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

HOUSE JOURNAL-14th Seas.

A JOURNAL OF THE PROCEEDINGS

OF THE

HOUSE OF REPRESENTATIVES

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF FLORIDA,

AT ITS

FOURTEENTH SESSION,

BEGUN AND HELD AT THE CAPITOL, IN THE CITY OF TALLA-
IA88EE, ON MONDAY, DECEMBER 18, 1865.

TALLAHASSEE:
OFFICE OF THE FLORIDIAN:
PRINTED BY DYKE & 8PARHAWK.

1865.

JOURNAL

Of the House of Representatives of the State of Florida at its
Fourteenth Session of the General Assembly, under the revised
Constitution, begun and held at the Capitol in the City
of Tallahassee, in the State of Florida, on Monday, the 18th
day ofDecember, in the year of our Lord, one thousand eight
hundred and sityfive, being that fixed by the Constitution
of the State of Florida for the meeting of the General As-
sembly.
The House of Representatives was called to order at 12 o'clock
M., by Dr. William F. Bynum, former Clerk.
Mr. Barrett moved that the Hon. Joseph John Williams be
requested to take the chair for the purpose of organizing the
House ;
Which was agreed to.
The roll of Counties being called, the .following members ap-
peared and presented their credentials of election, viz:
From Alachua-F. C. Barrett.
From Calhoun-Henry Durham.
From Duval-Joseph, N. Haddock,
James A. Peden.
'wom JEscambia-Joseph A. Atkins.
Lewis Hyer.
From: Franklin-James A. Atkins.
From Gadsden-J. J. Dickison,
Miles M. Johnston,
William H. Gee.
From Hamilton-William L. Bush.
From Hernando-Walter T. Saxon.
From Jackson-John M. F. Erwin,
Henry J. Robinson,
L. C. Armistead,
Fran Jeferson-C. G. Fife,
Anderson Peeler,
A. M. Manning.
From Lafayette-William W. Hankins.
From Leon---Joseph John Williams,
G. Troup Maxwell,
P. B. Brokaw,
Anderson J. Peeler.
From Levy-William R. Coulter.

4

From Liberty-John W. Hosford.
From Madison-William P. Moseley,
Thomas Iapgford, .
From Mfarion'-George M. ates, f r'
E. D. Howse.
from Monroe-Joseph B. Browne.
mFom Polk-Daniel Stanford.' .
From Santa .osa-Duncan McMillan,.
.John McLellan.',
SFrom, Suwannee-C. Lassiter.
Wrom Taylor-James W. Faulkner.
From Wakulla-John S. Moving.
SFrom Walton-Daniel G.- Gunn,
John L., McKinnon. .
From Washington-Thomas Brock.
On motion, the following members came forward and were
sworn by E. M. West, Justice of the Peace:
Messrs. Armistead, Atkins, Barrett, Bates, Brock, Brokaw,
Browne, Bush', Coultr;, Dickison, Durham, Erwin, :Faulkner,
SFife, Gee, Gunn,' Haddock, Hankins, Hbsford,. Howse, Hyer,
Johnson of Gadsden, Lassiter, .Langford, Manning, Maxwell,
McKinnon, McMillan, Moring, Moseley, Peden, Peeler of Jeffer-
son, Peeler of Leon, Robinson, Saxon, Stanford and Williams of
Leon-37.
On motion of Mr. Coulter, the House proceeded to the elec-
tion of Speaker.
Mr. Barrett nominated Mr. Williamd of Leon County.
Mr. Gunn nominated Mr. Maxwell of'Leon County.
For Speaker the vote was:
For Williams-Messrs. Atkins, Barrett, Bates, Brokaw, Bush,
Coulter, Durham, Fife, Gee, Hankins, Howse, Lassiter, Lang-
ford, Manning, Maxwell, Moseley, Peden, Peeler of Jefferson,
Saxon and Stanford-20.
For Maxwell-Messrs. Armistead, Brock, Browne, Dickison,
Erwin, Faulkner, Gunn, Haddock, Hosford, Hyer, Johnson of
Gadsden, McKinnon McMillan, Moring, Peeler of Leon, Robin-
son and Williams of Leon-17.
Mr. Joseph John Williams of Leon was declared duly elected
Speaker of the House of Representatives.
The Speaker upon taking the chair, in a brief address, returned
his thanks to the members of the Hoiue for the honor conferred
upon him. '
The House then proceeded to the election of Chief Clerk.
Mr. Peden nominated Dr. Wm. Forsyth Bynum, of Suwannee
County.
There being no other nominations, on motion, Dr. Bynum was
declared elected by acclamation.

.5

Mr. Coulter moved that the Chief Clerk of the House of Rep-
resentatives be and he is hereby authorized to appoint two as-
:sistant clerks;
Which was agreed to.
The House proceeded to the election of Engrossinig Clerk.
Mr. Gunn nominated J. C. May.
Mr. Saxon nominated Edward Spencer.
Mr. Maxwell nominated D. C. Wilson, Jr.
The vote was:
For J. C. May-Messes. Brokaw, Dickison, Durham, Erwin,
Faulkner, Gee, Gunn, Johnson of Gadsden, McMillan, Moring,
Robinson--11.
For J. E. Spencer--Messrs. Bates, Brock, Browne, Howse,
Langford, Moseley, Saxon, Stanford-8.
For D. C. Wilson-Mr. Speaker, Messrs. Armistead, Atkins,
Barrett, Bush, Coulter, Fife, Haddock, Hankins, Hosford, Hyer,
Lassiter, Manning, Maxwell, McKinnon, Peden, Peeler of Jeffer-
sen, Peeler of Leon-17.
So there was no election.
The House proceeded to a second ballot for Engrossing Clerk,
with the following result:
For May-Messrs. Armistead, Atkins, Brock, Brokaw,: Dicki-
son, Durham, Erwin, Faulkner, Gee, Gunn, Johnson of Gadsden,
Peeler of Leon, Robinson-13.
For Wilson-Mr. Speaker, Messrs. Barrett, Bates, Browne,
Bush, Coulter, Fife, Haddock, Hankins, Hosford, Howse, Hyer,
Lassiter, Langford, Manning, Maxwell, McKinnon, MoMillan,
Moseley, Peden, Peeler of Jefferson; Saxon, Stanforid-22.
For Blank-Mi'. Moring-1.
Mr. David C. Wilson, Jr., was declared duly elected Engross-
ing Clerk.
The House proceeded to the election of Enrolling Clerk.
Mr. Erwin nominated Mr. MeGriff.
Mr. Brokaw nominated E. M. West.'
The vote was:
For E. M. West-Mr. Speaker,. Messrs. Barrett, Brokaw,
Browne, Fife, Maxwell, Moring, Peeler of Jefferson, Peeler of
Leon, Saxon-10.
For W. W. MeGriff-Messrs. Armistead, Atkins, Bates,
Brock, Bush, Coulter, Dickison, Durham, Erwin. Faulkner, Gee,
"Gunn, Haddock, Hankins, Hosford, Howse,.,Hyer, Johnson of
'Gadsden, Lassiter, Langford, Manning, McKinnon, McMillan,
Moseley, Peden, Robinson, and Stanford-27.
Mr. W. W. McGriff was declared duly elected Enrolling
'Clerk.
The House proceeded to the election of Recording Clerk.
Mr. Peeler of Leon nominated Mr. R. L. Bruce.

6

There being no other nomination, on motion Mr. R. L. Bruce
was declared elected by acclamation.
Mr. G. W. Floyd and Mr. Arthur Randolph were nominated
for Messenger.
The vote was:
For G. W. Floyd-Messrs. Armistead, Atkins, Barrett, Bates,
Brock, Bush, Coulter, Erwin, Gee, Gunn, Haddock, Hosford,
Howse, Hyer, Johns6n of Gadsden, Lassiter, Langford, McKin-
non, Moring,; Moseley, Peden, Peeler of Jefferson and Robin-
son-23. '
For A. Randolph-Mr. Speaker,, Messrs. Brokaw, Browne,
Durham, Faulkner, Hankins, Maxwell, McMillan, Peeler of Leon,
Saxon and Stanford--11.
Blank-Messrs. Fife and Manning-2.
So Mr. Floyd was declared duly elected Messenger of the
House.
Messrs. John Anderson and John H. Rhodes were nominated
for Sergeant-at-Arms.
The vote was:
For Mr. Rhodes-Mr. Speaker, Messrs. Armistead, Atkins,
Barrett, Bates, Brock, Brokaw, Browne, Bush, Coulter, Dicki-
son, Durham, Erwin, Gee, Gunn, Hankins, Howse, Hyer, John-
son of Gadsden, Maxwell, McKinnon, McMillan, Peden, Peeler
of Leon, Robinson and Stanford-26.
For Mr. Anderson-Messrs. Fife, Hosford, Lassiter, Langford,
Manning. Moring, Moseley,.Peeler of Jefferson and Saxon-9.;
Blank-Messrs. Faulkner and, Haddock-2.
So Mr. Rhodes was declared duly elected Sergeant-at-Arms.
Messrs. A. B. Campbell, George Bowen, John Anderson and
G. C. Townsend were nominated for Door-Keeper.
The vote was:
For Mr. Townsend-Messrs. Armistead, Atkins, Bates, Brock,
Browne, Durham, Erwin, Hosford, Howse, McKinnon, McMil-
lan, Moring and Robinson-13.
SFor Mr. Campbell-Messrs. Barrett, Bush, Coulter, Faulk-
ner, i.ee, Haddock, Hankins, Lassiter, Langiord, Moseley and
Stanford-11.
:For Mr. Bowen-Mr.: Speaker, Messrs. Brokaw, Dickison,
Gunn, Johnson of Gadsden, Maxwell, Peeler of Leon and Sax-
on-8.
For Mr. Anderson-Messrs. Fife, Manning, Peden and Peeler
of Jefferson-4.
There being no election, the House proceeded to a second
ballot.
On. the second ballot, the vote was:
For Townsend--Messrs. Armistead, Atkins, Bates, Brock,

7

Durham, Erwin, Gunn, Howse, McKinnon, McMillan, Moring,
Peeler of Jefferson, Robinson-12.
For Campbell--Messrs. Barrett, Browne, Bush, Coulter,
Faulkner, Fife, Hankins, Hyer, Langford, Manning, Moseley,
Stanford-12.
For Bowen-Mr. Speaker, Messrs. Brokaw, Dickison, Gee,
Haddock, Hosford, Johnson of Gadsden, :Lassiter, Maxwell,:
Peden, Peeler of Leon, Saxon-12.
There being no election, the House proceeded to the third
ballot.
On the third ballot the vote was:
For Townsend-Mersrs. Armistead, Atkins,:. Brock, Erwin,
McKinnon, McMillan, Moring, and Robinson-8.
For Campbell-Messrs. Barrett, Browne, Bash, Coulter.
Faulkner, Fife, Hankins, Hyer, Langford, Manning, Moseley,
Peeler of Jefferson, and Stanford-13.
For Bowen-Mr. Speaker, Messrs. Bates, Brokaw, Dickison,
Durham, Gee, Gunn, Haddock, Hosford, Howse, Johnson of
Gadsden, Lassiter, Maxwell, Peden, Peeler of Leon, and
Saxon-16. '
There being no election, the House proceeded to thefiburth
ballot. : .. :
On the fourth ballot the vote was:
For Campbell-Messrs. Barrett, Baowne, Bush, -Coulter,
Durham, Faulkner 'Fife, Hankinks, Hyer, Langford, Manihing,
Moseley, Peeler of Jefferson, and Stanford-14.
For Bowen-Mr. Speaker, Messrs. Bates, Brokaw, :Dicki-
son, Gee, Gunn, Haddock, Howse, Johnson of Gadsden, Lassi-
ter, Maxwell, Peden, Peeler of Ldon, and Saxon--14.'
For Towniseid-Messrs. Armistead, Atkins, Brock, Erwin,
Hosford, McKinnon, McMillan, Moring, and Robinson-9. I
On motion bf Mr. Peden, the candidate receiving the least
vote on the next ballot lie'withdrawn. Agreed to. :
On the fifth ballot the vote was: :
For Mr. Towisend-Messrs. Brock, Erwin and:McMillan-8.
For Mr. Campbell--Messrs. Barrett, Browne, Bush, Coulter,
Durham, Faulkner, Fife; Hankins, Hyer, Lassiter,' Langford,
Manning, McKinnon, Moseley, Peeler' of Jefferson and Stan-
ford--l.
For Mr. Bowen-Mr. Speaker, Messrs. Armistead, Atkins,
Bates, Brokaw, Dickison, Gee, Gunn, Haddock, Hosford, Howse,
Johnson of Gadsden, Maxwell, Moring, Peden, Peeler of Leon,
Robinson and Saxon-18.
Mr. Townsend having received the least number 'of votes, his
name was withdrawn.
On the sixth ballot the vote was:
For Mr. Campbell-Messrs. Barrett, Brook, Browne, Bush,

8

Coulter, Faulkner, Fife, Hankins, Hyer, LT.aii:,'r.l Manning,,
McMillan, Moring, Moseley and Stanford-15.
For Mr. Bowen-Mr. Speaker, Messrs. Armistead, Atkins,.
Bates, Brokaw, Dickison, Durham, Erwin, Gee, Gunnj Haddopk,,
Hosford, Howse, Johnson. of Gadsden, Lassiter, Maxwell, Mc-- .
Kinnon, i'eden, Peeler of* Jefferson, Peeler of Leon, Robinson,
and Saxon-22.
Geo. A. Bowen having received the largest number of votes,,
was declared elected Door-Keeper..
Mr. Maxwell moved that a committee .of three be appointed
to inform the Senate that the House of Representatives is now-
organized and ready to proceed to business, and that the same
committee be a part of a joint committee with a similar commit-
tee to be appointed by the Senate, to wait upon the Provisional
Governor and inform him of the organization and readiness to.
receive any communication he may be pleased: to make;
Which was agreed to, and Messrs. Maxwell, Browne and
Erwin, appointed said committee.
Mr. Maxwell moved that the Sergeant-at-Arms be required to'
furnish the House with stationery, &c., and that the Clerk fur-
nish each member with a copy of the constitution and journals.
of the last convention;
Which,was agreed to.
Mr. Brokaw moved that a committee be appointed to select a
Chaplain for this House; .
Which was agreed to, and& Messrs. Brokaw, Bates and Bush,
appointed said committee.
Mr. Barrett moved that the rules of'the last House be adopted
for the government of the House until: new rules are adopted;
Which was agreed to.
Mr. Maxwell moved that a committee of five-be appointed by
the Speaker to contract for the necessary printing which may be
required for this House;
Which was agreed to, and .Messrs.. Maxwell, Dicjison, Coul-
ter, Moseley and Fife, appointed said committee.
Mr. Gee moved that. the Clerk procure for the use of the
House 100 copies of the rules of the last session;.
Which was agreed to.
Mr. ,eden: moved that the Committee on printing' be in--
structed to.:agree ,that the, printing of the House -shall be done
within i certain time; .
Which was agreed to.
On motion, the following House officers were sworn by E. M.
West, Justice of the Peace:
J. W. Tompkins, John W. Malone, David C. Wilson, R. L.
Bruce,;J. W. McGriff, G..W. Floyd, J. H. Rhodes and Geo..A.
Bowen.

9

On motion of Mr. Haddock, the House adjourned until 12
o'clock, M., to-morrow.

-o--

TUESDAY, Dec. 19, 1865.

The House met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Armistead, Atkins, Barrett, Bates,
Brock, Brokaw, Browns, Bush, Coulter, Dickison, Durham,
Erwin, Faulkner, Fife,&'ee, Gunn, Haddock, Hankins, Hosford,
Howse, Hver, Johnston of Gadsden, Lassiter, Langford, Man-
ning, Maxwell, McKinnon, McMillan, Moring, Moseley, Peden,
Peeler of Jefferson, Robinson, Saxon, and Stanford-36.
So there was a quorum present.
The Rev. J. E. DuBose officiated as Chaplain.
On motion of Mr. Barrett the reading of yesterday's journal
was dispensed with.
Mr. Peden moved that a committee of three be appointed on
the part of the House to act with a similar committee on the
part of the Senate, as a Joint Committee, to revise and amend
the rules for the government of this General Assembly, and re-
port as early as practicable;
Which was agreed to, and Messrs. Peden, Bates and Gee ap-
pointed said Committee.
Mr. Coulter moved that the Messenger of the House be re-
quested to furnish each member thereof with a copy of Thomp-
son's Digest;
"Which was not agreed to.
A committee from the Senate appeared at the bar and inform-
ed the House that the Senate was now organized and ready to
proceed to business.
Notice was given of the intention to introduce the following
bills at some future day, viz.:
By Mr. Barrett:
A bill to be entitled an act to incorporate the town of Gaines-
ville, in the county of Alachua.
By Mr. Peden:
2

10

A bill to be entitled an act in relation to judicial proceedings
and the appointment of referees in certain cases ;
A bill to be entitled an act to alter the mode of selling school
and seminary lands;
A bill to be entitled an act to amend and re-enact and embody
the following acts: Act March 15, 1843, pp. 55 and 56, pam-
phlet; act March 11, 1845, pp. 23 and 24, pamphlet; and act
January 22, 1851, pp. 125 and 126, pamphlet;
A resolution in relation to the exemption of homestead and
other property from Execution, Attachments and Distress;
"A resolution in relation to Disabled Soldiers;
"A bill in relation to Judicial Decisions and the evidence of the
law, in other States;
A bill to be entitled an act in relation to liabilities incurred
during the war, and to provide for the equitable settlement
thereof;
"A resolution in relation to State officers;
"A bill to be entitled an act in relatfib to Apprentices;
"A bill to be entitled an act in relation to Escheated Lands, and
"A bill to be entitled an act to facilitate the collection of Taxes
and the registration of grants of Lands and Donations.
The committee appointed on the part of the House to act with
a similar committee on the part of the Senate, to inform the
Governor of their organization, reported and were discharged.
Mr. Brokaw, from a Select Committee,-made the following
report:
The Committee appointed to select a Chaplain have authorized
me to report the Rev. J. E. DuBose as Chaplain for this House.
P. B. BROKAW, Chairman.
Which was read and adopted, and ordered to be spread upon
the Journals.
Mr. Maxwell, from the Committee on Printing, made the fol-
lowing report:
The Committee to which was assigned the duty of contracting
for the necessary printing for the House, beg leave to make the
following report:
That they have received the following proposition from
Messrs. Dyke & Sparhawk, of the Floridian, the only printers
in the city who desire to do the work-the proprietors of the
Sentinel having declined to offer a bid-viz.:
FLORIDIAN OFFICE,
Tallahassee, December 18, 1865.
Hon. G. T. MAXWELL,
Chairman Committee on Printing, &c.
Sir: In reply to your application, we have the honor to pro-
pose to do the printing of the House at the following rates:
For all miscellaneous printing, such as daily slips of proceed-

11

ings, (to be laid on the tables of members every morning,) mes-
sages, reports of committees, bills, &c., one and a half (1)
cents the hundred words, counting one hundred copies. All
over one hundred copies, to be charged at the same rate per
hundred words.
For 500 copies of the Journal, to be printed in pamphlet
form, and to be delivered as soon after the adjournment as pos-
sible, say ten days, four (84.00) dollars per page, counting one
copy.
These rates are higher than obtained before the war,
but are not beyond the increase in the price of labor, and all
materials used in and about a printing office-the article of pa-
per alone bearing now thricefold the price it did in 1860, '61.
Very respectfully,
DYKE & SPARHAWK.
Notwithstanding the large advance in prices, we believe that
the terms are not disproportionate to the increase of other labor
and property. We therefore have concluded to make the con-
tract on the proposed terms.
All of which is respectfully submitted.
G. TROUP MAXWELL, Chairman.
Which was read and concurred in.
The committee appointed on yesterday to inform the,Senate
of the organization of the House reported that they had per-
formed their duty and were discharged.
The following communications were read and ordered to be
spread upon the journal:
OFFICE OF THE SECRETARY OF STATE,
Tallahassee, Dec. 19, 1865.
Hon. Jos. JOHX- WILLIAMS,
Speaker of the House of Representatives :
SIR: I am ready to turn over the returns of the election for
Governor and Lieutenant-Governor as soon as it may be your
pleasure to receive them. No returns have been received from
the counties of Dade, Brevard, Orange and Volusia, and I am
informed that no poll was opened in the county of Dade. Re-
turns from the other counties are expected by this evening's
train.
I would further remark that information of the vote given for
Governor and Lieutenant-Governor in those counties which
failed to send up separate certificates of result, can be obtained
from returns on file in this office.
I have the honor to be,
Very respectfully,
B. F. ALLEN,
Secr'y of State.

12

HOUSE OF REPRESENTATIVES,
December 19th, 1865.
Hon. Jos. JoHn WILLIAMS,
Speaker of the House of Representatives:
SIm-In pursuance of a resolution directing me to appoint two
Assistant Clerks, adopted by the House on yesterday, I deem it
my duty to report to the House that I have appointed Messrs.
John W. Tompkins of Columbia, and John W. Malone of Gads-
den, Assistant Clerks as aforesaid.
Very respectfully,
WM. FORSYTH BYNUM,
Clerk of the House of Representatives.
The rule being waived, Mr. Peden moved that on to-morrow
morning when the Clerk calls the roll, that each member give his
post office, and that the same be published with the journal of
the House;
Which.was agreed to.
The Speaker announced the following Standing Committees :
STANDING COMMITTEES OF THE HOUSE.
Committee on Judiciary. On Federal .Relations.
Messrs. PEDEN, Messrs. MAXWELL,
FIFE, SAXON,
PEELER of Leon, McMILLEN,
HENDERSON, PEELER of Jeffer'n,
JONES. ROBINSON.

On Claims.
Messrs. BATES,
ATKINS,
BROKAW,
VANZANT,
MANNING.
On Finance S& Public Accounts
Messrs. TEASDALE,
MORNING,
ERWIN,
MOSELEY,
WILLIAMS of Baker
On Commerce and Navigation
Messrs. WRIGHT,
COULTER,
BROWNE,
HADDOCK,
BRANCH.

On Taxation and Revenue. -
Messrs. GEE,
GUNN,
STANFORD.
BUSH,
HENDRICKS.
S On Corporations.
Messrs. BARRETT,
IYER,
DICKISON,
COLLINS,
S WEST.
On Agriculture.
Messrs. MOSELEY,
WILLS,
MIZELL,
BROCK,
HEWETT.

