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

ASSEMBLY JOURNAL...

A JOURNAL

OP THE ,

PROClEE DIN F T I 8g SS EBiR

OF THE1

STATE OF FLORIDA

AT ITS

THIRD SESSION:

RBegun and IIeld in the Capitol, in the City of Tailliasee,
on Tuesday, Janriary Lth, 1L70.

MARCUS L. STEARNS (op GADSDEN), SPEAKER.
Dm. WM. FORSEYTH BYNUM (OF SUiWANNEE), CLERK. .

: TALLAHASSEE, FLA.:
EDW. M. ,CHENEY, STATE PIINTEL.

V: '*;' -1-*;1:

[PUBLIC PROPERTY.]
EIP~B /.c ^ 1FBOsLala^

[PULECPRPERY.

JOURNAL

"Of the Ms.:iubly of the State of Florida, at the [Third Bession
of the Legislature, begun ancd held at the Capitol in the city of
Tallahassee, in. the Stalte of Florida(, on Tuesday the fourth
day of JTmair'y A. 1870, being the day fixed by the Con-
stituttlic of the Sfte of .Flhorda, for the meeting of the Leg-
islature.

The Assembly was called to order at 12 o'clock, M., by the
Hon. M. L. Stearns, of Gadsden, Speaker.
The roll was called by Dr. William Forsyth Bynum, of Su-
wannee, Chief Clerk, and the following members were present:
Mr. Speaker, hMessrs. Butler, Bradwell, Cox, Fortune, Mc-
Auley, McKinnon, M cMillin, Melvin, Moore of Hillsborough,
Pittman, Raney, Simpson, Varnum, Walker, and Wells--16.
No quorum present.
On motion of Mr. McKinnon, of Walton, a committee con-
sisting of Messrs. .McKinnon, of Walton, Varnum, of Escambia,
and Simpson, of Marion, were appointed to inform the Senate
that the Assembly had met and that there was not a quorum
present.
After a brief a:lsence, the committee returned and reported
that they had performed the duty assigned them, and were dis-
charged.
On motion of Mr. Walker, of Leon, the Assembly took a re-
cess until 4 o'clock, P. M.

FO Il O'CLOCK, P. M.

The Assembly resumed its session.
The roll being called, the following members answered to
their names
Mr. Speaker, Messrs. Butler, Bradwell, Cox, McAuley, Mc-
Kinnon, McMillin, Moore of Hillsborough, Pons, Raney, Simp-
son, Varnum, Walker, and Wells-14.
Not a quorum present.
On motion of Mr. Varnum, of Escamblia, the Assembly ad-
journed until 10 o'clock to-morrow morning.

I,-~ $

WEDNESDAY, January 5th, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answ.,e- d to their
names:
Mr. Speaker, Messrs. Butlere,Boge, Bostick, Bradwell,
Cheshire, Cox, Cruce, Fortune, Forward, Greeno, Harris,
Hodges, Keene, McAuley, McKinnon, Melvin, Mills, Moore of
Columbia, Moore of Hillsborough, Osgood, Pittmman, Pons, Ra-
ney, Simpson, Thomson, Urquhart, Varnum, Walker, and
Wells-30.
A quorum present.
Prayer by Rev. Mr. Fortune.
The journal of yesterday's lrocccdi.gs was read and ap-
proved.
A committee from the Senate appeared at the bar and in-
formed the Assembly that the Secnate was organized and ready
for business.
On motion of Mr. Wells a committee consistin of Messrs.
Wells, Harris, and Rancy were appointed to wait upon the Sen-
ate and inform them that the Assemblly was organized and
ready for business.
After a brief absence, the committee reported that they had
performed the duty assigned them, and were discharged.
The Senate informed the Assembly that a committee had been
appointed to act with a similar committee on the part of the
Assembly to wait on His Excellency the Governor, and inform
him that the Senate and Assembly were organized and ready to
receive any communication he may be pleased to make.
On motion, Messrs. Butler, Fortune, and McKinnon were ap-
pointed a committee on the part of the Assembly, to act with
the Senate committee appointed to wait upon His Excellency the
Governor, to inform him that the Senate and Assembly were
organized, and ready to receive any communication he may be
pleased to make.
After a brief absence the committee, reported that they had
performed their duty, and that the Governor would meet the
Legislature, in joint session, in the Assembly Hall, at twelve M.
to-day.
Mr. Wells moved that the sergeant-at-arms be instructed to
procure stationery and wood for the use of the Assembly.
Pending which, on motion of Mr. Varnum, of Escambia, the
Assembly took a recess until fifteen minutes before twelve:
o'clock M.

