to a certain day, to commit or to.
amend; which several motions shall have precedence
in the order in which they stand arranged; and the motion
for adjournment shall always be in order, and the motions
to adjourn or lay on the table shall be decided without de-
bate.
12. If the question in debate contains several points, any
member may have the same divided.
13. In filling up blanks, the largest sumand longest time
shall be first put.
14. When the reading of a paper is called for, and the
same is objected to by any member, it shall be determined
by vote of the House without debate.
15. When the yeas and nays shall be called for by two of
the members present, every member within the bar of the
House at the time the question was put by the Speaker, shall
(unless for special reasons he be excused by the House,) de-
clare openly and without debate, his assent or dissent to the
question. In taking the yeas and nays, and, upon the call.
of the House, the name of the members shall be taken alpha-
betically, and the Speaker shall in all cases vote first.
16. No member shall be permitted to vote on any ques-
tion 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 member to vote shall be in order, un-
less 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 discus-
sion the public safety may, in the opinion of the House, im-
periously require secresy, the House shall direct the Speaker
to cause the lobby to be cleared, and, during the discussion
of such business, the door shall remain shut, and no person
shall be admitted except by special order of the House.
18. The following order shall be observed in taking up
the business of the House, viz: 1st, motions; 2nd, petitions,
memorials, and other papers addressed either to the House or
Speaker thereof; 3d, resolutions; 4th, reports of Standing
Committees; 5th, reports of Select Committees ; 6th, messa-
ges from the Senate lying o i the table; and, lastly, orders
of the day.

27

19 When a question has once been made and carried in
hle affirmative or negative, it shall be in order for any meln-
her of the majority to move for a reconsideration thereof;
but no motion .for the reconsideration of any vote shall be in
order after a bill, resolution, message, report, amendment of
"jhotion upon which the vote was taken, shall have gone out
of possession of the House, announcing their decision ; nor
shall any motion for reconsideration be in order unless made
on the same day on which the vote was taken, or within the
two next days of the actual session of the House thereafter.
20. All the questions shall be put by the Speaker of the
house, and the members shall signify their assent or dissent
by answering viva voce, yea or nay; and in the event of a
tie, the question shall be decided in the negative.
21. The Speaker of the House. or the Speaker pro ter.,
shall have the right to name a member to perform the duties
of the Chair, but such substitution shall.not extend beyond
an adjournment.
22. IBefore any petition, memorial or other paper address-
ed either to the House or to the Speaker thereof, shall be re-
ceived and read at the table, whether the same be introduced
by the Speaker or a member, a brief statement of the con-
tents 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 no bill shall be writ-
ten or printed except by express order of the House.
24. Every bill and all resolutions of a public nature, or for
the appropriation of the public money, shall receive three
readings previously to the final passage of such bill or reso-
lution; and the Speaker shall give notice at each, whether
it be the first, second or third readings, which readings shall
be on three different days, unless four-fifths of the members
shall otherwise direct.
25. At the second reading of any bill or resolution, itshall
be in order for any member to move its commitment to a
Co mmittee of the whole House; that it lay on the table; for
its indefinite postponement; for its postponement to a day
certain, not beyond the session; for its commitment to a
Standing Committee, to a Select Committee, or to amend;
which motions shall have precedence in the order above sta-
ted.
26. It shall not be in order to amend the title of any bill
or resolution until it shall have passed its third reading.
27. The titles of bills, and such parts thereof only as shall

28

be affected by the proposed amendments, shall be inserted
on the journals.
28. The following Standing Committees, to consist of not
less than five members each, shall be appointed by the
Speaker at the commencement of each session, with leave to
report by bill or otherwise, viz : A Committee on the Ju-
diciary; a Committee on the Militia; a Committee on Fi-
nance and Public Accounts; a Committee on Claims; a
Committee on Schools and Colleges; a Committee on Inter-
nal Improvements ; a Committee on Enrolled Bills and En-
grossed Bills; a Committee on Elections; a Committee on
Propositions and Grievances; a Committee on Federal Re-
lations; a Committee on Corporations; a Committee on.
Indian Affairs; a Committee on Agriculture; a Committee
on Commerce and Navigation; a Committee on Taxation.
and Revenue, and a Committee on the State of the Com-
monwealth.
29. All confidential communications made by the Gover-
nor to the House, and all business in the consideration of
which the injunction of secresy shall have been imposed,.
shall be by the members thereof kept secret, until the House,
by its resolution, shall take off the injunction of secresy.
30. Each member of Select Committees, shall, with their
Chairman, sign every report made to the House, if they
concur therein.
31. Messages may be received at any stage of the business,
except while a question is being put, or while the yeas and
nays are being called.
32. The Governor and Secretary and members of the Sen-
ate 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, the Sergeant-at-Arms and Doorkeeper shall
be severally 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 resolutionsshall be signed
by the Speaker; and all writs, warrants and subpoenas issued
by order of the House, shall be under his hand and seal, and
attested by the Clerk.
35. In case of any disturbance or disorderly conduct in.
the lobby, the Speaker, or Chairman of the Committee of the
Whole H-ouse, shall have the power to order the same- to be
cleared..

29

36. Reporters wishing to take down the debates anid-pro-
ceedings, may be admitted by the Speaker, who shall assign
such places to them on the floor, or elsewhere, as shall not
interfere with the convenience of the House.
37. No member shall vote on the 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 amend-
ment.
39. The previous question shall be in this form: Shall
the main question be now put ?" and shall be decided by a
majority of the members present, without debate; and until
it is decided shall preclude all amendments and further de-
bate of the main question.
40. When a question is postponed indefinitely, the same
shall not be acted upon again during the session.
41. No motion or proposition on a subject different from
that under consideration, shall be admitted under color of
amendment.
42. The unfinished business in which the House was en-
gaged at the adjournment, shall have the preference in the
orders of the day, and no motion on any other business shall
be received without special leave of the House, until the
former is disposed of.
43. Upon the call of the House, the names of the mem-
bers shall be called over by the clerk, and the absentees no-
ted; after which, the names of the absentees shall again be
called over, the doors shall than be shut, and those for
whom no excuse or insufficient excuses are made, may, by
order of those present, be taken into custody as they appear,
or may be sent for and taken into custody wherever to be
found by the Sergeant-at-Arms.
44. When a member shall be discharged from custody
and admitted 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 on Elections to
examine and report upon the certificate 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
without special leave.

30

47. All bills ordered to be engrossed, shall be executed in
ta fair round hand and without erasures or interlineations.
48. Before a bill or resolution requiring three readings
shall be read the third time, it shall be carefully engrossed
under the direction of the clerk, and upon the third reading
of the bill or resolution, it shall not be committed or amended
without the consent of three-fourths of the House.
49. No amendment by way of rider shall be received to
any bill on its third reading.
50. When a bill or resolution shall have passed its third
reading, it shall be certified by the clerk endorsing thereon
the day of its passage, and be transmitted to the Senate ac-
companied with a message stating the title of the bill or res-
olution, and asking the concurrence of that body, and its
transmission shall be entered upon the Journal.
51. Bills committed to a committee of the whole House
shall be first read throughout by the clerk, and then again
read and debated by clauses, leaving the preamble to be
last considered. The body of the said bill shall not be inter-
lined and defaced, but all amendments noting the page and
line, shall be duly entered by the clerk on a separate paper,
as the same shall be agreed to by the committee, and so re-
ported to the House. After report, the bill shall again be
subject to be debated aud amended by clauses.
52. It shall be in order for the Committee on Enrolled and
Engrossed bills to report at any time.
53. Messages shall be transmitted to the Governor and
Senate by the Doorkeeper, unless otherwise directed by the
House.
54. No bill shall be introduced into the House on the last
week of the session, nor shall the rules, or any of them, be
rescinded or suspended, unless two-thirds of the members
present so direct.
55. That upon the adjournment of the.General Assembly,
the clerk of the House shall be required to file in the office
of the Secretary of State, all papers on file with him rela-
ting to unfinished business, all original papers and Journals
of the House, and that he be required to obtain a certificate
from the Secretary ef State that such has been done, and
file the same with the Treasurer, before receiving his com-
pensation.
56. In all cases not provided for by these rules, parliamen-
tary practice, as laid down in Jefferson's Manual, is hereby
adopted.

31

JOINT RULES.
RULE 1. Messages from either House to the other shall be
sent by such persons as a sense of propriety in each House
may determine.
2. After a bill shall have passed both Houses, it shall be
duly enrolled by the Clerk of the House of Representatives,
or by the Secretary of the Senate, as the bill may have origi-
nated in one or the other House.
3. When bills shall be enrolled, they shall be examined
by a Jo'nt Committee of at least two from the Senate and
two from the House of Representatives, appointed as a Stand-
ing Committee for that purpose, who shall forthwith make
report.
4. When a bill or resolution, which shall have passed in
one House, is rejected in the other, notice thereof shall be
given to the House in which the same may have passed.
5. When a bill or resolution, which has been passed in
one House, shall be rejected in the other, it shall not be
brought in during the same session, without notice of ten
days and leave of two-thirds of that House in which it shall
moved.
6. Each House shall transmit to the other all papers on
which any bill or resolution shall be founded.
7. After each House shall have adhered to their disagree-
ment, a bill or resolution shall be lost.
8. When elections are required to be made by joint vote
of the two Houses, the time of electing shall be previously
agreed upon.
9. In every Joint Committee the member first named on
the part of the House first proposing such Committee, shall
convene the same.
10. During the elections of officers, there shall be no
motions entertained, except to adjourn, to proceed to vote,
to nominate, and to withdraw a candidate-which motions
shall have precedence in the order they stand.
11. The doings throughout shall proceed without debate.
12. Communications shall be made on paper and signed
by the Secretary of each House, and transmitted by the
Messenger or Doorkeeper.
13. In every case of disagreement between the Senate and
House of Representatives, either House may suggest con-
ference and appoint a Committee for that purpose, and the
other House shall also appoint a Committee to confer at a
convenient hour, to be designated by the Chairman; said

32

Committee shall meet and confer fi-eely on the subject of
disagreement.
14. Whenever a public bill or resolution is ordered to be
printed for the use of either House, a number shall be ordered
sufficient for the use of both Houses; and it shall be the
duty of the Secretary of the Senate or Clerk of the House,
as the case may be, to inform the other House of such order,
and to transmit to that House the requisite number of printed
copies.

-o-

SATURDAY, December 17, 1866.
The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Anderson, Armistead, Arnau, Barrett,
Branch, Brock, Brokaw, Browne, Collins, Cooper, Coulter, Dicki-
son, Durham, Hankins, Henderson, Hosford, Howse, Johnston
of Gadsden, Lassiter, Langford, McKinnon, McClellan, McMil-
lan, Mizell, Neal, Peeler of Jefferson, Peeler of Leon, Richardson,
Saxon and Stanford-31.
A quorum present.
On motion of Mr. Collins the reading of the journal of yes-
terday's proceedings was dispensed with.
Mr. Collins moved that a committee of three be appointed to
wait upon the Hon. Senators William Marvin and Wilkinson
Oall, and our Representative, Ferdinand McLeod, and solicit
them to address the General Assembly upon some evening, at no
distant day, when it may best suit their convenience;
Which was agreed to, and Messrs. Collins, Haddock and
Browne appointed said committee.
On motion, Mr. Dickison was allowed to withdraw a resolu-
tion, offered on yesterday, in reference to the elections of clerks
of the House.
On motion, Mr. Coulter was excused from further attendance
on the House this day.
Mr. Hankins moved that the Enrolling and Engrossing Clerks
of the last session be continued the present session, and Assistant
Enrolling and Engrossing Clerks-be appointed by the Enrolling
and Engrossing Committees, to be approved by the House;
Which was not agreed to.

S3

Mr. Stanford offered the following resolution:
Resolecl, That the resolution adopted at the last session of
the House, requiring the Chief Clerk to appoint the Enrolling
and Engrossing Clerks and Recording Clerk, be and the same is
hereby repealed and rescinded, and that the House proceed to
the election of Enrolling, Engrossing and Recording Clerks for
the House.
Mr. Brokaw moved to amend the resolution by inserting the
"Chief Clerk and all the Clerks;"
Which was not agreed to.
Mr. Gee offered the following as a substitute for the resolu-
tion :
That all the officers of this House, excepting the Speaker, be
now voted tbr and elected to serve for the balance of the present
session of the General Assembly
Mr. Brokaw\ moved to rescind the resolution adopted by the
last House of Representativ es, offered by Mr. Hyer of Escambia;
Which was agreed to.
The substitute offered.by Mr. Gee was adopted, and the House
proceeded to the election of Chief Clerk.
1Mr. Gee nominated Mr. Wm. Forsyth Bynum, of Suwannee.
T1ere being no other nomination, on motion, Mr. Bynum was
dlecl:.arI,. elected Chief Clerk of the House of Representatives for
the l'n'sent session.
The House then proceeded to the election of First Assistant
Cler]k.
Mr. Barrett nominated John W. Tompkins of Columbia.
There being no opposition, Mr. Tompkins, on motion, was de-
clared elected First Assistant Clerk of the House for the present
session.
The House then proceeded to the election'of Second Assistant
Clerk.
Mr. Geo nominated J. W. Malone of Gadsden.
There being no other nomination, on motion, Mr. Malone was
declared elected Second Assistant Clerk of the House for the
present session.
The House proceeded to the election of Enrolling Clerk.
Mr. Anderson nominated Mr. McGriff of Gadsden county.
Mr. Brokaw nominated Mr. E. M. West of Leon county.
Mr. Peeler of Jefferson, nominated Mr. J. B. Collins of Jeffer-
son.
The vote was:
For McGriff-Messrs. Anderson, Armistead, Arnau, Barrett,
Branch, Brock, Cooper, Dickison, Durham, Gee, Gunn, Haddock,
Hankins, Henderson, Howse, Johnston of Gadsden, Lassiter,
Langford, McKinnon, Mizell, Neal, Overstreet, Richardson,
Stanford and Wills-25.
5

84

For West-Mr. Speaker, Messrs. Brokaw, Peeler of Leon and
Saxon-4.
For Collins-Messrs. Browne and Peeler of Jefferson-2.
For Blank-Messrs. Collins, Hosford, McClellan and McMil.
lan-4.
Mr. McGriff, having received a majority of the votes, was de-
clared elected Enrolling Clerk for the present session.
The House proceeded to the election of Engrossing Clerk.
Mr. Cooper nominated D. B. Maxwell of Leon county.
There being no other nomination, on'motion of Mr. Peeler of
Leon, Mr. Maxwell was declared elected Engrossing Clerk for
the present ses.'ion.
The House proceeded to the election of Recording Clerk.
Mr. Anderson nominated Mr. Daniel G. Gunn, Jr., of Walton,
Mr.. Lassiter nominated Mr. R. L. Bruce of Leon.
The vote was:
For Gunn-Messrs. Anderson, Armistead, Barrett, Brock,
Collins, Cooper, Dickison, Gee, Gunn, Haddock, Henderson,
Hosford, Iowse, Johnston of Gadsden, McKinnon, McClellaan,
McMillan, Mizell, Neal, Overstreet, Peeler of Leon, Richardson,
Saxon, Stanford and Wills-25.
For Bruce-Mr. Speaker, Messrs. Arnau, Brokaw, Durham,
IHankins, Lassiter and Langford-7.
For Blank-Messrs. Branch and Peeler of Jefferson-2.
Mr. Gunn having received a majority of the votes was declared
elected Recording Clerk for the present session.
The House proceeded to the election of Messenger.
Mr. Barrett nominated Mr. G. W. Floyd of Gadsden.
There being no other nominations, on motion of Mr. Collins,
Mr. Floyd was declared duly elected for the present term.
The House then proceeded to the election of Sergeant-at-Arms.
Mr. Peeler of Leon, nominated Mr. M. D. Page.
Mr. Peeler of Jefferson, nominated Mr. J. W. White.
Mr. Lassiter nominated Mr. John Rhodes.
The vote was:
For White-Messrs. Brock, Hosford, McClellan, McMillan,
Peeler of Jefferson and Saxon-6.
For Page-Messrs. Gunn and Peeler of Leon-2.
For Rhodes-Mr. Spea .er, Messrs. Anderson, Armistead, Ar-
nau, Barrett, Branch, Brock, Brokaw. Browne, Collins, Dickison,
Durham, Gee, Haddock, Hankins, Henderson, Howse, Johnston,
of Gadsden, Lassiter, Langford, McKinnon, Mizell, Neal, Rich-
ardson, Stanford and Wills-25.
Mr. Rhodes having received a majority was declared elected
Sergeant-at-Arms for the present session.
The House then proceeded to the election of Door Keeper.
Mr. Henderson nominated M. J. Murphy.
Mr. Haddock nominated George Bowen.