13

On Elections.
Messrs. HALL,
NEAL,
McMILLAN,
LASSITER,
JOHNSTON of Su'tr.
On Internal Improvements.,
Messrs. BROWNE,
HOWSE,
BRORAW,
HANKINS,
WRIGHT.
On State of Commonwealth.
Messrs. ERWIN,
LANGFORD,
GREENE,
ARMISTEAD,
ARNAU.
On Militia.
Messrs. MAXWELL,
DICKISON,
PEELER of Leon,
McKINNON,
SAXON.
On lPblic Lands.
Messrs. DICKISON,
JONES,
BARRETT,
LASSISER,
BUSH.

On _Propositions 6& Grievances.
Messrs. FIFE,
HENDRICKS,
FAULKNER,
ATKINS,
JOHNSTON of Gad.
On Indian Affairs.
Messrs. STAFFORD,
HADDOCK,
HENDERSON,
LANGFORD,
HOSFORD.
On Schools and Colleges.
Messrs. PEELER of Leon,
HALL,
ROBINSON,
GUNN,
COULTER.
On .Enrolled Bills.
Messrs. PEELER of Jeffer'n,
HYER,
BATES,
VANZANT,
McMILLAN.
On Engrossed Bills.
Messrs. WEST,
MANNING,
TEASDALE,
MORNING,
DURHAM.

The rule being waived, Mr. Barrett moved that 100 copies of
the Standing Committees be printed for the use of the House;
Which was agreed to.
On motion, the House took a recess until 1 o'clock, P. M.

1 O'CLOCK, P. M.

The House resumed its session.
The roll being called the following members answered to their
names:
Mr. Speaker, Messrs. Armistead, Atkins, Barrett, Brock, Bro-

14

kaw, Browne, Dickison, Erwin, Faulkner, Fife, Gee, Gunn, Had-
dock, Hankins, Hosford, Howse, Hyer, Johnston of Gadsden,
Lassiter, Manning, Maxwell, McKinnon, McLellan, McMillan,
Moring, Peden, Peeler of Jefferson, Peeler of Leon, Robinson
and Saxon-30.
SMr. Barrett moved that the Sergeant-at-Arms be sent for all
absent members;
Which was agreed to.
On motion of Mr. Barrett, further call of the House was dis-
pensed with.
On motion of Mr. Erwin, a committee of three was appointed
to notify the Senate that the House was ready to canvass the
vote for Governor and Lieutenant-Governor of the State of
Florida.
In accordance with said motion, Messrs. Erwin, Atkins and
Hyer were appointed said committee.
The committee appointed to inform the Senate that the House
was ready to canvass the vote for Governor and Lieutenant-
Governor retired, and, after a short absence, returned and re-
ported that they had performed their duty and were discharged.
The Senate entered the Hall.
The President, pro tem., took a seat in the Speaker's desk.
The result of the canvass was:
For Governor-D. S. Walker 5,873. Scattering 8.
For Lieutenant-Governor-W. W. J. Kelly 2,470.
T.A. McDonell983. Scattering 41.
The Hon. David S. Walker was declared by the Speaker of the
House duly elected Governor, and William W. J. Kelly, Lieut.
Governor, for four years from the first Monday of October,
1865. .
On motion, the Joint Assembly adjourned.
The following message was received from the Senate:
SENATE CHAMBER,
Tallahassee, Dec. 19th, 1865.
"HoIn. J. J. WILLIAMS,
Speaker of the HIoouse of Representatives :
SIn-The Senate has this day passed the following resolu-
tion, viz:
Resolution asking the President of the United States to extend
executive clemency to John H. Gee, of Florida.
Very respectfully,
BOLLING BAKER,
Secretary of Senate.
Which was read and the accompanying resolution placed
among the orders of the day.

15

ORDERS OF THE DAY.

Senate resolution asking the President of the United States to
extend executive clemency to John H. Gee of Florida,
Was read the first time.
On motion of Mr. Peeler of Leon, the rule was waived, and
the resolution read the second and third times by its title, and
put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Armistead, Atkins, Barrett,
Bates, Brokaw, Browne, Coulter, Dickison, Durham, Erwin,
Faulkner, Fife, Gee, Gunn, Haddock, Hankins, Hosford, Howse,
Hyer, Johnston of Gadsden, Lassiter, Langford, Manning, Max-
well, McKinnon, McMillan, Moring, Moseley, Peden, Peeler of
Jefferson, Peeler of Leon, Robinson, Saxon, and Stanford-35.
Nay-Mr. Bush-1.
So the resolution passed, title as stated.
Ordered that the same be certified to the Senate.
Mr. Peeler of Leon, moved that a committee of three be ap-
pointed by the House to wait upon the Senate and ask that a
similar committee be appointed, to unite with the committee of
the House, in waiting upon his Excellency, D. S. Walker, Gov-
ernor elect, and W. W. J. Kelly, Lieutenant Governor, and in-
form them of their election, which committee should also be
charged with the duty of making arrangements for the inaugu-
ral of the Governor elect;
Which was agreed to, and Messrs. Peeler of Leon, Barrett
and MeKinnon, appointed by the Speaker, said committee.
On motion of Mr. Howse, the House adjoourned until to-mor
row morning, 10 o'clock.

---o---

WEDNESDAY, Dec. 20th, 1865.

The House met pursuant to adjournment.
The roll being called the following members answered to their
names:
Mr. Speaker, Messrs. Armistead, Atkins, Barrett, Bates, Brock,
Brokaw, Bush, Coulter, Dickison, Durham, Erwin, Faulkner,
Fife, Gee, Gunn, Haddock, Hankins, Hosford, Hewse, Hyer,

16

Johnson of Gadsden, Lassiter, Langford, Manning, Maxwell,
McKinnon, McMillan, Moring, Moseley, Peden, Peeler of Jeffer-
son, Peeler of Leon, Robinson, Saxon and Stanford-36.
So there was.a quorum present.
The Rev. J. E. DuBose officiated as Chaplain.
On motion of Mr. Erwin, the reading of the journal of yester-
day's proceedings was dispensed with.
On motion of Mr. Coulter, the following members presented
their credentials and were duly sworn by C. H. Austin, Notary
Public, and took their seats:
Columbia county-Thomas R. Collins and Garrett VanZant.
Alachua R. H. Hall.
Clay T. J. Hendricks,
Jackson Wm. M. C. Neal.
Hamilton Edwin F. West.
Baker Samuel N. Williams.
Bradford W. W. Wills.
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 to provide for the revision, colla-
tion and digesting of the whole public statute law of Florida;
also,
A bill to be Entitled an act to alter the terms of the Circuit
Court of the Middle Judicial District of Florida.
By Mr. Coulter:
A bill to be entitled an act to protect orphans and to make
permanent provision for the poor.
By Mr. Peeler of Jefferson:
A bill to be entitled an act to establish uniform weights and
measures throughout the State of Florida; also,
A bill to be entitled an act to provide the mode and manner
in which certain officers therein named may be removed from
office for incapacity, misconduct, drunkenness, inattention to
business, or willful neglect of duty.
By Mr. Stanford:
A bill to be entitled an act to change the judicial proceedings
in criminal:cases; also,
A bill to be entitled an act for the relief of Louis Launs, ad-
ministrator of the estate of John I. Hooker, late of Polk county,
deceased.
Pursuant to previous notice, Mr. Barrett introduced the fol-
lowing bill, viz:
A bill to be entitled an act to incorporate the town of Gaines-
ville in Alachua county, Florida;
Which was placed among the orders of the day.
Mr. Peden introduced the following resolution:

17

Resolved, That the different officers connected with the gov-
ernment of the State, at the capital, be requested to continue in
their offices and keep them open during the actual daily sitting
of the Legislature ;
Which was adopted
Mr. Howse introduced a resolution to authorize the Governor
to appoint a suitable person or persons to Digest the Laws of
Florida;
Which was read and ordered to be placed among the orders
of the day.
The House committee appointed on yesterday to wait upon
the Senate and ask that a similar committee be appointed to unite
with the House committee to wait upon his Excellency, D. S.
Walker, Governor elect, and W. W. J. Kelly, Lieutenant Gov-
ernor, and inform them of their election, and charged with the
duty of making arrangements for the inauguration of the Gover-
nor elect, reported that they had performed their duty and were
discharged.
Mr. Hall presented a communication in reference to contested
election in Brevard County;
Which was read and referred to the Committee on Elections.

ORDERS OF THE DAY.

A bill to be entitled an act to incorporate the town of Gaines-
ville,
Was read'the first time by its title and passed over informally
till to-morrow.
A resolution to authorize the Governor to appoint a suitable
person or persons to Digest the Laws of Florida,
Was read the first time and ordered for a second reading on
to-morrow.
On motion of Mr. Erwin, the House took a recess until 15 min-
utes before 12 M.

15 MINUTES BEFORE 12 O'CLOCK.

The House resumed its session.
The roll being called the following members answered to their
names:
Mr. Speaker, Messrs. Armistead, Atkins, Barrett, Bates,
Brock, Brokaw, Browne, Bush, Collins, Coulter, Dickison, Dur-
ham, Erwin, Faulkner, Fife, Gee, Gunn, Haddock, Hall, Hankins,
3

18

Ifendricks, Hosford, Howse, Hyer, Johnston of Gadsden, Lassi-
ter, Langford, Manning, Maxwell, McKinnon, McMillan, Moring,
Moseley, Neal, Peden, Peeler of Jefferson, Robinson, Stanford,
VanZant, West, Williams of Baker and Wills- 43.
A quorum present.
Mr. Maxwell moved that a committee of three be appointed to
wait upon the Senate and inform them that the House was in
session and ready to proceed to the inauguration of the Gover-
nor;
Which was agreed to, and Messrs. Maxwell, Peeler of Jeffer-
son and Erwin appointed said committee.
The committee appointed to wait upon the Senate and inform
them that the House was in session and ready to proceed to the
inauguration of the Governor, returned and reported that they
had performed their duty, and were discharged.
The time having arrived agreed upon by the House and Sen-
ate for the inauguration of the Governor elect of the State of
Florida, the Senate entered the Hall.
The joint meeting was organized by the President of the Sen-
ate taking the Chair.
The Hon. WM. MJlAVIN, Provisional Governor, arose and an-
nounc-d in the following address, that the Hon. DAVID S.
WALKER, recently elected Governor of the State of Florida,
would now be inaugurated:

Mr. President, Ir. Speaker, and Gentlemen
of the Senate and House of Representatives :
When I assumed the duties of Provisional Governor in
this State, in the first days of August last, I found the civil
government of the State overthrown and prostrate, and mar-
tial law everywhere prevailing. This was a painful, anoma-
lous and unnatural state of things.
The Constitution of the United States guarantees to each
State in the Union a republican form of government, and
the chief object contemplated by the President in app pointing
for the State a Provisional Governor, under the circumstances
of the case, was, that the latter might make such rules and
regulations as were necessary to enable the people of tile
State to assemble in Convention, and, accepting the results
of the war, adopt such measures as were necessary to re-es-
tablish a State government, republican in form, and restore

19

the natural and normal relations of the State with the gene-
ral government.
I entered upon the duties of my office with zeal and earnest-
ness, and notwithstanding the difficulties to be encountered
in consequence of the total absence of any mail facilities in
many parts of the State, and very insufficient ones in others,
yet the facilities so generously furnished me by Major-Gene-
ral FosTER, the commander of the military department of
the State, enabled me to distribute, through military couriers,
the proclamation and poll-books for an election; and an
election was held on the 10th day of October in every county
of the State for delegates to a Convention. The Convention
assembled at the Capitol in this city on the 25th day of the
same month, all the counties but two being fully represented.
The aggregate vote of the State was 6,707, being considera-
ble more than one-half of the votes usually polled at a gene-
ral election in times of party contests, and this, too, notwith-
standing in very many counties no opposing candidates were
run. The Convention, therefore, represented the mass of
the people, and the Constitution adopted and the ordinances
passed by that body are founded upon the consent of the
people of the State, regularly expressed by and through
their delegates duly elected.
The Convention incorporated into the Constitution a clause
declaring that neither slavery nor involuntary servitude
shall in future exist in this State, except as a punishment
for crime, whereof the party shall have been convicted by
the Courts of this State, and that all the inhabitants of the
State, without distinction of color, are free, and shall enjoy
the rights of person and property without without distinc-
tion of color; and that in all criminal proceedings, founded
upon an injury to a colored person, and in all cases affecting
the rights and remedies of colored persons, no person shall
be incompetent to testify as a witness on account of color."
It opened the courts of justice alike to all persons. It repu-
diated the State debt contracted in support of the rebellion,
and annulled the ordinance of secession. This action of the

20

Convention was at the time eminently satisfactory to me,
and I have reason to believe has proved so to the President.
It is under this Constitution, the fundamental law of the
State, that you are now assembled, and the government is
being organized. It is this Constitution that you have sworn
to support.
Soon after the Convention adjourned, at its request and
by virtue of its authority, 1 directed the civil officers of the
government to resume the exercise of the functions of their
respective offices, which had been hitherto and for some
months previous suspended. The civil law governs in the
State at the present time in all matters except in the trial
and punishment of certain high crimes, reserved for the
present to the military authorities. I also issued a procla-
mation, at the request of the Convention, directing the mi-
litia of the State to be organized and inviting the formation
of volunteer companies to be employed, if the occasion should
require it, in the support of the civil authorities, and the
preservation of the publicpeace and order. It is not intended,
however, that the militia or volunteer troops shall appear
under arms before they have received special orders from
myself or the constitutional Governor, unless in some unfore-
seen case of justifiable necessity. The admirable disposition
made of the white troops of the United States, by the Gene-
ral in command, will secure the peace and quiet of the State,
if the civil authorities do their duty, as I have no doubt they
will. The colored troops have nearly all been removed from
the interior of the State to the seaboard, and I am assured
that the remainder will be just as soon as the interest of the
public service will permit it.
It is under these circumstances and at this point in the
progress of the reconstruction of the State government, that
I have the honor and the very great pleasure to present to
you the Honorable DAVID S. WALKER, lately elected by the
qualified voters of the State to be its constitutional Governor
for the next four years. The admirable qualifications of
Governor WALKER for this important office have been recog-

21

nized by the people by his unanimous election. It would,
therefore, be but idle vanity in me to suppose that I can say
anything which would recommend him more fully to the
respect and confidence of the General Assembly or the people.
I know, gentlemen, that you will appreciate his good sense,
his intelligence, his equanimity of temper, his integrity of
character, and above all, his sincere and earnest love of jus-
tice, a quality above all others most essential in the charac-
ter of the Chief Magistrate of the State. I know, too, that
you will respect his official character and give earnest atten-
tion and consideration to such measures as he may, in com-
pliance with his constitutional duty, deem it expedient to
recommend to you.
The State government enters upon its new career under
circumstances of very great difficulty and embarrassment.
The people are left by the war greatly impoverished, and
are ill prepared to pay taxes. The State Treasury is empty.
Taxes upon the lands of the State are due to the Treasury
f the United States to the extent of $77,520, less a small
part heretofore collected, mostly by the sale of lots and
houses at St. Augustine and Fernandina. The labor of the
country is disorganized and demoralized, and the whole
fabric of society more or less disturbed by the constant fric-
tion and irritation produced by this novel state of things.
Mai'tial law continues to exist for the punishment uf the
higher crimes and offences, and may at any time be extended.
The State has not resumed its normal and constitutional re-
lations with the general government, and it depends upon
the action of Congress whether it may immediately be per-
mitted to do so or not. This Congress was elected at a time
when the civil war was raging, and whether its members are
prepared to believe in the sincerity of our avowed declara-
tions when we declare our desires to be represented on the
floor of Congress and to abide hereafter, for weal or woe,
whatever fate may befall the nation, is more than I can say.
But our condition cannot be improved by folding our hands
and sitting down in idle despair. We need to look calmly,

22

dispassionately and earnestly at our real and true condition,
and realize it in all its force, and then we ought patiently,
enduringly and faithfully to labor to improve it. It appears
to me, that, by wise legislation, and a just and impartial
administration and enforcement of the laws which shall pro-
tect and secure all persons alike, without distinction of color,
in all their just rights of person and property, and which
shallgive an easy and cheap remedy to the laborer for the
collection of his wages, much may be done towards restoring
confidence and kind feelings between the employer and the
employed, and encouraging the industry of the country.
Let the laborer be protected against impositions upon his
ignorance in making his contract, so that he shall fully
understand it, and let him feel fully assured that he has. an
easy and cheap remedy in the Courts of law for the recov-
ery of his wages if they should be unjustly withheld from
him, and many white and colored persons will be inclined
to enter into contracts to labor, who would not otherwise do
so. It is all-important to the successful cultivation of corn
and cotton, that the planter should be able to rely at all
times upon having a sufficient number of hands in his ser-
vice to make and gather the crop, and this takes nearly or
quite all the year. He must hire his laborers by the year,
and it seems to me that in the present condition of the
laboring force in this country, it is all-important to the in-
terest of the country that he should have some security that
the laborer will not leave his employment at a time when
his services are most needed. The ordinary remedies known
to the common law for the non-performance of a contract
to labor, afford him no security, for the laborer, as a general
thing, has no goods or chattels, lands or tenements, to levy
upon under an execution. It seems that some remedy
ought to be provided by the Legislature in such cases.-
What that remedy ought to be, may tax the ingenuity of
the Legislature to devise, and perhaps it will only be learned
by experience, but it appears to me that it would be wise
for the Legislature to provide by law, that where the laborer

23

has entered into a contract in writing before the Judge of
Probate or a Justice of the Peace, to labor upon a planta-
tion for one year for wages or a part of the crop, and the
contract specifies the wages to be paid and the food to be
given, that if the laborer abandons the service of his em-
ployer, or is absent therefrom two days without the leave of
his employer, or fails without' just cause in other important
particulars to perform his part of the contract, that then he
may be arrested by the proper tribunal, and if found guilty
on a hearing of the case, be sentenced to labor during the
unexpired term, without pay, upon the highways, in a gov-
ernment workshop, or upon a government plantation to be
rented or bought either by the State or by the different
County Commissioners in their respective counties, and
there subjected to such oversight and discipline as may be
found to be necessary.
Much may be done, too, to stimulate the industry of the
country and protect it against pauperism, by passing wise
laws upon the subject of vagrants and providing for their
employment, being careful not to include in this class per-
sons who are not really so.
The old and infirm, who are destitute and incapable of
supporting themselves by labor, ought to be supported at
the public expense. It would be inhumane and anti-chris-
tian to leave them to perish, so long as we have the ability to
prevent it. "" The poor ye have always with you," said our
Saviour. They are his gift or legacy to us, for the trial of
our faith and charity. Let us accept the gift with grateful
hearts, and do what we can for their support and comfort.
There are many children in this State, white and black,
who are deprived of their parents, one or both, or whose pa-
rents are incapable of supporting and educating them as
they ought to be. These should be apprenticed until they
are twenty-one years of age. The law on this subject ought
to be carefully guarded, so as to protect the apprentice
against injustice or oppression. It ought to provide that the
apprentice should be produced, if living, at least once a year

24

before the tribunal that binds him out, which should be au-
thorized to revoke the articles of apprenticeship on account
of any gross injustice or oppression of the master.
The material wealth and prosperity of our State, in the
present condition of the country, would be greatly promoted,
in my judgment, by the introduction of money capital from
abroad, to be employed in other branches of industry besides
agriculture. More and different avenues of labor should be
opened in order to give employment to all our people. Every
healthy man, woman, and child over ten years of age, white
or black, is capable of doing something for his or her sup-
port. But many persons do not like to work in the cotton
or corn fields, or are physically incapable of it. If these
could find employment in manufacturing establishments, or
in mechanic workshops, it would be a great advantage to
them, and a profit to the State. We are not prepared by
any means and all at once to engage in an extensive system
of manufacturing; but we are, in my opinion, prepared to
manufacture all of our leather. Hides, oak bark, and rivu-
lets of water, are on hand to supply tanneries. We ought
to make all our own boots and shoes, saddles and harness.
We can manufacture, too, to advantage, the coarser cotton
and woolen fabrics. We ought to make all of our ploughs,
harrows, cultivators, carts and wagons. The forests are filled
with beautiful wood, suitable to the manufacture of cabinet
wares, bureaus, tables, chairs, sofas, &c. The forests supply,
too, moss for mattresses and other purposes, and abound in
live oak, cedar, pine and other valuable woods. Indeed,
capital from abroad is flowing rapidly into our State, to be
employed in the manufacture of lumber. I am glad to see
it, but I wish to see the labor of the country still more
diversified, so that all may be without excuse for their idle-
ness. Labor is the law of our existence.
I know of no sure and certain way of replenishing the ex-
hausted treasury of the State, but by taxation. It would be
a great relief to the people of our State, if Congress would
authorize the postponement of the collection of the direct.