FIFTEEN MINUTES OF TWELVE O'CLOCK, M.

The Assembly resumed its session.
A quorum present.
On motion, a committee consisting of Messrs. Raney, Hodges,
and Greeno was appointed to invite the Senate to seats within
the Assembly Hall for the purpose of receiving the Governor's
message.
After a brief absence the committee reported, and was dis-
charged.
Mr. Wells' motion relative to stationery was taken up, and on
motion referred to Committee on Legislative Expenses.
At 12 o'clock, M., the Senate entered the Hall for the purpose
of receiving the Governor's message.
On motion of Mr. Meacham, a committee consisting of Messrs.
Meacham, Purman, Harris, Cox, and Greeno was appointed to
wait upon His Excellency the Governor to inform him that the
Legislature was assembled in joint meeting to receive any com-
munication he may wish to make.
On motion a committee consisting of Messrs. Wentworth,
McCaskill, Butler, I-odges, and Pons was appointed to invite
the members of the Cabinet and Judges of the Supreme and
Circuit Courts and the military officers within the State to seats
within the bar.
The committee reported and was discharged.
On motion of Mr. Raney all reporters of newspapers present
were invited to seats within the bar.
The committee appointed to wait upon His Excellency the
Governor, after a brief absence presented His Excellency in
person, who communicated as follows :

I

I

GOVERNOR'S MESSAGE.

Gentlemen of the Legislature :
I congratulate you on the favorable auspices under which
you again assemble to legislate upon the interests of the Com-
monwealth. During no period in the history of the State has
there been more marked improvement and general prosperity
than in the year just passed, and never have the laws been more
generally and efficiently executed. In several counties organ-
ized bands of lawless men have conspired to overawe the civil
authorities, and many acts of violence have occurred. But these
have been incidental to the State in all its past history, and arise
less, perhaps, from special enmity to the present form of govern-
ment than from opposition to the restraints of law in general.
When we consider what has been accomplished towards the
establishment of equal laws and the acknowledgment of equal
rights, within the brief time since Republican government has
been inaugurated, I think we find little cause for complaint,
and less cause to reflect upon either the form of government or
its official exponents. The Chief Executive and Judicial De-
partments of the government have been tested in a manner un-
paralleled in the history of civil government, and have stood that
test in such a way as to afford assurance of future integrity and
to command the respect of the people:
Every weak point in the new Constitution has been taken ad-
vantage of, by parties who contributed to the formation of
that instrument, to bring dishonor upon the administration
and the State. Conspiracies have been formed to secure the
control of the financial and railroad policy of the State in the
interest of corrupt men, and to render the government subser-
vient to the pecuniary aggrandizement of a few at the expense
of the best interests of the State and people. As the represent-
atives of these interests-many of you for the first time admitted

to the rights of freemen-you have thus far resisted these extra-
ordinary efforts to mislead, intimidate, or subsidize you from the
path of duty, and you have preserved the State from the incubus
of a corrupt and corrupting power which has fastened itself upon
so many of the StatCes now stru-ggi'lin to rise from the ruins of
war.
We received the high trust now held by us, wVith the State
.s.olated by seven years of anarchy and misrule, with an
2.'npty treasury, with six hundred thousand dollars a, knowledged
debt and a much larger amount repudiated and Ihajging' like a
cloud upon our financial escutcheon, with bonds dishonored by
years of negllected interest, with a school fund robbed of its last
dollar to aid in war upon the republic, with a railroad system
half completed, bankrupted, and at the mercy of an adjoining
State, with revenue laws inadequate to*the current expenses of
the government and which contemplated no payment of interest
upon the Sta.te debt-with no schools or school system, no benev-
olent institutions, no alms-houses, no penitentiary, and scarce a
jail.
Svl.- was the inheritance b.ele;'iieated to us by the fortunes
of war, and under such incllnlanccs we were required to estab-
lish and maintain a Republican government under which master
and slave-whose relations lad changed from the results of the
war-were to yield obedience to the same law and le entitled to
the same privileges.
STATE I7' N 1 AX;S,