35

Mr. McMillan nominated John White.
For Door-Keeper, the vote was:
For White-Messrs. Brock, McClellan and McMillan-3.
For Murphy-Messrs. Barrett, Cooper, Henderson, Peeler of
Jefferson, Saxon and Wills-6.
For Bowen-Mr. Speaker, Messrs. Anderson, Armistead, Ar-
nau, Branch, Brokaw, Browne, Collins, Dickison, Durham, Gee,
Gunn, Haddock, Hankins, Howse, Johnston ot Gadsden, Lassi-
ter, Langford, McKinnon, Mizell, Neal, Overstreet, Peeler of
Leon, Richardson and Stanford-25.
Mr. Bowen having received a majority was declared elected
Door-Keeper for the present session.
In accordance with previous notice, Mr. Branch introduced
the following bill:
A bill to be entitled an act to incorporate the Fernandina and
Sea Beach Railway Company;
Which was placed among the orders of the day.
Mr. Brokaw, from a select committee made the following re-
report:
The committee appointed to select a Chaplain for this House,
beg leave to report that they have selected the Rev. J. E. Du-
Bose to perform that duty.
Very Respectfully,
P. B. BROKAW, Chairman
Which was read and ordered to be spread upon the journals.
A communication addressed to the Speaker of the House rela-
tive to a contested election in Brevard county, on motion, was
laid on the table.
ORDERS OF THE DAY.
A bill to be entitled an act to incorporate the Fernandina and
Sea Beach Railway Company,
Was read the first time, ruled waived, read a second time by
its title, and referred to the Committee on Corporations.
The rule being waived, Mr. Peeler of Leon gave notice that
he would, on some future day, introduce,
A bill to be entitled an act for the relief of certain suitors in
the courts; also,
A resolution requesting his Excellency, the Governor of this
State, and our delegation to the United States Congress, to use
their influence with the authorities at Washington to" have
released from confinement at Fort Jefferson, on the Florida
coast, all persons suffering an illegal imprisonment, and especial-
ly to bring to their attention the case of Geo St. Leger Grenfell,
now held under sentence of close confinement for life, by a mili-
tary commission
The rule being waived, Mr. Stanford introduced the following
bill without previous notice:

36

A bill to be entitled an act to remove the county site of Polk
county;
Which was read the first time, rule waived, read a second
time by its title, and referred to the Committee on Taxation and
Revenue.
The rule being waived, Mr. Peeler of Jefferson, moved that
the official report of the Comptroller be referred to the Judiciary
Committee;
Which was agreed to.
The rule being waived, Mr. Branch, pursuant to previous no-
tice, introduced the following bill:
A bill to be entitled an act to divide the county of Nassau
and organize a new county to be called Stewart county,
Was read the first time, rule waived, read a second time by
its title, and referred to the Committee on Propositions and
Grievances.
The rule being waived, Mr. Anderson gave notice that he
would, on some future day, introduce the following bill:
A bill to be entitled an act for the construction of a Railroad,
from some point on the Chattahoochee river, between the Ala-
bama line and the mouth of said river to St. Andrews Bay.
On motion of Mr. Haddock, the House adjourned until Mon-
day morning, 10 o'clock, A. M.

o-

MONDAY, November 19, 1866.

The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Anderson, Armistead, Arnau, Barrett,
Bates, Branch, Brock, Brokaw, Browne, Collins, Cooper, Coul-
ter, Dickison, Durham, Faulkner, Gunn, Haddock, Hankins,
Henderson, Hewett, Hosford, Howse, Johnston of Gadsden,
Johnston of Sumter, Lassiter, Langford, McKinnon, McClellan,
McMillan, Mizell, Moring, Neal, Overstreet, Peeler of Jefferson,
Peeler of Leon, Richardson, Saxon, Stanford, West, Westcott
and Wills-42.
A quorum present.
The Rev. Dr. DuBose officiated as Chaplain.
On motion, the reading of the journal of Saturday's proceed-
ings was dispensed with, and the journal corrected and approved.

37

On motion, the credentials of Mr. Whidden, of Manatee, were
presented, and Mr. Whidden came forward and was duly
sworn.
Mr. Arnau gave notice that he would, on some future day, in-
troduce the following bill:
A bill to be entitled an act for the relief of Burroughs E.
Carr.
Mr. Saxon moved that the petition from Brevard county, ad-
dressed to the Speaker, with accompanying documents, be taken
from the table and referred to the Committee on Elections;
Which was agreed to.
Mr. Haddock moved that Mr. Overstreet be added to the Com-
mittee on Indian Affairs and Public Lands;
Which was agreed to.
Notice was given of intention to introduce the following bills
at some future day, viz:
By Mr. Faulkner:
A bill to be entitled an act to consolidate the offices of Clerk
of the Circuit Court and Judge of Probate in Taylor county.
By Mr. Haddock:
A bill to be entitled an act to amend the 4th section of an act
to raise a revenue for the State of Florida, approved Jan. 16th,
1866; and,
A bill to be entitled an act to amend the laws relative to the
retailing of spirituous, vinous and malt liquors in this State.
By Mr. Cooper:
A bill to be entitled an act for the relief of the city of Jack-
sonville ;
A bill to be entitled an act to extend and define the corporate
limits of the city of Jacksonville;
A bill to be entitled an act to amend an act entitled an act to
amend the acts creating liens in favor of builders, material men,
mechanics, laborers and others, approved February 8, 1861;
A bill to be entitled an act to repeal an act entitled an act to
amend the pleading and practice in the conrts of this State, ap-
proved February 8, 1861 ;
A bill to be entitled an act to change the Eastern and Suwan-
nee Judicial Circuits so as to transfer Duval county to the Su-
wannee Circuit, and Lafayette county to the Middle Circuit;
A bill to be entitled an act to change the times of holding the
courts in the Eastern and Suwannee circuits; and,
A bill to be entitled an act to abolish whipping and pillory as
punishment for crime and substituting fine, or imprisonment, or
hard labor, with or without ball and chain, or hiring, at the dis-
cretion of the court, wherever whipping or pillory occurs in the
statutes of the State, as penalty for crimes, as aforesaid.
By Mr. Westcott:
A bill to be entitled an act in relation to escheats; and,

38

A bill to be entitled an act in relation to the records of the
offices of the Comptroller of Public Accounts and State Treasu-
rer.
By Mr. Howse:
A bill to be entitled an act to amend an act entitled an act in
relation to apprentices, approved January 12, 1866; also
A bill to be entitled an act to amend an act entitled an act to
raise a revenue for the State of Florida, approved Janitary 16,
A. D. 1866.
Without previous notice, Mr. Peeler of Leon, was allowed to
introduce the following bills and resolution, viz:
"A bill to be entitled an act regulating assignments;
"A bill to be entitled an act to regulate the foreclosure of mort-
gages ;
A bill to be entitled an act to extend the provisions of an act
entitled an act in relation to contracts of persons of color, ap-
proved January 12th, 1866 ; also
A resolution for the relief of Joseph Barker;
"Which were placed among the orders of the day.
Notice was given of intention to introduce on some future day
the following bills, viz:
By Mr. Henderson:
A bill to be entitled an act to organize a new county, to be
called Gulf County, to be formed from Hillsborough county.
By Mr. Durham:
A bill to be entitled an act to consolidate the offices of Judge
of Probate and Clerk of the Circuit Court of Calhoun county.
By Mr. Anderson:
A bill to be entitled an act for the relief of John D. Padgett.
By Mr. Stanford:
A bill to be entitled an act to declare Peas Creek a navigable
stream from Charlotte Harbor to Hendry Bridge, near Fort
Meade, and for other purposes.
Mr. Barrett, from 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 the Fernandinaand Sea Beach
Railway Company, have had the same under consideration and
find that all the requisite constitutional requirements have been
complied with, and the bill unexceptionable in its several provis-
ions. They therefore recommend its passage without amend-
ment. Respectfully submitted,
F. C. BARRETT, Ch'n.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Gee from a select committee made tEe following report:
The committee to whom was referred a bill to be entitled an

89

act to remove the county site of Polk County, have fully consid-
ered the same, and recommend its passage.
W. H. GEE, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Collins, from a special committee, made the following
report:
The committee to which was assigned the duty of contracting
for the necessary printing of the House, ask leave to make the
following
REPORT:
That Messrs. Dyke & Sparhawk of Floridian office, and Mr.
J. B. Oliver, of Sentinel office, are the only printers in the city
prepared to do the work required by the House. The latter de-
clines an offer in favor of Senate printing, and the former make
the following proposition, viz:
FLORIDIAN OFFICE,
TALLAIIASSEE, NOV. 16, 1866,
Hon. T. R. COLLINS,
Chairman Committee on Printing :
SIR-We propose to do the Printing for the House on the
same terms for daily slips of proceedings and all miscellaneous
printing, such as bills, reports of committees, &c., as those paid
at the last session-(see House Journal page 11.) For 500 cop-
ies of the Journal in pamphlet form, to be delivered as soon after
the adjournment as possible, 83.50 per page, counting one copy,
instead of $4 as paid at the last session.
Very respectfully,
DYKE & SPARHAWK.
These rates, though less than paid last term by fifty cents on
the page, for journal in pamphlet form, are nevertheless apparently
high, but taking into consideration the depreciated state of the
currency, the high price of labor and materials, and the short and
unpleasant time, (night) in which most of this work has to be
done, we do not consider the price unreasonable, and have there-
fore concluded to make the contract on the terms proposed by
Messrs. Dyke & Sparhawk.
All of which is most respectfully submitted.
T. R. COLLINS, Chairman.
Which was read and adopted.
ORDERS OF THE DAY.
A bill to be entitled an act to incorporate the Fernandina and
Sea Beach Railway Company,
Was read a second time and ordered to be engrossed for a
third reading on to-morrow.

40

A bill to be entitled an act to move the County Site of Polk
county,
Was read second time, rule waived, read third time by its title
and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Anderson, Armistead, Arnau,
Barrett, Bates, Branch, Brock, Brokaw, Browne, Collins, Cooper,
Coulter, Dickison, Durham, Faulkner, Gunn, Haddock, Iankins,
Henderson, Hewett, Hosford, Howse, Johnston of Sumpter, Las-
siter, Langford, McKinnon, McClellan, McMillan, Mizell, Moring,
Neal, Overstreet, Peeler of Jefferson, Richardson, Saxon, Stan-
ford, West, Westcott and Whidden-40.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
On motion of Mr. Barrett, a bill to be entitled an act to incor-
porate the Fernandina and Sea Beach Railway,
Was read third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Anderson, Armistead, Arnau,
Barrett, Bates, Branch, Brock, Brokaw, Browne, Collins, Cooper,
Coulter, Dickison, Durham, Faulkner, Gunn, Haddock, Hankins,
Henderson, Hewctt, Howse, Johnston of Sumter, Lassiter, Lang-
ford, McKinnon, McClellan, McMillan, Mizell, MIoring, Over-
street, Peeler of Jefferson, Richardson, Saxon, Stanford, West
and Whidden-37.
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 regulating Assignments,
Was read first time, rule waived, read second time by its title
and referred to committee on Judiciary.
A bill to be entitled an act to regulate the Foreclosure of Mort-
gages,
Was read first time, rule waived, read second time by its title
and referred to committee on Judiciary.
A resolution for the relief of Joseph Barker,
Was read first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to extend the provisions of an act
entitled an act in relation to contracts of persons of color, ap-
proved January 12th, 1866,
Was read first time, rule waived, read second time by its title
and referred to committee on the Judiciary.
On motion of Mr. Brokaw, the House adjourned until to-mor-
row morning, 10 o'clock.

TUESDAY, November 20, 1866.

The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Anderson, Armistead, Arnau, Barrett,
Bates, Branch, Brock, Brokaw, Browne, Bush, Collins, Cooper,
Dickison, Durham, Faulkner, Gunn, Haddock, Hankius, Hen-
derson, IHeweti, Ilosford, Howse, Johnston of Sumter, Lassiter,
Langford, McKinnon, McClellan, McMillan, Mizell, Moring,
Neal, Overstreet, Peeler of Jefferson, Peeler of Leon, Richardson,
Saxon, Stanford, VanZant, West, Westcott Whidden, Williams,
Wills :and Wright-45.
A qu'orum present.
The hcv. )r. DuBose officiated as Chaplain.
On motion the reading of the journal of yesterday's proceed-
ings was dispensed with, and the journal approved.
On motion, the credentials of Messrs. Humphreys and Oneal
were presented and the members elected duly sworn.
Pursuant to previous notice, the following bills were intro-
duced, viz:
By Mr. Cooper:
A bill to.be entitled an act for the relief of the city of Jack-
sonville ;
A bill to be entitled an act to amend an act entitled an act to
amend the acts creating loans in favor of Builders, Material
Men, Mechanics, Laborers, and others, approved February 8th,
1861;
A bill to be entitled an act to abolish whipping and pillory, as
punishment for( crimes;
A bill to be entitled an act to repeal an act entitled an act to
amend the Pleadings and Practices of this State, approved Feb.
8th, 1861 ;
A bill to be entitled an act to change the Eastern and Suwan-
nee Judicial Circuits so as to transfer the county of Duval to the
Suwannee circuit and Lafayette county to the Middle Circuit.
Which were placed among the orders of the day.
Notice was given of intention to introduce, at some future day,
the following bills, viz:
By Mr. Anderson:
A bill to be entitled an act to amend the several acts in force
in this State in regard to the qualification of grand and petit
jurors.
By Mr. Bates:
A bill to be entitled an act to amend an act entitled an act
6

42

concerning contracts of persons of color, approved January 12,
1866;
A bill to be entitled an act requiring colored persons to regis-
ter their names; and
A bill to be entitled an act to regulate labor on farms.
By Mr. McMillan:
A bill to he entitled an act in relation to evidence.
By Mr. Howse:
A bill to be entitled an act to amend an act entitled an act pre-
scribing additional penalties for the commission of offences against
the State, and for other purposes, approved January 15, 1866.
By Mr. McClellan:
A bill to be entitled an act to consolidate the offices of Sheriff,
Tax-Assessor and Collector of Santa Rosa county.
By Mr. Hosford:
A bill to be entitled an act to annul the County Criminal Court
in Liberty county.
By Mr. Branch:
A bill to be entitled an act relative to the sale of State lands.
Pursuant to previous notice, the following bills were intro-
duced:
By Mr. Howse:
A bill to be entitled an act to amend an act entitled an act in
relation to apprentices.
By Mr. Peeler of Leon:
A bill to be entitled an act to repeal an act to organize a Coun-
ty Criminal Court, approved January 11, 1866; and
A bill to be entitled an act to provide for the revision, colla-
tion and digesting of the whole of the public statute laws of
Florida.
Which were placed among the orders of the day.
The rule being waived, Mr. Cooper introduced the following
bills without previous notice :
A bill to be entitled an act to incorporate a company to be
called the Contractors' Association of the State of Florida; and
A bill to be entitled an act to incorporate a company to be
called the American Industrial Agency.
Which were placed among the orders of the day.
A petition for the relief of the Sheriff of Duval county,
Was read, and, on motion, referred to the Committee on
Propositions and Grievances.
A memorial for the relief of Duff Green,
Was read and passed over informally for the present.

48

The following communication was received:
TALLAHASSEB, NOV. 19, 1866.
Hon. J. J. WILLIAMS,
speaker of the House of Representatives :
8in-The undersigned, Commissioners appointed under and
by virtue of the provisions of A Resolution for the appoint-
ment of Commissioners for the examination of the indebtedness
of the State and for other purposes," have, to the best of their
ability, discharged the duty imposed on them and enclose here-
with "A bill to be entitled An Act to provide a revenue system
for this State." The bill does not propose to repeal all former
laws on the subject of taxation and revenue, but condenses into
one act most of the previous legislation on the subject that has
been found to operate well, with such new provisions and amend-
ments as the Commission have thought necessary or proper. The
Commission have not been able, under existing circumstances,
to prepare a system perfect in every detail.
They have labored to present such a Bill as will obviate some
of the most palpable defects of our present system of taxation
and to present our revenue laws in a connected form.
You will also find enclosed a statement of the "legal and
equitable indebtedness of the State," prepared under the pro-
visions of the said resolution.
There appears on the books of the Comptroller's office an in-
debtedness of over seventy thousand dollars due by accounting
officers for revenue anterior to the present year.
The Commission has had presented to them a claim by the
county of Gadsden, arising from a loan made to that county by
the State. We herewith enclose the papers submitted in con-
nection with the same, and invite thereto the attention of the
General Assembly.

JOHN BEARD,
J. B. GALBRAITII,
J. D. WESTCOTT, Ja.,

( Commissioners.