25

tax due the United States, for a year.or two, and allow the
State in the meantime to assume the debt, and collect it
through its own tax collectors. It is possible, too, that a
temporary loan for a small amount, for present use, can be
effected at home or in the northern cities.
In regard to the re-establishment of our constitutional and
normal relations with the general government, at an eai'ly
day, much depends, in my judgment, upon the action of the
present Legislature, and upon the spirit and temper of the
people in the different parts of the State. The Legislature
must ratify the proposed amendment to the constitution of
the United States for the abolition of slavery throughout the
country. Slavery is abolished in all the Southern States,
and no intelligent man expects to see it re-established. The
General Assembly can have, therefore, no reasonable objec-
tion to the ratification of this proposed amendment, and I
should be glad to see it done, not because the President de-
sires it, though he ardently does, but because, in the present
condition of the country, it is right and proper in itself, and
necessary to the general pacification of the country. This
done, I think, so far as I can judge, that the President will
permit the State government to go on and exercise its proper
powers, and perform its proper duties. Whether Congress
will allow our Senators and Representative to take their seats,
without some discussion and delay, I have no means of
knowing. Much may depend upon the opinion that body
may form on the subject of the willingness and the ability
of the State government to protect all the inhabitants of the
State in the enjoyment of their just rights, without distinc-
tion of class or color, and without regard to the part each
may have taken in the late civil war. And this depends
upon the spirit and temper of the people in different parts
of the State, and mainly upon the disposition of the Jus-
tices of the Peace, Sheriffs and Jurors, to do their duty im-
partially, according to law. It must be borne in mind, that the
faith of the nation is pledged for the protection of the freed-
4

26

men in all their proper rights of freedom. It is also pledged
for the protection of that class of our fellow-citizens who re-
mained loyal to the Union during the war, and particularly
to those who entered into the military service of the United
States. These are in a minority in the State.
If, by the passage of wise laws and their impartial execu-
tion, we can give assurances that these persons will receive
equal and fair protection with others, I think we may look
forward hopefully to the early admission of our Senators
and Representatives on the floor of Congress.
It is every way the interest and I believe the sincere de-
sire of the people of this State, that the controversy pending
with the Government and people of the United States
should be settled on fair and honorable terms. Let us
therefore do everything which we honorably can to settle it
upon a solid and durable basis. Let us cultivate, too, senti-
ments of nationality and love of the whole country, from
Maine to Texas, and from the Atlantic to the Pacific. We
are Floridians, and we ought to be thankful that our lots
have fallen to us in so pleasant a land. But are we not
Americans also, and have we not an interest in the whole
country ? And should we give up or throw away our birth-
right, our inheritance, in this great country, and not love it,
and not be proud of it, because we were born in, or prefer
to live in, this State rather than another? Peace has its
victories as well as war. The bravery and gallantry of our
troops in war is known and acknowledged by the whole
American people. But a brave people is also a generous
people. The war over, they forget the causes of the war
and the war itself, and make friends of their enemies. Let
us do our part to re-establish kind and friendly relations.
At least, let us not indulge the idle fancy of loving or
hating one man rather than another, for no other reason
than because he happened to be born in one section of the
country rather than another. What matters it to you or
to me, whether his infant ears first opened to the sound of
the whistling, freezing winds on the granite hills of New

Hampshire, or to the sound of the zEolian harp playing in the
warm sunshine among the tops of our beautiful pines in
Florida? It is the man himself, not the place where he
was born, which concerns us. The prejudiced Jews failed
to discover any thing good in our Saviour, because he came
out of Nazareth. Let us not imitate their example, but on
the contrary set an example of charity and liberality to our
Northern brethren. Our people are freer probably from
indulging in this idle whim than the people of any other
State in the Union, for they are made up in a large degree
of immigrants from all the States, and they have learned
that worth and merit, or prejudice and meanness, do not
belong exclusively to any one portion of these United States.
Above all, let us conscientiously do what is right ourselves,
and. leave events to the control of Him, who governs the
nations of the earth, and at the same time numbers the
hairs of our head.
A new Constitution in harmony with the existing order of
things having been adopted, and an election held under it
for a Governor, members of the General Assembly, and most
of the civil officers of the Government, upon the completion
of the inauguration now going on and the passage of a reso-
lution ratifying the proposed amendment to the Constitu-
tion of the United States, the objects of my appointment
will have been mainly, if not wholly accomplished, and I
shall expect to receive in a few days, if the ratification
passes, the formal leave of the President to retire from the
post assigned me. The labors of the office, for a considera-
ble number of months after I first assumed its duties, were
very severe. The property of many of the inhabitants had
been seized for confiscation or actually confiscated, the
property of others was held as captured or abandoned, and
the property of others had been sold for the non-payment of
taxes which they had had no opportunity of paying. Every
body seemed to be in trouble. The limitations imposed on
the powers of the Provisional Governor were not generally

28

known. It was often supposed that he could do every thing,
though he possessed really little or no power.
All these persons naturally applied to me for advice or
assistance. Whenever I could not give the relief sought, I
applied to the Commanding General of the Department, or
in his absence, to the General in command of the District,
or if the case required it, to the Commissioner of the Freed-
men's Bureau. These gentlemen I always found ready to
listen to the many tales of distress produced by the war,
and cheerfully responded to the claims of humanity and
justice whenever it was in their power.
In all my labors, I have constantly been cheered by mani-
fest signs among the people of a returning sense of attach-
ment to the old Union, and by the prospect of soon seeing
the State of my adoption and of my affection restored to her
true position among her sister States, respected as an equal,
and cherished as a friend. Taught wisdom by experience,
may she find in the Union, .for unnumbered ages yet to
come, that security, contentment and repose which she in
vain sought for elsewhere. And may her children and
children's children yet unborn, as they read the instructive
lessons of this day, learn to avoid the rock on which she
split, and cling to the Union of these States as the sheet
anchor of our peace and safety at home, and of our charac-
ter and respectability abroad.

The oath of office was administered to the Hon. DAVID S.
WALKER, the Governor elect, by the Hon. C. H. DuPoNT, Chief
Justice of the Supreme Court of the State of Florida, after which
he proceeded to address the General Assembly as follows:

Gentlemen of the Senate and
House qf Representatives:
From the beginning it has been the custom in the States
of our Union for the Governor elect to improve the occasion
of his inauguration by making such remarks as existing
circumstances might suggest, and by recommending the

29

adoption of such measures as the good of the country
might require.
In compliance with this time-honored custom, I now
address you.
By failing to regard the disinterested warnings of the
"Father of his Country" against "the baneful effects of tht
spirit of party," and particularly "when founded on geo-
graphical discriminations"-by omitting, as he advised, to
remember that "the jealousy of a free people ought to be
constantly awake against the insidious wiles of foreign
influence," and by neglecting, as he recommended, "to frown
indignantly upon the first dawning of every attempt to
alienate any portion of our country from the rest, or to
enfeeble the sacred ties which now link together the various
parts"-the people of the United States, nearly five years
ago, became involved in the terrific civil strife which has
but recently ended. We now hope that by a strict adherence
to his advice, "the unity of government which constitutes
us one people" will again become "dear to us," and that in
.all future time, we will regard it as "a main pillar in the
edifice of our real independence, the support of our tran-
quility at home, our peace abroad, of our safety, of our
property, of that very liberty we so highly prize."
To repair the waste of war; to restore the States to their
proper relations with the Union; to bring about an era of
good feeling and fraternity; to re-establish the Government
on the principles of the Constitution, and to perpetuate our
unity by securing all that makes it desirable, are now
objects of primary desire with all patriotic and honest men,
North and South, East and West.
But it is more particularly of our duties as citizens of
Florida, that I would speak.
And, in the first place, as we are now renewing our rela-
tions of friendship and union with the States of the North,
let us be particular to abolish all points of difference among
ourselves. During the late unhappy conflict, some of us
"were known as Union men, some as Constitutional Secession-

30

ists, and others as Revolutionists. A glorious opportunity is
now afforded to fling away these.names, and with them the
strifes they have engendered, and to meet, as brethren ought
to meet, upon the platform of the Constitution which our
fathers made for us in 1787. If I shall be permitted to admin-
ister the Government, I shall know no distinctions between
citizens on account of past political differences.
I will not condemn the Union man, because I know from
experience how completely the love of the Union becomes a
part of our very existence, and how it is endeared to us ty a
thousand glorious recollections, and as many brilliant antici-
pations. I know that the heart of Florida's greatest and
most renowned citizen was literally broken by the severence
of the Union.
Nor will I condemn the Constitutional Secessionist, be-
cause I know that, though he differed from me, his side of
the question was supported by arguments, if not unanswer-
able, yet of great plausibility, and by the authority of many
of the greatest names that this country has ever produced.
Nor yet will I condemn the Revolutionist, for I know
that he, though originally opposed to secession, went into
the war, after the fact was done, upon the conviction that it
was no longer an open question, and that it was the duty of
every man to stand or fall with his own section.
In fact, the great questions connected with the integrity
of the Union were, before the war, so unsettled, and the
opinions of great men so varied, that it required a man
greatly superior to myself to say with certainty who was
right and who was wrong. Seeing the different luminaries
which guided our people, I am not astonished that the very
best men in our land were found arrayed in opposing ranks.
I need not enumerate the host of great men who stood
with the immortal CLAY for the integrity of the Union and
against the doctrine of secession.
The logic of events has proved that they were right. But
among those who held the contrary doctrine, that a State
might secede from the Union without an, infraction of the

31

Federal Constitution, we find the names of such men as Mr.
RAWLE, a distinguished lawyer of Pennsylvania, to whom
Gen. WASHINGTON more than once tendered the office of
Attorney General of the United States, JOHN RANDOLPH, of
Roanoke, NATHANIEL MACON, of North Carolina, Mr. CAL-
HooUN, of South Carolina, P. P. BARBOUR, a late Justice of
the Supreme Court of the United States, and Judge McKEAN,
a late Chief Justice of the Supreme Court of Pennsylvania.
Those who advocated the right of revolution quoted the
remark of Mr. WEBSTER, that "a bargain broken on one
side was broken on all sides, and that if the North should
not obey the Constitution in regard to the rendition of
fugitive slaves, the South would no longer be bound by the
compact." Mr. GREELEY, then, as now, a great leader of
Northern sentiment, had said that "he could not see how
twenty millions of people could rightfully hold ten, or even
five, in a Union with them, by military force"; and again,
"that if seven or eight States should send agents to Wash-
ington to say 'we want to get out of the Union,' he should
feel constrained by his devotion to human rights to say, let
them go." In this connection he also quoted the Declaration
of Independence, that "Governments are instituted for the
benefit of the governed; and that when any form of Gov-
ernment becomes destructive of these ends, it is the right of
the people to alter or abolish it, and to institute a new
Government," &c.
Mr. LINCOLN, prior to his first election, had acknowledged
this principle, with the addition, that not only a people, but
any part of a people, being sufficient in numbers to make a
respectable government, might set up for themselves. Mr.
TYLER, a late President of the United States, held to the
doctrine of secession, and Mr. BUCHnAAN, the then President
of the United States, said, just before the commencement of
the war, that while he thought a State had no right to leave
the Union, yet if she should leave it, the remaining States
would have no right to coerce her return.
Amidst these various and conflicting views, all supported

32

by the highest authority, it is no wonder, that our people
should have become bewildered, or that, being forbidden by
the stress of events to remain neutral, some should have
adhered to the Union and others to the State.
For these reasons, I repeat, that if I shall be permitted to
administer the Government, I shall know no distinction
between citizens on account of past political differences. I
shall take it for granted that all have done what they con-
ceived to be their duty under the circumstances, and the
only question I shall ask concerning any one presented to
me for position, will be, "Is he honest, is he capable, is he
attached to the principles of the Constitution of the United
States and the Constitution of the State of Florida ?" All
shall have the equal benefit of the laws, and, as Heaven is
my judge, all shall equally suffer the keenest penalty of the
laws for any infraction thereof. Law and order shall be
maintained.
I am happy to believe that this declaration meets with
the general approbation of our people. Already they have
given the most gratifying indications that they hold the
same opinion with myself on this subject. All over the
State I hear of citizens, who were recently in hostility, now
forming business associations, and getting along most har-
moniously; and in our Constitutional Convention, just ad-
journed, I saw gentlemen who had served in the army of
the United States, and gentlemen who had served in the
army of the Confederate States, sitting side by side, con-
sulting only for the good of the Union, and the State as one
of its members.
Having spoken of the relations which ought to exist, and
which, for the most part, do exist among the white people
of the State, I now naturally come to speak of the feelings
which ought to be cherished, and the policy which ought to
Sbe pursued, towards our colored population.
I think we are bound by every consideration of duty,
gratitude, and interest, to make these people as enlightened,
prosperous and happy as their new situation will admit.-

33

For generations past they have been our faithful, contented
and happy slaves. They have been attached to our persons
and our fortunes, sharing with us all our feelings-rejoicing
with us in our prosperity, mourning with us in our adversity.
If there were exceptions to this general rule, they were only
individual exceptions. Every Southern man who hears me
knows that what I say is literally true in regard to the vast
mass of our colored population. The world has never before
seen such a body of slaves. For, not only in peace, but in
war, they have been faithful to us. During much of the
time of the late unhappy difficulties, Florida had a greater
number of men in the army, beyond her limits, than consti-
tuted her entire voting population. This of course stripped
many districts of their entire arms-bearing inhabitants, and
left our females and infant children almost exclusively to the
protection of our slaves. They proved true to their trust.
Not one instance of insult, outrage, or indignity, has ever
come to my knowledge. They remained at home and made
provisions for our army. Many of them went with our sons
to the army, and there, too, proved their fidelity, attending
them when well, nursing and caring for them when sick and
wounded. We all know that many of them were willing,
and some of them anxious, to take up arms in our cause.
Although, for several years, within sound of the guns of the
vessels of the United States, for six hundred miles along our
seaboard, yet scarcely one in a thousand voluntarily left our
agricultural service to take shelter and freedom under the
flag of the Union. It is not their fault that they are free-
they had nothing to do with it: that was brought about by
"the results and operations of the war."
But they are free. They are no longer our contented and
happy slaves, with an abundant supply of food and clothing
for themselves and families, and the intelligence of a supe_
rior race to look ahead and make all necessary arrangements
for their comfort. They are now a discontented and un-
happy people, many of them houseless and homeless, roam-
5

34

ing about in gangs over the land, not knowing one day
where the supplies for the next are to come from-exposed to
the ravages of disease and famine-exposed to the tempta-
tions of theft and robbery, by which they. are too often
overcome-without the intelligence to provide for them-
selves when well, or to care for themselves when sick, and
doomed to untold sufferings and ultimate extinction, unless
we intervene for their protection and preservation. Will
we do it ? I repeat, we are bound to do it, by every consid-
eration of duty, gratitude and interest.
Much has been said of late about the importation of white
labor from Germany, Ireland, Italy, and other countries,
and with proper limitations and restrictions I am in favor of
it; but let us always remember that we have a laboring
class of our own which is entitled to the preference. It is
not sufficient to say that white labor is cheaper. I trust we
are not yet so far degraded as to consult interest alone. But
interest alone would dictate that it is better to give these
people employment, and enable them to support theylselves,
than have them remain upon our hands as a pauper race;
for here they are, and here, for weal or woe, they are qbliged
to stay. We must remember that these black people are
natives of this country, and have a pre-emption right to be
the recipients of whatever favors we may have to bestow.-
We must protect them, if not against the competition, at
any rate against the exactions of white immigrants. They
will expect our black laborers to do as much work in 'this
climate as they have been accustomed to see white ones
perform in more Northern latitudes. We know that they
cannot do it. They never did it for us as slaves, and the
experience of the last-six months shows that they will do no
better as freedmen. Our fathers of 1783 knew that it takes
five black men to do the work of three white ones, and
consequently, in adjusting the apportionment of taxes upon
the basis of the labor and industry of the country, eleven of
the thirteen States of the old Confederation recommended
that every five blacks be counted as only three. The same

35

rule was afterwards adopted in the Constitution of 1787, in
regard to representation. But I fear those who may migrate
hither from Europe or elsewhere, will be unmindful of this
fact. We ought not to forget it, and between foreign and
black labor we ought always to give the preference to the
latter when we can possibly make it available. And if we
can offer sufficient inducements, I am inclined to think that
the black man, as a field laborer, in our climate, will prove
more efficient than the imported white.
We ought to encourage our colored people to. virtue and
industry, by all the means in our power. We ought to pro-
tect them in all their rights, both of person and property, as
fully as we do the whites.
This is the view taken by our recent 'State Convention.
After recognizing the fact that they are free, and declaring
that slavery shall never hereafter exist in this State, they
proceed to open to them all the Courts of justice, and admit
them as witnesses "in all criminal proceedings founded upon
an injury to a colored person, and in all cases affecting the
rights and remedies of a colored person."
I trust, gentlemen, that this action meets your approba-
tion, and that you will take great care, not only not to dis-
criminate in your legislation against the colored race, but
that you will so shape your enactments as to promote their
welfare and happiness to the fullest possible extent.
Considering their ignorance and liability to be imposed
upon, I think it would be well for you to provide that they
shall be bound by no contract to labor, unless the same be
reduced to writing and acknowledged before some judicial
officer, that a speedy remedy be given them to collect their
wages, and that they recover damages when dismissed with-
out good cause. And on the other hand, considering how
essential it is to the successful cultivation of our great
staples, that those who engage as laborers should remain
throughout the whole period of service contracted for, I
recommend that a violation, without good cause, of any
contract once fairly entered into, either by black or white

36

laborers, be made a misdemeanor, and punishable with such
penalties as will prevent the evil.
I now invite your attention to our relations with the
.Federal Government.
Thus far our people have manifested their loyalty and
desire to return to the Union, by doing all that the Govern-
ment was understood to desire. They have taken the oath
prescribed in the proclamation of the President, to support
the Constitution of the United States, and the union of the
States thereunder, and to abide by and faithfully support all
laws and proclamations which have been made during the
existing rebellion with reference to the emancipation of
slaves." They have held an election, under the proclama-
tion of the Provisional Governor, for members of a State
Convention. That Convention has annulled the ordinance
of secession. It has repudiated all debts contracted by the
State since the date of the secession. It has declared that
all those who were slaves are now free. It has opened to
them all the Courts. It has admitted them as witnesses in
all cases in which they are interested. And in short, they
have left nothing undone which they understood the Gov-
ernment to desire.
At the conclusion of the session of the Convention, our
much esteemed Provisional Governor, who represents the
President, and so deservedly possesses his confidence as well
as that of our people, appeared before that body and said:
"I congratulate you upon the termination of your labors.
The result of them merits and receives miy entire approba-
tion as Provisional Governor. As a citizen of the State, I
approve of nearly alPthat you have done. Speaking, how-
ever, merely as any other citizen, I confess that some of
your action I could have preferred to have been .different.
But, as Provisional Governor, I.am entirely satisJied with
what you have done. You have done everything that in my
official capacity I asked you to do. I asked nothing but
what was right.. You have done, it all, and in the right
spirit. Your action in regard to negro testimony receives

my especial commendation. You have met the issue fairly
and fully, and have done all that could have been desired.
The Conventions of other States have evaded it by transfer-
ing it to their legislatures. I hope they will be successful
and prosperous, but feel that the action of Florida, so fully
in accordance with the wishes of the President, will place
her in a better situation than their's. With such a Constitu-
tion as you have adopted, there can be no reason to doubt
the admission of your Representative and Senators into the
Congress of the United States."
Thus we have the endorsement of the Government itself
upon the action of our Convention, that they have done all
that could have been desired, and in the right spirit."
Yes, gentlemen, the Convention did all that it could do.
And now one thing remains for the Legislature to do, which
the Convention could not do, and that is to ratify the pro-
posed amendment to the Constitution of the United States,
which reads as, follows:
First. Neither slavery nor involuntary servitude, except
as a punishment for crime, whereof the party shall have been
duly convicted, shall exist within the United States, or any
place subject to their jurisdiction. Second. And Congress
shall have power to enforce this article by appropriate legis-
lation."
I cannot better give you the reasons why this amendment
should beiadopted, and, at the same time, the true meaning
of the second clause thereof, than by repeating to you a
portion of the correspondence which recently took place be-
tween the President and the Provisional Governor of South
Carolina.
On the 28th of October last, the President telegraphed
to the Governor as follows:
I hope your Legislature will have no hesitation in adopt-
ing the amendment to the Constitution of the United States
abolishing slavery. It willset an example which will no
doubt be followed by theother States, and place South Caro
lina in a most favorable attitude before the nation. I trust
in God that it will be drne. The nation and State will

38

then be left free and untrammeled to take that course which
sound policy, wisdom and humanity may suggest."
Three days subsequently the President telegraphed to the
Governor as follows:
"There is deep interest felt as to what course the Legisla-
ture will take in regard to the adoption of the amendment
of the Constitution of the United States abolishing slavery,
and the assumption of debt created to aid in the rebellion
against the government of the United States. I trust in
God that the restoration of the Union will not be defeated
and all that has so far been well done, thrown away. I still
have faith that all will come out right yet. This opportu-
nity ought to be understood and appreciated by the people
of the Southern States. If I know my own heart, and every
passion which enters it, it is my desire to restore the bless-
ings of the Union, and tie up and heal every.bleeding wound
which has been caused by the fratricidal war. Let us be
guided by love and wisdom from on high, and union and
peace will once more reign throughout the land."
To these telegraphic dispatches the Provisional Governor
replied, among other things, that there was no objection to
the adoption of the proposed amendment to the Federal
Constitution, except an apprehension that Congress might,
under the second section of-that amendment, claim the right
to legislate for the negro after slavery was abolished."
To this the Secretary of State replied on the 6th of No-
vember, stating, among other things, as follows:
"The objection which you mention to the last clause of
the constitutional amendment is regarded as querulous and
unreasonable, because that clause is really restraining in its
effects instead of enlarging the power of Congress. The
President considers the acceptance of the amendment by
South Carolina as indispensable to a restoration of her rela-
tions,with the other States of the Union."
The President of the United States, the Attorney Gene-
"ral, and the Secretary of State, are all understood to concur
in this obvious meaning of the proposed amendment, and
with this understanding, I earnestly recommend it to your
adoption. Congress can only enforce, by appropriate legis-
lation," the non-existence of slavery This being done, their

39

power is exhausted, and "the apprehension that Congress
might, under the second section of the amendment, claim
the right to legislate for the negro after slavery was abol-
ished," is regarded as querulous and unreasonable, because
that clause is really restraining. in its effects instead of en-
larging the powers of Congress."
The only other objection I have heard to the adoption of
this amendment, is that its adoption may only be opening
the door to a demand for new concessions. My answer is,
that we have no reason to believe that this will be so. It is
unfair and ungenerous to suppose that the Government is
endeavoring to inveigle us into the adoption of certain means
ures, with a promise of a restoration of our rights in the
Union, when in fact it does not mean to admit us upon the
adoption of those measures, but intends to make further de-
mands after the first shall have been acquiesced in. Such a
suspicion is entirely unworthy of the course which the Presi-
dent of the United States has pursued towards us since the
cessation of hostilities. He told us frankly from the begin-
ning what would be required of us. I know that he told
me in July last the adoption of this amendment would be
expected. Our Provisional Governor told us so in his speech
at Quincy, and on other occasions. All the action of the
Convention was had with a full knowledge of that expecta-
tion, and in the adoption of the amendment you will but
be completing a series of measures which they knew must
be completed to secure to the State all her rights as a mem-
ber of the Union.
The new demand which, I am informed, some fear will
be made is that'of negro suffrage. I am satisfied that this
demand will never be made by the President, If there is
'any one thing that he is more pledged to than another, it is
that of allowing each State to "prescribe the qualifications
of electors and eligibility of persons to hold office under the
Constitution and laws of the State-a power, (which he
says,) the people of the several States composing the Fed-
eral Union have rightfully exercised from the origin of the