At your first session you authorized an issue of three hundred
thousand dollars in bonds, a1,d .placed them at my disposal for
the murp'ose of paying off the floating debt. I disposed of sev-
enty-one thousand dollars, and discharged sixty-two thousand,
seven huilidred dollars of that debt, but withheld the attempt to
dis!ose, of the bonds in open market until a basis could be laid
for a Stat-e credit, in the enactment of a proper revenue law un-
der the new Constitution.
*At your second session you authorized an additional issue of
two hundred thousand, and placed them, with the remaining
two hundred, and twenty-nine thousand, at the disposal of the
Comitroller. Both acts rt.ricted the sale to a minimum of sev-

enty-five cents. On the 1 lth March last, I negotiated in Wash-
ington a sale of the entire four hundred and twenty-nine thousand
"to one of the first banking houses in the country,within the restric-
tion, payable upon delivery of the bonds in New York, the last
two hundred thousand of which had yet to be issued. The
Comptroller refused to recognize this negotiation for reasons
known to himself and indicated in his report to the late special
session.
Had this negotiation been perfected our floating debt would
have been funded, our dishonored bonds appreciated, the further
issue of treasury certificates obviated, our State expenses largely
reduced, and our bonds among the most valuable securities of
the country.
It is the first duty of the State to provide for the payment of
all its outstanding obligations, no matter by whom or on what
account these were incurred. The school fund was appropriated
by the rebel State government, it must be restored by the loyal
State, and a new tax levied to meet it. Three hundred thousand
dollars additional debt was bequeathed us by the old govern-
3ment, this must be paid as sacredly as if incurred by the present.
In addition to these are heavy obligations upon the Internal Im-
provement Fund for interest on railroad bonds, which must be
discharged. There are repudiated obligations of the old Terri-
torial government which hang as a cloud over our State credit;
debts assumed without due authority by a Territorial Legislature,
and for the benefit of a few speculators who were enriched
thereby, leaving a burden to be discharged, or a dishonor to be
borne, by a people who received no benefit therefrom. There
are county obligations assumed in behalf of the development of
the-State debts which are a burden too heavy to be borne, and
yet which cannot be thrown off.
I would have all these incumbrances and every other,
promptly, courageously, patriotically met, and steps taken to
redeem the State integrity and establish its credit and honor.
It is true that those who incurred and received the benefit of.
many of these obligations will complain of the burden of taxa-
tion and denounce the present government for the follies of the
past. Still we cannot afford to bequeath to our successors an

inhleritance of ignioiny, nor suffer this fair State to longer rest
under the imputation of repudiation or dishonesty.
I beg leave to call your attention further, in connection with
the matter of finances, to section 18, Article XVI., of the Consti-
tution. It declares that each county and incorporated city
shall make provision for the support of its own officers, subject
to such regulations as may be prescribed by law. This section,
in my opinion, was intended to relieve the State Treasury of the
expenses incurred by sheriffs, county judges, clerks of courts,
justices of the peace and other officers in the transaction of
public business, and to provide that the counties should pay
such expenses. If it does not mean this I am at a loss to divine
its object. My impression is that all the charges and fees of
county officers, except in private suits, are properly due from
the counties, and that they are not legally chargeable against
the State. Up to the present time the practice has been to pay
these expenses out of the State Treasury, but I respectfully sub-
mit that such practice ought to cease, as being unwarranted by
the Constitution. Whether other legislation may be necessary
to provide the manner of auditing and paying the fees of the
county officers, will be determined by yourselves upon an exam-
ination of the laws now in force. This provision of the Consti-
tution properly observed will greatly relieve the State Treasury.
The claims of county officers for fees may be examined with
greater care by the county auditor and the county commis-
sioners in the several counties than by the Comptroller, who is
enabled to judge of the justice of a claim solely by means of
written statements nlsubmitted to him in connection therewith.
The late hour at which I received the reports of the Comp-
troller and Treasurer preclude my pre renting a complete state-
ment of the financial condition of the State. Sufficient is show:.,
however, to establish the fact that it could not well be worse.
But neither of these reports nor both combined convey an ade-
quate idea of the true condition of the Treasury, as no attempt
is made to show the amount of unpaid interest on the old bonds
of the State; nor is there any e:hilbit of the resources.

These reports place the State debt at $805,870.40, but in fact
it is much greater. I find it thus:
Bonded debt of January 1, 1869, 578,045 08
Viz.: Seven per cent. bonds, 1856, 8220,o100 00
Seven per cent. bonds in School and
Seminary Fund, 262,045 08
Seven per cent. bonds in Internal
Improvement Fund, 66,000 00
Eight per cent. bonds Constitution-
al Convention, 30,000 00-- 578,045 08
Of this there was paid, bonds of 1867, the past
year, 25,000 00