The recognized and acknowledged indebtedness of the State
consists in its Warrant and Bonded debt.
We find the !Bonded debt of the State to be-
For Principal, $370,617 00
Thus-
Amt. Bonds sold School and Seminary Funds
in 1858, $59,000 00
Internal Improvement, 34,000 00
By Gov. Broome, 50,000 00
By Gov. Perry, 58,000 00
By Gov. Milton, 5,000 00
Bonds issued for Indian War Claims, 4,125 00
Bonds issued to School Fund, 99,500 00
Bonds issued to Seminary Fund, 60,992 00- $370,617 00

We find Interest due on the fort*gant Bt"n
a follows, $100,485 89
lateWet due School Fund, $7,044 06
Interest due Seminary Fund, 18,441 83
aIterest due other parties on Bonds we esti-
mate at, 45000 00- $100,485 89
"The total Bonded Debt, Principal and Interest,
is, therefore, 471,102 89
'We have not bden able to ascertain the precise amount of the
Warrant D)ebt. It can be safely estimated, ho wever, as follows:
"Warrant Debt on acc,t Indian War Claims, $20,000 00
Warrant Debt on acc't Warrants issued under
the several heads of expenditure, anterior
to the reorganization of the Government,
for which the State is liable, 1 .000 00- $32,000 00
"lS this must be added the Warrant Debt incur-
red by the State since the war, amount-
ing to $127,821 28
The expenses of the Convention of 1865, paya-
ble, under Ordinance, upon Certificates
issued by the Provisional Governor,
amount to $7,938 70
The total indebtedness is, therefore-
Bonded debt and interest, $471,102 89
Warrant debt and amount due on account of
Convention of 1865, 167,759 98
Total debt, $638,862 87

To Messrs. JoIH BBABD, J. B. GALBRnATH and JAs. D. WEST-
Cor, Esqrs.:
Gentlemen:-The Board of County Commissioners for the
county of Gadsden, understanding that you have been constitu-
ted a commission under a resolution of the last session of the
General Assembly, to "ascertain the entire legal and equitable
indebtedness of the State," take this method of bringing to your
consideration, a demand, which they respectfully submit is justly
and equitably due to the said county. The circumstances under
which this demand has arisen are as follows:
At the fifth session of the General Assembly videe pamphlet
laws, page 166,) an act was passed authorizing and requiring
"the officer having the control and management of the school
funds, upon the application of the Board of County Commission-
ers for the county of Gadsden, to advance to the said county the
sum of eight thousand dollars as a loan from the said funds, and
to be appropriated exclusively to the re-erection of the court-
house in said county, recently destroyed by fire; the said loan to
bear an annual interest of eight per centum."
The second section of the said act provides, "That to insure

the faithful reimbursement of the said loan, an assessment of thirty
per centum on the State tax be annually levied upon the citizens
of the said county of Gadsden, until the said loan and the inter-
est accruing thereon shall have been fully paid off and satisfied;
which assessment shall be collected by the Tax Collector, and by
him paid to the said officer so having the control and manage-
ment of the school fund for the time being; that it shall be the
duty of the said Tax Collector, tpon making said payments from
year to year, to take duplicate receipts for the same, and to file
one of said receipts in the office of the Board of County Commis-
sioners for said county."
The third section provides, That the members constituting
the Board of County Commissioners at the date of said loan, shall
be held personally responsible to the county of Gadsden for the
faithful appropriation of the said funds to the object above indica-
ted."
Under the provisions of this act, the loan of eight thousand
dollars was consummated on the first day of January, A.D. 1851,
and the amount faithfully appropriated to the erection of a sub-
stantial and commodious brick edifice, with two large fire-proof
vaults; the whole costing, the county of Gadsden over ten thou-
sand dollars.
The Board would further represent, that the said tax of thirty
per centum on the State tax was regularly assessed and collected
from the citizens of Gadsden county, from the year 1851 to the
year 1859, both inclusive, making a period of nine years, and that
the aggregate of the amounts so collected, exceeds the amount
of the said loan, including the interest thereon, by about seven
thousand dollars, as will more fully appear by reference to the
accompanying statement, and for which amount they respectful-
ly submit, that the county of Gadsden has a just and equitable
demand against the State, as for money had and received to its
use."
The ground of this claim is to be found in the provision con-
tained in the second section of the act by which the Legislature
tookthe e.lusive controlof the securityprovided for the reimburse-
ment of the loan, and the officers of the county were excluded
fiom any control whatsoever over the matter. The amount of
the annual tax was definitely and specifically fixed bythe terms of
the act, the collection thereof was directed to be made by the
officer of lhe State, and the payment to be made directly to the
officer having charge of the fund from which the loan was made,
and that too without any accountability to the Board of County
Commissioners of the county. It will thus be seen' that the
county officers had no right or authority to control this matter;
and if any error has been committed in the application of the
credits justly due; or if any default has been made in the pay-
ment into the State Treasury of the amount of the tax so annu-

40

ally collected from the citizens of the county, they are not res-
ponsible for the same, but, according to the clearest principles
both of law and equity, the loss, if any, must be borne by the par-
ty (the State) whose agent may thus have committed the error
or default.
The attention of the commission is most respectfully called to
the significant fact, that notwithstanding the large excess of mon-
ey, which has been collected from the citizens of Gadsden coun-
ty, to reimburse this loan, there still stands charged against the
county (as is shown by the last Treasury Report") a balance of
$ Upon what principle of calculation this balance is sought
to be claimed, we are unadvised. But if it be sought to make
the county responsible for any default of the Tax Collector, then
we respectfully protest, as before indicated, that the same can-
not be done upon any recognized principle of either law or equi-
ty. The Tax Collector is a State" and not a county" officer;
and as such he is the agent" of the State, and the State is res-
ponsible for his acts, performed within the line of his official du-
ties. In order to indemnity herself against any possible default
of this officer, the State takes a bond and security, and can al-
ways protect herself against any loss. If the State omits or neg-
lects to make this security available, it is her own fault, and she
alone must suffer the loss, if any.
The Board beg leave to be permitted, respectfully to disclaim
for themselves and their predecessors, any responsibility for the
apparent looseness which has attended the management of this
affair. If their frequent applications for a correct statement of
the account had been properly responded to by the Treasury De-
partment, the over-payments, which constitute the ground of the
claim now presented, might never have occurred ; for by refer-
ence to the statement herewith filed, it will be seen that the tax
of 1856 was more than sufficient to pay off the balance then due
for principal and interest. In this connection, it is proper to
note, that the act under which the loan was made was to contin-
ue in force "until the said loan of eight thousand'dollars, and the
interest accruing thereon, shall have been fully reimbursed, and
paid off, and no longer." Now it was the exclusive province of
the State Treasury Department, to determine this fact of "re-
imbursement," and thenceforth to have directed that any fur-
ther assessment of the thirty per cent" be discontinued. It
"was a matter over which the Board of County Commissioners
could exercise no control, and they must be held to be absolved
from any blame, for the illegal and improper collection of the as-
sessments for the years 1857-8 and 1859. But be that as it may,
there is one fact patent to all-the amount of these assessments
have been demanded and received by an officer of the State,
"while-acting within the line of his official duty, and unless the

47

State is justly entitled to the amount, it ought in equity and
good faith to be returned to the treasury of the county.
The Board respectfully submit for your consideration the
foregoing views, and if you shall concur with them in the just-
ness of the claim herein made, they ask that the same may be
embraced in your report to be made to the General Assembly,
and be recommended for proper adjustment.
All of which is respectfully submitted.
E. C. LOVE,
Pres. Board of C. C. of Gadsden County.

A STATEMENT showing the amount of assessments for the "State
Tax," in the county of Gadsden, from the year 1851 to the
year 1859, both inclusive; and also the amount of the assess-
ments of the "thirty per centum," for the reimbursements of
the Court House Loan.

STATE TAX. 30 PER CENT.

For the year 1851,....................... $6,069 74 $1,820 92
*For the year 1852, ..................... 6,069 74 1,820 92
For the year 1853, ...................... 5,903 19 1,770 95
For the year 1854,..................... 6,164 43 1,849 32
For the year 1855 ...................... 6,142 84 1-842 85
For the year 1856....................... 7,279 23 2,183 76
For the year 1857 ...................... 6,946 52 2,083 95
For the year 1858 ....................... 6,164 84 1,849 45
For the year 1859 ...................... 7,902 37 2,370 71
*N. B. The Tax Book for this year could not be found, and the amount is assumed te
be the same as'for the previous year.

48

A STATEMENT AND CALCULATION showing the amount qf credits
justly allowable to the county of Gadsden for reimbursement
of the Court House Loan, and also the amount due to her for
over-payments.

Am't of original loan,

Cr.-By can't of tax for 1851,
Bal. due July 20, 1852,

Cr.-By am't of tax for 1852,
Bal. due July 20, 1853,

Cr.-By am't of tax for 1853,
Bal. due July 20, 1854,

Cr.-By am't of tax for 1854,
Bal. due July 20, 1855,

Cr.-By tax for 1855,
Bal. due July 20, 1866,

Cr.-By tax for 1856,
Excess or
Add tax for 1857,
Add tax for 1858,
Add tax for 1859,
Over-payment,

$8,000
8
6400
8,000 00
8,640 00
1,820 92
$6,819 OS
8
545 52 64
6,819 08
7,364 60
1,820 92
$5,543 68
8
443 49 44
5,543 68
5,987 17
1,770 95
$4,216 22
8
337 29 76
4,216 22
4,553 51
1,849 32
$2,704 19
8
216 33 52
2,704 19
2,920 52
1,842 85
$1.077 67
8
86 21 36
1,077 67
1,163 88
2,183 76
1,019 88
2,083 95
1,849 45
2,370 71
$7,33 99

Interest from July 20, 1851.*

Prin'l and int. duo July 20, 1852.

Prin'l and int. due July 20, 1853.

Prin'l and int. due July 20, 1854.

Prin'l and int. due July 20, 1855.

Prin'l and int. due July 20, 1856.

Prin'l and int. due July 20, 1857.

Over-payment July 20, 1857.

Due Gadsden county July 20, '80.

*N. B. The interest from January 1, to July 20, 1851, was paid in cash by the county.

49

7YTe county of Gadsden in Accomnt with the School Atnd :
DR.
1851. Principal. Interet
Jan'y 24.-To cash lent at 8 per cent per annum, $8,000 00
July 20.-To Interest, $ 320 00
8,000 00 320 00
1852.
May 8.-To balance principal, 8,000 00
To interest, 512 00

8,000 00 512 00
To balance principal, 7,512 00
Nov. 22.-To interest, 323 86

7,512 00 323 86
To balance principal, 6,191 86
Dec'r 4.-To interest, 16 52

6,191 86 16 52
To balance principal, 5,763 38
May 25.-To interest, 1,083 50

5,763 38 1,083 50
May 25.-To balance, 5,763 88
To interest, 57 63

5,763 38 57 63
May 25.-To balance principal, 5,763 88

5,763 38
1856. To balance principal. 5,213 17
July 23.-To interest, 486 55

5,213 17 486 55
1857. To balance principal, 4,008 29
Jan'y 15.-To interest, 152 29

4,008 29 152 29
To balance principal, 8,598 58
Feb. 26.-To interest, 32 79

8,598 58 32 79
1857. To balance principal, tfrward, 2,779 84
Feb. 20,'58.-To interest, 222 88

$2,779 84 $222 38
CR.
1851. Principal Interest.
July 20.-By cash interest, $ 320 00
By balance principal, $8,000 00

8,00000 320 00

1852.
May 8.-By cash principal, 488 00 512 00
By balance principal, 7,512 00
8,00000 512 00
Nov. 22.-By cash principal, 1,320 14 323 86
By balance principal, 6,191 86
7,512 86 828 86
Dec'r 4.-By cash principal, 428 48 16 53
By balance principal, 5,763 38
6,191 86 16 52
Ap'l 10.-By cash interest, 916 86
May 25.-By cash interest, 166 64
By balance principal, 5,788 38 1,083 50
"By cash interest, 57 63
By balance principal., 8,763 38
1855. 5,763 38 57.6B
May 25.-By cash principal, 550 21
By balance principal, 5,213 17
1856. 5,768 88
July 98.-By cash, 1,204 88 486 55
4,008 29

1857. 5,213 17 486 55
Jan. 15.-By cash, 409 71 152 29
By balance principal, 8,598 58
4,008 29 152 29
Feb'y26.-By cash, 818 74 32 70
By balance principal over, 2,779 84
1858. 8,598 58 82 79
Feb'y 20.-By cash 708 47 222 88
By balance principal, 2,071 87
$8,779 84 222 88

Which was read and the report of the commission concurred
in.
The rule being waived, -hM. Westcott. moved that the report
and the statement of the indebtedness of the State be printed for
the use of the House; that the papers connected with the claim
of Gadsden county be referred to the Committee on Claims;
and that so much of the statement of the public debt as relates
to the School and Seminary funds be referred to the Committee
on Schools and Colleges;
Which was agreed to.

51

The following memorial was read and ordered to be spread
upon the journal:
Memorial to Congress for the establishment of a new Mail
Route in the State of Florida.
The Senate and House of Representatives of the State of Flo-
rida in General Assembly convened, Respectfully memorialie'
the Congress of the United States to pass a law to establish a
new Mail Route from Eucheeanna, Florida, to Free Port,
Florida.
Mr. Armistead offered the following preamble and resolution:
WHEREAS, since the last session of this General Assembly, it
has pleased Almighty God to remove by death an able, ener-
getic and efficient member of this House, in the person of the
Honorable HENRY J. ROBINSON, Representative from Jackson
county; therefore,
Be it resolved, That, by the death of the Hon. Henry J. Rob-
inson, the members of this House have lost a worthy and agree-
ble companion, and the State an able and energetic public servant
and citizen.
Be itfurther resolved, That this House truly condoles with
the bereaved family of the deceased, and instructs the Chief
Clerk to forward to said family a copy of these resolutions.
Which were read and adopted.
Mr. Collins, from a special committee, made the following re-
port:
The committee appointed on the part of the House to wait
upon the Hons. Messrs. Marvin, Call and McLeod and solicit
them, at their earliest convenience, to address the General As-
sembly, beg leave to make the following
REPORT:
That the Hons. Senators Marvin and Call have accepted with
much pleasure the invitation on the part of the House, to address
the General Assembly, and propose Friday, 23d inst., at 3 o'clock,
P. M., as best suiting their convenience to do so.
Col. McLeod not being in the city, we have been unable to
communicate with him.
All of which is most respectfully submitted,
T. R. COLLINS, Chairman.
Which was read, and, on motion of Mr..Barrett, Messrs. Col-
lins, Haddock and Browne were appointed a committee to make.
the necessary arrangements: and introduce the Hon. Senators
Marvin and Call on that occasion.
ORDERS,OF THE DAY.
A resolution for the relief of Joseph Barker,
Was read a second time and on motion referred to Committee
on Public Lands.

A bill to be entitled an act to provide for the revision, colla-
tion and digestion of the whole of the public statute law ol
Florida,
Was read first time, rule waived, read second time by its titli
and referred to Judiciary Committee.
A bill to be entitled an act to repeal an act to organize the
County Criminal Court, approved January 11, 1868,
"Was read first time, rule waived, read second time by its title
and referred to Judiciary Committee.
A bill to be entitled an act to change the Eastern and Suwan-
nee judicial circuits, so as to transfer Duval county to the Su-
wannee Circuit and Lafayette county to the Middle circuit,
Was read first time, rule waived, read second time by its title
and referred to Judiciary Committee.
A bill to be entitled an act for the relief ofthe city of Jackson-
ville,
Was read first time, rule waived, read second time by its title
and referred to Committee on Corporations.
A bill to be entitled an act to amend an act entitled an'act te
amend the acts creating liens in favor of Builders, Material Men,
Mechanics, Laborers and others, approved February 8th, 1861,
Was read first time, rule waived, read second time by its title
and referred to the Committee on the Judiciary.
A bill to be entitled an act to abolish Whipping and Pillory
as punishment for crime,
Was read first time, rule waived, read second time by its title
and referred to the Committee on Judiciary.
A bill to be entitled an act to repeal an act entitled an act to
amend the Pleadings and Practice of this State, approved Feb.
8th, 1861,
Was read first time, rule waived, read second time by its title
and referred to Committee on the Judiciary.
A bill to be entitled an act to amend an act in relation to Ap-
prentices,
Was read the first time, rule waived, read second time by iti
title and referred to the Judiciary Committee.
A bill to be entitled an act to incorporate a company to be
called the American Industrial Agency,
Was read first time, rule waived, read second time by its title
and on motion of Mr. Henderson, was laid on the table.
A bill to be entitled an act to incorporate a company to be
called the Contractor's Association of the State of Florida,
Was read first time, rule waived, read second time by its title
and on motion of Mr. Henderson, laid on the table.
The rule being waived, Mr. Peeler of Leon, was allowed to
introduce the following bill:
A bill to be entitled an act in relation to the fees to be charged,

53

received and collected by officers of the State, whose fees are preo
scribed by law;
Which was read first time, rule waived, read second time by
its title and referred to the Committee on the Judiciary.
Also the following resolution:
Resolved, That the Senate concurring, the Judiciary Commit-
tee of the House act with the Judiciary Committee of the Senate,
constituting a joint committee in considering and reporting upon
all papers referred to the respective Committees by the House
and Senate, and that the chairman of each committee sign all re-
ports made by said committees, returning the bill to the body
from whence it came.
Which was adopted.
The rule being waived, Mr. Stanford was allowed to introduce
a memorial from the citizens of Polk county, relative to a Stay
Law ;
Which was read and on motion, referred to Committee on
Propositions and Grievances.
On motion of Mr. Arnau, the House adjourned until to-morrow
morning 10 o'clock.

-0-----

WEDNESDAY, November 21, 1866.

The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Anderson, Armistead, Arnau, Barrett,
Bates, Branch, Brock, Brokaw, Browne, Bush, Collins, Cooper,
Coulter, Dickison, Durham, Faulkner, Gee, Gunn, Haddock, Hall,
Hankins, Henderson, Hendricks, Hewett, Hosford, Howse,
Humphries, Johnston of Sumter, Lassiter, Langford, Manning,
McKinnon, McClellan, McMillan, Mizell, Moring, Moseley, Neal,
Oneal, Overstreet, Peeler of Jefferson, Peeler of Leon, Richard-
son, Saxon, Stanford, Teasdale, VanZant, West, Whidden, Wil-
liams and Wills-51.
A quorum present.
The Rev. Dr. DuBose officiated as chaplain.
On motion the reading of the journal of yesterday's proceed-
ings was dispensed with and the journal approved.