40

Government to the present time." This is the language
used and the position taken by him in his proclamation
organizing the first Provisional Government in North Caro-
lina. On the third of October last, he said, Our only
safety lies in allowing each State to control the right of
voting by its own laws," and in his message to Congress,
which we have just received, he stands firmly, fairly and
squarely up to his original position.
Nor do I think that this unjust demand will ever be made
by Congress. I think the position of the President will be
sustained. The recent vote in Connecticut and Wisconsin,
expressly repudiating negro suffrage-together with the fact
that it is allowed in only a few States of the Union, and in
those few only with qualifications, renders it highly improba-
ble that a Congress of Northern men will compel us to ad-
mit it while they reject it themselves. To do so would be
to assert that many generations of freedom have not quali-
fied the few negroes, in their midst, to vote, while as many
generations of slavery have qualified our millions.
But suppose, for the sake of the argument, that Congress
should make this demand-what then ? Still I say we will
be in a better position by having adopted the amendment.
We will have done all that the President desired us to do,
and so far as the Executive Department is concerned, we
may be considered as in the Union and entitled to the en-
joyment of all its blessings, for the President most feelingly
says, "If I know my own heart and every passion which
enters it, it is my desire to restore the blessings of the Union,
and tie up and heal every bleeding wound which has been
caused by the fratricidal war." We may then reasonably
hope that ere long martial law will cease to prevail in our
State, that civil law will be fully restored and the authority
and jurisdiction of the State Government entirely reinstated.
If Congress shall unexpectedly refuse to admit our Sena-
tors and Representative, because we have not allowed
negro suffrage, we must then, without manifesting any un-
due impatience, wait until Congress shall think better of the

41

matter. The justice of our cause, the influence of the Presi-
dent, and the good sense and patriotism of the nation, can-
not fail to give us our representation in the end.
Of course we could never accede to the demand for negro
suffrage, should it be made.
"We have manifested that our loyalty and desire to renew
our relations with the Union are so great that to do so we
are willing to yield every thing but our honor and our con-
sciences. We have all lost much-many of us our all-all
but our honor. Let us preserve that, though we lose every
thing else. We have been able to give an honest and con-
scientious consent to all that has been done, but each one of
us knows that we could not give either an honest or a con-
scientious assent to negro suffrage. There is not one of us
that would not feel that he was doing wrong, and bartering
his self-respect, his conscience, and his duty to his country
and to the -Union itself, for the benefits he might hope to
obtain by getting back into the Union.. Much as I have
worshipped the Union, and much as I would rejoice to see
my State once more a recognized member thereof, yet it
is better, a thousand times better, that she should remain
out of the Union, even as one of her subjugated provinces,
than go back "eviscerated of her manhood," despoiled of
her honor, recreant to her duty-without her self-respect,
and of course without the respect of the balance of man-
kind-a miserable thing, with the seeds of moral and politi-
cal death in herself, soon to be communicated to all' her
associates.
If time allowed, I would like, now, to speak of what pro-
vision ought to be made for our poor and for those who
have been disabled in, or made widows and orphans by the
late war, and upon our financial, educational .and internal
improvement systems. But to do so, would protract my
remarks to an inconvenient length. I must, therefore, make
what I have to say on these and other points, the subjects
of special messages. I shall at all times seek a free inter-
6

42

change of opinions with you, deeming it important to the
welfare of the State that a good' understanding and cordial
relations shall exist between the Executive and Legislative
Departments of the government.
And in this connexion, it is proper to say, that I shall
deem it my duty, as the representative of the State, and it
will be in perfect accord with my feelings, to cultivate the
friendship and invite the confidence and co-operation of the
Provisional Governor and of the gentlemen of the army of
the United States, who are stationed amongst us. They are
our fellow-citizens and the officers of our government, on
duty here, not to irritate and oppress us, but to assist in pre-
serving order during our transition state, and to conciliate
and soothe. With few exceptions, they all have filled their
delicate mission with credit to themselves and satisfaction
to us. To Maj. Gen. FosTER, commanding in this State,
our thanks are due for the general justice and mildness with
which he has exercised his great authority, and particularly
for the facilities he has afforded both to the members of the
Convention and of this Legislature in assembling at the
Capitol.
In conclusion, I beg that you will excuse a few words in
regard to myself.
Twenty-eight years ago, I was a pennyless stranger, from
a far distant State, seeking in this bright land a place where.
by close attention to business, I might earn an honest living,
I found it here. The people took me by the hand, and ever
since, whether in prosperity or adversity, peace or war, have
held me in the embrace of their confidence. As a Lawyer,
Representative, Senator, Register of Public Lands, and Judge
of the Supreme Court, they have always stood by, encour-
aged, sustained, and, with their approbation, more precious
than the gold of Ophir, rewarded me.
Six years ago, when they placed me upon the Bench of
the Supreme Court, I fondly hoped my political days were
numbered, and that the residue of my life was to be spent
in the calmer labors of judicial investigation. But now, the

43

tornado of civil discord having swept over the land, prostra-
ting every interest, entirely destroying our labor system, and
uprooting the very foundations of our political edifice, they
have called me, with a unanimous voice, to preside as Grand
Master at the re-building of the temple.
My obligations are the more sensibly felt from the fact
that this honor has been conferred without one word of
solicitation, without the writing of a single letter, or the
making of a single speech-without a pledge, a platform or
a party.
For this extraordinary manifestation of kindness and con-
fidence, I wish thus publicly to acknowledge my great in-
debtedness to the masses of the people.
But it is not in words that I will attempt to express my
gratitude. The unremitting and utmost efforts of whatever
powers a merciful God may bestow, to secure to our State,
as one of the co-equal members of the Federal Union, all
the benefits and blessings of wise laws and good govern-
ment, must attest the depth and sincerity of my thankful-
ness.
And now, gentlemen, requesting all the pious people of
the State to join me in prayer to Almighty God that He
will convert the weakness and inadequacy I so painfully
feel, into strength and competency for the good of my coun-
try, and that he will, of His abundant mercy, bless our State
and our whole land, I bring these remarks to a close.
On motion, the Joint Assembly adjourned.
On motion of Mr. Peeler of Leon, the House adjourned until
to-morrow morning, 10 o'clock.

44

THURSDAY, Dec. 21, 1865.

The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Armistead, Atkins, Barrett, Bates,
Brock, Brokaw, Browne, Bush, Collins, Coulter, Dickison, Dur-
ham, Erwin, Faulkner, Fife, Gee, Gunn, Haddock, Hall, Han-
kins, Hendricks, Hosford, Howse, Hyer, Johnston of Gadsden,
Lassiter, Langfbrd, Manning, Maxwell, McKinnon, McMillan,
Moseley, Neal, Peden, Peeler of Jefferson, Peeler of Leon, Rob-
inson, Saxon, Stanford, VanZant, West, Williams of Baker and
Wills-44.
So there was a quorum present.
The Rev. J. E. DuBose officiated as Chaplain.
On motion of Mr. Haddock, the reading of the journal of yes-
terday's proceedings was dispensed with.
In accordance with a motion made by Mr. Peden, on yester-
day, the following.list of Representatives in the General Assem-
bly, and their respective Post Offices, was read and ordered to
be spread upon the journal:

Names.
F. C. Barrett,
R. H. Hall,
Samuel N. Williams,
W. W. Wills,
Henry Overstreet,
Henry Durham,
T. J. Hendricks,
Garrett Van Zant,
Thomas R. Collins,

Joseph N. Haddock,
James A. Peden,
Louis HIyer,
Charles W. Jones,
Henry Wright,
Joseph A. Atkins,
J. J. Dickison,
William H. Gee,
Miles M. Johnston,
Edwin F. West,
William L. Bush,
Walter T. Saxon,
John A. Henderson,

Post Offices.
Gainesville, Fla.
Micanopy,
Jacksonville,"
Providence, "
Olando, "
Abe's Spring,"
Middleburg,
Lake City, "
Ellisville, "

Jacksonville, "
i i
Pensacola, "
it

Apalachicola,"
Quincy, "
cc
Concord, "
Jasper,

Brooksville, "
Tampa, "

Counties.
Alachua,

Baker,
Bradford,
Brevard,
Calhoun,
Clay,
Columbia,
"4
Dade,
Duval,
"4'
Escambia,

Franklin,
Gadsden,
i'
"4
Hamilton,

Hernando,
Hillsboro',

45

"Counties. Names. Post Offices.
"Holmes, Moses Hewett, Cero Gorda, Fla.
Jackson, John M. F. Erwin, Greenwood, "
W. M. C. Neal, Millwood,
Henry J. Robinson, Greenwood, "
L. C. Armistead, "
Jefferson, A. M. Manning, Monticello, "
C. G. Fife, "
Anderson Peeler, "
LaFayette, William W. Hankins, Madison, "
Leon, Jos. John Williams, Tallahassee, "
Geo. Troup Maxwell, "
P. B. Brokaw, "
A. J. Peeler, "
Levy, William R. Coulter, Bronson, "
Liberty, John W. Hosford, Bristol, "
Madison, Thomas Langford, Madison, "
William P. Moseley, "
Manatee, James D. Green, Manatee,
Marion, George M. Bates, Flemington, "
E. D. Howse, Ocala,
Monroe, Joseph B. Browne, Key West, "
Nassau, T. H. Branch, King'sFerry,"
Orange, John Mizell, Orlando, "
Polk, Daniel Stanford, Bartow, "
Putnam, H. R. Teasdale, Palatka, "
Santa Rosa, Duncan McMillan, Milton, "
John McLellan, "
St. Johns, Paul Arnau, St. Augustine,'
Sumter, John W. Johnson, Sumterville, "
Suwannee, Dr. Craven Lassiter, Houstoun, "
Taylor, James W. Faulkner, Perry, "
Volusia, A. Richardson, Volusia,
Wakulla, John S. Moring, Shell Point, "
Walton, Daniel G. Gunn, Knox Hill,
John L. McKinnon, Eucheeanna, "
Washington, Thomas Brock, Vernon,
Chief Clerk-Dr. Wm. Forsytl Bynum, Live Oak, Fla.;
Assistant Clerk-John W. Tompkins, Lake City, "
John W. Malone, Quincy, "
Engrossing Clerk-David C. Wilson, Jr., Tallahassee,"
Enrolling Clerk-W. W. McGriff, Concord,
Recording Clerk-R. L. Bruce, Tallahassee,
Messenger-G. W. Floyd, Quincy,
Sergeant-at-Arms-John H. Rhodes, Tallahassee,
Door Keeper-George A. Bowen, Tallahassee,

46

Notice was given of intention to introduce, at some future day,
the following bills, viz:
By Mr. Haddock:
A bill to be entitled an act for the benefit of widows and or-
phans and maimed soldiers; also;
A bill to be entitled an act in reference to persons carrying
fire-arms.
By Mr. Hall:
A bill to be entitled an act to enforce contracts of hire;
A bill to be entitled an act to define and punish vagrancy and
provide for vagrants; also,
A bill to be entitled an act making dogs property, and sub-
jecting them to taxation.
By Mr. Fife:
A bill to be entitled an act to regulate and control the selling
of intoxicating liquors;
A bill to be entitled an act to prevent larceny; also,
A bill to be entitled an act to ratify the proposed amendment
to the Constitution of the United States upon the subject of
slavery.
By Mr. Atkins:
A bill to be entitled an act to authorize certain parties to re-
move the obstructions in the Apalachicola river, placed therein
during the war, and to compensate them therefore.
By Mr. Saxon:
A bill to be entitled an act to repeal an act consolidating the
offices of Sheriff and Tax Collector of Hernando county.
By Mr. Robinson:
A bill to be entitled an act to exempt certain property from
sale under execution and attachment
A bill to be entitled an act for the relief of certain administra-
tors and executors of Jackson county;
A bill to be entitled an act prohibiting the selling of spirits to
freedmen;
A bill to be entitled an act in relation to apprentices;
A bill to be entitled an act to make the penalty of theft hang-
ing;
A bill to be entitled an act prohibiting freedmen from carrying
fire-arms;
A bill to be entitled an act to compel freedmen to take homes
by a specified time and for a specified time;
A bill to be entitled an act to try criminals before Justices of
the Peace;
A bill to be entitled an act to compel Teachers and Physicians
to publish their rates of charge;
A bill to be entitled an act for levying a poll-tax; also,
A bill to be entitled an act to prevent vagrancy.

47

By Mr. VanZant:
A bill to be entitled an act to legalize marriages of persons in
this State; also,
A bill to be entitled an act to regulate the transportation of
passengers on railroads in this State.
By Mr. Brock:
A bill to be entitled an act to prevent any person from peddling
by water craft or on land without a good recommendation given
to the Probate Judge, &c.
Mr. Peeler of Leon moved that a special committee be ap-
pointed, whose duty it should be to consider and report upon the
expediency and practicability of carrying into effect, by appro-
priate legislation, section sixth of article sixteenth of the Consti-
tution of the State, which makes it the duty of the General As-
sembly to declare by law what part of the common law and what
parts of the civil law, not inconsistent with the Constitution,
shall be in force;
Which was adopted, and Messrs. Peeler of Leon, Williams of
Baker and Fife, appointed said committee.
Mr. Peden moved that the Sergeant-at-Arms be instructed to
ascertain whether there' is a room vacant in the capitol fitted for
the Judicial Committee, and prepare the same with lights, fire,
paper, &c., and two copies of Thompson's Digest and the Stat-
utes subsequent thereto, and to report as early as practicable;
Which was adopted.
Mr. Erwin gave notice that he would, after he has heard the
report of the committee appointed by the State, Convention to
report to this session of the General Assembly, for their action
thereupon, the changes and amendments to the existing statutes
and the additions required thereto, &c., introduce a bill to cover
all the ground said committee have left untouched.
Pursuant to previous notice, Mr. Peeler of Leon introduced
the following bill, viz:
A bill to be entitled an act to provide for the revision, colla-
tion and digesting of the whole of the public statute law of
Florida;
Which was placed among the orders of the day.
Mr. Manning gave notice that he would, on some future day,
introduce the following bill, viz:
A bill to be entitled an act to repeal an act entitled an act to
amend the pleading and practice in the courts of this State, ap-
proved 8th February, 1861.
The following resolutions were read and placed among the
orders of the day:
A resolution in relation to the removal of colored troops of
the United States;
A resolution relative to adjournment;

48

A resolution relative to the election of United States Senators
on to-morrow;
A resolution relative to the election of United States .Senators
to-day; and,. .
A resolution in reference to, the .direct,.taxes due the, Ugited
States. '
MRI Hall, from the Committee on, Elections,. made the fol-
lowing.
REPORT:

The Committee on Elections, to whom was, referred the.pa-
pers connected with the recent election for. Representative to
the General Assembly from.Brevard county, beg leave respect-
fully to report:
That after-due examination and investigation into all matters
connected therewith, they are clearly of the opinion that Henry
Overstreet was duly and legally elected a member of this House
from Brevard county, and they,do recommend that he be sworn
in as such member..
Respectfully submitted.- R. H. HALL, Chairman.
Which was concurred in and ordered to, be spread upon the
journal.
Mr. Overstreet; member elect: from Brevard county, was
sworn in by the"Hon. T. T. Long, Judge of the Circuit Court of
the State of Florida.

ORDERS OF THE DAY.

A resolution to authorize the Governor to appoint a suitable
person or persons to Digest the Laws of. Florida;
Read second time and referred, to, the Committee.on the
Judiciary.
A resolution in reference to the Direct Taxes due the United
States;
Read first time, rule waived, read second time by its title, and
referred to the Committee-on Finance and Public Accounts.
Mr. Peeler of Leon moved that the; rule be waived, and that
the Committee on Finance and Public Accoupts, to whom, was
referred a resolution in relation to the Direct Tax due to the
United States by the State of Florida, be requested to act with a
similar committee on the part of the Senate as. a joint committee
for the purpose of considering and reporting upqp, the said
resolution;
Which was agreed to.
A resolution relative to the election of United, States Senator
to-day was read first time.

49

On motion of Mr. Erwin the rule was waived, read second
time by its title, and amended.
On motion of Mr. Coulter the rule was waived, the resolution
read third time by its title, and put upon its passage.
The vote was:
Yeas-Mr. Speaker, Messrs. Armistead, Atkins, Brock, Bro-
kaw, Browne, Bush, Collins, Coulter, Erwin, Gee, Gunn, Had-
dock, Hall, Hendricks, Hosford, Hyer, Lassiter, Langford,
Maxwell, McKinnon, McMillan, Neal, Robinson and Williams
of Baker-25.
Nays-Messrs. Barrett, Bates, Dickison, Faulkner, Fife, Han-
kins, Howse, Johnston of Gadsden, Manning, Moring, Moseley,
Overstreet, Peden, Peeler of Jefferson, Peeler of Leon,'Saxon,
Stanford, VanZant, West, and Wills-20.
So the resolution, as amended, was adopted.
The rules being waived, Mr. Erwin moved that a committee
of three be appointed to wait upon the Senate and inform them
of the adoption of the above resolution by the House, and ask
the concurrence of the Senate in the same.
Which was agreed to, and Messrs. Erwin, Stanford and Howse,
appointed said committee.
A resolution relative to adjournment,
Was read the first time, and on motion the rule was waived
and Mr. Moseley allowed to withdraw the resolution.
The rule being waived, Mr. West was allowed to introduce a
resolution relative to colored troops;
Which was read and placed among the orders of the day.
A bill to be entitled an act to provide for the Revision, Col-
lation and Digesting of the whole of the public statute laws of
Florida,
Was read the first time, the rule waived, read a second time
by its title and referred to Committee on Judiciary.
A resolution in reference to the removal of the Colored Troops
of the United States,
Was read the first time, rule waived, read a second time and
referred to the Committee on Propositions and Grievances.
A resolution relative to Colored Troops,
Was read the first time and ordered for a second reading on
to-morrow.
The rule being waived, pursuant to previous notice the follow-
ing bills were introduced:
By Mr. Peden: '"
A bill to be entitled an act in relation to Judicial Proceedings,
and the appointment of Referees in civil cases;
A bill to be entitled an act to facilitate the collection of Taxes
and require the Registration of Grants and Donations;
7

A bill to be entitled an act giving further time to purchasers of
School and Seminary Lands to complete their payments; also,
A bill to be entitled an act to embody and amend certain acts
in relation to Exemptions from sale of Homesteads and other
Property;
Which were ordered to be placed among the orders of the

The rules being waived, Mr. Peden without previous notice
introduced the following bill:
A bill to be entitled an act to alter the mode of selling School
ai.d Seminary Lands;
Which was ordered to be placed among the orders of the day.
The rule being waived, Mr. Peeler of Leon was allowedto.
"make the following motion:
That 1000 copies each of the messages of Wmi. Marvin, Pro-
v-iional Governor, and the inaugural address of D. S. Walker,
Governor elect of the State, submitted to the General Assembly
on yesterday, be printed for the Use of the House;
Which was agreed to.
A bill to be entitled an act in relation to Judicial Proceedings
and the appointment of Referees in civil cases,
Was read the first time, rule waived, read a second time by
its title and referred to the Committee on the Judiciary, and one
hundred copies ordered to be printed for the use of the House.
A bill to be entitled an act to embody and amend certain acts
in relation to Exemptions from sale of Homesteads and other
property,
Was read the first time, rule waived, read a second time by its
title and referred to the Committee on Judiciary.
A bill to be entitled an act giving further time to purchasers
of School and Seminary Lands to complete their payments,
Was read the first time, and ordered for a second reading on
to-morrow.
A bill to be entitled an act to facilitate the collection of Taxes,
and require the Registration of Grants and Donations,
Was read the first time and ordered for a second reading on
to-inorrow.
A bill to be entitled an act to alter the mode of selling School
and Seminary Lands,
Was read the first time, rule waived, read a second time byits
title and referred to the Committee on Public Lands.
On motion of Mr. Robinson, the House took a recess until
three olock, P. M..

50

51

THREE O'CLOCK, P. M.

The House resumed its session.
The roll being called, the following members were present:
Mr. Speaker, Messrs. Atkins, Barrett, Bates, Brock, Coliins,
Coulter, Dickison, Durham, Erwin, Faulkner, Fife, Gee, Gnn,
Haddock, Hall, Hankins, Hendricks, Hosford, Howse, Hyer,
Johnston of Gadsden, Lassiter, Langford, Manning, Maxwell,
McKinnon, McMillan, Moring, Moseley, Neal, Overstreet, Peden,
Peeler of Jefferson, Peeler of Leon, Robinson, Saxon, StanfOri,
VanZant, West, Williams of Baker, and Wills-42.
A quorum was present.
On motion the'rule was waived, and Mr. Peeler of Leon al-
lowed to make the following motion :
That the following rule be adopted for the government of i'ie
meeting, sitting and adjournment of the House: The House
shall convene every morning at precisely 9 o'clock. It shall re-
main sitting until 2 o'clock p. m., unless the orders of thle day
shall have been disposed of earlier. At 2 o'clock p. m., it hiaIll
adjourn for the day.
Which was not agreed to.
The committee appointed to wait upon the Senate and ask
their concurrence in the House resolution in reference to the
election of United States Senators, reported that they Lhd 1.e.r-
formed that duty, and were discharged.
On motion of Mr. Barrett, the House adjourned until 10
o'clock a. m., to-morrow.

----o----

FRIDAY, Dec. 22, 1865.