Leaving of bonded debt of 1869, 553,045 08
To this must be added the accumulated interest
on the 8220,000 7 per cent. bonds of 1856.
This interest is not stated anywhere, and from
the reports would appear as paid, but I am
called upon to pay back interest on 8132,000 of
these bonds now held by Indian Trust Fund at
Washington, 73,30 00
And it is fair to assume that the remaining 878,000
of these bonds of 1856 bear accumulated inter-
est in the same manner since 1861-9 years, 49,140 00
Then, admitting that the interest on bonds in the
School and Internal Improvement Fund has
been paid, we have interest on Convention
bonds 1 year at 8 per-cent., 2400 00
Add new bonds sold, 76,000 00
Amount of outstanding Treasury warrants and
certificates, 151,825 32
Amount due on hypothecated bonds, 105,085 80

And we have for State debt, ,011,756 20
If we are compelled to add to this the amount of
the bonds hypothecated and understood to be
forfeited, it will then add, 318,014 20
If the further amount is addedof the sum claimed
ofthe Comptroller by C. D. Willard as agent for
negotiating the bonds not sold, and for which
suit is pending, 25,000 00

We shall then have a grand total of State debt of 81,354,770 40
But assuming the debt at 81,011,756.20, we have to provide
the present year for the payment, upon the supposition that all

12

past dues are to be met, (which they never were by the old gov-
ernment,) as follows:
Accumulated interest as above stated, "122,500 00
Warrants and certificates outstanding, 151,825 32
To redeem hypothecated bonds, 105,985 80
Convention bonds and interest, 32,400 00
Interest on -523,045.08 bonds, at 7 per cent. 38,713 15
76,000 bonds at 6 per cent. 4,500 00

Total floating debt, 455,084 27
Add for expenses of State government and con-
tingencies, 00,00 00
For repairs Capitol and addition to Penitentiary, 50,000 00

Total for 1870, 05,984 27
Now to meet this what are our resources ? The Comptroller
gives none, except to partially state the revenue for 1869, a
portion of which has been received. It may be safe to assume
that we shall realize from the collections of past years toward
nceeting the expenses of present "200,000 00
For licenses, auction tax, commissions, &c. 10,000 00
and due from Ordnance department for arms 14,850 00
From sale of .427,000 6 per cent. Bonds at 75e. 320,250 00

Total resources. -54,100 00

Leaving to be supplied by extraordinary means 8160,884 27
Now it will not suffice to charge our present financial condi-
tion to the incompetency of the assessors and collectors, as is
done by the Comptroller and Treasurer, nor will it relieve us to
complain of the form of government under which we live, or of
the salaries allowed under that government. The law, which
I vainly sought to change to conform to the Constitution, and
not the officers, are responsible for the weakening of our re-
sources from taxation." It is impossible to obtain a fair and
niforni valuation under the law as it has stood. By the law
enacted at the special session, which goes into operation the
present year, our resources from taxation upon the same basis of
valuation will be largely enhanced.
The State has been going beyond its income in expenditure
every year -since the war. Its resources were never made avail-

13

able, its obligations were never discharged. Its assessors and
collectors were more incompetent and inefficient th thn he officers
of to-day, and their returns were less prompt. It will not do to
point for example to an antecedent government which never met
its current expenses nor paid the interest upon its debt.
The new government was inaugurated with a. different pur-
pose, and it must not be diverted from that purpose by its ene-
mies, nor through fear of being charged with being expensive.
An q-fic;ient government is the only government for which the
people should be taxed. Our Constitution requires that we levy
sufficient tax to meet our current expenses and "piay the inter-
est on the public debt." For nine years this interest has been
suffered to accumulate. It is time that it was paid. How is
this to be done and our other o1 bliat.ion1s to be discharged ?-This
is the question to be met by you and by you determined. The
officers whose business it is to submit a plan have failed to do so.
As I have done heretofore, so I repeat now. The further is-
sue of warrants and treasury certificates should cease and a cash
basis be established. If this cannot be done; a temporary issue
of treasury notes for general circulation, if admissable under the
Federal Constitution, may be resorted to. An issue of 8100,000
or perhaps $200,000 for circulation in the State would be a local
convenience, and a relief to the Treasury, but it should
be well guarded and under such restrictions as will preclude
fraud and corruption.
I most heartily concur in the policy of a general relief from
political disability-as is suggested in the report of the Treas-
urer-of every man, of whatever party proclivities; and,.as
always heretofore, since the accession of the present State Gov-
ernment, so. in the future, I shall continue to urge upon the
general Government the policy of a generous amnesty, and
shall always cordially welcome back to citizenship every man
who has the good of the State at heart.
But, while I have always felt the performance of my Consti-
tutional duty, of making nominations to office, to be exceedingly
difficult and embarrassing, and have rejoiced that the Constitu-
tion has equally divided the responsibility between the Senate
and myself; I am ready toadmit that my own expectationsL