54

Mr;.C6IIins moved that 150 daily slips of the proceedings of
of the House be ordered to be printed instead of 100;
"Which was not agreed to.
Mr. Cooper moved a reconsideration of the vote;
Which was agreed to, and Mr. Collin's motion was again put
and agreed to.
Notice was given of intention to introduce, at some future day,
the following bills, viz:
By Mr. Lassiter:
A.bill to be entitled an act to annul and abolish the County
Criminal Court, approved January 11, 1866, so far as has refer-
ence to the County of Suwannee.
By Mr. Moseley:
A bill to be entitled an act to amend an act entitled an act to
prevent non-residents from hunting, either with or without dogs,
guns or other fire arms, in this State.
By Mr. Bush:
A bill to be entitled an act to abolish the County Criminal
Court in Hamilton County, and for other purposes.
By Mr. Cooper:
A.bill to be entitled an act granting general amnesty to all
persons charged with crime committed during the late war;
Albill to be entitled an act to amend the Attachment Laws of
this- State ;
A bill to be entitled an act to amend an act entitled an act to
raise a revenue for the State of Florida, approved January 16th,
1866 ; also,
A bill to be entitled an act requiring all judgments obtained
in Magistrate's Courts to be made matter of record in the Clerk's
office of the Circuit Court of the county in which such judgment
may be obtained.
By Mr..VanZant:
A bill to be entitled an act to legitimate and change the names
ofcertain-persons therein named.
Pursuant to previous notice, the following resolution and bills
were introduced:
By Mr. Peeler:
A resolution requesting his Excellency, the Governor of this
State, and our delegation to the United States Congress to use
their influence with the authorities at Washington to have re-
leased from confinement at Fort Jefferson, on the Florida coast,
all persons suffering an illegal imprisonment, and especially to
bring to the attention of his Excellency Andrew Johnson, Presi-
dent of the United States, the case of George St. Leger Grenfell,
now held under sentence of close confinement for life, by a mili-
tary commission.
By Mr. Bates:

55

A bill to be entitled an act to amend an act entitled an act in
relation to contracts of persons of color ; also,
A bill to be entitled an act to regulate labor.
By Mr. McMillan:
A bill to be entitled an act relative to evidence.
By Mr. Howse:
A bill to be entitled an act to amend an act entitled an act to
raise a revenue for the State of Florida, approved January 16th,
1866.
By Mr. Stanford:
A'bill to be entitled an act authorizing certain persons therein
named, to clear out Peas Creek and for other purposes.
By Mr. McClellan:
A bill to be entitled an act to consolidate the offices of Sheriff,
Tax-Assessor and Collector of Santa Rosa county.
Which were placed among the orders of the day.
The rule being waived, on motion, Mr. Brokaw was, excused
from further attendance on the House during the morning.
The rule being waived, Mr. Mizell presented a memorial from
the citizens of Orange and Brevard counties;
Which was read, and on motion, referred to the Committee
on Propositions and Grievances.
Mr. Haddock presented a memorial from Charles Broward
and others, executors of the estate of John Broward, deceased;
Which was read and referred to the Committee on Proposi-
tions and Grievances.
Also a memorial from certain citizens against a proposed ex-
tension of the corporate limits of the city of Jacksonville;
Which was read and referred to the Committee on Corpora-
tions.
The rule being waived, the following bills were introduced
without previous notice:
By Mr. Mizell:
A bill to be entitled an act to authorize the County Commis-
sioners of Orange county to issue bonds for the purpose therein
mentioned.
By Mr. Hall:
A bill to be entitled an act making lawful certain conveyances
of real estate by Patience E. Smith, administratrix of. Joel
Smith, deceased.
By Mr. Haddock:
A bill to be entitled an act for the relief of the estate of John
Broward, deceased.
By Mr. Westcott:
A bill to be entitled an act to provide a revenue system for
this State. -
By Mr. VanZant:

56

A bill to be entitled an act to repeal an act entitled an act to
establish and organize a county criminal court.
Which were placed among the orders of the day.
Mr. Cooper presented the following resolution :
A resolution requesting Hons. W. Call and Wm. Marvin,
Senators, and Hon. F. McLeod, Representative, to resign their
commissions, and to postpone indefinitely the election of a U. S.
Senator to succeed Hon. Wm. Marvin;
Which was received and placed among the orders of the day.
Mr. Peeler of Leon, from the Committee on the Judiciary,
made the following report :
The Judiciary Committee, to whom was referred a bill to be
entitled an act in relation to the fees to be charged and collected
by public officers of the State, whose fees are prescribed by law.
beg leave to
REPORT:

That they have had the same under consideration; that tht
reason which existed during the late war, justifying the increase(
of the fees of some of the aforesaid officers, to-wit: the depre
citation of the currency, being in whole or in part remedied, the
increased pay of such officers should be reduced to the old tariff
Your committee are clearly of the opinion that no officer has ,
right to charge for constructive service, nor to charge or receive(
pay more than once for the same service. If an officer of this
State wilfully charges a fee larger or greater than the laws allow
he is guilty of a gross misdemeanor, and should be severely deal
with, in addition to the penalties already prescribed by law
Your committee are of the opinion that any officer so offending
should be further disqualified from holding any office of honor
trust or profit under the State for at least five years after bein
convicted of so offending. Your committee, therefore, recom
mend that the third section of said bill be so amended as to reach
thus:
SEC. 3. Be it further enacted, That any officer of this Stati
wilfully charging, receiving or collecting any larger or great:
fees than he is entitled to charge, receive or collect by law, shal
be guilty of a misdemeanor, and, on conviction, shall be fined ii
a sum of not less than twenty dollars nor more than five hundre(
dollars, and shall be further disqualified from holding any office,
of honor, trust or profit under the State of Florida for five year
from the date of such conviction.
And that, with this amendment, the said bill do pass.
A. J. PEELER, Chm'n pro ter.
Which was read, and the amendment proposed by the con
mittee concurred in, and the bill placed among the orders of th,
day.

57

ORDERS OF THE DAY.

A bill to be entitled an act in relation to the fees to be charged
received and collected by officers of the State whose fees are
prescribed by law,
Was read the second time and ordered to be engrossed, as
amended, for a third reading on to-morrow.
A bill to be entitled an act to provide a revenue system for
this State,
Was read the first time.
The rule being waived, Mr. Williams moved that two hundred
copies be printed for the use of tlb House;
Upon which the yeas and nays were called for by Messrs.
Williams and Henderson and were:
Yeas-Mr. Speaker, Messrs. Brokaw, Browne, Collins, Faulk-
ner, Gunn, Humphries, Manning, McKinnon, Oneal, Peeler of
Jefferson, Peeler of Leon, VanZant and Westcott-14.
Nays-Messrs. Anderson, Armistead, Barrett, Branch, Brock,
Cooper, Coulter, Dickison, Durham, Gee, Haddock, HankinR,
Henderson, Hendricks, Hewett, Howse, Johnston of Sumter,
Lassiter, Langford, McClellan, McMillan, Mizell, Moring, Mose-
ley, Neal, Overstreet, Richardson, Stanford, Teasdale, Whidden
and Williams-31.
So the motion was lost.
The rule being waived, Mr. Peeler of Leon moved that-one
hundred copies of the bill just read be printed for the use of the
House;
Upon which the yeas and nays were called for by Messrs.
Williams and Henderson, and were:
Yeas-Mr. Speaker, Messrs. Anderson, Barrett, Bates, Branch,
Brock, Brokaw, Browne, Collins, Cooper, Coulter, Dickison,
Durham, Faulkner, Gee, Gunn, Haddock, Hankins, Hewett,
Hosford, Humphries, Langford, Manning, McKinnon, McClellan,
McMillan, Moring, Moseley, Oneal, Overstreet, Peeler of Jeffer-
son, Peeler of Leon, Richardson, Stanford, Teasdale, VanZant,
Westcott and Whidden-38.
Nays-Messrs. Armistead, Hendricks, Johnston of Sumter,
Lassiter, Mizell, Neal and Williams-7.
So the motion was agreed to, and the bill referred to the Com-
mittee on Taxation and Revenue.
A bill to be entitled an act to authorize the County Commis-
sioners of Orange county to issue bonds for the purposes therein
mentioned,
Was read the first time, rule waived, read a second time by its
title, and ordered to be engrossed for a third reading on to-
morrow.
8

58

A bill to be entitled an act to repeal an act entitled an act to
establish and organize a County Criminal Court,
"Was read the first time, rule waived, read a second time, and
on motion, referred to the Committee on the Judiciary.
A resolution requesting his Excellency, the Governor of this
State, and our delegation to the United States Congress to use
their influence with the authorities at Washington to have re-
leased from confinement at Fort Jefferson, on the Florida coast,
all persons suffering an illegal imprisonment, and especially to
bring to the attention of his Excellency, Andrew Johnson, Presi-
dent of the United States, tlhepase of George St. Leger Grenfell,
now held under sentence of close confinement for life by a mili-
tary commission,
Was read first time, rule waived, read second time by its title
and on motion, referred to a select committee of three consisting
of Messrs. Peeler of Leon, Dickison and Oneal.
A bill to be entitled an act authorizing certain persons therein
named to clear out Peas Creek, and for other purposes,
Was read first time, rule waived, read second time by its title
and referred to the Committee on Commerce and Navigation.
A bill to be entitled an act to amend an act in relation to con-
tracts of persons of color,
Was read first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act making lawful certain conveyances
of real estate by Patience E. Smith, administratrix of Joel Smith,
deceased,
Was read first time, rule waived, read second time by its title
and on motion, referred to the Judiciary Committee.
The rule being waived, Mr. Stanford was allowed to introduce
without giving previous notice, the following bill:
A bill to be entitled an act relative to the County Officers of
Polk county;
Which was placed among the orders of the day.
The rule being waived, Mr. Bates was allowed to introduce
the following resolution:
A resolution fixing the meaning of the proviso in the act passed
at the last session of the General Assembly for the removal of
the Seminary east of the Suwannee river, from Ocala to Gaines-
ville;
Which was placed among the orders of the day.
A bill to be entitled an act to regulate labor,
Was read first time, rule waived, read second time by its title
and referred to Committee on Agriculture.
A bill to be entitled an act relative to the County Officers of
Polk County,
Was read first time, rule waived, read second time by its title
and referred to the Committee on Propositions and Grievances.

59

A bill to be entitled an act for the relief of the estate of John
Broward,
"Was read first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to consolidate the offices of Sheriff,
Tax Assessor and Collector of Santa Rosa County,
Was read first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act relative to Evidence,
Was read first time, rule waived, read second time by its title
and referred to the Judiciary Committee.
A resolution fixing the meaning of the proviso in the act passed
at the last session of the General Assembly for the removal of
the Seminary East of the Suwannee river, from Ocala to Gaines-
ville,
Was read first time, rule waived, read second time by its title
and referred to the Judiciary Committee.
A bill to be entitled an act to amend an act entitled an act to
raise a revenue for the State of Florida, approved January 16th,
1866,
Was read first time, rule waived, read second time by its title
and referred to the Committee on Taxation and Revenue.
The rule being waived, Mr. Peeler of Leon was allowed to in-
troduce without previous notice, the following bill:
A bill to be entitled an act to provide for Conservators of the
Peace in the several counties in this State, and for other pur-
poses ;
Which was placed among the orders of the day.
A bill to be entitled an act to provide for Conservators of the
Peace in the several counties in this State, and for other purpo-
ses,
Was read the first time, rule waived, read a second time by
its title, and referred to the Judiciary Committee.
The following message was received from the Senate:
SENATE CHAMBER,
November 21, 1866. "
lion. J. J. WVIIAAMs,
Speaker House Representatives:
Smi-I am directed by the Senate to transmit the enclosed
communication from his Excellency the Governor, and inform
the House that the Senate has advised and consented to the
nominations therein made.
Very respectfully,
F. L. VILLEPIGUE,
Secretary of Senate.

60

EXECUTIVE DEPARTMENT,
November 21, 1866.
Gentlemen of the General Assembly:
I respectfully make the following nominations for Auctioneers:
For Monroe county-Richard M. Kemp and Daniel Davis.
For Alachua county-James B. Brown.
Please certify the action of the Senate to the House of Repre-
iwltatives.
Respectfully, your ob't serv't,
D. S. WALKER, Gov.

Which was read, and the nominations therein contained ad-
vised and consented to.
Also the following:
SENATE CHAMBER,
November 21, 1866.
Ion. J. J. WILLIAMS,
Speaker House Representatives:
SIR-The Senate has this day passed the following resolution,
viz:
Resolution for the relief of Wiley Whitten and others.
Very respectfully,
F. L. VILLEPIGUE,
Secretary of Senate.
Which was read, and the accompanying resolution placed
among the orders of the day.
The rule being waived, Mr. Barrett moved that Mr. Hum-
phries be added to the Committee on the State of the Common-
wealth ;
Which was agreed to.
The rule being waived, Mr. Peeler of Leon moved that Mr.
Westcott be added to the Committee on the Judiciary;
Which was agreed to.
The rule being waived, Mr. Westcott moved that the Com-
mittee on Federal Relations be discharged from the further con-
sideration of the resolution requesting Hons. W. Call and Wm.
Marvin, Senators, and Hon. F. McLeod, Representative, to re-
sign their commissions and to postpone indefinitely the election
of a U. S. Senator to succeed Hon. Wm. Marvin, and that the
same be referred to the Committtee on the State of the Com-
monwealth;
Which was agreed to.
Senate'resolution for the relief of Wiley Whitten and others,
Was read the first time and ordered for a second reading on
to-morrow.
On motion of Mr. Gunn, the House adjourned until 10 o'clock,
to-morrow morning.

S61

THURSDAY, November 22, 1866.

The House met pursuant to adjournment.
A quorum present.
The Rev. Dr. DuBose officiated as Chaplain.
On motion, the reading of the journal of yesterday's proceed-
ings was dispensed with, and the journal approved.
The rule being waived, the following bills were introduced
without previous notice:
By Mr. Anderson:
A bill to be entitled an act to repeal an act entitled an act to
make dogs taxable property, and for other purposes.
By Mr. Coulter:
A bill to be entitled an act providing for the sale of the public
lands of this State.
Which were placed among the orders of the day.
Notice was given of intention to introduce the following bill
on some future day:
By Mr. Howse:
A bill to be entitled an act to amend an act entitled an act to
provide for the incorporation of towns and cities in this'State,
approved January 16, 1866.
The rule being waived, the following bills were introduced
without giving previous notice :
By Mr. Haddock:
A bill to be entitled an act to amend the fifth section of an
act to raise a revenue for the State of Florida, approved January
16, 1866.
By Mr. Humphreys ;
A bill to be entitled an act to incorporate the Telegraph Com-
pany of Pensacola.
Which were placed among the orders of the day.
Mr. Peeler of Leon, from' the Committee on the Judiciary,
made the following report:
The Judiciary Committee, to whom was referred a bill to be
entitled an act to amend an act entitled an act in relation to ap-
prentices, approved Jauuary 12th, 1866, beg leave to report that
they have had the same under consideration and recommend its
passage.
^ 'A. J. PEELER, Chairman pro tem.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Judiciary Committee, to whom was referred a bill to be
Entitled an act to extend the provisions of an act entitled an act
in relation to contracts of persons of color, to all persons without

62

discrimination of color, approved January 12, 1866, beg leave to
report, that they have had the same under consideration and re-
commend its passage.
A. J. PEELER, Chairman pro tern.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Judiciary Committee to whom was referred a bill to be
entitled an act regulating Assignments, beg leave to report that
they have had the same under consideration, and recommend its
passage. A. J. PEELER, Chairman.
"Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Judiciary Committee having had the following bills under
consideration, do report, That a bill to be entitled an act to
change the Eastern and Suwannee Judicial Circuits so as to trans-
fer Duval county to the Suwannee Circuit, and Lafayette county
to the Middle Circuit, is a legitimate subject of legislation, the
only question being one of the expediency of the change and the
equal distribution of the judicial labor among the various judges
of the circuits of the State. The county of Lafayette being one
difficult of access, would be a heavy tax on the time of the Judge
of the Middle Circuit, already pressed now with business, more
than perhaps any other circuit in the State, except the Westera
Circuit, while the labors of the court in the Suwannee Circuit,
already less than that of any other Judge in the State, would be
still further lessened. They therefore, respectfully recommend
that the said bill do not pass.
Also, a resolution fixing the meaning of the proviso in the act
passed at the last session of the General Assembly, for the remo-
val of the Seminary East of the Suwannee from Ocala to Gaines-
ville. The construction of acts and resolutions of the General
Assembly being peculiarly and exclusively the province of the
Courts of the State and not the subject of Legislation, the com-
mittee do recommend that the said resolution do not pass.
A. J. PEELER, Chairman.
Which was read and the bill and resolution placed among the
orders of the day.
Mr. Cooper, from the Committee on Propositions and Grievan-
ces, made the following report:
The Committee on Propositions and Grievances to whom was
referred the petition of certain citizens of Polk county, in rela-
tion to the enactment of a Stay law to continue for twelve months,
have had the same under consideration, and report that they res-
pectfully recommend that the prayer of said petitioners be re-
fused.
C. P. COOPER, Chairman.

63

Which was read and the accompanying bill placed among the
orders of the day.
Mr. Teasdale, from the Committee on Engrossed Bills, made
the following report:
The Committee on Engrossed Bills report the following bills
as being correctly engrossed, viz:
A bill to be entitled an act in relation to the fees to be charged,
received and collected by officers of the State, whose fees are
prescribed by law;
A bill to be entitled an act to authorize the County Commis-
sioners of Orange County to issue bonds for the purpose therein
mentioned. Very respectfully,
H. R. TEASDALE, Chairman.
Which was read and the accompanying bills placed among the
orders of the day.
Mr. Gee from a select committee made the following report:
Your committee to whom was referred a bill entitled an act to
amend an act entitled an act to raise a revenue for the State of
Florida have fully examined the same and find that the bill re-
ferred to them as reported by the commission covers the whole
matter, and therefore beg to be excused from the further consid-
eration of the same. W. H. GEE, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
The rule being waived, the following bills were introduced
pursuant to previous notice, viz:
By Mr. Arnau :
A bill to be entitled an act for the relief of Burroughs E. Carr.
By Mr. Cooper:
A bill to be entitled an act to extend and define the corporate
limits of the city of Jacksonville.
By Mr. VanZant:
A bill to be entitled an act to legitimate and change the names
of certain persons therein named.
By Mr. Anderson:
A bill to be entitled an act for the relief of debtors and to pre-
vent the levy and sale of property under certain circumstances
and within a limited period.
Which were placed among the orders of the day.
The rule being waived, the Committee on Agriculture made
the following report:
The Committee on Agriculture, to whom was referred a bill
to be entitled an act to regulate labor on farms, have had the
same under consideration and recommend that said bill do pass.
WILLIAM P. MOSELEY, Ch'n.
WM. W. WILLS,
THOMAS BROCK,
MOSES HEWETT.