The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Armistead, Atkins, ]Barrett, Bates, Brock,
Brokaw, Browne, Bush, Collins, Coulter, Dickison, Durham,
Faulkner, Fife, Gee, Gunn, Haddock, Hankins, Hendricks, Hos-
ford, Howse, Hyer, Johnston of Gadsden, Lassiter, Langford,
Manning, Maxwell, McKinnon, McMillan, Neal, Overstreet,

52

Peden, Peeler of Jefferson, Peeler of Leon, Robinson, Saxon,
Stanford, VanZant and Williams of Baker--40.
So there was a quorum present.
On motion of Mr. Robinson, the reading of yesterday's pro-
ceedings was dispensed with.
On motion of Mr. Barrett, the following members presented
their credentials and were sworn by C. H. Austin, Notary Pub-
lic, and took their seats-:
St. Johns county-Paul Arnau.
Putnam Henry R. Teasdale.
Orange John R. Mizell.
Sumter John W. Johnston.
Mr. Langford moved that Mr. Moseley of Madison have
leave of absence until to-morrow week;
Which was agreed to.
"Mr. Coulter moved that the following rules be adopted for the
government of the meeting, sitting and adjournment of the
house:
The House shall convene every morning at nine o'clock; unless
the business be sooner disposed of, remain in session until one
o'clock, p. m.; take a recess until three 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.
Mr. Robinson moved that Mr. Erwin be granted leave of ab-
sence from the House for four days from to-morrow;
Which was agreed to.
Notice was given of intention to introduce the following bills
on some future day, viz:
By Mr. Fife:
A bill to be entitled an act authorizing the Circuit Courts of
this State to grant license for building toll bridges and to estab-
lish ferries, construct dams across streams not navigable; and,
A bill to be entitled an act to prescribe the manner of chang-
ing the names of persons.
By Mr. West:
A bill to be entitled an act to stay the payment of debts con-
tracted before Dec. 1, 1861.
Mr. Maxwell moved that Mr. Johnston of Gadsden be granted
leave of absence for four days from to-morrow;
Which was agreed to.
Pursuant to previous notice, the following bills were intro-
duced and placed among the orders of the day, viz:
By Mr. Hall:
A bill to be entitled an act to define and punish vagrancy and
to provide for vagrants; also,

53

A bill to be entitled an act to enforce contracts of hire.
By Mr. Stanford:
A bill to be entitled an act for the relief of Louis Lanair, Ad-
ministrator of the estate of John I. Hooker, deceased.
By Mr. Atkins:
A bill to be entitled an act to authorize certain parties to re-
move the obstructions in the Apalachicola river placed therein
during the war, and to compensate them therefore.
By Mr. Saxon: '
A bill to be entitled an act to repeal an act consolidating the
offices of Sheriff and Tax Collector and Assessor of Hernando
county.
By Mr. VanZant:
A bill to be entitled an act to regulate the transportation of
passengers on railroads in this State; also,
A bill to be entitled an act to legalize marriages of persons in
this State.
By Mr. Fife:
A bill to be entitled an act to ratify the proposed amendments
to the Constitution of the United State;
A bill to be entitled an act to prevent larceny; also,
A bill to be entitled an act to regulate and control the selling
of spirituous or intoxicating liquors.
By Mr. Manning:
A bill to be entitled an act to repeal an act entitled an act to
amend the pleadings and practice in the Courts of this State,
approved Feb'y 1, 1861.
Mr. Dickison introduced without previous notice a bill to be
entitled an act for the relief of Mrs. Martha M. Reed;
Which was placed among the orders of the day.
The following resolutions were introduced and ordered to be
placed among the orders of the day:
By Mr. Robinson:
A resolution relative to adjournment.
The rules being waived, the resolution relative to adjourn-
ment was taken up, put upon its passage and lost.
By Mr. Armistead:
A resolution relative to the marriage of colored people.
By Mr. Hall:
A resolution relative to defects in the militia laws.
By Mr. Peden:
A resolution relative to judicial decisions.
By Mr. Peeler of Jefferson:
A resolution requesting the opinion of the Attorney General
upon certain matters therein mentioned relative to the railroads
of the State.

54

Mr. Collins offered the following resolution:
Resolved, That it be referred to the Committee on the Judi-
ciary to enquire, 1st, Whether the prison system of this State is
not defective for want of a State prison or penitentiary; 2d,
What class of crimes in the criminal code should be declared
penitentiary offences; 3d, Whether the establishment of a peni-
tentiary would be likely to diminish crime; and, 4th, Whether
a penitentiary would sustain itself, pay officers and all other ex-
penses, and that they have leave to report by bill or otherwise;
Which was adopted.
Mr. Fife, from the Committee on Propositions and Grievances,
made the following report:
The Committee on Propositions and Grievances, to whom was
referred a resolution in relation to the removal of colored troops
of the United States, beg leave to submit the accompanying bill
as a substitute for the original and recommend its passage.
All of which is respectfully submitted.
C. G. FIFE, Chm'n.
Which was read and concurred in and ordered to be spread
upon the journal and the accompanying resolution placed among
the orders of the day.
.Mr. Moring, from the Committee on Finance and Public Ac-
counts, made the following report:
The Committee, to whom was referred resolutions in refer-
ence to the direct taxes due the United Statet by the State of
Florida, beg leave to report, that they have had the same under
consideration and recommend the adoption thereof.
JOHN S. MORNING, Chairman.
Which was concurred in and ordered to be spread upon the
journal and the accompanying resolutions placed among the or,
ders of the day.
The following message was received from the Senate:
SENATE CHAMBER,
Tallahassee, Dec. 21st, 1865.
lion. J. J. WrHLIAzs,
Speaker of the House of Representatives :
SIR-The Senate has this day passed the enclosed resolution
relative to the election of United States Senators.
Very respectfully,
BOLLING BAKER,
Secretary of Senate.
Which was read and the accompanying resolution placed
among the orders of the day.
On motion, the rule was waived and said resolution was read
and adopted.

55

On motion, Messrs. Erwin, Peeler of Leon and Fife were ap-
pointed a Committee to convey the resolution relative to the
election of the United States Senators to the Senate and inform
them of its adoption.
The Committee retired, and after a brief absence returned and
reported that they had performed the duty entrusted to them
and were discharged.
On motion of Mr. Williams of Leon, the rule was waived and
Mr. Haddock excused from further attendance upon the House
for to-day.

ORDERS OF THE DAY.

A bill for the relief of Mrs. Martha M. Reid,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to enforce contracts of hire,
Was read the first time and passed over informally for the
present.
A bill to be entitled an act to authorize certain parties to re-
move the obstructions in the Apalachicola river, placed there
during the war, and to compensate them therefore,
Was read the first time, rule waived, read the second time by
its title and referred to the Committee on Commerce and Navi-
gation.
A bill to be entitled an act to regulate and control the selling
of spirituous or intoxicating liquors,
Was read the first time and ordered for a second reading on
to-morrow.
On motion, the rule was waived and the bill entitled an act to
enforce contracts of hire was taken up and read the second time
and referred to the Committee on the Judiciary and 100 copies
ordered to be printed for the use of the House.
A bill to be entitled an act to define and punish vagrancy and
to provide for vagrants,
Was read the first time, rule waived, read a second time by
its title, and referred to the Committee on Judiciary.
A bill to be entitled an act for the relief of Louis Lanair, Ad-
ministrator on the estate of John I. Hooker, deceased,
Was read .the first time, rule waived, read a 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
consolidating the offices of Sheriff and Tax Collector and Asses-%
sor of Hernando county,
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.

56

A bill to be entitled an act to regulate the transportation of
passengers on railroads in this State,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to legalize marriages of persons in
this State,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to ratify the proposed amendment
to the Constitution of the United States,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to prevent Larceny,
Was read the first time, rule waived, read the second time by
its title and referred to Committee on Judiciary.
A resolution in relation to arming the Militia,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to repeal an act entitled an act to
amend the pleadings and practice in the Courts of this State, ap-
proved February 8, 1861,
Was read the first time and ordered for a second reading on
to-morrow.
A resolution relative to Colored Troops,
Was read the second time and referred to Committee on Prop-
esitions and Grievances.
A bill to be entitled an act to facilitate the collection of Taxes
and require the registration of Grants and Ddnations,
Was read second time and referred to Committee on Taxation
and Revenue.
A bill to be entitled an act giving further time to purchasers
of School and Seminary lands to complete their payments,
Was read the second time and referred to the Committee on
Schools and Colleges.
A resolution in reference to the Direct Taxes due the United
States,
Was read the second time.
Mr. Coulter offered the following amendment:
Be it further resolved by the authority aforesaid, That Con-
gress be respectfully requested to extend to the State of Florida
the same liberal per cent. that was allowed the other States for
the collection of the Direct Taxes as aforesaid;
WVhich was adopted and the resolution as amended ordered to
be engrossed for a third reading on to-morrow.
A resolution relative to Judicial Decisions,
Was read the first time and ordered for a second reading on
to-morrow.

57

A resolution in relation to the removal of colored troops of
the United States,
Was read the second time.
The substitute offered by the Committee on Propositions and
Grievances was read and adopted, and ordered to be engrossed
for a third reading on to-morrow.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, Dec. 22d, 1865. f
Hon. Jos. JOHN WILLIAMS, -
Speaker of the House of Representatives :
SIR:-The Senate has adopted the following resolution, viz
Resolution to raise a Joint Committee on Taxation and Reve-
nue, and ask the concurrence of the House in the same.
Very respectfully,
BOLLING BAKER,
Secretary of the Senate.
Which was read and the resolution placed among the orders
of the day.
Senate resolution to raise a Joint Committee on Taxation and
Revenue,
Was read and adopted.
Ordered that the same be certified to the Senate.
The rule being waived, Mr. Peden, pursulnt to previous no-
tice, introduced the following bill:
A bill to be entitled an act authorizing the sale of escheated
lands belonging to John Eaton, deceased;
Which was read the first time, rule waived, read the second
time by its title, and ordered to be engrossed for a third reading
on to-morrow.
The rule being waived, Mr. Brokaw introduced the following
resolution :
A resolution relative to the payment of certain certificates;
Which was read the first time, rule waived, read the second
time by its title, and referred to the Committee on Claims.
The rule being waived, Mr. Peden moved that the Committee
on the Judiciary be permitted to sit during the sitting of the
House;
Which was adopted.
The following message was received from his Excellency the
Governor:
EXECUTIVE OFFICE,
TALLAHASSEE, Dec. 21st, 1865.
To the Hon. Speaker of the House of Representatives:
SIE:-The Committee appointed by the Provisional Governor
S

58

under a resolution of the Convention "to examine and report to
the General Assembly for their action thereon the changes and
amendments to be made to the existing statutes, and the addi-
tions required thereto, so as to cause the same to conform to the
requisitions of the amended Constitution, and with reference
especially to the altered condition of the colored race," &c., have
completed their work and presented it to me,-with the "request
that it be laid before the two Houses of the General Assembly."
I most respectfully do so.
I have the honor to be, most respectfully,
Your obedient servant,
D. S. WALKER.
Which was read and 100 copies of the accompanying report
and bills ordered to be printed.

To the General Assembly of the State of Florida:
GENTLSMEx :-The undersigned were appointed by the Pro-
visional Governor, under a resolution of the recent State Conven-
tion, and charged with the duty of reporting to the General As-
sembly, the changes and amendments to be made to the ex-
isting statutes, and the additions required thereto, so as to cause
the same to conform to the requisitions of the amended Consti-
tution and with reference especially to the altered condition of
the colored race."
I. In entering upon the discharge of this duty, we are deeply
imipressed with the magnitude and importance of the task, and
regret that the shortness of the time elapsing between the date
of our appointment and the meeting of your honorable body, has
preclu.led the possibility of giving to the subject that thorough
investigation which its importance demanded. WTithin the brief
sp'.e allotted to us, however, we have endeavored to embody,
in the form of bills upon various subjects, some suggestions,
which we trust may be found useful in directing your minds to
such changes and modifications of the existing statutes, and ad-
ditions thereto, as may be demanded by the recent alteration in
the civil relations heretofore existing between the two races that
constitute tihe inhabitants of the State. Thie Constitutional pro-
vision declaring the abolition of negro slavery suddenly re-
movel from under the restraining and directing influence of the
Instei, nearly one full moiety of our population, and creates the
necessity of bringing them more fully under the operation of
imnici)il):d law. Heretofore, there existed in each household a
tribunal peculiarly adapted to the investigation and punishment
of the great majority of the minor offences, to the commission
of which this class of population was addicted. With the de-
struction of the institution of negro slavery, that tribunal has be-

59

come extinct, and hence the necessity of erecting another in its
stead and of making such modifications in our legislation as shall
give full efficiency to our criminal code. It is to the organization
of such a tribunal, as of first importance, that we now desire to
invite your attention.
It must be manifest to every reflecting mind, that the Cir-
cuit Court" as at present oVganized, extending as it does its ju-
risdiction over a large area of territory, embracing a dozen or
more counties, and confined to the holding of stated terms,
however efficient heretofore in the restraining of crime, is 1but
illy adapted to the present exigency. In view of the great in-
crease of minor offences, which may be reasonably anticil:itec
from the emancipation of the former slaves, a wise forecast would
seem to call imperatively for the erection of a criminal tribunal,
more local in its jurisdiction and of greater promptness in its
administration of the penalties of the law. Such evidently w:as
the design of the recent Convention in extending the Judicial
power," so as to embrace such other Courts as the Gucnral
Assembly may establish." The Constitutional provision grant-
ing this power to the General Assembly is as follows, to-wvit:
"The Judicial power of this State, both as to matters of law
and equity, shall be vested in a Supreme Court, Courts of Chan-
cery, Circuit Courts and Justices of the Peace; pirovried, the
General Assembly may also vest such civil or criminal jurisdic-
tion as may be necessary in Corporation Courts and such ot?'er
Courts as the General Assembly may establish, but such' juris-
diction shall not extend to capital cases."
With all the reflection that we have been able to bestow upon
the subject, and aided by the light drawn from the legislation of
other States, we have, nevertheless, found it extremely difficult
to devise any plan of organization for the proposed Court, which
is entirely free from objection. We present, however, with
great deference, for your consideration and action thereon, a
bill entitled "An act to establish and organize a county Crimi-
nal Court," which we think will be found, upon examination, to
be as free from objection and as well adapted to the exigency
growing out of the new order of things as can well be devised.
II. The next subject that claimed the attention of the Com-
mission was, the present state of our criminal laws, as applicable
to the two different races that constitute the population of the
State: By reference to the statute-book, it will be found that in
most of the minor offences and a few of the more aggravated,
a marked distinction is made between white persons and free ne-
groes and slaves, with regard to the commission of these of-
fences. After the maturest reflection upon the subject, we have
come to the conclusion that a wise policy would dictate, that
with a very few exceptional cases, this discrimination be abol-

60

ished, as far as it may be done without impairing the efficiency
of the prescribed penalties, and that both races be subjected to
the same code.
In making this recommendation, the undersigned would not
be understood as favoring the idea, that there exists, either in
the Federal Constitution or in that of the State, any inhibition
to control the authority of the General Assembly in making
such discrimination, whenever the welfare of society or the safe-
ty of the community may demar.d it. This authority, however,
is not to be exercised beyond the granting or restricting of what
is usually denominated mere privileges," in contradistinction to
the absolute rights" of individuals. The enjoyment of the
rights of person and property, together with the means of re-
dress, is, by our amended Constitution, guaranteed to all the
inhabitants of the State, without distinction of color, and may
not be invaded by the legislation of the General Assembly.
With this limitation, the power to discriminate between the two
races has always been exercised without stint, by the respective
States of tLe Union, not even excepting those of New England.
Their statute-books are replete with -enactments confirmatory of
the truth of this statement, nor is there any lack of judicial evi-
dence on the point.
In 1833, Connecticut passed a law which made it a penal of-
fence to set up or establish any school in that State, for the in-
struction of persons of the African race, not being inhabitants of
the State, or to instruct or teach in any school or institution, or
board or harbor for that purpose, any such person, without the
previous consent in writing of the civil authority of the town in
which such school or institution might be located. A case arose
under this law, in which one of the points raised in the defence
was, that the law was a violation of the Constitution of the
United States, which guarantees that the citizens of each State
shall be entitled to all privileges and immunities of citizens in the
several States." The case was tried before Chief Justice Dog-
get, and lie held that persons of the African race were not citi-
zens of a State, within the meaning of the word "citizen" as
used in the Constitution of the United States, and were, there-
fore, not entitled to the privileges and immunities of citizens in
other States. (Vide Crandall vs. the State, 10 Cow. Repts. 346.)
In Kentucky, the point has been repeatedly decided the same
way, nor are we aware that its correctness has ever been judi-
cially questioned in any State of the Union. Chancellor Kent,
whose accuracy and research no one will question, states em-
phatically, that in no part of the country except Maine, did the
African race in point of. fict participate equally with the whites,
in tihe exercise of civil and political rights. (2 Kent Com. 258,
note b.)

61

But the right to exercise the power of discrimination does not
rest alone upon the action of the States-it has, time and again,
been sanctioned by every department of the Federal Govern-
ment. In its legislation for the District of Columbia, the Con-
gress has never hesitated to recognize the difference that exists
between the two races, both as it regards their social and politi-
cal status. Such, too, has been universally the action of the
Executive department, backed by the official opinions of such
men as William Wirt and Caleb Cushing, and endorsed by that
giant of Constitutiona. law, Daniel Webster, while acting as
Secretary of State. Upon application to him for letters of pro-
tection to visit Europe, he refused to grant them, upon the dis-
tinctly stated ground that the applicants were not citizens" in
the meaning of the word as used in the Constitution.
But if there ever did exist any doubt upon this subject, it
ought forever to be put at rest by the authoritative decision in
the great case ot Dred Scott vs. Sandford, reported in 19 How-
ard, S. C. Reports, 393. In the opinion delivered in" that case,
undoubtedly the greatest intellectual effort of the late Chief Jus-
tice Taney, it is expressly held, that a free negro of the African
race, whose ancestors were brought to this country and sold as
slaves, is not a.' citizen' within the meaning of the Constitution
of the United States." And it is as strongly stated in the same
opinion, that it is not within the constitutional power of Con-
gress to make him such.
In commenting upon the legislation of Congress with reference
to this race, the C. J. veiy forcibly and significantly remarks:-
"This law, like the laws of the States, shows, that this class of
persons were governed by special legislation directed exclusively
to them, and always connected with provisions for the govern-
ment of slaves and not with those for the government of white
citizens. And after such a uniform course of legislation as we
have stated, by the -Colonies, by the States, and by Congress,
running through a period of more than a century, it would seem
that to call persons thus marked and stigmatized citizens" of
the United States-" fellow-citizens"-a constituent part of the
sovereignty, would be an abuse of terms and not calculated to
exalt the character of an American citizen in the eyes of oth-
er nations.
This adjudication was rendered just four years prior to he
commencement of the late revolution, and it may not be inappro-
priate to enquire whether any of the results of that revolution
can be justly invoked to impair its authority as a just and en-
lightened exposition of the Constitution. It is true that one of
the results was the abolition of African slavery, but it will hardly
be seriously argued that the simple act of emancipation of itself

62

worked any change in the social, legal or political status of such
of the African race as were already free. Nor will it be insisted,
we presume, that the emancipated slave technically denominated
a Freedman," occupied any higher position in the scale of
rights and privileges than did the "free negro." If these
inferences be correct, then it results as a logical conclusion that
all the arguments going to sustain the authority of the General
Assembly to discriminate in the case of Free negroes," equally
apply to that of "Freedmen" or emancipated slaves.
But it is insisted by a certain class of radical theorists that the
act of emancipation did not stop in its effect, in merely severing
the relation of master and slave, but that it extended further, and
and so operated as to exalt the entire race and place them upon
terms of perfect equality with the white man. These fanatics may
be very sincere and honest in their convictions, but the result of
the recent elections in Connecticut and Wisconsin shows very
conclusively that such is not the sentiment of a majority of the
so-called free states.
While we thus strenuously assert the authority of the General
Assembly to exercise the power of discrimination within the lim-
its before indicated, we would earnestly, but respectfully recom-
mend that it be exercised only in exceptional cases, and so far as
may be necessary to promote the welfare of society, and to in-
sure the peace, good order and quiet of the entire community.-
Impressed with these views, and in furtherance of this end, we
have prepared a bill to accompany this report entitled An act
prescribing additional penalties for the commission ofoffences
against the State, and for other purposes."
The first section of the bill provides, that whenever, in the
criminal laws of this State heretofore enacted, the punishment of
the offence is limited to fine and imprisonment, or to fine or im-
prisonment, there shall be superadded as an alternative, the pun-
ishment of standing in the pillory for an hour or whipping, not
exceeding thirty-nine stripes, on the bare back, or both, at the
discretion of thejury." By an examination of the respective codes,
as applicable to the two classes of population, white and black,
it will be found that they differ but little as to the nature of the
offences designated in each. The great mark of difference is to
be found in the character of the punishments. There seems al-
ways to have existed in the minds of our legislators a repugnance
to the infliction of corporeal punishment upon the white man,
and hence the resort to fine and imprisonment for the punishment
of offences committed by him, while that mode of punishment is
almost the only one applied to the colored man for the commis-
sion of any of the minor offends. This discrimination we think
is founded upon the soundest principles of State policy, growing
out of the difference that exists in the social and political status

63

of the two races. To degrade a white man by punishment, is to
make a bad member of society and a dangerous political agent.
To fine and imprison a colored man in his present pecuniary con-
dition, is to punish the State instead of the individual. The pro-
vision contained in the first section of the proposed bill, is not
designed to interfere with the discrimination above referred to,
but only to give a wider range to the discretion of the jury, in
applying the punishment to the offence.
The second section of the bill is deemed important to remedy
a defect growing out of the extreme technicality of the common
law with reference to the subject indicated. By the principles of
that law, if the "severance" from the freehold, and the felo-
nious taking:and carrying away," be one and the same continued
act, it would amount only to a trespass," for which the injured
party was remitted to his action for damages on the civil side of
the court, but for which the perpetrator of the act could not be
criminally punished. In view of the present condition of things,
we think that this rule of the common law ought to be altered
as is proposed to be done by the second section of the bill.
The other sections,.with the exception of the 12th, are suf-
ficently indicative of their purpose not to require any special
comment. They have been carefully and critically compared
with the statute law as it now stands, and their adoption is
deemed necessary to remedy existing defects and to provide for
the punishment of new offences which are likely to occur under
the changed condition of society.
The 12th section restricts the privilege of the use of fire-arms
by colored persons to such only as are of an "orderly and peace-
able character." The authority of the General Assembly to im-
pose this restriction is beyond doubt. Neither the 2d article of
the amendment to the Federal Constitution, nor the first section
of the sixteenth article of the State Constitution, nor anything
contained in either of said instruments, can by any fair interpre-
tation be deemed to oppose any obstacle to the exercise of this
authority. A reference to the legislation of the Northwestern
States, will show that they recognize the right to impose suitable
restrictions upon this class of their population; and the section
now under consideration is almost a literal transcript of the law
of Indiana upon that subject. If the restriction is deemed impor-
tant to the welfare of a community, in which not one in a thou-
sand is affected by it, how much more important with us, where
nearly one full moiety of the population is of that class. The in-
terests of the well disposed and peaceable colored man, whose
right it is to enjoy the fruits of his honest industry, as well as the
safety of the entire community, both white and black, impera-
tively demands that the privilege of bearing arms should be ac-
corded only to such of the colored population as can be recom-