64

Which was read and the accompanying bill placed among the
orders of the day.
The rule being waived, the Committee on Propositions and
Grievances made the following report:
The committee to whom was referred the application of Urial
Bowden, Sheriff of Duval county, for relief from certain indebt-
edness which appears against him on the books of the Comp-
troller of the State, and the petition accompanying said memorial,
signed by citizens of Duval county,
REPORT:
That they have had the same under consideration and respect-
fully recommend that the prayer of said memorialist and the
prayer of said petitioners be granted, and that the Comptroller
be instructed to cancel the said indebtedness on his books up to
the time of the date of the commission now held as Sheriff of
said county, and therefore respectfully recommend the passage
of the accompanying bill.
C. P. COOPER, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
The rule being waived, the following bills were introduced
"without previous notice :
By Mr. Oneal :
A bill to be entitled an act to establish the office of harbor
master for the port of Pensacola.
By Mr. Peeler of Jefferson:
A bill to be entitled an act to provide for the better working
of the public roads in the counties of this State.
Which were placed among the orders of the day.
The rule being waived, on motion, Mr. Manning was excused
from further attendance on this House until Monday next.
On motion, the Speaker, Mr. Williams of Leon, was excused
from further attendance on the House to-day.
ORDERS OF THE DAY.
A bill to be entitled an act to change the Eastern and Suwan-
nee Judicial Circuits so as to transfer Duval county to the Su-
wannee Circuit, and Lafayette county to the Middle Circuit,
Was read the second time, and, on motion of Mr. Haddock,
indefinitely postponed.
A bill to be entitled an act to amend an act entitled an act
to raise a revenue for the State of Florida, approved Jan. 16th,
1866,
Was read the second time and passed over informally for the
present.

A bill to be entitled an act to amend an act entitled an act in
relation to apprentices,
Was read a second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act for the relief of John Broward, de-
ceased,
Was read a second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to extend the provisions of an.act
entitled an act in relation to contracts of persons of color, ap-
proved January 12th, 1866,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to amend an act in relation to con-
tracts of persons of color,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to consolidate the offices of Sheriff,
Tax Assessor and Collector of Santa Rosa county,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act regulating assignments,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A resolution fixing the meaning of the proviso in the act passed
at the last session of the General Assembly for the removal of the
Seminary East of the Suwannee from Ocala to Gainesville,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to repeal an act entitled an act to
make dogs taxable property, and for other purposes,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act for the relief of Burroughs E.
Carr,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to incorporate the Telegraph Com-
pany of Pensacola,
Was read the first time, rule waived, read a second time by
its title, and, on motion, referred to a special committee consist-
ing of Messrs. Oreal, McMillan and Wright.
A bill to be entitled an act to extend and define the corporate
limits of the city of Jacksonville,
Was read the'first time, rule waived, read second time by its
title and the bill with the accompanying 'memorial referred to
the Committee on Corporations.
9

66

A bill to be entitled an act providing for the sale of public
lands of this State,
Was read first time, rule waived, read second time by its title
and referred to the Committee on Public Lands.
A bill to be entitled an act to legitimate and change the
lames of certain pers jns therein named,
Was read first time, rule waived, read second time by its title,
and on motion referred to a select committee of five, consisting
of Messrs. VanZant, Anderson, Gunn, Peeler of Leon and
Williams.
A bill to be entitled an act to amend the 5th section of an act to
raise a revenue for the State of Florida, approved January 16,
A. D. 1866,
Was read first time, rule waived, read second time by its title
ad passed over informally.
A bill to be entitled an act for the relief of debtors, and to
prevent the levy and sale of property under certain circumstances
and within a limited period,
Was read first time, rule waived, read second time by its title
ad on motion, referred to a select committee of five, consisting
efMessrs. Anderson, Hendricks, Mizell, Gee and Wright.
A bill to be entitled an act for the relief of Uriah Bowden,
fieriff of Duval county,
Was read first time and ordered for a second reading on tW-
morrow.
Senate resolution for the relief of Wiley W. Whidden, and
ethers.
Was read second time and ordered for a third reading on to-
morrow.
A bill to be entitled an act to establish the office of Harbor
Master for the Port of Pensacola,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to regulate labor,
Was read the second time and ordered to be engrossed for a
Aird reading on to-morrow.
The rule being waived, the Committee on Propositions and
Orievances made the following report:
The Committee on Propositions and Grievances to whom was
cderred a bill to be entitled an act relative to the county officers
dPolk county, report that they have had the same under con-
aideration, and respectfully recommend its passage without
amendment.
C. P. COOPER, Chairman.
Which was read and the accompanying bill placed among the
orderss of the day.
Mr. Mizell moved a call of the House;
Which was agreed to.

67

The roll being called, a quorum was present.
On motion of Mr. Peeler of Leon, a further call was dispensed
with.
The rule being waived, Mr. Henderson, without giving previ-
eus notice, was allowed to introduce the following bill:
A bill to be entitled an act to declare John B. Rawlerson, a
citizen of Hillsborough county;
Which was placed among the orders of the day.
The rule being waived, Mr. Gee without giving previous so-
tice was allowed to introduce the following resolution:
A resolution calling upon the Comptroller to furnish to this
House all the information in his possession with reference to the
Bank of St. Johns ;
Which was placed among the orders of the day.
The rule being waived, the Judiciary Committee made the fol-
lowing report:
The Judiciary Committee to whom was referred a bill to be
entitled an act to regulate the foreclosure of mortgages have had
the same under consideration, and beg leave to report that after
a careful examination of its provisions, they are satisfied that its
passage will secure to mortgagors a more complete and effectual
remedy in the foreclosure of mortgage, and in many instance
render but one suit, where two are now required, necessary.
A. J. PEELER, Ch'n pro tem.
Mr. Cooper from the same Committee made the following mi-
nority report:
The minority of the Judiciary Committee beg leave to make-a
report respectfully dissenting from the majority, in reference to
a bill to be entitled an act to regulate the foreclosure of mortga-
ges, referred to said Committee.
While the minority agree with the majority in their report as
to most of the provisions of said bill, the minority cannot concr
in said majority report as to the last clause of said bill, permit-
ting the mortgage debtor in all cases to exempt the mortgage
property from levy and sale by surrendering other property sub-
ject to execution, sufficient in amount to satisfy the judgment or
decree, and costs of proceedings, and therefore respectfully re-
commend that all that portion of the bill be stricken out, begin-
ning with the words "provided, nevertheless," and extending t
the end.
C. P. COOPER,
JOHN A. HENDERSON.
Which was read.
A bill to be entitled an act relative to the officers of Polk
county,
Was read second time, rule waived, read third time and put
upon its passage, upon which the vote was:
Yeas-Messrs. Anderson, Armistead, Arnau, Barrett, Bates,

68

Branch, Brock, Brokaw, Browne, Collins, Cooper, Coulter, Dick-
isoh Durham, Gee, Gunn, Haddock, Hankins, Henderson, Hen-
dricks, Hewctt, Hosford, Howse, Johnston of Gadsden, John-
ston of Sumter, Langford, McKinnon, McClellan, McMillan, Mi-
zell, Moling, Moseley, Neal, Overstreet, Peeler of Leon, Rich-
ardson, Saxon, Stanford, Teasdale, West, Whidden, Williams
and Wills-43.
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 regulate the foreclosure of mort-
gages,
Was read the second time.
Mr. Cooper moved to strike out all after the word neverthe-
less;"
Which was not agreed to.
The bill was ordered to be engrossed for a third reading on
to-morrow.
A bill to be entitled an act to provide for the better working
of the Public Roads in the counties 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 declare John B. Rawlerson a
citizen of Hillsborough county,
Was read the first time and ordered for a second reading on
to-morrow.
A resolution calling upon the Comptroller to furnish to the
House, all the information in his possession with reference to the
Bank of St. John's,
Was read and adopted.
The rule being waived, Mr. Peeler of Jefferson was allowed
without giving previous notice to introduce the following bill:
A bill to be entitled an act for the repeal of a certain law there-
in named;
Which was placed among the orders of the day.
A bill to be entitled an act in relation to the fees to be charged,
received and collected by officers of this State, whose fees are
press ribed by law,
Was read the third time, and, on motion of Mr. Moring, was
placed back upon its second reading.
Mr. Moring offered the following amendment:
After the words "January 1st, 1861," add fifty per cent.
Also the additional section:
Sec. 4. Be it further enacted, That the Attorney General be
requested to add fifty per cent. to all laws now in force, on the
subject, and have the same published with the acts of this Gen-
eral Assemby;

69

Which was adopted, and the bill ordered to be engrossed as
amended for a third reading on to-morrow.
A bill to be entitled an act for the repeal of a certain law
therein named,
"Was read the first time, rule waived, read a second time by
its title and ordered engrossed for a third reading on to-morrows
A bill to be entitled an act to authorize the County Commis-
sioners of Orange county to issue bonds for the purposes therein
named,
"Was read third time and put upon its passage, upon which the
vote was:
Yeas-Messrs. Armistead, Arnau, Barrett, Bates, Branch,
Brock, Brokaw, Browne, Collins, Coulter, Durham, Faulkner,
Gunn, Hankins, Henderson, Hendricks, Hewett, Hosford, Howse,
Humphreys, Langford, McKinnon, McClellan, McMillan, Mizell,
Moring, Moseley, Neal, Oneal, Peeler of Jefferson, Peeler of
Leon, Richardson, Stanford, Teasdale, VanZant, West, Westcott,
Whidden, Williams, Wills and Wright-40.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
On motion of Mr. VanZant, the House adjourned until to-mor-
row morning, 10 o'clock.

----o----

FRIDAY, November 23, 1866.

The House met pursuant to adjournment.
The Speaker not present, the roll being called, a quorum was
present, and on motion, Mr. Barrett was declared Speaker pro
tern.
The Rev. Dr. DuBose officiated as Chaplain.
On motion, the reading of the journal of yesterday's proceed-
ings was dispensed with, and the journal corrected and approved.
Mr. Moseley moved that Mr. Langford be excused from fur-
ther attendance op this House until Monday next;
Which was agreed to.
On motion of Mr. Moring, Mr. Peeler of Jefferson was excused
from further attendance on the House until Monday next.
Mr. Wright moved that Mr. Bush be excused from further at-
tendance on the House until Thursday next;
Which was agreed to.

70

Mr. Peeler of Leon moved that the Speaker be excused from
farther attendance on this House until Monday next;
Which was agreed to.
Mr. Johnston of Gadsden moved that Mr. Malone, Assistant
Clerk, be excused from further attendance on the House until
Monday next;
Which was agreed to.
Mr. Stanford moved that Mr. Teasdale be added to the Com-
mittee on Taxation and Revenue;
Which was agreed to.
Mr. Henderson moved that Mr. Stanford be added to the Com-
mittee on Finance and Public Accounts;
Which was agreed to.
Notice was given of intention to introduce on some future day
the following bills, viz:
By Mr. Henderson:
A bill to be entitled an act for the relief of Joel J. Addison.,
Sheriff and ex-officio Tax Collector of Manatee county.
By Mr. Howse:
A bill to be entitled an act to abolish all laws for the collection
of debts contracted after the 1st day of January, A. D. 1867.
By Mr. Durham:
A bill to be entitled an act to prescribe additional penalties
for failure or refusal to comply with the regulations of the law
in regard to fencing; and
A bill to be entitled an act to establish a system of education
for the poor white children of this State.
Mr. Williams moved that the following be adopted as a fifty-
seventh rule for the government of the meeting, sitting and ad-
journment of the House:
The House shall convene every morning at nine o'clock, and
unless the business be sooner disposed of, remain in session till
one o'clock, P. M., take a recess till 3 o'clock, P. M., and, unless
the business be sooner disposed of, remain in session until five
o'clock, P. M., and adjourn for the day, and that this rule be ob-
served during the remainder of the present session;
Which was not agreed to.
The rule being waived, Mr. Henderson presented the following
petition :
A petition from the citizens of Hillsborough county relative to
a division of said county;
Which was read, and on motion referred to the Committee on
Propositions and Grievances.

71

.The following message was received from the Senate:
SENATE CHAMBER,
Tallahassee, Florida, Nov. 22, 1866.
JIon. Jos. JNO. WILLIAMS,
Speaker of the House of Representatives:
Smr: The Senate has passed the following bills, viz:
A bill to be entitled an act authorizing the county of Polk to
issue bonds, and for other purposes;
A bill to be entitled an act relative to the admission of attor-
neys at law to practice in the courts of this State;
A bill to be entitled an act to consolidate the offices of Judge
of Probate and Clerk of the Circuit Court in Calhoun county,
and for other purposes; and
House bill to be entitled an act to move the county site of
Polk county.
Very respectfully,
F. L. VILLEPIGUE,
Secretary of the Senate.
Which was read and the Senate bills placed among the orders
of the day, and House bill which had passed the Senate ordered
to be enrolled.
Mr. Cooper offered the following resolution:
A resolution asking information of his Excellency, the Gover-
nor, in relation to the railroads of the State;
Which was placed among the orders of the day.
Mr. Whidden offered the following resolution:
A resolution to establish a mail route;
Which was placed among the orders of the day.
Mr. Cooper offered the following resolution:
Resolution relative to the adjournment of the General Assem-
tIy;
Which was placed among the orders of the day.
The rule being waived, the following resolution and bills were
introduced without previous notice:
By Mr. Hall:
A resolution for the relief of Dr. James A. Stewart.
By Mr. Cooper :
A bill to be entitled an act repealing certain sections of an act
entitled an act concerning replevin, approved February 2, 1861.
By Mr. Moseley:
A bill to be entitled an act to amend an act to prevent non-
residents from hunting, either with or without dogs, guns or
other fire-arms, in the counties of Taylor and Lafayette.
By Mr. Gunn:
A bill to be entitled an act to define the boundary line betwea
Walton and Holmes counties.
Which were placed among the orders of the day.

72

The rule being waived, the following bills were introduced in
pursuance of previous notice :
By Mr. Cooper:
A bill to be entitled an act requiring judgments obtained in
magistrates' courts to be recorded in the Clerk's office of the
Circuit Court of the county in which they are obtained; and
A bill to be entitled an act to amend the attachment laws of
the State.
By Mr. Westcott:
A bill to be entitled an act in relation to escheats; and,
A bill to be entitled an act in relation to the offices of the
Comptroller of Public Accounts and State Treasurer.
Which were placed among the orders of the day.
Mr. Cooper from the Committee on Propositions and Grievan-
ces, made the following report:
The Comnlittee on Propositions and Grievances to whom was
referred the memorial of certain citizens of Orange and Brevard
counties in relation to a change in the boundary line dividing
said counties, respectfully report that they have had the same
under consideration, and recommend that the prayer of the pe-
titioners be granted, and that the accompanying bill be passed.
C. P. COOPER, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Committee on Propositions and Grievances to whom was
referred the memorial of certain citizens of Nassau county, pray-
ing the division of said county, and the organization of a new
county to be called Stewart county, respectfully report that they
have had the same under careful consideration, and recommend
that the prayer of said petitioners be granted, and that the ac-
companying bill be passed without amendment.
C. P. COOPER, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Barrett, from the Committee on Corporations, made the
following report:
The Committee on Corporations to whom was referred a bill
to be entitled an act for the relief of the city of Jacksonville,
have had the same under consideration, and beg leave to report,
that in their opinion said bill ought to pass. They do therefore
recommend its passage. Respectfully submitted,
F. C. BARRETT, Ch'n.
Which was read and the accompanying bill placed among the
orders of the day.
: Also the following:
The Committee on Corporations to whom was referred a bill

73

to be entitled an act to extend and define the corporate limits of
the city of Jacksonville, having duly considered the same. do
REPORT:
That inasmuch as your Committee have before them not only a
numerously signed petition of citizens residing within the present
corporate limits of said city asking the passage of said bill, but they
also have before them a remonstrance, signed by nearly, if not
quite all the residents and property holders embraced within the
territory proposed to be annexed to said city, urging the oppres-
siveness to them and their property of such extension of the city
limits. Your Committee can make no recommendation in the
premises, but refer the bill back to the House with the accompa-
nying documents, for such action as it may deem just and
proper Respectfully submitted,
F. C. BARRETT, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Peeler of Leon, from the Committee on the Judiciary, made
the following report:
SThe Committee on the Judiciary to whom was referred a bill
to be entitled an act to provide for Conservators of the Peace
in the several counties of this State and for other purposes, have
had the same under consideration and report the enclosed sub-
stitute therefore, and recommend the adoption of said substitute
in lieu of the original bill, but as to the substitute the Committee
neither recommend its passage nor rejection, and do not wish to
be understood as committing themselves to said substitute, but
respectfully recommend that the House consider said substitute
in Committee of the Whole, believing that free and full discus-
sion of its merits in this way will result in settling upon some
plan of organizing an inferior court to meet the exigency of the
times.
A. J. PEELER, Chairman.
Which was read and the accompanying bill and Isubstitute
placed among the orders of the day.
Also the following:
The Judiciary Committee to whom was referred a bill to be
entitled an act to repeal an act entitled an act to organize and
establish a county criminal court, report that the committee hav-
ing already reported upon a bill of a similar character, respect-
fully return this bill to the House without remark.
A. J. PEELER, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
10

74

The Judiciary Committee to whom was referred a bill to be
entitled an act making lawful certain conveyances of real estate
by Patience E. Smith, administratrix of Joel B. Smith, deceased,
have had the same under consideration and beg leave to
REPORT:

That the law provides generally the manner in which sales of
real estate may be made in plain and simple terms, and that the
Committee are unwilling to recommend that a sale made other-
wise than as provided by law should be declared valid, there
being no evidence before the committee to show any good cause
why such sales were not made according to law. Your Com-
mittee respectfully recommend that the bill do not pass.
A. J. PEELER, Ch'n pro tem.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Judiciary Committee having had under consideration a
bill to be entitled an act to provide for the revision, collation and
digestion of the whole of the public statute law of the State, te
be the Revised Code of Florida, beg leave to
REPORT:
That they find an almost absolute necessity for a compilation
of the public laws of the State. Twenty-one years since, the
digestion of the laws of the State by Thompson, the enactments,
amendments, repeals, alterations and changes since that time
run through the various acts passed at, from 15 to 18 sessions of
the General Assembly, published in as many separate pamphlets.
That the distribution of these pamphlets among the people has
exhausted the supply in the office of the Secretary of State, and
that from various causes the pamphlets have been so lost and
destroyed, as that complete sets of our statute laws are not to be
found in one half of the counties, and in some of the counties,
your committee are informed that Thompson's Digest :s received
and regarded as the only source of information as to the statuto-
ry provisions of our State. The bill proposed is so plain in its
terms, and the powers conferred so carefully guarded, as that a
commission with ability and integrity, such as the Governor
would appoint, will insure the work to be well done. The mat-
ter of expense has been considered by your Committee
and while they recognize the necessity of economy in the admin-
iatration of the affairs of the State, are fully convinced that the
vast'amount of general good to result from such a code is hardly
to be estimated by dollars and cents. They therefore recom-
mend that the bill do pass.
A. J. PEELER, Ch'n pro ten.

Which was read and the accompanying bill placed among the
orders of the day.
Mr. Cooper from the same committee, made the following mi-
Aority report:
The minority of the Judiciary Committee. (to which commit-
tee the bill providing for digesting the laws of the State was re-
ferred,) begs leave to make a report to the following effect:
That the minority respectfully submits that a code of laws for
the State, in the humble opinion of the minority, would be pref-
erable to a digest and therefore respectfully recommend that a
committee be appointed in the manner provided for by the bill,
and recommended by the majority report, to codify the laws of
the State. C. P. COOPER.
Which was read.
Mr. Westcott, from the Committee on Federal Relations,
made the following report:
The Committee on "Federal Relations," to whom was refer-
red that portion of the message of his Excellency the Governor
relating to the proposed amendment of the Constitution of the
United States, have had the same under consideration and beg
leave most respectfully to make the following

REPORT:
The amendment proposed for our ratification is as follows:
ARTICLE XIV.-SECTION 1. All persons born or naturalized in the
Unitet States and subject to the jurisdiction thereof are citizens of the
United Status and of the State wherein they reside. No State shall make
or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law, nor deny to any per-
son within its jurisdiction the equal protection of the laws.
SEC. 2. Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole number of per-
sons in each State, excluding Indians not taxed. But when the right to
vote at any elections for the choice of eleetors for President andVice-
President of the United States, Representatives in Congress, the executive
and judicial officers of a State, or the members of the Legislature thereof,
is denied to any of the male inhabitants of such State, being twenty-one
years of age and citizens of the United States, or in any way abridged, ex-
eept for participation in rebellion or other crime, the basis of representa-
tion therein shall be reduced in the proportion which the number of such
male citizens shall bear to the whole number of male citizens twenty-one
years of age in such State.
SEc. 3. No person shall be a Senator or Representative in Congress, or
elector of President and Vice-President, or hold any office, civil or military,
under the United States, or under any State, who having previously taken
an oath, as a member of Congress, or as an officer of the United States, or
as a member of any State Legislature, or as an executive or judicial officer
of any State, to support the Constitution of the United States, shall have
engaged in insurrection or rebellion against the same or given aid and
comfort to the enemies thereof. But Congress may, by a vote of two-thirds
of each House, remove such disability.

76

SEC. 4. The validity of the public debt of the United States, authorized
by law, including debts incurred for payment of pensions and bounties for
services in suppressing insurrection and rebellion, shall not be questioned.
But neither the United States nor any State shall assume or pay any debt
or obligation incurred in aid of insurrection or rebellion against the United
States, or any claim for the loss or emancipation of any slave; but all
such debts, obligations, or claims, shall be held illegal and void.
SEC. 5. The Congress shall have power to enforce, by appropriate legis-
lation, the provisions of this article.
This amendment, whether it comes proposed in accordance
with the Constitution of the United States or not, demands in
our opinion a calm and respectful consideration, in which neither
passion nor prejudice but reason should control. We are anx-
ious to close the breach which civil war has produced, and once
more become practically a State in the Federal Union. We must
in future occupy one or another relation to the Government of
the United States, and whether it be that of a conquered people
or that of a State, we think that our judgment. having been con-
sulted, it is highly proper to consider:the merits of the amend-
ment.
The first section of this amendment, considered in connection
with the fifth, is virtually an annulment of State authority in re-
gard to rights of citizenship. It invests the Congress of the Uni-
ted States with extraordinary power at the expense of the States.
It would so operate that under its provisions all persons, without
distinction of color, would become entitled to the "privileges
and immunities" of citizens of the States, and among those priv-
ileges would beembraced the elective franchise, as well as com-
petency to discharge the duty of jurors. In addition to this,
without denying to the State the power and right to legislate
and to control to some extent the liberty and property of the cit-
izen, it vests in the General Government the power to annul
the laws of a State affecting the life, liberty and property of its
people, if Congress should deem them subject to the objections
therein specified. The change which this section proposes, af-
fects the general interests of the people of the United States, and
we are unable to see upon what grounds, independent of the fact
that it was a party measure, it could have recommended itself to
any State in the Union. Its tendency is to the complete con-
solidation of the government-a result which should not be de-
sired by any person or party really anxious to promote the best
interests of the Union-and it is to us a matter of great surprise
that any State should voluntarily and cheerfully invest Congress
with such extraordinary powers, affecting the internal interests
of its own people. The legislative branch of the General or State
Governments is always affected to a great extent by the prejudi-
ces and passions of the hour, and the knowledge of the present
should teach our sister States North not to invest the popular
branch of the government with such power, for it might per-

77

haps in the future result in their own destruction. The general
welfare and interests of the people should not be made subject
to its unqualified and absolute control.
A ratification of these sections would virtually destroy that
system of government instituted by our forefathers which it is
our earnest desire to perpetuate, and which we do not think can
be improved by incorporating into the Constitution of the Uni-
ted States clauses couched in such general and questionable lan-
guage as the first and fifth sections of the proposed amendment.
The second section proposes to the Southern States either to
deprive themselves ot a great portion of their political power
and decrease their representation in Congress, or so change their
present Constitutions and laws as to invest the negro with the
elective franchise.
If you do not permit the black man to control the political
power of the State, as a consequence we will control your repre-
sentation in the general government, and if he is invested with
the elective franchise, we will, under the first section, nullify
any State law which denies him the privilege of holding office.
This is in substance the proposition. We must be shorn of our
representation or give the inferior and unintelligent race the su-
premacy in the State government. It would follow also that our
power in the general government ceases.
We are to day bankrupt as a people; our whole country is
desolated; the relations of capital and labor are not fixed, and
everything, even with the Constitution as it is, bears a gloomy
aspect; but no man can predict the result of adopting this policy
at this time. If the staples of the South afford any aid to the
general prosperity or add to the material wealth of the country,
this policy would dry up the sources of that aid.
The control of the Southern States by the negro would result
either in a war of races or the emigration of one ior the other
race, and a consequent total destruction of all interests. No sane
man would desire to extend the right of suffrage to these people
without "abridgment" who is familiar with their present condi-
tion, for such action can result in no practical good either to them
or to others.
We cannot at this time, just as they have emerged from slavery,
without education, and controlled by prejudice, invest them with
the elective franchise without restriction or qualification. We
have done everything already that is necessary to secure their
practical advancement.
The following article is incorporated in the Constitution of
this State:
"All the inhabitants of this State, without distinction of color,
are free and shall enjoy the rights of person and property with-
out distinction of color." "In all criminal proceedings founded
upon injury to a colored person, and in all cases affecting the

78

rights and remedies of colored persons, no person shall be in.-
competent to testify as a witness on account of color."
The General Assembly at its last session passed an act pro-
riding that all the criminal laws of this State shall be deemed
and held to apply equally to all the inhabitants of the same, with-
ntt'distinction of color."
This State, while it has no system of public schools for the
whites, has instituted a common school system even in her bank-
ruptcy for this portion of our population, and is distributing eles
mentary books all over the State. Six thousand blacks are now
availing themselves of State aid for the purposes of education.
These measures and any others which will tend to their prac-
tical advancement and improvement, we deem it our duty and
pleasure to adopt, and we do not think it just that the general
government should declare that we must in addition give them
at once the elective franchise without qualification, thereby ruin-
ing our interests, theirs, and the country's, or our representation
shall be reduced in the proportion which the males among them,
twenty-one years of age and not invested with the right to vote,
bear to the whole number of male citizens twenty-one years of
age in this State.
Under the Constitution as it is, Federal representation is based
upon the census.
If the people of one State think, from their knowledge of their
own people, that they can secure a better government for their
internal and State affairs by abridging the right to vote by a
property qualification, it is no reason why her Federal represen-
tation should be less than her sister State with the same popula-
tion, but with universal suffrage. It might perhaps be a reason
why she should have more. This measure may increase party
power; it cannot add efficiency or stability to the government,
State or Federal.
The people of this State whom we represent are conservative,
and desire the practical good of the country. They care little
for any,party and take no interest in politics or political theories,
distinct from their practical results. They are in fact conquered,
crushed and passive. They do hope, however, for a stable and
efficient civil government, and that the time may come when they
will not be subject to the present control of the bayonet, as civil
government exists now in Florida only in name.
This'result should, however, not be accomplished by our vol-
antary ratification of organic changes which may result in the
total destruction of the entire country, and which we know will
benefit no person, black or white, in this State.
Let us now consider the third section of this proposed amend-
ment.
This section prohibits the holding of any office, civil or mili-
tary, under the United States, or under any State, by any person

79

who has given aid or comfort to the late Confederacy or its sol-
diery, who had previously taken an oath to support the Consti-
tution of the United States as an officer of the United States, as
a member of Congress, or as an executive, legislative or judicial
officer of a State. The difference made between parties who
have taken an oath in these capacities and persons owing alle-
giance to the Government and guilty of the same acts, is aa
odious one. If the allegiance of the people was first due to the
general government, there is no reason why a person who has
taken an oath to support the Constitution of the United States
in the discharge of his office ten years since and participated in
the late war, is more criminal than the citizen of the United
States whose allegiance was due that government who did like-
wise. If what has been done deserves such punishment, it de-
serves it universally. All are equally guilty, and the actors, aid-
ers and abettors, North and South, deserve punishment alike,
and it is not proper to have a constitutional decree of infamy
against the one and soft places in the national councils for the
other. While in the act of war the actors were from one see-
tion, the influences and teachings which made them actors and
which first inculcated the principles of resistance, had their
origin in that section and among that people who now in their
madness would destroy those who but carry out in acts the
principles which they first proclaimed.
In ratifying this section, we make this invidious distinction:
We admit and pronounce our own eternal infamy, and aid in in-
oqrporating into the Constitution of the United States a pro-
vision which deprives us of the aid in our Federal and State
affairs of the greater portion of the intelligence and worth of our
section, who themselves are not more guilty than.we are, and
we are told that if we do not take such action, fire, the sword
and destruction will follow.
When the historian will detail the facts connected with the
conquest of the Southern people, (for such it is viewed from our
stand-point,) that page will certainly be a strange one which
records the fact that the Congress of the United States and the
people of the North not only pronounced us infamous, but offered
to us the alternative of passing upon ourselves the same judg-
ment, or submitting to fire, to sword and to destruction.
As the representatives of the people of the State of Florida,
we protest that we are willing to make any organic changes of
a thoroughly general character, and which do not totally destroy
the nature of the Government. We are willing to do anything
which a generous conqueror even should demand, much less the
Congress of our common government.. On the other hand, we
will bear any ill before we will pronounce our own dishonor.
We will be taxed without representation; we will quietly endure
the government of the bayonet; we will see and submit to the

80

threatened fire and sword and destruction, but we will not bring,
as a peace offering, the conclusive evidence of our own self-
created degradation.
The fourth clause we approve.
The fifth clause we have considered in connection with the
others, and what we have said in regard to the others must be
construed in connection with it.
Our present relations with the general government are cer-
tainly of a strange character. Beyond the postal service, our
people derive no benefit from our existence as a State in the
Union. We are denied representation even when we elect a
party who has never in fact sympathized with armed resistance
to the United States, and who can, in good faith, take the oath.
We are at the same time subject to the most onerous taxation;
the civil law of the State is enforced and obeyed only when it
meets the approval of the local commander of the troops of the
United States; the Congress of the United States enacts laws
making certain lands subject to entry at a small cost by the
colored portion of our population, and denies the like privilege
to the white man by restrictions amounting to a prohibition.
We are in fact recognized as a State for the single and sole
purpose of working out our own destruction and dishonor.
None of the benefits of that relation exist. In other words, we
are recognized as a State for the highest purposes known to the
Constitution, namely, its amendment; but we are not recognized
as a State for any of the benefits resulting from that relation.
Your Committe, for these reasons among others, recommend
that the House of Representatives do not ratify the proposed
amendment.
All of which is respectfully submitted.
JAMES D. WESTCOTT, Jr., Chm'n,
WALTER T. SAXON,
F. C. BARRETT,
ANDERSON PEELER,
JOHN McLELLAN.
Which was read, and on motion, five hundred copies ordered
to be printed for the use of the House.
Mr. Peeler of Leon, from the Judiciary Committee, made the
following report:
The Judiciary Committee, to whom was referred a bill to be
entitled an act to abolish whipping and pillory as punishment for
crime, have had the-same under consideration and beg leave to
REPORT:
That while they are very much inclined to abolish all punish-
ments which are regarded as cruel and barbarous in their char-
acter, such as whipping and the pillory, yet they hesitate to

81

make such a recommendation at this time and in the absence of
a State penitentiary, believing it in some cases to be the most
effectual preventive of crime.
A. J. PEELER, Chairman pro tern.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Judiciary Committee beg leave to report, that having had
under consideration an act entitled an act in relation to evidence,
they are of the opinion that to pass the said bill, and thereby
make certificates of entry of land as evidence of "full and com-
plete legal title," would defeat the very purposes for which such
certificates are issued, viz: to leave open for a reasonable time
the question of right of entry. They, therefore, recommend that
said bill do not pass.
A. J. PEELER, Chairman pro tem.
"Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Judiciary Committee, to whom was referred a bill to be
entitled an act to repeal an act to organize the County Criminal
Court, approved January 11th, 1866, have had the same under
consideration and beg leave to
REPORT:
That while they recognize fully the absolute necessity in many
if not all the counties of this State, of a court of some original
jurisdiction, where summary justice may be inflicted on petty
offenders, the experience of the past year has demonstrated that
the County Criminal Court," as at present organized, does not
meet the exigencies of the times. It is generally conceded that
the expenses of the various County Criminal Courts will not fall
far short of $100,000, while the receipts from such courts from
fines, forfeitures, &c., do not exceed twenty thousand dollars.
The net loss ot this system, say $80,000, is more than enough to
pay the expenses of even two or three additional terms of the
Circuit Court in the several counties of this State. Several sub-
stitutes having been already proposed in lieu of the present sys-
tem of County Criminal Courts, your committee have not
thought it necessary at present to submit any plan of their own
or report upon any of the bills in their hands, but for the reason
above specified, as well as the fast that the present system works
great prejudice to the interests of the planters and other business
men, by calling them at frequent and unseasonable times to at-
tend the sitting of said courts as jurors, and frequently with-
draws large numbers of their hands from their labor as witnesses,
11

82

the utter ignorance and inefficiency of many of the Judges of
such courts, and various other reasons, influence your committee
respectfully to recommend that such bill do pass.
A. J. PEELER, Ch'n pro tern.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Teasdale, from the Committee on Engrossed Bills, made
the following report:
The Committee on Engrossed Bills report the following bills
u being correctly engrossed, viz:
A bill to be entitled an act for the repeal of a certain law there-
in named ;
A bill to be entitled an act to amend an act in relation to con-
tacts of persons of color, approved January 12, 1866;
A bill to be entitled an act to amend an act in relation to Ap-
prentices; and
A bill to be entitled an act to extend the provisions of an act
entitled an act in relation to contracts of persons of color, ap-
proved January 12, 1866.
Very respectfully,
H. R. TEASDALE, Chairman.
Which was read and the accompanying bills placed among the
orders of the day.

ORDERS OF THE DAY.
A bill to be entitled an act to divide the county of Nassau'and
organize a new county to be called Stewart county,
Was read the second time and ordered to be engrossed for
a third reading on to-morrow.
A bill to be entitled an act to repeal an act to organize'the
County Criminal Court, approved January 11, 1866,
Was read second time and ordered to be engrossed for a third
reading on to-morrow.
Senate resolution for the relief of Wiley W. Whidden and
others,
Was read third time, rule waived, and on motion of Mr. Gee,
the bill placed back upon its second reading qnd referred to Com-
mittee on Propositions and Grievances.
The rule being waived, the following bills were introduced
without previous notice :
By Mr. Humphreys:
A bill to be entitled an act authorizing planting and bedding
of oysters in the waters of Escambia county.
By Mr. Westcott:
A bill to be entitled an act to amend the laws relative tosales
of real and personal property by executors and administrators;
Which were placed among the orders of the day.