64

mended for their orderly and peaceable character. It is needless
to attempt to satisfy the exactions of the fanatical theorist, we
have a duty to perform-the protection of our wives and children
from threatened danger, and the prevention of scenes which may
cost the extinction of an entire race.
III. The next subject that engaged the attention ofthe commission
was that of vagrancy, and as the result of their reflections they
respectfully present for your consideration a bill to be entitled
an act to punish vagrants and vagabonds." Without materially
altering the law as it now stands, it is the purpose of the pro-
posed bill, while adding such penalties as are most likely to deter
from the commission of the offence, so to provide that their in-
fliction shall by no possibility impose a pecuniary charge upon
the public. Undoubtedly, in the absence of a State penitentiary,
the most effectual measure to accomplish this purpose would be
the establishment of local work-houses, in which the offender
could be employed in some productive labor, which would enure
to the defraying of the charge of his maintainance, while under-
going the penalty of his offence. This, however, is deemed im-
practicable in the present pecuniary condition of the country,
and we have endeavored in the proposed bill to approximate as
nearly as may be to the desired object. The provisions of the
bill are made applicable to all vagrants without distinction of
color.
IV. The law as it now stands, very properly prohibits the in-
termarriage of white and colored persons, declaring all marriages
of the kind to be utterly null and void, and the issue of the same
to be bastards, and incapable of inheriting any property. It also
makes it a penal offence for a white man to attempt to intermarry
or to live in a state of adultery or fornication with a negro, mu-
latto, quadroon, or other colored female, but omits to make it
penal for a white female to live in a state of adultery or fornica-
tion with a colored male, or for a colored male to live in a state
of adultery or fornication with a white female. This we have
deemed to be an important omission in the law, and, to remedy
the defect, respectfully present for your consideration a bill to
be entitled an act in addition to the act entitled an act to amend
the act entitled an act concerning marriage licenses, approved
January 23d, A. D. 1832. It might be thought that the general
act against fornication and adultery is sufficiently comprehensive
to embrace these cases, but it is very evident from the terms in
which it is couched, that it was designed to apply only to white
persons, for it provides that, "it shall at any time be in the power
of the parties to prevent or suspend the prosecution by marriage
legally solemnized." Vide Thomp. Dig. p. 499, 500, Sec. 7.
V. Deeply impressed with the sense of the obligation that
rests upon the white race, as the governing class, to do all that

65

may lay in their power to improve the moral condition of the re-
cently emancipated slaves, the undersigned most respectfully pre-
sent for your consideration, "a bill to be entitled an act to establish
and enforce the marriage relation between persons of color."
Heretofore, from the very necessity of the case, this matter was
left to be regulated by the moral sense of the master and the
slave, and may in truth be said to have been the only inherent
evil of the institution of slavery, as it existed in the Southern
States. Now the obstacle of compulsory separation is removed,
and, as a Christian people, we should embrace the earliest oppor-
tunity to impress upon this class of our population, and if need
be, to enforce by appropriate penalties, the obligation to observe
this first law of civilization and morality, chastity and the sanc-
tity of the marriage relation. With these views we have pre-
pared the bill and respectfully invoke for it your favorable con-
sideration.
VI. Next to the enactment of laws for the prevention of crime
and the enforcement of the domestic relations, there is no sub-
ject so intimately connected with the permanent welfare and
prosperity of a people, as that of a well regulated labor system.
Such a system we recently enjoyed under the influence of the
benign, but much abused and greatly misunderstood institution
of slavery. That has been swept away in the storm of revolu-
tion, and we are now remitted to the operation of an untried
experiment. Whether we shall be successful in devising a plan
to make the labor of the emancipated slave available, is a prob-
lem of doubtful solution, and one in which he is vastly more in-
terested than is his former master.
This unfortunate class of our population, but recently consti-
tuting the happiest and best provided for laboring population in
the world, by no act of theirs, or voluntary concurrence of ours,
with no prior training to prepare them for their new responsi-
bilities, have been suddenly deprived of the'fostering care and
protection of their. old masters, and are now to be seen, like so
many children, gamboling upon the brink of the yawning preci-
pice-careless of the future and intent only on revelling .in the
present unrestricted enjoyment of the newly found bauble of
freedom. Their condition is truly pitiable, and appeals to every
generous bosom for aid and succor, and we have greatly mis-
taken the character of the Southern people if that appeal shall be
made in vain. We are not responsible for this pitiable condition
of the race, but we will nevertheless exert ourselves to save them
from the ruin which inevitably awaits them if left to the tender
mercy of that canting hypocrisy and mawkish sentimentality
which has precipitated them to the realization of their present
condition.
9

66

War has done but little to curtail the area of the cultivable
lands of the South-the broad acres still present their inviting
surface to the labor of the husbandman ; and if the effort to make
the emancipated slave an efficient laborer shall fail, then, as a last
alternative, resort must be had to the teeming population of
over-crowded Europe. But let not this fearful alternative, preg-
nant as it is with the ruin and destruction of a helpless race, be
adopted until we shall have given them a fair and patient trial.
As the superior and governing class, we are bound to this by
every principle of right and prompting of humanity, yea, by the
obligation of gratitude. For where, in all the records of the
past, does history present such an instance of steadfast devotion,
unwavering attachment and constancy, as was exhibited by the
slaves of the South throughout the fearful contest that has just
ended ? The country invaded, homes desolated, the master ab-
sent in the army, or forced to seek safety in flight, and to leave
the mistress and her helpless infants unprotected-with every
incitement to insubordination and instigation to rapine and mur-
der, no instance of insurrection, and scarcely one of voluntary
desertion, has been recorded. This constancy and faithfulness
on the part of the late slaves, while it has astonished Europe and
stamped with falsehood the ravings of.the heartless abolitionists,
will forever commend them to the kindness and forbearance of
their former masters. They will do all in their power to pro-
mote his welfare and to encourage and secure his moral and
mental improvement. While they confine him to his appropriate
sphere of social and political inferiority, they will endeavor to
stimulate him to all legitimate efforts at advancement, and by the
exercise of kindness and justice towards him, teach him to value
and appreciate the new condition in which he is placed.
If, after all, their honest efforts shall prove unavailing, and
this four millions of the human family, but recently dragged up
from barbarism, and through the influence of Southern masters
elevated to the status of christian men and women, shall be
doomed by the inscrutable behest of a mysterious Providence
to follow in the footsteps of the fast-fading aborigines of this
continent; and when the last man of the race shall be standing
upon the crumbling 'brink of a people's grave, it will be some
compensation to the descendants of the Southern master to
catch the grateful and benignant recognition of this representa-
tive man, as he points his withered finger to the author of his
ruin and exclaims, "Thou didst it."
We have prepared a bill, entitled "An Act in relation to the
contracts of persons of color," which we trust will be found to
be in accordance with the foregoing views, and respectfully ask
for it your favorable consideration.
VII. We also present for your consideration a bill to be en-

67

titled "An Act in relation to apprentices," which is made appli-
cable to both races, without distinction of color, and is designed
to remedy the defects and supply the omissions in the law as it
now stands.
VIII. The subject of keeping up the cultivation of plantations
belonging to minors, and upon the proceeds of which they are
exclusively dependent for their support and maintainance, has
been brought to our attention, and we deem it of sufficient im-
portance to demand the special legislation of'your honorable
body. It is not to be expected of executors, administrators
and guardians, that they will consent to incur a personal liability
for the benefit of the estates of their wards, and yet the working
of them may be the only means of rendering them productive.
Unless special authority be given to the representatives of these
estates to do so, but few will assume the responsibility of work-
ing them with hired labor; and they must consequently remain
unavailable for the support and maintainance of the minor chil-
dren, and an incubus upon their hands. Impressed with the
importance of the subject, we present for your consideration a
bill entitled "An Act.authorizing executors, administrators and
guardians to contract for the hire of laborers, and confirming
contracts heretofore made."
IX. By a rule of the common law, no person having the re-
motest pecuniary interest in a suit at law is permitted to testify
upon the trial of the same. We have always adhered strictly
to this ancient canon, and such now is the rule governing the
practice in our courts. In England, and in some of the States
of the Union, this rule has been so much relaxed as to permit
the parties to testify in their own behalf, and to compell them,
when required to do so, to testify in behalf of the opposite par-
ty, leaving the credibility of the person so testifying to be judged
of by the jury. So far as we have been able to learn, no injury
has resulted from this relaxion, but on the contrary it is said to
have greatly facilitated the ascertainment of truth, wherever it
has been adopted. But be this as it may, we are' decidedly of
the opinion that the provision in our amended Constitution giv-
ing to persons of color the right to testify in court, imperatively
demands that the rule be so altered as to conform to the change
above indicated. With this end in view, we respectfully com-
mend to your favorable consideration the bill entitled "An Act
concerning testimony."
X, In accordance with the spirit of the recently amended
Constitution, which declares that "all the inhabitants of the
State without distinction of color are free, and shall enjoy the
rights of person and property, without distinction of color," we
respectfully present for your consideration "An Act to extend
to all the inhabitants of the State the benefits of the courts, and

68

the processes thereof." The purpose of the Act is to give to
the colored population the same standing in the several tribunals
of justice that are accorded to the white population, and thus
place them upon terms of perfect equality under the law. The
provision of the Constitution according to them the rights of
person and property, would be but an idle declaration and a de-
ception, unless they were afforded the means of prosecuting and
defending their rights. We believe that the Convention intended
to act in good faith in granting this great immunity to this in-
ferior and dependent class of our population, and that the adop-
tion of the proposed measure, while it will consummate that
intention, will also serve to demonstrate to them that, as the
superior and governing class, we intend- to render to them equal
and exact justice.
XI. The subject of making suitable provision for the support
of such of the colored population as are superannuated or ren-
dered unable to work by disease, has occasioned the commission
much anxious thought, but after the maturest reflection we have
been unable to devise a system which would be an improvement
"upon the law as it now stands. The whole subject is under the
control of the Board of County Commissioners of the respective
counties, and they will doubtless make such wholsome provision
in regard to the matter as the exigency of the case may demand.
From the tone of public sentiment on the subject, we anticipate
but little suffering on the part of this class of the colored popu-
latioi. The late owners almost universally express a deep sym-
pathy for the condition of such of their former slaves as are
superannuated, or too infirm to gain a livelihood by work, and
with but few exceptions they will be allowed to remain upon
the plantations and be cared for as formerly. It is only the idle,
lazy and insolent-Wh'&will probably suffers.
XII. Nor has ihe Coritiis'sion been unmindful of the important
subject of providing facilities for the mental improvement of the
colored race; but they have come to the conclusion that in the
present condition of this population, it would be premature to
attempt to organize any general system of education. Their
migratory and unsettled condition is such at present as to afford
but little promise that any system, however well devised, would
be successful. The first lesson to be taught them is, that their.
new-found liberty- is not license, and that labor is. ordained of
God, and a necessity of their condition. For the next year or
two, the important struggle with them will be to provide suste-
nance for the physical man. That lesson properly inculcated
and impressed, it will be time enough then to attend to the cul-
ture of the intellect. When that time shall arrive, the South
will need no prompting to duty from any quarter whatsoever.
XIII. The several subjects brought to the view of the General

69

Assembly in this Report, are such as were deemed to come
strictly within the provision of the resolution of the Convention
authorizing the appointment of the Commission, and we have
not felt ourselves at liberty to travel beyond the limits therein
indicated. The time allotted to us for the task, and the pressure
of prior engagements, cause us to fear that the work is not as
perfect and complete as might have been desired. We trust,
however, that whatever omissions may have occurred will be
supplied by the wisdom of your honorable body.
C. H. DuPONT,
A. J. PEELER.

To the General Assembly of the State of Florida:
The undersigned, one of the Committee appointed under the
resolution of the Convention to report to the General Assembly
the changes and amendments to be made to the existing statutes,
believing that their Report should be confined to a simple ex-
planation of the provisions of the bills they submit for the con-
sideration and action of the General Assembly, and differing
from the majority of the Committee as to the extent to which
the views to be embodied in their Report should be carried, has
declined to sign the Report submitted.
In making this separate Report for himself, the undersigned
desires to express his concurrence in the bills proposed for the
adoption of the General Assembly, and to unite in the declara-
tion of the majority of the Committee, that they are the result
of the most anxious deliberation and examination of the various
subjects to which they refer. That they may not be found to
be in some degree imperfect; and not liable to some objections,
is not assumed, for in the conflict of opinions now existing in
regard to the new problenrs to be solved, and the new relations
which the different classes of the population sustain to each other,
very few minds would be likely to work out a perfect result.
Whatever defects may be found to exist, and whatever errors
may have been committed, either in the details of the bills or in
the reasons and principles on which they are founded, will, it is
confidently hoped, be corrected by the wisdom of the General
Assembly.
Respectfully,
M. D. PAPY.

On motion, the House adjourned until to-morrow morning, 10
,o'clock.

70

SATURDAY, Dec. 28, 1865.

The House met pursuant to adjournment.
The roll being called, the.following members answered to their
names:
Mr. Speaker, Messrs. Armistead, Arnau, Atkins, Barrett,
Bates, Brock, Brokaw, Bush, Coulter, Dickison, Durham, Erwin,
Faulkner, Fife, Gee, Gunn, Haddock, Hall, Hankins, Hendricks,
Hosford, Howse, Hyer, Johnston of Gadsden, Johnston of Sum-
ter, Lassiter, Langford, Manning, McKinnon, McMillan, Mizell,
Moring, Neal, Overstreet, Peden, Peeler of Jefferson, Peeler of
Leon, Robinson, Saxon, Teasdale, VanZant, West, Williams of
Baker and Wills-44.
So there was a quorum present.
The Rev. J. E. DuBose officiated as Chaplain.
On motion of Mr. VanZant, the reading of the journal of yes-
terday's proceedings was dispensed with.
On motion of Mr. Barrett, Mr. John A. Henderson, member
elect from Hillsborough county, presented his credentials and
was duly sworn by C. H. Austin, Notary Public.
Mr. Barrett moved that Messrs. Fife and Manning of Jefferson
County, be granted leave of absence for one week after to-day;
Which was agreed to.
Mr. Gee moved that Mr. Teasdale be placed upon the Com-
mittee on Revenue and Taxation;
Which was agreed to.
Notice was given of intention to introduce on some future day,
the following bills, viz:
By Mr. Overstreet:
A bill to be entitled an act to allow the legal voters of Brevard
County to locate the county site of said county.
By Mr. Williams of Baker :
A bill to be entitled an act in relation to Peddling on the riv-
ers and other water courses in the State of Florida, &c.
By Mr. Gunn:
A bill to be entitled an act to repeal certain acts and resolu-
tions for improving the navigation of certain rivers.
By Mr. Hall:
A bill to be entitled an act for the relief of Mrs Eliza Stewart
of Orange County.
By Mr. Howse:
A bill to be entitled an act to prevent hunting and fishing on
the Sabbath, and for other purposes; also
A bill to regulate the penning and milking of cattle in this
State.
Mr. Brokaw moved that 100 copies of a resolution relative to

71

the payment of certain certificates be printed for the use of this
House;
Which was agreed to.
Mr. Johnston moved that leave of absence for four days be
granted to Mr. Neal;
Which was agreed to.
Mr. Coulter moved that all bills which have heretofore or may
hereafter be introduced in this House shall be referred to the
appropriate committee, and that one hundred copies of every bill
reported by either of the the Standing Committees of the House
shall be printed for the use of the members thereof;
Which was not agreed to.
Mr. Erwin moved that Mr. Robinson be added to the Stand-
ing Committee on the Militia;
Which was agreed to.
Mr. Hankins moved that Mr. Overstreet be added to the Com-
mittee on Internal Improvements:
Which was agreed to.
The following petition was read, and on motion of Mr. Teas-
dale, referred to the Committee on Judiciary:
A petition of J. B. Askew and Mrs. S. J. Askew.
The rule being waived, Mr. Hall introduced the following bill:
A bill to be entitled an act to make Dogs property, and pro-
vide for their taxation;
Which was read and placed among the orders of the day.
The rule being waived, on motion of Mr. Erwin, Mr. Green,
member elect from Manatee county, presented his credentials and
was duly sworn by C. H. Austin, Notary Public.
Mr. Moring offered the following resolution:
Resolved, That on adjourning to-day this House adjourn to
meet on next Wednesday, the 27th inst., at ten o'clock, the Sen-
ate concurring;
Which was read.
Mr. Peden offered the following amendment:
That after the adjournment of this House on to-day, the House
will take a recess until Wednesday next, twelve o'clock, M.;
Which was read.
Mr. Williams of Baker, offered the following amendment to
the amendment:
That this House, after adjournment to-day, take a recess until
the first Monday in February, 1866;
Which was not agreed to.
The amendment offered by Mr. Peden was read and the yeas
and nays called for by Messrs. Barrett and Williams of Baker,
and were:
Yeas-Messrs. Armistead, Barrett, Bates, Brokaw, Browne,
Bush, Dickison, Durham, Faulkner, Fife, Gee, Green, Gunn,

Haddock, Hankins, Hosford, Howse, Hyer, Johnston df Gads-
den, Lassiter, Langford, Manning, Maxwell, McKinnon, Mizell,
Morning, Neal, Overstreet, Peden, Peeler of Jefferson, Robinson,.
Saxon, Stanford and West-34.
Nays-Mr. Speaker, Messrs. Arnau, Atkins, Brock, Collins,
Coulter, Henderson, Hendricks, Johnston of Sumter, McMillan,.
Peeler of Leon, Teasdale, VanZant, Williams of' Baker and
Wills-15.
So the amendment was adopted.
The resolution relative to adjournment was then taken up, and
on motion of Mr. Williams of Baker, the words, the Senate
concurring," were stricken ont.
The resolution as amended was put upon its passage, the yeas
and nays being called for by Messrs. Coulter and Williams of
Baker, upon which the vote was:
Yeas-Messrs. Armistead, Barrett, Bates, Brock, Brokaw,
Browne, Bush, Dickison, Durham, Faulkner, Fife, Gee, Green,
Gunn, i-addock, Hankins, Hosford, Howse, Hyer, Johnston of
Gadsden, Lassiter, Langford. Manning, Maxwell, McKinnon,
Mizell, Moring, Neal, Overstreet, Peden, Peeler of Jefferson,
Robinson, Saxon, Stanford, and West-35.
Nays-Mr. Speaker, Messrs. Arnau, Atkins, Collins, Coulter,
Hal!, Henderson, Hendricks, Johnston of Sumter, McMillan,
Peeler of Leon, Teasdale, VanZant, Williams of Baker and
Wills-15.
So the resolution passed as amended.
Mr. Dickison, from the Committee on Public Lands, made the
following report:
The Committee on Public Lands, to whom was referred a bill
to be entitled an act to alter the mode of selling School and Semi-
nary Lands, beg leave respectfully to

REPORT:

That, in heir opinion, the bill ought not to pass, for the reason
that it would give none but moneyed men an opportunity to pur-
chase these lands, and, therefore, be a great inducement for
speculation.
In the opinion of your committee, if these lands were sold for
cash, as proposed by this bill, no safe and proper investment of
the funds accruing from such sale could be made.
Respectfully submitted,
J. J. DICKISON, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Gee, from the Committee on Taxation and Revenue, made
the following report:

73

The Committee on Taxation and Revenue, to whom was re-
ferred a bill to be entitled an 'act to facilitate the collection and
require the registration of grants and donations, beg leave to re-
port that they have had the same under consideration and re-
commend the passage of the same.
Very respectfully,
W. H. GEE, Chairman.
Which was read and the accompanying bill placed among the'
orders of the day.
Mr. Fife, from the Committee on Propositions and Grievances,.
made the following report:
The Committee on Propositions and Grievances, to whom was
referred a resolution requesting the Governor to use his influence
with the Commanding General to get the Colored Troops with-
drawn from Hamilton county, beg leave to report that the same
subject is embraced in a resolution requesting the Governor to
use his exertions to have said troops removed from the State of"
Florida, and therefore beg leave to report said resolution back
to the House.
C. G. FIFE, Chairman.
Which was read and the accompanying resolution placed among
the orders of the day.
Mr. Peden, from the Committee on the Judiciary, made the-
following report:
The Committee on the Judiciary, to whom was referred a bill
to be entitled an act to provide for the revision, collation and
digesting of the whole of the public statute law of Florida, have-
had the same under consideration and report the same back to.
the House, without amendment, and recommend its passage.
The Committee deem it their duty to invite the special atten-
tion of the House to the importance of placing the public law of
the State in the reach of the people. It has been twenty years
since the compilation of Thompson's Digest, and much of said
Digest has been altered, changed and repealed by subsequent
legislation. This legislation is to be searched for through a num-
ber of unbound pamphlets-some copies of which are so scarce
as not to be found in even the library of the best lawyers in the
country.
How is it possible for the numerous civil officers of the State
.to rightfully discharge the duties required of them by law when
they are unable to know what the law is? and much of the liti-
gation in the Courts founded upon the proceedings of Judges of
Probate, Clerks, Sheriffs, and other officers are attributable to
the fact that the laws are not furnished them. And not only is
it essential that the civil officers of' the Government should be
enabled fully toacquaint themselves with the extent of their
10

rights, duties and obligations as such, but the people-the whole
people, should have an opportunity of purchasing at cost a copy
of the public statutes under which they live, and by which all
questions affecting their lives, liberty, reputations and fortunes
are to be tried and determined.
The Committee are not unmindful of the fact that the State is
poor, and that the cost of this revised code may amount to sev-
eral thousand dollars. But what is a few thousand dollars inr
comparison to the great public good that will result from its
publication ?
As before remarked, twenty years have passed since the com-
pilation of Thompson's Digest, and when will there be a more
suitable time to prepare this code than now, when we are start-
ing out on a new career, under a new and revised Constitution,
and under a new state of things generally ?
The resolution referred to the Committee requesting the Gov-
ernor to appoint a suitable person or persons to digest the laws.
of Florida, report the same back to the House, recommending
that,no further action be taken thereon, as the whole subject
matter is embraced in the previous bill.
Respectfully submitted,
JAS. A. PEDEN, Chairman.
A. J. PEELER,
C. G. FIFE.
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 for the relief of Louis Lanair, Administrator of
the estate of John I. Hooker, 'deceased, have the honor to

REPORT,

That they have had the same under consideration. This bill
is of the character of special legislation, which your committee do
not favor unless under very peculiar circumstances. There is no
proof before the Committee of the nature of the accounts to be
allowed. The rights of other parties may be involved, who are
not before the Committee, and it is not considered safe to assume
the exercise of judicial powers.. The bill is therefore referred
back to the House for such action as may be appropriate.
Respectfully submitted,.
JAS. A. PEDEN, Chairman.
C. G. FIFE,
A. J. PEELER.
Which was read and the-accompanying bill placed among the
orders of the day.