83

A bill to be entitled an act to provide for the revision, colla-
tion and digestion of the whole of the public statute laws of
the State to be the revised code of Florida,
Was read the second time, and on motion of Mr. Collins, one
hundred copies ordered to be printed for the use of the House.
A bill to be entitled an act for the relief of the city of Jackson-
ville,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to abolish Whipping and Pillory
as punishment for crime,
Was read'the second time.
Mr. Gee moved to lay the bill upon the table.
Upon which motion, the yeas and nays were called for Messrs.
Williams end Stanford, and were:
Yeas-Mr. Speaker, Messrs. Arnau, Bates, Branch, Brock,
Brokaw, Collins, Dickison, Faulkner, Gee, Gunn, Hankins, Hew-
ett, Hosford, Humphreys, Johnston of Gadsden, Johnston of
Sumter, Lassiter, McMillan, Moring, Moseley, Neal, O'Neal,
Overstreet, Peeler of Jefferson, Peeler of Leon, Saxon, Stanford,
VanZant and West-30.
Nays-Messrs. Armistead, Browne, Bush, Cooper, Coulter,
Durham, Hendricks, Howse, McClellan, Teasdale, Westcott,
Whidden, Williams and Wills-14.
So the motion was agreed to.
A bill to be entitled an act to provide for Conservators of the
Peace in the several counties in this State, and for other purpo-
gcs,
Was read the second time and on motion of Mr. Peeler of
Leon, the substitute offered by the Judiciary Committee was
adopted in lieu of the original hill.
On motion of Mr. Peeler of Leon, the House resolved itself
into a Committee of the Whole for the consideration of the sub-
stitute-Mr. Brokaw in the chair.
After some time spent therein, the committee rose and through
their chairman reported progress, and asked leave to sit again.
On motion of Mr. Westcott, one hundred copies were ordered
to be printed for the use of the House.
A committee from the Senate appeared at the bar of the
House and informed the House that the Senate had accepted
their invitation to attend the House this afternoon at 3 o'clock,
at which time the Honorable U. S. Senators, Messrs. Marvin and
Call, are expected to speak.
A bill to be entitled an act to repeal an act entitled an act to
establish and organize a County Criminal Court,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.

84

A bill to be entitled an act to amend an act entitled an act to
raise a revenue for the State of Florida, approved January 16th,
1866,
Was read the second time, and on motion passed over inform.
ally for the present.
A bill to be entitled an act making lawful certain conveyances
of real estate by Patience E. Smith, administratrix of Joel
Smith, deceased,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act for the relief of Burroughs E. Carr,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act in relation to evidence,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to repeal an act entitled an act to
make dogs taxable property, and for other purposes,
Was read the third time, and on motion, referred to a select
committee consisting of Messrs.'Hall, Henderson and Anderson.
The rule being waived, on motion of Mr. VanZant, Mr. Had-
dock was added to the above committee.
On motion of Mr. Westcott, the House took a recess until fif-
teen minutes before three o'clock this afternoon.

FIFTEEN MINUTES BEFORE THREE O'CLOCK.

The House resumed its session-a quorum present.
A bill to be entitled an act to extend and define the corporate
limits of the city of Jacksonville,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to amend the fifth section of an act
to raise a revenue for the State of Florida, approved January 16,
1866,
Was read the second time, and on motion passed over infor-
mally for the present.
A bill to be entitled an act for the relief of Uriah Bowden,
Sheriff of Duval county,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to establish the office of harbor
master for the port of Pensacola,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.

A bill to be entitled an act to provide for the better working
of the public ioads in the counties of this State,
Was read a second time and on motion referred to Committee
on Commonwealth.
A bill to be entitled an act to declare John B. Rawlerson a
citizen of Hillsborough county,
Was read the second time and on motion referred to the Com-
mittee on the Judiciary.
Resolution for the relief of Dr. James A. Stewart,
Was read first time, rule waived, read a second time by its title,
and referred to the Committee on Propositions and Grievances.
The time having arrived as pre-arranged, for the Hon. Wm.
Marvin and Hon. Wilk. Call, Senators elected to the Congress
of the United States, to address the General Assembly, the Sen-
ate entered the Hall of the House, and by the invitation of the
Speaker, his Excellency W. W. J. Kelly, Lieut.-Governor and
ex-officio President of the Senate, took the chair.
Mr. Marvin was first introduced by Mr. Collins, Chairman of
the Committee, and in his usual style addressed the General As-
sembly. Then followed Mr. Call, in an eloquent and interesting
speech.
On motion, the House adjourned until 10 o'clock, to-morrow
morning.

0-

SATURDAY, November 24, 1868.
The House met pursuant to adjournment-a quorum present.
On motion, the reading of the journal of yesterday's proceed-
ings was dispensed with and the journal approved.
The rule being waived, the following bills were introduced
without previous notice:
By Mr. Cooper:
A bill to be entitled an act in relation to the admission of At-
torneys and Counsellors at Law.
By Mr. Henderson:
A bill to be entitled an act to repeal the 2d section of an act
entitled an act concerning Testimony, approved January 16th,
1866;
A bill to be entitled an act to punish Accessors to Murder;

86

A bill to be entitled an act to authorize the County Commis-
aioners of Hilsborough county to levy and collect an additional
Tax in said county, and for other purposes; also,
A bill to be entitled an act to continue in force an act entitled
an act for the relief of persons therein indicated, approved Jan.
36th, 1866.
By Mr. Wright:
A bill to be entitled an act to authorize the corporate author-
ities of the city of Pensacola to issue Change Bills.
The rule being waived, Mr. Moseley was allowed to offer the
following resolution:
Resolution to define the duties of Sergeant-at-arms and Door-
keeper of the House of Representatives:
Resolved by the House of Representatives of the State of Flor-
ida in General Assembly convened, That the Sergeant-at-Arms
and Door-Keeper shall assist the Messenger in the discharge of
his duties when they are not engaged in the duties belonging to
their respective offices.
Which was adopted.
On motion of Mr. Armistead, Mr. Anderson was excused from
further attendance on the House until Monday next.
Pursuant to previous notice, the following bills were intro-
duced:
By Mr. Bates:
A bill to be entitled an act for the registration of the names
of persons of color.
By Mr. Howse:
A bill to be entitled an act to amend the 12th section of as
act prescribing additional penalties for the commission of offen-
ces against the State, and for other purposes, approved January
35th, 1866.
Which were placed among the orders of the day.
Mr. Peeler of Leon presented a petition from R. H. Lowndes;
Which was read and on motion referred to the Committee on
Claims.
Mr. Humphreys presented the memorial of E. W. Cullen and
N. T. Armstrong, attorneys-at-law, to prepare a digest of the
laws of Florida;
Which was read and on motion, referred to the Committee on
the Judiciary.
Mr. Wright, from the Committee on Commerce and Naviga-
tion, made the following report:
The Committee on Commerce and Navigation, to which was
referred a bill to be entitled an act to authorize certain persons
therein named, to clear out Peas Creek, and for other purposes, re-
commend the passage of the bill with the annexation of an ad-
ditional section, which shall be designated the ninth section and
shall read thus:

87

Sec. 9. Be it further enacted, That in the event, that any dam-
age shall accrue to any steamboat, box, barge, flat or float, navi-
gating'said stream by reason of the failure or neglect of said
Summerlin and his associates, to comply with the requirements
of this act, the said Jacob Summerlin and his associates shall be
required to make full compensation for the damages thus sus-
tained.
H. T. WRIGHT, Chairman.
J. N. HADDOCK,
T. II. BRANCH.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Humphreys, from the Committee on the State of the
Commonwealth, made the following report:
The Committee on the State of the Commonwealth, to whom
was referred Joint Resolution requesting Hons. W. Call and
Wm. Marvin, Senators, and Hon. F. McLeod, Representa-
tive to resign their commissions, and to postpone indefinitely the
election of a United States Senator, to succeed Hon. Wm. Mar.
vin, have had the same under consideration and make the follow.
ing
REPORT:

That the right of representation in Congress is secured to each
State in the Constitution of the United States, and that they do
not think it can be given up, relinquished, or held in abeyance
by the General Assembly, and that if such power was vested in
the General Assembly, its exercise would be attended by conse-
quences of the most disastrous character. That a State in the
Union, much less its General Assembly, cannot impair or forfeit
this right, or indefinitely postpone the action necessary to main-
tain its relations with the general government. Such acts are
revolutionary. Constitutional provisions make it incumbent o,
the General Assembly to elect Senators to the Congress of the
United States, and we have no authority, in the opinion of your
committee, to postpone action on this subject indefinitely.
Should these gentlemen resign it would be our constitutional
duty to re-elect others.
Your Committee do not think that the General Assembly
should take any action looking to a vacancy in the representation
of the people in the House of Representatives of the Congress of
the United States.
The representatives in the lower branch of Congress are ame-
uable and responsible to the people alone, and we should not
think it proper in the General Assembly to request a resignation,
even when it objected to the incumbents on the ground that they
do not represent sentiments of the people, and should the present

88

incumbent resign, the proper officer of the Government must is-
sue writs of election to fill the vacancy at once.
In availing ourselves of our great constitutional right of repre
sentation in the Congress of the United States, we neither com-
promise our own dignity nor that of our representatives, because
an adverse Congress is guilty of the revolutionary act of refusing
to admit them to take their seats.
We do not send them to Washington as petitioners, but as the
representatives of a free people, to receive from their peers the
right to participate in the councils of the nation.
If there is any disgrace in the matter, it rests on the shoulders
of a Congress that can deliberately violate the Constitution of
the country to carry out the measures of a fanatical majority.
For these reasons the Committee deem it unconstitutional, un-
wise, and inexpedient to pass these resolutions.
F. C. HUMPHREYS, Chairman.
Which was read and the accompanying resolution placed
among the orders of the day.
Mr. Bates, from the Committee on Claims, made the follow-
ing report:
The Committee on Claims, to whom was referred the claim of
Gadsden county for money alleged to have been paid by said
county erroneously, and that the said county has overpaid, by
mistake, the sum of its indebtedness to the State of Florida.
REPORT :
That they have had the same under consideration, and that
for the want of sufficient data to ascertain all the evidence con-
nected with said demand, and that they have called upon the
Comptroller of the State for information as to the evidence
touching the merits of said demand, and that the Comptroller
has informed your committee that such information cannot be
given during the present session of the General Assembly, so
that your committee can give a fair and just statement of the ac-
sounts between the State and the said county. In view of the
above, and that justice may be done between the parties, your
committee most respectfully recommend that his Excellency, the
Governor, do appoint two commissioners, to act in connection
with the Comptroller of Public Accounts, whose duty, with the
said Comptroller, shall be to collect all the evidence connected
with the correct and true statement of the accounts between the
State of Florida and the said county of Gadsden, and to strike
a balance of the same, and that immediately upon their account
stated between the parties and their finding thereupon, they shall
report the same to his Excellency, the Governor, for his approval,
and if his Excellency shall approve the same the Comptroller of
Public Accounts, if the State shall be found indebted to the said

89

county of Gadsden, provided the same be approved by the Gov-
ernor, shall audit the amount so found due said county of Gads-
den; and if the county of Gadsden is found indebted to the State,
with like approval of the Governor, the Comptroller shall demand
from the said county of Gadsden the amount thus found ue
from the same to the State.
To carry into effect the above conclusion, your committee re-
eommend the passage of the accompanying joint resolution.
Respectfully submitted,
G. M. BATES, Chairman.
Which was read and the accompanying resolution placed
among the orders of the day.
Mr- Teasdale, from the Committee on Engrossed Bills, made
the following report:
The Committee on Engrossed Bills report the following Bills
and resolution as correctly engrossed, viz:
A bill to be entitled an act to consolidate the offices of Sheriff,
Tax Assessor and Collector of Santa Rosa county;
A resolution fixing the meaning of the proviso in the act passed
at the last session of the General Assembly for the removal of
the Seminary East of the Suwannee from Ocala to Gainesville;
A bill to be entitled an act to regulate labor;
A bill to be entitled an act for the relief of the estate of John
Broward, deceased;
A bill to be entitled an act regulating Assignments.; and
A bill to be entitled an act to regulate the Foreclosure of
Mortgages.
Very respectfully,
H. R. TEASDALE, Chm'n.
Which was read and the accompanying bills and resolution
placed among the orders of the day.
Mr. Oneal, from a special committee, made the following re-
port:
The committee to whom was referred a bill to be entitled an
act to Incorporate the Telegraph Company of Pensacola, beg
leave to report that they have had the same under consideration
and recommend its passage.
GEO. H. ONEAL, Chairman,
H. T. WRIGHT,
DUNCAN McMILLAN.
Which was read, and the accompanying bill placed among
the orders of the day.
A communication received from the Comptroller was read, and
on motion, referred to the Committee on Finance and Public
Accounts.
12

90

The following message was received from the Senate:
SANAT CHAMBBB,
November 23, 1886.
Non. J. J. WILLIAs,
Speaker House Repreesentatives:
Six-The Senate has this day passed the following bills, via:
A bill to be entitled an act to Untrammel Capital and to re-
peal all laws on Usury;
A bill to be entitled an act to amend an act, approved January
12, 1866, entitled an act to amend the several acts regulating
Pilotage on the St. Johns bar and river, and for other purposes;
A bill to be entitled an act to amend the Charter of the City
of Fernandina.
They have also passed, with amendments, the following House
bill, viz:
A bill to be entitled an act to Incorporate the Fernandina and
Sea Beach Railway Company.
I have the honor to be,
Very respectfully,
F. L. VILLEPIGUE,
Secretary of Senate.
Which was read and Senate bills placed among the orders of
the day, the amendments offered to the House bill concurred in,
and the bill ordered to be enrolled.
Also the following:
SBXATx CHAMBER,
November 23, 1866.
oHn. F. C. BAnBwrr,
Speaker pro tern. House Representatives :
SIR-I am directed by the Senate to transmit the enclosed
communication from his Excellency the Governor, and inform
the House that the Senate has advised and consented to the
nominations therein named.
I have the honor to be,
Very respectfully,
F. L. VILLEPIGUE,.
Secretary of Senate.

EXECUTIVE DEPARTMENT,
November 1866.
gentlemen of the General Assembly :
I respectfully make the following nominations for Auctioneers:
For the county of Duval-Wm. Baya, Wm. A. MeLean, L.
"Warruck and A. W. DaCosta.
For the county of Washington-A. M. Skipper.
For the county of Madison-S. H. Bunker.

91

Please certify the action of the Senate to the House of Repre-
entatives.
Respeotfully, your ob't serv't,
D. S. WALKER, Gov.

Which was read, and the nominations therein contained ad-
vised and consented to.
The rule being, waived, on motion of Mr. Teasdale, Mr. Gee
was added to the Standing Committee on Finance and Public
Accounts.
ORDERS OF THE DAY.

A bill to be entitled an act repealing certain sections of an act
entitled an act concerning Replevies, approved February 2, 1861,
Was read the first time, rule waived, read a second time by
iit title, and on motion, referred to the Judiciary Committee.
Resolution to establish a Mail Route,
Was read the first time, rule waived, read a second time by its
title, and on motion, referred to the Committee on Propositions
and Grievances.
A bill to be entitled an act requiring Judgments obtained in
Magistrates' Courts, to b'e recorded in the Clerk's office of the
Circuit Court of the county in which they are obtained,
Was read the first time, rule waived, read a second time by it
title and on motion, referred to the Judiciary Committee.
A bill to be entitled an act to amend the Attachment Laws of
ehis State,
Was read the first time, rule waived, read a second time by its
-itle, and on motion, referred to the Judiciary Committee.
The rule being waived, on motion of Mr. Bates, Mr. Williams
was added to the Committee on Claims.
The rule being waived, the following bill and resolution was
introduced without giving previous notice:
By Mr. Westcott:
Joint resolution in reference to a Conference Room :for the
A bill to be entitled an act to repeal an act entitled an act to
regulate Commissions for the Collection of Money;
Which was received and placed among the orders of the day.
A bill to be entitled an act to amend an act entitled and act to
prevent non-residents from hunting, either with or without dogs,
,guns or other fire-arms in the counties of Taylor and Lafayete,
Was read the first time and ordered for a second reading on
Monday.
A bill to be entitled an act to Define the Boundary Line be-
tween Walton and Holmes county,

92

Was read the first time, rule waived, and on motion, referred
'to a special committee of five, consisting of Messrs. Gunn, Mi-
sell, Hall, Johnson of Gadsden and Johnson of Sumter.
Messrs. Cooper and Haddock moved a call of the House;
Which was agreed to.
A quorum present.
A bill to be entitled an act in relation to the fees to be
charged, received and collected by officers of the State whose
fees are prescribed by law,
Was read the third time.
On motion of Mr. Brokaw, was placed back on its second read-
ing.
Mr. Westcott offered the following 'amendment:
Add the following section:
Section 2d. Be it further enacted, That the Comptroller df
Public Accounts, shall pay no costs in Criminal Prosecutions in-
curred by proceedings before any Justice of the Peace, unless said
bills are approved by the grand juries of the several counties evi-
denced by the certificate of the Foreman of the Grand Jury,
that there was probable cause for such proceedings in all cases.
Which was adopted.
Mr. Peeler of Leon moved to strike out the words fifty per
cent.;"
Upon which the yeas and nays were called for by Messrs. Pee-
ler of Leon and Bates, and were:
Yeas-Messrs. Bates, Branch, Brock, Brokaw, Collins, Coop-
er, Faulkner, Fife, Gunn, Hankins, Hewett, Hosford, Howse,
Johnston of Gadsden, Johnston of Sumter, McKinnon, McClel-
lan, McMillan, Moseley, Neal, Peeler of Leon, Stanford, Van-
Zant, Westcott, Whidden, Williams and Wills-27.
Nays-Mr. Speaker, Messrs. Armistead, Browne, Coulter, Gee,
Haddock, Henderson, Hendricks, Humphreys, Moring, Oneal,
Richardson, Teasdale and Wright-1.4
So the motion was agreed to.
Mr. Henderson moved to amend by inserting forty-nine per-
cent. :"
Upon which the yeas and nays were called for by Messrs.
Henderson and Teasdale, and were:
Ye:ts-Mr. Speaker, Messrs. Armistead, Arnau, Browne, Coul-
ter, (ee, Haddock, Henderson, Hendricks, Humphreys, McMil-
lan, Moring, Oneal, Richardson, Teasdale and Wright-16.
Nays-Messrs. Bates, Branch, Brock, Brokaw, Collins, Coop-
er, Durham, Faulkner, Fife, Gunn, Hankins, Hewett, Hosford,
Howse, Johnston of Gadsden, Johnston of Sumter, McKinnon,
McClellan, Mizell, Moseley, Neal, Peeler of Leon, Stanford, Van-
Zant, West, Westcott, Whidden, Williams and Wills-28.
So the motion was not agreed to.
Mr. Gee moved to amend by inserting forty per cent.:"

93

Upon which the yeas and nays were called for Messrs. Teas-
dals and Gee, and were:
Yeas-Mr. Speaker, Messrs. Armistead, Arnau, Browne, Coul-
ter, Gee, Haddock, Henderson, Hendricks, Humphries, McMil-
lan, Mizell, Moring, Oneal, Richardson, Teasdale and Wright-
17.
Nays-Messrs. Bates, Branch, Brock, Brokaw, Collins, Coop-
er, Durham, Faulkner, Fife, Gunn, Hankins, Hewett, Hosford,
Howse, Johnston of Gadsden, Johnston of Sumter, McKinnon,
McClellan, Moseley, Peeler of Leon, Stanford, VanZant, West,
Westcott, Whidden, Williams and Wills-27.
So the motion was lost.
Mr. Haddock moved to amend by inserting twenty-five per
cent.:"
Upon which the yeas and nays were called for by Messrs. Had-
dock and Faulkner, and were:
Yeas-Mr. Speaker, Messrs. Armisted, Arnau, Branch, Bro-
kaw, Browne, Cooper, Faulkner, Gee, Gunn, Haddock, Hender-
son, Hendricks, Humphreys, McKinnon, McMillan, Mizell, Mo-
ring, Moseley, Oneal, Richardson, Saxon, Teasdale, Westcott,
Williams and Wright-26.
Nays-Messrs. Bates, Brock, Collins, Coulter, Durham, Fife,
Hankins, Hewett, Hosford, Howse, Johnston of Gadsden, John-
ston of Sumter, McClellan, Neal, Peeler of Leon, Stanford, Van-
Zant, West, Whidden and Wills-20.
So the amendment was adopted.
The bill as amended ordered to be engrossed for a third read-
ing on Monday.
A bill to be entitled an act in relation to Escheats,
Was read the first time and ordered for a second reading on
Monday.
A bill to be entitled an act in relation to the offices of Comp-
troller of Public Accounts and State Treasurer,
Was read the first time, rule waived, read a second time by
its title, and on motion, referred to the Committee on Finance
and Public Accounts.
Resolution asking information of his Excellency, the Governor,
in relation to the Railroads of the State,
Was read the first time and ordered for a second reading on
Monday.
Resolution to adjourn present session of the General Assembly,
Was read first time, rule waived, read second time by its title
and ordered to be engrossed for a third reading on Monday.
A bill to be entitled an act Changing and Defining the Bound-
ary Line between Orange and Brevard counties,
Was read first time, rule waived, read second time by its title
and ordered to be engrossed for a third reading on Monday.

94

A bill to be entitled an act to authorize Planting and Bedding
Oysters in the waters of Escambia county,
Was read the first tirqp and ordered for a second reading on
Monday.
The rule being waived, Mr. Henderson, without previous a*-
tice, introduced the following bill:
A bill to be entitled an act to amend the laws providing the
mode in which Nominations to Offices shall be advised with an&
consented in.
Which was placed among the orders of the day.
A bill to be entitled an act to amend the laws relative to Sale
of Real and Personal Property by Executors and Administra
tors,
Was read first time, rule waived, read second time by its title
and referred to the Committee on the Judiciary.
Senate bill to be entitled an act relative to the Admission of
Attorneys at Law to Practice in the counties of this State,
Was read first time, rule waived, read second time by its title,
and on motion of Mr. Gee, laid on the table.
Senate bill to be entitled an act authorizing the county of Polk
to Issue Bonds, and for other purposes,
Was read the first time, rule waived, read second and third
times by its title and put upon its passage, upon which the vote
was:
Yeas-Mr. Speaker, Messrs. Armistead, Arnau, Bates, Branch,
Brock, Brokaw, Browne, Collins, Cooper, Coulter, Durham,
Faulkner, Fife, Gee, Gunn, Haddock, Hall, Hankins, Hendersona
Hendrieks, Hewett, Hosford, Howse, Humphreys, Johnston of
Gadsden, Johnston of Sumter, McKinnon, McClellan, McMillana
Mizell, Moring, Moseley, Neal, Overstreet, Peler of Leon, Rick-
ardson, Saxon, Stanford, Teasdale, West, Westcott, Whiddew,
Williams, Wills and Wright-46.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
The following message was received from the Senate:
SENATE CHAMBER,
November 24, 1866.
lion. F. C. BARRETT,
Speaker pro tern. of the House of Representatives:
Sri-The Senate has passed the following bills and resola-
tions, viz:
A bill to be entitled an act to provide for furnishing Artificial
Limbs to Maimed Soldiers;
A.bill to be entitled an act changing and defining the Bound-
ary of Dade county;
Resolution for the relief of Eliza Stewart;

95

A joint resolution authorizing his Excellency, the Governor,
to grant a general amnesty and pardon for crimes and misde-
meanors committed against the peace and dignity of the State
during the late war against the United States;
House bill to be entitled an act relative to the county officers
of Polk county; and
A bill to be entitled an act to establish a State Medical Board
Very respectfully,
F. L. VILLEPIGUE,
Secretary of the Senate.
Which was read and the Senate bills placed among the orders
of the day, and House bill which had passed the Senate ordered
to be enrolled.
On motion of Mr. Moring, the House took a recess until three
*'clock this afternoon.

THREE O'CLOCK, P. M.
The House resumed its session.
A quorum present.
Senate bill to be entitled an act to consolidate the offices of
Judge of Probate and Clerk of the Circuit Court in Calhoua
county, and for other purposes,
Was read first time, rule waived, read second and third times
by its title and put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Anderson, Armistead, Arnau,
Bates, Branch, Brock, Brokaw, Collins, Cooper, Coulter,. Dur-
ham, Faulkner, Fife, Gee, Gunn, Haddock, Hankins, Hendersoa,
Hewett, Hosford, Iowse, Humphreys, Johnston of Sumter, Mc-
Kinnon, McClellan, McMillan, Moring, Moseley, Neal, Overstreet,
Richardson, Stanford, Teasdale, West, Westcott, Whidden,
Williams and Wright-39.
Nays-None.
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 the charter of the
eity of Fernandina,
Was read first time, 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. Armistead, Arnau, Bates, Branch,
Brock, Brokaw, Collins, Cooper, Faulkner, Fife, Gunn, Haddock,
Hall, Hankins, Henderson, Hewett, Hosford, Howse, Humphrey'
Johnston of Sumter, McKinnon, McClellan, McMillan, Mieell
Moring, Moseley, Neal, Overstreet, Peeler of Leon, Richardson,

96

Saxon, Stanford, Teasdale, VanZant, West, Westcott, Whidden,
Williams, Wills and Wright-41.
Nays-None.
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 approved
January 12th, 1866, entitled an act to amend the several acts
regulating Pilotage on the St. Johns Bar and River, and for other
purposes,
Was read first time, rule waived, read second time by its title.
Mr. Williams moved to amend the bill by striking out "two
dollars and a half" and inserting two dollars;"
Which was not agreed to.
The bill was read third time and put upon its passage, upon
which the vote was:
Yeas-Mr. Speaker, Messrs. Armistead, Arnau, Bates, Branch,
Brock, Brokaw, Collins, Cooper, Coulter, Dickison, Durham,
Faulkner, Fife, Gee, Gunn, Haddock, Hall, Hankins, Henderson,
Hewett, Hosfbrd, Howse, Iumphreys, Johnston of Sumter, Mc-
Kinnon, McClellan, McMillan, Mizell, Moring, Moseley, Neal,
Overstreet, Peeler of Leon, Richardson, Saxon, Stanford, Teas-
dale, West, Westcott and Whidden-41.
Nays-Messrs. VanZant, Williams and Wills-3.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Senate bill to be entitled an act to establish a State Medical
Board,
Was read first time, rule waived, read the second time by its
title and on motion referred to a select committee consisting of
Messrs. Standford, West, Bates, Armistead and Williams, and
made the special order of the day for Wednesday next.
Senate bill to be entitled an act to untrammel Capital and to
repeal all laws on Usury,
Was read first time, rule waived, read second time by its title
and referred to Committee on Judiciary.
On motion of Mr. Branch, the House adjourned until Monday
morning ten o'clock.

97

MONDAY, Novenber 26th, 1866.

The House met pursuant to adjournment.
The Hon. Mr. Barrett, Speaker pro ter., in the chair.
A quorum present.
The. Rev. Dr. DuBose officiated as chaplain.
On motion, the reading of the journal of Saturday 's proceed-
ings was dispensed with and the journal approved.
Mr. Bates moved that the resolution fixing the meaning of the
proviso in the act for the removal of the Seminary East of the
Suwannee, from Ocala to Gainesville, be placed first among the
orders of the day.
Which was agreed to.
Pursuant to previous notice the following bills were intro-
duced:
By Mr. Haddock:
A bill to be entitled an act to amend the laws relating to the
retailing of spirituous liquors.
By Mr. Faulkne :
A bill to be entitled an act to consolidate the offices of the
Clerk of the Circuit Court and Judge of Probate of the county
of Taylor, and for other purposes.
By Mr. Durham:
A bill to be entitled an act to provide a system for the Educa-
tion of the Poor White Children of this State.
Which were placed among the orders of the day.
The rule being waived, the following bills were introduced
without previous notice:
By Mr. Westcott:
A bill to be entitled an act to amend an act regulating Ju-
dicial Proceedings, approved Nov. 21st, 1829; and
A bill to be entitled an act to amend the 35th section of an
act entitled an act concerning Wills, Letters Testamentary and
Letters of Administration, and the duties of Executors, Admin-
istrators and Guardians, approved 20th November, 1828.
Which were placed among the orders of the day.
Mr. Arnau presented a petition from Cristobal Bravo and
Michael S. Usina;
Which was read the first time and referred to the Committee
on Propositions and Grievances.
Mr. Collins offered a resolution relative to Thanksgiving;
Which was read, and on motion of Mr. Peeler of Leon, laid
on the table.
Mr. Humphreys, from the Committee on the State of the Com-
monwealth, made the following report:
The Committee on the State of the Commonwealth, to which
13

98

was referred a bill to provide for the better working of the Pub-
lic Roads in the counties of this State, have had the same under
consideration and beg leave, most respectfully, to make the fol-
lowing
REPORT:

That they have had the same under consideration and recom-
mend its passage with the following additional section :
SEC. 4. Be it further enacted, That the County Commissioners
of the several counties of this State are authorized and empow-
ered to put to work, on the roads of their respective counties, all
persons in confinement, by judgment of the several courts of this
State for crime, and that they should have authority to adopt all
measures necessary to put and to keep them at labor.
F. C. HUMPHREYS, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. West, from the Committee on Engrossed Bills, made the
following report:
The Committee on Engrossed Bills report the following bills as
correctly engrossed, viz :
A bill to be entitled an act for the relief of the city of Jack-
sonville;
A bill to be entitled an act in relation to Evidence;
A bill to be entitled an act to repeal an act to organize the
County Criminal Court, approved Jan. 11, 1866;
A bill to be entitled an act to repeal an act entitled an act to
establish and organize a Connty Criminal Court;
A bill to be entitled an act for the relief of Burroughs E.
Carr ;
A bill to be entitled an act making lawful certain conveyances
of real estate by Patience E. Smith, Administratrix of Joel Smith,
deceased; also,
A bill to be entitled an act to divide the county of Nassau and
organize a new county to be called Stewart county.
Respectfully submitted,
EDWIN WEST, Chairman.
Which was read and the accompanying bills placed among the
orders of the day.
Mr. VanZant from a select committee made the following re-
port:
The Select Committee to whom was referred a bill to be enti-
tled an act to legitimate and change the names of certain persons
therein named, respectfully report that they have had the same
under consideration, and herewith present a substitute for said
bill, entitled a bill to be entitled an. act to legitimate and make

99

heirs-at-law certain persons therein named, and recommend its
passage.
passaGARRETT VANZANT, Chairman.
Which was read and accompanping bill placed among the or-
ders of the day.
Mr. Hall from a special committee made the following report:
The Special Committee to whom was referred a bill to be en-
titled an act to-repeal an act entitled an act to make dogs taxa-
ble property, and for other purposes, approved January 16th,
1866, have had the same under consideration, and ask leave to
report that they do not consider the entire repeal of said act de-
sirable, but that a modification of the same may be proper. They
therefore, beg leave to submit a substitute for the bill submitted
to them which they recommend shall be passed.
R. H. HALL, Chairman.
J. N. HADDOCK,
J. A. HENDERSON.
Which was read and the accompanying bill placed among the
orders of the day.
ORDERS OF THE DAY.

Resolution fixing the meaning of the proviso in the act passed
at the last session of the General Assembly for the removal of
the State Seminary East of the Suwannee, from Ocala to Gaines-
ville,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Messrs. Anderson, Bates, Brock, Fife, Hendricks,
Howse, Johnston of Sumter, McClellan, Saxon, VanZant, West,
Whidden and Williams-13.
Nays-Mr. Speaker, Messrs. Branch, Brokaw, Collins, Cooper,
Faulkner, Haddock, Hall, Henderson, Hewett, Humphreys, Lang-
ford, McKinnon, Moring, Moseley, Oneal, Westcott and Wills
-18.
So the resolution did not pass.
A bill to be entitled an act to divide the county of Nassau and
organize a new county to be called Stewart county,
Was read third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Anderson, Armistead, Arnan,
Bates, Branch, Brock, Browne, Collins, Cooper, Fife, Gunn, Had-
dock, Hall, Hankins, Hewett, Howse, Humphreys, Johnston .of
Sumter, Lassiter, Langford, McKinnon, McClellan, Mizell, Mo-
ring, Moseley, Overstreet, Peeler of Leon. Richardson,: Stan-
ford, Teasdale, VanZant, West, Whidden and Wills--5.
Nays-None.
So the bill passed-title as stated.

100

.Ordered that the same be certified to the Senate.
The rule being waived, the following bills were introduced
without previous notice:
By Mr. Howse:
A bill to be entitled an act to define and limit the lien of par-
,ties making advancements to planters and other producers, and
for other purposes.
By Mr. Westcott:
A bill to be entitled an act relative to the accrued interest of
the Seminary Fund.
By Mr. Humphreysl:
A bill to be entitled an act to legalize the game of Kino in the
county of Escambia.
By Mr. O'Neal:
A bill to be entitled an act to repeal an act to give titles and
prevent unjust and vexatious litigation in the county of Es-
cambia.
By Mr. Cooper:
A bill to be entitled an act creating a separate Chancery Court
in each Judicial Circuit; also
A bill to be entitled an act in relation to the terms of the Cir-
cait Courts.
By Mr. VanZant:
A bill to be entitled an act for the relief of Margaret A. Goff.
Which were placed among the orders of the day.
A bill to be entitled an act regulating Assignments,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Arnau, Bates, Branch, Browne,
Collins, Cooper, Faulkner, Fife, Gunn, Hendricks, Hewett, Mc-
Clellan, Moseley, Peeler of Leon, Stanford, Westcott and Wills
-18.
Nays-Messrs. Anderson, Armistead, Brock, Coulter, Hall,
Hankins, Howse, Humphreys, Langford, Moring, Neal, Over-
street, Richardson, Teasdale, VanZant, West, Whidden and
Williams-18.
So the bill was lost.
A bill tobe entitled an act to regulate the Foreclosure of Mort-
Vages,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker,, Messrs. Anderson, Arnau, Bates, Brock,
Collins, Coulter, Faulkner, Fife, Haddock, Hall, Hankins, Hew-
ett, Howse, Humphreys, Johnston of Sumter, Langford, McKin-
.non, McClellan, Moring, Moseley, Neal, Oneal, Overstreet, Peel-
er of Leon,.Saxon, Stanford, YanZant, West, Whidden,: Wills
and Wright-88.

MILLISECOND	CLASS.METHOD	MESSAGE
0	sobekcm_page_globals.constructor
0	sobekcm_page_globals.constructor	Application State validated or built
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.constructor	Navigation Object created from URI query string
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.display_item	Retrieving item or group information
0	sobekcm_page_globals.get_entire_collection_hierarchy	Retrieving hierarchy information
0	sobekcm_assistant.get_entire_collection_hierarchy
0	cached_data_manager.retrieve_item_aggregation
0	cached_data_manager.retrieve_item_aggregation	Found item aggregation on local cache
0	item_aggregation_builder.get_item_aggregation	Found 'all' item aggregation in cache
0	system.web.ui.page.page_load (ufdc.page_load)
0	sobekcm_page_globals.constructor.on_page_load
0	html_echo_mainwriter.add_style_references	Adding style references to HTML
0	html_echo_mainwriter.add_text_to_page	Reading the text from the file and echoing back to the output stream
60	html_echo_mainwriter.add_text_to_page	Finished reading and writing the file