75

Also the following:
Your committee have had before them the resolution in rela-
tion to marriages between colored persons. The committee
raised by the Convention and appointed by the Provisional Gov-
ernor, has reported a bill embracing the subject, which renders
other action at present unnecessary.
JAMES A. PEDEN, Chm'n.
C. G. FIFE,
A. J. PEELER.
Which was read and the-accompanying resolution placed
among the orders of the day.
The rule being waived, Mr. Robinson moved that a committee
of three be appointed to inform the Senate of the passage of the
House resolution relative to adjournment;
Which was agreed to, and Messrs. Robinson, Langford and
Manning appointed said committee.
The committee retired, and after a brief absence returned and
reported that they had performed the duty and were discharged.
Mr. West, from the Committee on Engrossed Bills, reported
the following resolutions as correctly engrossed, viz:
The Committee on Engrossed Bills, to whom was referred "A
resolution relative to the removal of colored troops," and also
"A resolution in reference to the direct taxes due the United
States," beg leave respectfully to report: That they find said
resolutions correctly engrossed.
Respectfully submitted,
EDWIN WEST, Chairman.
Which was read and the accompanying resolutions placed
among the orders of the day.
The rule being waived, Mr. Peden moved to recommit the
bill entitled an act in relation to the sale of public lands to the
committee which has had it under consideration, with power to
send for persons and papers;
Which was agreed to.
The rule being waived, pursuant to previous notice, Mr. Fife
introduced the following bills:
A bill to be entitled an act to authorize the Circuit Courts to
grant licenses to build bridges, ferries and dams across streams
not navigable; also,
A bill to be entitled an act to prescribe the manner of changing
the names of persons;
Which were received and placed among the orders of the day.

ORDERS OF THE DAY.

A bill to be entitled an act to make dogs property and provide
for their taxation,

76

Was read the first time, rule waived, read the second time by
its title, and on motion of Mr. Barrett, passed over informally.
A bill to be entitled an act to authorize the Circuit Courts to
.grant licenses to build bridges, ferries and dams across streams
not navigable,
Was read the first time and ordered for a second reading on
Wednesday.
A bill to be entitled an act to prescribe the manner of changing
the names of persons,
Was read the first time and ordered for a second reading on
"Wednesday.
A bill to be entitled an act for the relief of Louis Lanair, ad-
mninistrator on the estate of John I. Hooker, deceased,
Was read the second time.
The rule being waived, Mr. Stanford moved that the bill for
the relief of Louis Lanair be recommitted to the Committee on
the Judiciary ;
Which was agreed to.
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 the
State, to be the revised code of Florida,
Was read the second time and on motion of Mr. Peeler of
.Jefferson was passed over informally.
A resolution to authorize the Governor to appoint a suitable
person or persons to digest the laws of Florida;
Was read the second time and on motion of Mr. Peeler of
Leon was passed over informally.
The rule being waived, Mr. Maxwell gave notice of intention
to introduce the following bills at some future day:
A bill to be entitled an act to prevent certain persons from
carrying fire-arms;
A bill to be entitled an act to provide for the election of Jus-
tices of the Peace;
A bill to be entitled an act to provide for the appointment of
tax assessors and collectors;
A bill to be entitled an act to encourage telegraphic communi-
cation between Florida and Cuba and other West India islands;
*and also,
A bill to be entitled an act to increase the powers of the
Mayor or Intendent of any city or incorporated town in this
State.
On motion of Mr. Robinson, the House took a recess until five
minutes before 12 o'clock.

77

5 MINUTES BEFORE 12 O'CLOCK.

The House resumed its session.
The roll being called the following members answered to their
names:
Mr. Speaker, Messrs. Armistead, Atkins, Barrett, Bates,
Coulter, Durham, Erwin, Faulkner, Fife, Gunn, Haddock, Hall,
Hankins, Henderson, Hendricks, Howse, Hyer, Johnston of
Gadsden, Johnston of Sumter, Lassiter, Langford, Manning,
McKinnon, McMillan, Mizell, Moring, Neal, Overstreet, Peeler
of Jefferson,.Robinson, Saxon, Stanford, Teasdale, and Williams
of Baker--35.
So there was a quorum present.
Mr. Erwin moved that a committee of three be appointed to
wait upon the Senate and inform them that the House was ready
to go into the election of United States Senators;
Which was agreed to, and Messrs. Erwin, Haddock and Lassi-
ter appointed said committee.
The committee retired, and after a brief absence returned and
reported that they had performed the duty and were discharged.
A resolution relative to colored troops,
Was read second time and passed over informally.
A bill to be entitled an act to facilitate the collection of taxes
and require the registration of grants and donations,
Was read the second time and ordered to be engrossed for
third reading on Wednesday.
A bill. to be entitled an act to repeal an act to amend the
pleading and practice in the courts of this State, approved Feb.
8, 1861,
Was read second time and referred to the Committee on the
Judiciary.
A bill to be entitled an act to alter the mode of selling school
and seminary lands,
Was read second time and recommitted to the Committee on
Public Lands.
The time having arrived agreed upon by the Seriate and House
of Representatives, to go into the election of United States Sen-
ators, the Senate entered the Hall and by invitation of the Speak-
er, the President of the Senate took the chair.
The roll being called, the following members were present:
Mr. Speaker, Messrs. Armistead, Arnau, Atkins, Barrett, Bates,
Brock, Brokaw, Browne, Bush, Collins, Coulter, Dickison, Dur-
ham, Erwin, Faulkner, Fife, Gee, Gunn, Haddock, Hall, Han-
kins, Henderson, Hendricks, Hosford, Howse, Hyer, Johnston
of Gadsden, Johnston of Sumter, Lassiter, Langford, Manning,
Maxwell, McKinnon, McMillan, Mizell, Moring, Neal, Overstreet,

78

Peden, reeler of Jefferson, Peeler of Leon, Robinson, Saxon,
Stanford, Teasdale, VanZant, West, Williams of Baker and
Wills-50.
So there was a quorum present.
The President announced that the election of United States
Senator to fill the vacancy of David L. Yulee, was now in order:
Mr. Barrett nominated the Hon. Wm. Marvin;
Mr. Stanford nominated the Hon. Jas. A. Wiggins;
Mr. Fife nominated the Hon. Thos. Randall.
The Joint Assembly proceeded to ballot.
The vote was:
For Marvin-Senate-13. House-Mr. Speaker, Messrs. Bar-
rett, Brokaw, Browne, Bush, Collins, Coulter, Fanlkner, Gunn,
Hendricks, Hyer, Manning, Maxwell, McKinnon, McMillan, Mo-
ring, Pedeu, Peeler of Jefferson, Peeler of Leon and Wills-20.
Total-33.
For Wiggins-Senate-4. House-Messrs. Arnau, Bates, Dicki-
son, Gee, Haddock, Hall, Henderson, Howse, Johnston of Sumter,
Lassiter, Langford, Mizell, Overstreet, Saxon, Stanford, Teas-
dale, VanZant and Williams of Baker-17. Total-21.
For Randall-Senate--. House-Messrs. Armistead, At-
kins, Brock, Durham, Erwin, Fife, Hankins, Hosford, Johnston
of Gadsden, Neal, Robinson and West-12. Total-19.
So there was no election.
The joint meeting proceeded to a second ballot.
The vote was:
For Marvin-Senate-12. House-Mr. Speaker, Messrs. Ar-
mistead, Barrett, Brock, Brokaw, Browne, Bush, Collins, Coulter,
Faulkner, Gunn, Hendricks, Hyer, Manning, Maxwell, McKinnon,
McMillan, Moring, Peden, Peeler of Jefferson, Peeler of Leon
and Wills-22. Total 34.
For Wiggins-Senate-7. House-Messrs. Arnau, Bates,
Dickison, Gee, Haddock, Hall, Henderson, Howse, Johnston of
Gadsden, Johnston of Sumter, Lassiter, Langford, Mizell, Over-
street, Saxon, Stanford, Teasdale, VanZant and Williams of Ba-
ker-19. Total-26.
For Randall-Senate-6. House-Messrs. Atkins, Durham
'Erwin, Fife, Hankins, Hosford, Neal, 'Robinson and West-9,
Total-15.
There being no election, the joint meeting proceeded to a third
ballot.
The vote was:
For Marvin-Senate-12. House-Mr. Speaker, Messrs. Ar-
mistead, Barrett, Brock, Brokaw, Browne, Bush, Collins, Coul-
-ter, Faulkner, Gunn, Hendricks, Hyer, Manning, Maxwell, Mc-
Skinnon, McMillan, Moring, Peden, Peeler of Jefferson, Peeler of
Leon and Wills-21. Total-34.

79

For Wiggins-Senate-7. House-Messrs. Arnau, Bates,
Dickison, Durham, Gee, Haddock, Hall, Henderson, Hosford,
Howse, Johnston of Gadsden, Johnston of Suniter, Lassiter,
Langford, Mizell, Overstreet, Saxon, Stanford, Teasdale, Van-
Zant and Williams of Baker-21. Total-28.
For Randall-Senate-6. House-Messrs. Atkins, Erwin,
Fife, Hankins, Neal, Robinson and West--7. Total--13.
So there was no election.
Mr. Hall moved that the joint meeting adjourn;
Which was agreed to.
Mr. Barrett moved that the House adjourn in pursuance of the
resolution adopted this morning;
Which was agreed to, and the House adjourned until Wednes-
day next, 12 o'clock, M.

-o-

WEDNESDAY, Dec. 27, 1865.

The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Arnau, Barrett,. Bates, Brock, Brokaw,
Browne, Bush, Coulter, Gee, Green, Gunn, Hall, Henderson,
Hendricks, Howse, Hyer, Johnston of Sumter, Lassiter, Maxwell,
McKinnon, McMillan, Mizell, Overstreet, Peden, Peeler of
Jefferson, Peeler of Leon, Saxon, Stanford, Teasdale, West, and
Wills-32.
So there was a quorum present.
On motion of Mr. McMillan, the reading of the journal of
Saturday's proceedings was dispensed with.
On motion of Mr. McMillan, the following gentlemen present-
ed their credentials and were sworn by C. H. Austin, Notary
Public :
.Escambia county-Henry Wright.
Holmes Moses Hewett.
Santa Rosa John McLellan.
Mr. Maxwell moved that the House proceed to take up the
unfinished business of Saturday;
Which was agaeed to.

80

ORDERS OF THE DAY.

A bill to be entitled an act to legalize marriages of persons in
this State,
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 ratify the proposed amendment
to the Constitution of the United States,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A resolution in relation to 'arming the militia,
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 authorize the Circuit Courts of
this State to grant licenses to build toll-bridges, establish ferries,
construct dams, &c.,
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 prescribe the manner of changing
the names of persons,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
The rule being waived, Mr. West, from the Committee on
Engrossed Bills, made the following

REPORT:

The Committee on Engrossed Bills report the following bills
and resolution as correctly engrossed: A bill to be entitled an
act authorizing the sale of Escheated Lands belonging to'the
estate of John Eaton, deceased; a bill to be entitled an act to
repeal an act consolidating the offices of Sheriff, Tax Collector
and Assessor of Hernando county; a bill to be entitled an act to
facilitate the collection of Taxes and require the registration of
Grants and Donations; and a resolution in relation to Judicial
Decisions and their effect as evidence of the law.
Respectfully submitted,
EDWIN WEST, Chairman.
Which was read and the..accompanying bills and resolution
placed among the orders of the day.
A resolution in reference to the Direct Taxes due the United
States,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Armistead, Arnau, Barrett, Bates,
Brock, Brokaw, Browne, Bush, Coulter, Gee, Green, Gunn, Hall,

81

Henderson, Hendricks, Hewett, Howse, Hyer, Johnston of Sum-
ter, Lassiter, Maxwell, McKinnon, McLellan, McMillan, Mizell,
Overstreet, Peden, Peeler of Jefferson, Peeler of Leon, Saxon,
Stanford, Teasdale, West,- Wills and Wright-36.
Nays-Nope.
So the resolution passed-title as stated.
Ordered that the same be certified to the Senate.
A resolution relative to the removal of Colored Troops,
\Vas read the third time and put upon its passage upon which
the vote was:
Yeas--Mr. Speaker, Messrs. Armistead, Arnau, Barrett, Bates,
Brook, Brokaw, Browne, Bush, Coulter, Gee, Green, Gunn.
Iall, Henderson, Iendricks, Iewett, Howse, Hyer, Johnston
of Siumter, Maxweli, McKinnon, McLellan, McMillan, Mizell,
Overstreet, Peden, Peeler of Jefferson, Peeler of Leon, Saxon,
St:anfod, Teasdale, West, Wills and Wright-35.
Navys-None.
So tile resolution passed, title as stated.
Ordered that the same be certified to the Senate.
A resolution in relation to Judicial Decisions, and their effects
as evidence of the law,
Was real the third time and on motion of Mr. Peeler of Leon,
was put back upon its second reading and referred to the Com-
mittee on the Judiciary.
The rule being waived, Mr. Peeler of Leon was allowed to
introduce without previous notice the following resolutions:
A resolution requesting his Excellency D. S. Walker, Gover-
nor of this State, to send a deputation of three gentlemen to
Washington to urge upon his Excellency, Andrew Johnson,
President of the United States, to have released, D. S. Yulee, S.
R. Mallory, J. H. Gee and- A. K. Allison, citizens of this State;
Also a resolution requesting his Excellency, D. S. Walker,
Governor of this State, to exert himself to have restored to the
people ofJFlorida, th"e time-honored right of trial by jury, and
the writ of habeas corpus;
Which were received and ordered to be placed among the
orders of the day.
A bill to be entitled an act authorizing the sale of escheated
lands belonging to the estate of John Eaton, deceased,
Was read the third time and om motion was placed back upon
its second reading and referred to the Committee on Public
Lands.
A bill to be entitled an act to facilitate the collection of taxes
and require the registration of Grants and Donations,
Was read the third time and put upon its passage, upon which
the vote was:
11

82

Yeas-Mr. Speaker, Messrs. Armistead, Arnau, Atlins, Barz-
rett, Bates, Brock, Brokaw, Browne, Coulter, Gee, Green, Gunn,,
Hall, Henderson, Hendricks, Hewett, Howse, Hyer, Johnston of"
Sumter, Lassiter, Maxwell, McKinnon, McLellan, McMillan,.
' Mizell, Overstreet, Peden, Peeler of Jefferson, Peeler of Leon,.
Saxon, Stanford, Teasdale, West, Wills and Wright-36.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate:.
A bill to be entitled an act to repeal an act entitled an act con--
solidating the offices of Sheriff and Tax Assessor and Collector:
of Hernando county,
Was read the third time and put upon its passage, upon which,
the vote was:
Yeas-Mr. Speaker, Messrs. Armistead, Arnan, Barrett, Bates,
Brook, Brokaw, Browne, Bush, Coulter, Gee, Green, Gunn,
Hall, Henderson, Hendricks, Hewett, Howse, Hyer, Johnston of
Sumter, Maxwell, McKinuon, McLellan, McMillan, Mizell, Over-
street, Peden, Peeler of Jefferson, Peeler of Leon, Saxon, Stn--
ford, Teaslale, Wills and Wrig!t-34.
Navys-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
The rule being waived, Mr. Green gave notice that lie would
introduced the following bills at some future day:
A bill to be entitled an act for the permanent location of the
site of the county of Manatee; also,
A bill to be entitled an act placing all titles of lands obtained
from the State of Florida or its agents between the dates ofi
January 10th, 1861, and October 25th, 1865, for which State-
money was paid, on a footing with said money.
The rule being waived, Mr. Hall, pursuant to previous notice,.
introduced the following resolution :
A resolution for the relief of Eliza Stewart;
Which was read and placed among the orders of the-day.
A resolution requesting his Excellency, D. S. Walker, Gover,-
nor of this State, to send a deputation.of three-gentlemen to
Washington to urge upon his Excellency, Andrew. Johnson,
President of the United States, to have released D. L. Yulee,
S. R. Mallory, J. H. Gee-and' A. K. Allison, citizens of this State,
Was read the first time, rnul waived, read a second time by
its title, and referred to a select committee, consisting of Messrs;.
Peeler of Leon, Hyer and Stanford.
A resolution for the relief of Eliza Stewart,
Was read the first time and ordered for a second reading on,
to-morrow.
On motion, the House took a recess until 3, o'clock, P. M..

83

3 O'CLOCK, P. M.

"The House resumed its session.
The roll being called, the following members were present:
Mr. Speaker, Messrs. Armistead, Barrett, Bates, Brock, Bro-
!kaw, Collins, Coulter, Gee, Green, Hall, Hankins, Henderson,
Hendricks, Hewett, Howse, Hyer, Johnston of Sumter, Lassiter,
Maxwell, McLellan, McMillan, Mizell, Overstreet, Peden, Peeler
-of Jefferson, Peeler of Leon, Saxon, Stanford, Teasdale, West
:and Wills-32.
A quorum was present.
On motion of Mr. Peeler of Leon, the rules were waived and
'the chairman of a Select Committee made the following report:
The Select Committee to whom was referred a resolution re-
questing his Excellency, D. S. Walker, Governor of this State, to
send a deputation of three gentlemen to Washington to urge up-
>on his Excellency, Andrew Johnson, President of the United
States, to have released from prison, D. L. Yulee, S. R. Mallo-
:ry, John H. Gee and A. K, Allison, citizens of this State, beg
leave to

REPORT:

That they have had the same under consideration and most
'heartily endorse its object. It is but meet and proper that the
:State of Florida should take a deep interest in securing the re-
lease of citizens so prominent, and whose services at home at this
time would be so valuable to the State. In some of these gen-
"tlemen, Florida has heretofore reposed her highest trusts, and
,conferred upon them the greatest distinctions within her gift.-
'They have always been true to the trusts reposed in them, and
have served her with zeal and ability, and now that they are suf-
fering a long and painful confinement within prison walls, it
would be ipgratitude for her legislators not to make every ef-
fort in their power to secure their release. Besides, it has been
ithe course pursued by all the Southern States when their dis-
tingnished citizens have been held in prison by the General Gov-
ernment, to think it due them to send a deputhtion to Washing-
ton in their behalf; and the late State Convention of this State
appointed a deputation for this purpose, which, on account ofcir-
,cumstances over which they had no control, failed to discharge
that duty.
Again, what citizen of Florida would not hail with pleasure
the return of either or all these gentlemen to their families and
friends, after so long a separation from them? Feelings of hu-
amanity alone should prompt us to do all we can for them in

84

their present unhappy situation, and particularly when we reflect
that they arenot more guilty of the matters of which they are
charged than hundreds of others from all the Southern States
who have been released and are enjoying their liberty.
Respectfhlly submitted,
A. J. PEELER, Chair'n.
DANIEL STANFORD,
LOUIS HYER.
"Which was read and the accompanying resolution placed
among the orders of the day.,
A resolution requesting his Excellency D. S. Walker, Gover-
nor of this State, to exert himself to have restored to the people
of Florida the time-honored right of trial by jury and writ of
habeas corpus,
Was read the.first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to prevent and punish trespass
"upon thp public lands in this State,
Was read the first time, rule waived, read a second time by
its title, and referred to the Committee on Public Lands.
Resolution requesting his Excellency D. S. Walker, Governor
of this State, to send a deputation of three gentlemen to Wash-
ington to urge upon his Excellency Andrew Johnson, President
of the United States, to have released 1). L. Yulee, S. R. Mallory,
John H. Gee and A. K. Allison, citizens of this State,.
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
Resolution to authorize the Governor to appoint a suitable
person or persons to digest the laws of Florila,
Was read the second time, and, on motion, indefinitely post-
poned.
A bill to be entitled an act to provide for the revision, colla-
tion and'digestion of the whole of. the public statute law of the
State to be the revised code of Florida,
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 make dogs property and pro-
vide for their taxation, -
Was read the second time.
M. Hbwse offered the following-amnndment:
After te word dogs" insert the words over eight months
old" ,
Which was adopted, and said bi I, as amended, referred to the
Committee on Taxation and Revenue.
The-.ule being waived, the following bill was introduced in
pursuance of previous notice, viz:
By Mr. Peeler of Jefferson :

85

A bill to be entitled an act to establish uniform weights and
measures to be used throughout the State of Florida;
Which was read the first'time and ordered for a second reading
on to-morrow.
The rule being waived, Mr. Barrett introduced without previ-
ous notice the following bill:
A bill to be entitled an act for the relief of the Secretary of
the late Conventio ;
Which was placed among the orders of the day.
Mr. Peeler of Leon moved that the report of the commission
appointed by the Provisional Governor in pursuance of a resoln-
tion of the late Convention, with the bills reported by them, be
referred to a select committee of five, and that the Senate be
requested to appoint a similar select committee, who together
shall constitute a joint committee charged with the duty of re-
porting upon said bills, with or without amendment, as they may
-deem proper, and with the additional power of reporting any
new bills they may desire connected with the subject matter
"upon which said conmnission acted;
'Which was agreed to, and AMessrs. Peeler, Henderson, Bates,
Hankins and Peden appointed said committee.
The following message was received from the Senate:
SENATE CHAMBERI,
Tallahassee, Dec. 23d, 1865.
ilon. J. J. WILrIArs,
bS2eaker of the House of Representatives :
Sin :-Tle Senate has this delay adopted th6 following resolu-
tions, and ask the House to concur in the same.
Very respectfully,
BOLLING BAKER,
Secretary of the Senate.
Which was read and the accompanying resolutions ordered to
be placed among the orders of the day.
A bill to be entitled an act for the relief of the Secretary of
the late Convention,
Was read the first time and ordered for a second reading on
to-morrow.
Mr. Hendricks moved that before the announcement of the
adjournment of the House for the day, the Speaker shall give
notice to tlhe chairmen of the Standing Committees to call the
attention of said committees when and where they shall meet;
Which was agreed to.
On motion, the House adjourned until 10 o'clock, A. M., to-
morrow.

86

STANDING RULES OF THE HOUSE.

RUIm 1. The Speaker shall take the Chair every day, precisely
at the hour to which the House shall have adjourned on the pre-
ceding day; shall immediately call the members to order, and,
on the appearance of a quorum, shall cause tke Journal of the
preceding day to be read.
2. He shall preserve order and decorum; may speak to points
of order in preference to other members, rising from his seat for
that purpose; and shall decide questions of order, subject to an
appeal to the House by any two members; on which appeal no
member shall speak more than once, unless by leave of the
House.
3. He shall rise to put the question, but may state it sitting.
4. No member shall speak to any other, or otherwise inter-
rupt 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 decided by the
Speaker, without debate, subject to an appeal to the House.
8. If a member shall be called to order for words spoken, the
exceptionable words shall be immediately taken down in writing
by the person objecting, that the Speaker may be better 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 number
than a quorum shall convene, they are hereby authorized to send
the Sergeant-at-Arms for (any or) all absent members, as the
majority of such members present shall agree, at the expense of
such absent members respectively, unless such excuse for non-
attendance shall be made as the House (when a quorum is con-
vened) shall judge sufficient.
10. No motion shall be debated until the same shall be re-
duced to writing, delivered in at the table, read and seconded.
11. When a question is under debate, no motion shall be re-
ceived but to adjourn, to lay it on the table, to postpone indefi-
nitely, to postpone to a certain day, to commit or to amend;

87

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 debate.
12. If the question in debate contains several points, any mem-
ber may have the same divided.
13. In filling up blanks, the largest sum and longest time shall
be first put.
14. When the reading of a paper is called for, and the same is
objected to by any member, it shall be determined by vote of
the House without debate.
15. When the yeas and nays shall be called for by two of the
members 'present, every member within the bar of the House at
the time the question was put by the Speaker, shall (unless for
special reasons he be excused by the House,) declare openly and
without 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 alphabetically, and the Speaker shall
in all cases vote first.
16. No member shall be permitted to vote on any question
who was without the bar ot the House at the time the question
was put, unless by consent of the House; and no motion to per-
mit such member to vote shall be in order, unless it shall be
made before the House shall proceed to other business.
17. On a motion made and seconded to shut the door of the
House in the discussion of any business, in which discussion the
public safety may, in the opinion of the House, imperiously re-
quire 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; 2d, petitions, memo-
rials, and other papers addressed either to the House or the
Speaker thereof; 3d, resolutions; 4th, reports of Standing Com-
mittees; 5th, reports of Select Committees; 6th, messages from
the Senate lying on the table; and, lastly, orders of the day.
19. When a question has once been made and carried in the
affirmative or negative, it shall be in order for any member of
the majority to move for a reconsideration thereof; but no mo-
tion for the reconsideration of any vote shall be in order after a
bill, resolution, message, report, amendment of motion 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.

*88

20. .All the questions shall be put by tlhe Speakerof the House,
and the members shall signify their assent or dissent by answer-
ing viva voce, yea or nay; and in the event of a tie, the question
shall be decided in the negative.
21. The Speaker of the House, or the Speaker pro temi., shall
have the right to nme a member to perform the duties: of the
Chair, but such substitution shall not extend beyond an adjourn-
ment.
22. Before any petition, memorial or other paper addressed
either to the House or to the Speaker thereof, shall be received
and read at the table, whether the same be introduced by the
Speaken.or a member, a brief statement of the contents of the
petition, memorial, or other paper, shall be made by'the intro-
ducer.
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 written
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 resolution ; 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, it shall be
in order for any member to move its commitment to a Committee
of the whole House; that it lay on the table; for its indefinite
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 pre-
cedence in the order above stated.
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 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 Judiciary ; a Committee
on the Militia; a Committee on Finance arid Public Accounts; a
Committee on Claims; a Committee on Schools and Colleges; a
Committee on Internal Improvements; a Committee on Enrolled
Bills and Engrossed Bills; a Committee on Elections; a Com-
mittee on Propositions and Grievances; a Committee on Fed-
eral relations; a Committee on Corporations; a Committee
on Indian Affairs; a Committee on Agriculture; a Committee on

89

Commerce and Navigation; a Committee on Taxation and Rev-
enue, and a Committee on the State of the Commonwealth.
29. All confidential communications made by the Governor to
the House, and all business in the consideration of which the in-
junction 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 reeived 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 Senate
shall be admitted to a seat within the bar of the House, and any
other person shall be admitted in like manner, upon being invited
by a member.
33. The Clerk; the Sergeant-at-Arms and Door-Keeper shall
be severally sworn by a judicial officer of the State, well and faith-
fully to discharge their respective duties, and to keep secret the
proceedings of the House when sitting with closed doors.
34. All acts, addresses and joint resolutions shall be signed by
the Speaker; and all writs, warrants and subpoenas issued by or-
der of the House, shall be under his hand and seal, and attested
by the Clerk.
35. In case of any disturbance or disorderly conduct in the
lobby, the, Speaker, or Chairman of the Committee of the Whole
House, shall have the power to order the same to be cleared.
36. Reporters wishing to take down the debates and proceed-
ings, 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 amendment.
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 debate of the main
question.
40. When a question is postponed indefinitely, the same shall
not be acted upon again during the session.
41. No motion or proposition on a subject different from that
under consideration, shall be admitted under color of amendment.
12

90

42. The unfinished business in which the House was engaged
at the adjournment, shall have the preference in the orders of
the day, and no motion on any other business shall be received
without special leave of the House, until the fornier is dis-
posed of.
43. Upon the call of the House, the names of the members
shall be called over by the Clerk and the absentees noted; after
which, the names of the absentees shall again be called over, the
doors shall then be shut, and those for whom no excuse or in-
sufficient excuses are made, may, by order of those present, be
taken into custody as they appear, or may be sent for and taken
into custody wherever to be found by the Sergeant-at-Arms.
44. When a member shall be discharged from custody and ad-
mitted to his seat, the House shall determine whether such dis-
charge shall be with or without paying fees.
45. It shall be the duty of the Committee on Elections to ex-
amine and report upon the certificates of election, or other cre-
dentials, 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.
47. All bills ordered to be engrossed, shall be executed in a
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 a 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 read-
ing, it shall be certified by the clerk endorsing thereon the day
of its passage, and be transmitted to the Senate, accompanied
with a message stating the title of the bill or resolution, and ask-
ing 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 interlined 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 reported to the House. After report,
the bill shall again be subject to be debated and amended by
clauses.

91

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 Door-keeper, 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 re-
scinded 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 relating to unfin-
ished business, all original papers and Journals of the House, and
that he be required to obtain a certificate from the Secretary of
State that such has been.done, and file the same with the Treas-
urer, before receiving his compensation.
56. In all cases not provided for by these Rules, parliamentary
practice, as laid down in Jefferson's Manual, is hereby adopted.

---o---

THURSDAY, Dec. 28, 1865.

The House met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Armistead, Arnau, Atkins, Barrett, Bates,
Brock, Brokaw, Bush, Collins, Coulter, Gee, Green, Gunn, Hall,
Hankins, Henderson, Hendricks, Hewett, Howse, Hyer, John-
ston of Sumter, Lassiter, Maxwell, McKinnon, McLellan, Mc-
Millan, Mizell, Moring, Overstreet, Peden, Peeler of Jefferson,
Peeler of Leon, Saxon, Teasdale, West, Wills and Wright-38.
A quorum present.
The Rev. Dr. DuBose officiated as Chaplain.
On motion of Mr. Lassiter, the reading of the journal of yesl
terday's proceedings was dispensed with.
Mr. Gee moved that Mr. Atkins be excused from further at-
tendance on this House for a few days on account of sickness;
Which was agreed to.
Mr. Coulter gave %notice that he would, on some future day,
introduce the following bills,.viz:
A bill to be entitled an act for the relief of maimed, or disabled
soldiers' and indigent soldiers' families; also,

9:1

A bill to be entitled an act .o provide for the introduction of
parol evidence to ascertain the consideration of contracts made
during the war.
The rule being waived, Mr. Stanford, without previous notice,
introduced the following bill, viz:
A bill to be entitled an act to change the judicial proceedings
n criminal cases;
Which was placed among the orders of the day.
The rule being waived, Mr. Peeler of Leon, without previous
notice, introduced the following bill, viz:
A bill to be entitled an act to permanently locate the Supreme
Court of this State at the city of Tallahassee;
Which was placed among the orders of the day.
The rule being waived, the following bills were introduced
"without previous notice:
By Mr. Johnston of Sumter :
A bill to be entitled an act to repeal an act to authorize Neill
Monroe to establish a ferry on the Withlacoochie river.
By Mr. Howse:
A bill to be entitled an act to prevent the penning of cattle in
certain months of the year, and for other purposes; also,
A bill to be entitled an a't to prevent the violation of the Sab-
bath day, and for other purposes;
Which were received and placed among the orders of the day.
Pursuant to previous notice, Mr. Gunn introduced the follow-
ing bill, viz:
A bill to be entitled an act to repeal certain acts and resolu-
tions for improving the navigation of certain rivers;
Which was placed among the orders of the day.
On motion of Mr. Peeler of Leon, a committee of three was
appointed, consisting of Messrs. Peeler of Leon, Hendricks and
Stafford, to notify the Senate of the appointment of a select com-
anittee by the House to act with a similar committee on the part
of the Senate to act upon the reports of the commission appointed
"by the Provisional Governor.
After a brief absence said committee returned and reported
that they had performed their duty and were discharged.
The following message was received from the Governor:
EXECUTIVE CHAMBER,
TALLAHASSEE, Dec. 27th, 1865.
To the Honorable Senate and House of Representatives of the
State of Florida in General Assembly convened:
I have the honor to submit for your consideration, the follow-
ing papers, viz:
1st. A letter from the President of the International Ocean
Telegraph Company."

93

2d. The petition of the International Ocean Telegraph Com-
pany," to the Legislature of the State of Florida.
3d. The draft of a bill which the above Company respectfully
solicit the Senate and House of Representatives of the State of
Florida to pass.
In submitting the above papers to the Senate and House of
Representatives, I desire to say, that I am satisfied of the entire
worthiness of the enterprise which has for its object, simply the
connection of Florida with the West India Islands and Mexico,
by an electric sub-marine cable, and the extension of the tele-
graph line through the Peninsula of Florida to connect with the
lines in Georgia.
The desire of this Company for exclusive privilege is easily
understood, and seems reasonable, in view of the grant possessed
by the Spanish Company, which confers upon said Company the
exclusive right to land, or start sub-marine cables on or from the
Island of Cuba. By granting the petition asked for by the above
American Company, a similar exclusive right will be conferred
upon it, with respect to the State of Florida. The effect will be
to force a compromise of interests, by which the whole line will
be divested of sectional or exclusively national character, and
become, as it should be, an international'enterprise.
I respectfully recommend that the above subject be referred
to a joint committee of the Senate and House of Representatives,
for consideration and report, and that it meet with the favorable
consideration of your honorable body.
I would recommend that the bill as forwarded to the Legisla-
ture be amended to contain a proviso, that two of the Directors
of the Company shall be actual residents of the State of Florida,
and that the books of the Company shall be opened in Jackson-
ville ond Tallahassee, and the people of this State be allowed, if
they desire, to subscribe for one-tenth (1-10) of the entire capital
stock of the Company.
I would respectfully recommend that the Legislature give this
matter its earliest attention, in order that the work of laying the
cable between Cuba and Florida may be accomplished during
the next summer months.
Very respectfully, your ob'dt serv't,
D. S. WALKER, Governor.
Which was received and read and the accompanying bill or-
dered to be placed among the orders of the day.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, Dec. 27, 1865. "
IHon. Jos. JomR WILLIAM,.
,Speaker of the House of Representatives:
SI :-The Senate has passed the following resolution,viz:

94

Resolution to go into an election for United States Senators,
and asks the concurrence of the House.
Very respectfully,
BOLLING BAKER,
Secretary of Senate.
Also the following:
SENATE CHAMBER,
TALLAHASSEE, Dec. 27, 1865. )
Hon. JOSEPH JOHN WILLAMS,
Speaker of the House of Representatives:
Sm :-The Senate has this day passed the following bills, viz:
A bill to be entitled an act to remove the county site of Nas-
sau county;
Also joint resolutions ratifying the proposed amendment to
the Constitution of the United States relating to slavery.
Very Respectfully,
BOLLING BAkER,
Secretary of the Senate.
Which was read and the accompanying resolutions and bill
ordered to be placed among the orders of the day.
Mr. Peeler of Leon, chairman of the Committee on Schools and
Colleges, offered the following resolution:
Resolved, That the Register of Public Lands report to this
House at as early a day as practicable,
1. The original amount of the School and Seminary Fund
when first accrued to the State, showing the number of acres
and its estimated value at the time.
2. The amount of money received up to this time for Schoo
and Seminary Lands.
3. The number ot acres of School and Seminary Lands yet un-
sold, and its probable value.
4. The amount of money due at this time on School and Sem-
inary Lands.
5. The probable income which may be derived from the School
and Seminary Fund the next year.
6. The condition of Common Schools generally, with any sug-
gestions he may wish to make which may tend to the advance-
ment of the interests thereof.
7. The present condition of the Seminaries at Ocala and at
Tallahassee, and the probable amount which will accrue from
the School Fund in 1866, for the support of those institutions.
8. That the Register be requested to obtain from the Treasu-
rer, and append to his report a synopsis of the receipts and ex-
penditures on account of the School and Seminary fund from its
first accruing to the State, and a stated account at the present
time.

95

Which was received and read, and the resolution adopted.
Mr. Peden from the Committee on the Judiciary made the fol-
lowing report:
The committee have examined a bill to be entitled an act for
the adoption of two minor children of J. B. Askew and Sarah J.
Askew. The adoption of the children is asked by the father of
the children who is the natural guardian, and also by J. B. As-
kew and Sarah Jr Askew, supported by their respective petitions.
As the adoption seems eminently beneficial to the children, your
committee recommend its passage.
JAMES A. PEDEN, Chairman.
JOHN A. HENDERSON,
A. J. PEELER.
Which was received and read and the accompanying bill placed
among the orders of the day.
Mr. Peeler of Leon, from the Committee on Schools and Col-
leges, made the following report:
The Committee on Schools and Colleges, to whom was re-
ferred a bill to be entitled an act giving further time to purcha-
sers of School and Seminary Lands to complete their payments,
have had the same under consideration, and beg leave to report,
that they approve the objects sought to be attained by said bill,
and recommend its passage without amendment.
A. J. PEELER, Chair'n.
W. R. COULTER,
R. H. HALL,
D. G. GUNN.
Which was received and 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
and resolution as correctly engrossed:
A bill to be entitled an act to prescribe the manner of changing
the names of persons;
A bill to be entitled an act to authorize the circuit court to
grant licences to build bridges, ferries, and dams across streams
not navigable;
A bill to be entitled an to ratify the proposed amendment to
the Constitution of the United States;
A bill to be entitled an act to legalize marriages of persons in
this State;
,Resolution in relation to arming the militia.
Respectfully submitted,
EDWIN WEST, Chairman.
Which was received and read, and the accompanying,bills and
resolution placed among the orders of the day.

96

ORDERS OF THE DAY.

A resolution to appoint the Committee on Military Affairs in
each House a joint committee,
Was read the first time and adopted.
Ordered that the same be certified to the Senate.
A resolution to go into an election for United States Senators,
Was read and adopted.
Ordered that the same be certified to the Senate.
A resolution to appoint the Committee on the Judiciary in
each House a joint committee on the Judiciary,
Was read and passed over informally.
A bill to be entitled an act to amend the Constitution of the-
United States,
"Was read the first time, rule waived, read the second time by
its title, rule waived, read the third time and put upon its-
passage.
The vote was:
Yeas-Mr. Speaker, Messrs. Armistead, Arnau, Barrett, Bates,
Brock, Brokaw, Browne, Bush, Collins, Coulter, Gee, Green,
Gunn, Hall, Hankins, Henderson, Hendricks, Hewett, Howse,.
Hyer, Johnston of Sumter, Lassiter, Maxwell, McKinnon,
McLellan, McMillan, Mizell, Moring, Overstreet, Peden, Peeler
of Jefferson, Teasdale, West, Wills and Wright-36.
Nays-Messrs. Peeler of Leon and Stanford-2.
So the bill passed-titled as stated.
Ordered that the same be certified to the Senate.
Mr. Peeler of Leon voting in the negative, offered the follow-
ing as the reasons of his dissent:
I avail myself of the privilege given by the Constitution of the
State to every member of this body, to have the reasons of my
dissent to the ratification of'this Constitutional amendment
placed upon the journal of the House.
They are as follows:
First. It is universally understood that this measure is forced
upon the Southern States as a condition precedent to being al-
lowed to resume their relations with equal rights in the Union.
I cannot get my consent to sanction such a tyrannical and un-
constitutional exercise of power on the part of the General
Government over a sovereign State. I regard its ratification,
under these circumstances, as the death of the States which are
to be swallowed up in the ponderous and greedy maw of a con-
centrated and, I fear, rapidly becoming despotic Government.-
Believing this, how can I consistently with the solemn oath I
have taken "to preserve, protect and defend the Constitution of
the United States," vote for a measure the inevitable effect of

which is to subvert and overthrow that very Constitution and to
sweep away the little that is left us of civil liberty? And be-
sides, when are these concessions to end ? With negro suffrage ?
May not the adoption of this or any other Constitutional amend-
ment be required of us in like manner ?
Second. Florida is in the Union and under the cegis of the
Constitution and laws of the Federal Government, entitled to all
the rights and benefits, and bound to discharge all the duties
which such relation gives or imposes.
She occupies to-day the same position when admitted into the
Union in 1845, and the act of Congress which admitted her de-
clares that she is "a member of the Uinion on an equal footing
with the original States in all respects whatsoever." And His
Excellency, President Johnson, speaking of his reconstruction
policy towards the Southern States, in his late message says:
"The true theory is that all pretended acts of secession were
from the beginning null and void. The State cannot commit
treason," &c.
If this be true, why should Florida be deprived of the rights
of a State-of voting for or against this amendment as she deems
best ? Why should it be forced upon her ? It may be said that
her citizens have been guilty of treason; but they have been
pardoned. Governor Marvin, the Provisional Governor and or-
gan and agent of the President, in his address before this Assem-
bly a few days since, said: "The aggregate vote of the State
(for delegates to the Convention) was 6,707, being considerably
more than half the votes usually polled at a general election in
times of party contest, and this, too, notwithstanding in very
many counties no opposing candidates were run. The Constitu-
tion therefore represented the mass of the people, and the Con-
stitution adopted and the ordinances passed by that body are
founded upon the consent of the people of the State, regularly
expressed by and through their delegates duly elected."
So then the mass of the people of Florida have taken the
amnesty oath-have been pardoned-have, "through their dele-
gates duly elected," met in Convention and formed a Constitu-
tion acceptable to the Provisional Governor and to the President
of the United States; have elected a Governor and all other
civil officers of the State Government, and have sent us here as
their legislators. The State then is loyal. Our constituents are
loyal and without guilt. We, who vote upon this measure as
legislators representing a loyal constituency, are ourselves loyal
and without guilt-and yet what do we see ? On one side of a
geographical line States are permitted to adopt this amendment
voluntarily, and Florida, a loyal State of loyal people, is told
that she shall do it, or bend her neck to the yoke of military
13

98

rule, and the rights of life, liberty and property, and the security
of the wives and children of her loyal citizens, be left at the
tender mercies of a conquering soldiery, a portion of wh6m were
once their slaves.
Third. It may be said that it may be -required of us to adopt
this amendment under that clause of the Federal Constitution
which guarantees to every State in the Union a republican form
of government. Let us see what power this confers on the
General Government. All the exponents of the Constitution
agree that this clause (and it is under this the President and
Provisional Governor assume to act) presumes the pre-existence
of the Government of the form guaranteed, and so long as the
republican form existing at the time the Constitution was
adopted is continued by the State, or if impaired, resumed, it is
guaranteed by the Federal Government, and the Constitution
imposes no other restrictions upon a State Constitution than that
it shall be republican in form. Have we not adopted a Consti-
tution republican in form ? If so, this provision is inoperative
as to us: and how, without violating and converting the Consti-
tution into an engine of tyranny and oppression, can this clause
be construed to force a sovereign State to ratify a Constitutional
amendment? A. J. PEELER.
Mr. Stanford, in a few "brief remarks, stated his reasons for
voting in the negative.
A bill to be entitled an act to remove the county site of Nassau
county,
"Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to change the judicial proceedings
in criminal cases,'
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to repeal certain acts and resolu-
tions for improving the navigation of certain rivers,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to prevent the violation of the Sab-
bath day 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 to prevent the penning of cattle in
certain months of the year 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 to repeal an act to authorize Neill
Monroe to establish a ferry on the Withlacoochie river,

99

Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to permanently locate the Supreme
Court of this State at the city of Tallahassee,
SWas read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to encourage Telegraphic commu-
nication between the State of Florida and the Island of Cuba
and other West India Islands,
Was read the first time, rule waived, read the second time by
its title, and, on motion, referred to the Committee on the Ju-
diciary.
A bill to be entitled an act for the relief of the Secretary of
the late State Convention,
Was read the second time, and, on motion, referred to the
Committee on Claims.
A resolution requesting his Exeellency, David S. Walker,
Governor of this State, to exert himself to have restored to the
people of Florida the time-honored right of trial by jury and the
writ of habeas corpus,
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 uniform weights and
measures to be used throughout the State of Florida,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A resolution for the relief of Eliza Stewart,
Was read the second time, and, on motion, referred to the
Committee on Finance and Public Accounts.
A resolution relative to colored troops,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act giving further time to purchasers
of School and Seminary Lands to complete their payments,
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 adoption of two children by
J. B. Askew and S. J. Askew,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
House resolution in relation to arming the militia,
Was read the third time and adopted.
The rule being waived, Mr. Peeler of Leon moved that all bills,
resolutions or other papers which have been referred to any
standing or select committee of the House, on being read-the
report thereon shall be read also, and shall be filed with said bill,
and if originated in and passed by the House, such report shall

100

accompany the bill, resolution or other paper, on its transmission
Sto the Senate;
Which was agreed to.
A hill to be entitled an act to legalize the marriages of persons
in this State,
Was read the third time, and, on motion, passed over inform-
ally.
A bill to be entitled an act to ratify the proposed amendment
to the Constitution of the United States,
Was read the third time, and, on motion, passed over inform-
ally.
A bill to be entitled an act to authorize the Circuit Court to
grant licenses to build bridges, ferries and dams across streams
not navigable,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Armistead, Arnau, Barrett, Bates,
Brock, Brokaw, Browne, Bush, Collins, Coulter, Gee, Green,
Gunn, Hall, Hankins, Hendricks, Hewett, Howse, Hyer, John-
ston of Sumter, Lassiter, McKinnon, McLellan, McMillan, Mizell,
Morning, Overstreet, Peeler of Jefferson, Peeler of Leon, Stan-
ford, West, Wills and Wright-34.
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 prescribe the manner of chang-
ing the names of persons,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Armistead, Arnau, Barrett, Bates,
Brock, Brokaw, Browne, Bush, Collins, Coulter, Gee, Green,
Gunn, Hall, Hankins, Hendricks, Hewett, Howse, Hyer, John-
ston of Sumter, Lassiter, McKinnon, McLellan, McMillan, Mizell,
Moring, Overstreet, Peden, Peeler of Jefferson, Peeler of Leon,
Saxon, Stanford, West, Wills and Wright-36.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
On motion, the House took a recess until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

The House resumed its session.
The roll being called the following members answered to their
names:

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	Title Page
	December 1865
	January 1866