b

14

in lnolinatilng to offee, and those of the Senate in confirming,
Lave, in some cases, been disappointed by the inaction of ill
l imposed officers in some instances, and their incompetence in
others. But I have always stood ready, in all cases of inaction
and nl lfeasa lce in office, to exercise my prerogative duty of re-
moval, however disagreeil)le to my own feelings. And although
it is gratifying to find, in the Treasurer's report, so complete a
rt'futation of the hitherto prevalent charge of undue favor to
menl who are not Republicans, I am not willing to join in the
Treasurer's admission that the insufficiency of the revenue is
itt rilmtablle to the impossibility of selecting upright and com-
petent men, from the RIepublien, ranks, to fill the offices con-
(ected therewith.
The failure of the effort to negotiate a sale of the State Ibonds,
within the limit prescribed by law, is a matter much to be
regretted; for sucsale would have relieved the pressing neces-
sities of the State, and such failure must tend to the deprecia-
tion of the St ate credit; and I fully agree with the Tir.lsurer in
s:lyinog that ": there is no reason why our securities should not
.Iomnnmand a better price than those of any other Siouthiern

What ground there may be for the allegation, inthe report
-f the Comptroller, that the negotiation of the bonds failed "in
..'oise-,uence of the constant rumor of ctiorruption," I am not able
to say, as the negotiation of theo bonds was, by express enact-
ment, intnrtsted entirely to the Conpt roller, and, in c'lnonrmity
with his wishes, i was expvessly exclude therefrom.
But such a (charge, in a fnrmal report by the officer specially
charged with so imlpo.rti; a negotiation, is of too great impor-
tance to be neglected: it deserves and I trust, will receive, at
your hands, a most s.irching investigation.
i":. i:T.\ IY 0F S1TATE.
The office of Seer.tairy of State under the new Constitution,
from the -fct that nearly all the officers of the State and counties
are :appointeld, is charged with sufficient duty to require the
.'cist:ant service of an assistant. I recommend that authority be
gr:anted the Secretary to employ an assistant, to be paid either
by fees or salary, and that hle he charged with the duty of king

care of the State Library. The office has been admirably con-
ducted for the past year, and I invite attention to the sugges-
tions fbr further reforms in the report herewith submitted.
The late Secretary, George J. Alden, received for commis-
sions, as appears by the records of the office, 83,134, of which
only $1,850 was ever paid to the Treasury. Afterwards the
Legislature appropriated '-o90O on some claim presented by him
for services as Secretary of State. I asked the Comptroller to
withhold the payment to apply on the money retained by him,
but it was not done, and Mr. Alden stands a defaulter to the
amount of 81,284, as appears on record in the Secretary's office.
DIMIGR ACTION.
The able and interesting report of the Commissioner of Immi-
gration herewith submitted is commended to your special atten-
tion, and I recommend that 2,000 copies be ordered printed for
general circulation. The amount of labor performed by this
officer during the past year has exceeded that of almost any
other State officer, and no department has been conducted more
advantageously to the State. Through the pamphlets and in-
formation circulated from this office an interest has been awak-
ened in all the Northern States that will bring to the State large
accessions of population and capital, and add greatly to its
wealth and resources.
STATE A < I Tk UI L' UTA SOCIETY.

The leading agriculturists and planters of the State have or-
"ganized a State Agricultural Society, at the head of which stands
the late Chief-Justice DuPont, which is one of the most impor-
tant auxiliaries of State advancement. Its transactions, reports
and essays are worthy of preservation and publication att tate
expense, and I would recommend that, in connection with the
annual report of the Commissioner of Immigration these be an-
"nually published, and at least one thousand volumes be furnished
the society for distribution among its members.

PUBLIC LANDS.

From the report of the Surveyor General it will be seen that
22,105 80-100 acres of land have been disposed of the past year.

What amount of money has been received for this does not
appear, as the Treasurer has made no mention of it in his annual
report.
I invite attention to the suggestions of the Surveyor General.
In my judgment, the State lands should only be sold in limited
quantities, for actual settlement. In all dispositions of the
swamp and overflowed lands, drainage should be the first con-
sideration. The grants to HI-. L. Hart, for the p'lurpo of
improving the navigation of the Ocklawaha and the lakes con-
necting therewith, and opening a canal to the WiNitllacoochee, and
to the Southern Inland Navigation Company, for the connecting
the waters of the St. Johns withj- InTdia river and Biscavne
Bay, are in pursuance of this idea.

Nearly a year was lost in inaugurating our new system of
common schools, but within the last six months the people have
taken hold of the matter in earnest, and, through the agency of
the local superintncdents and the popular demand for educa-
tion, more than 200 schools have been organized, and 7,000 pu-
pils admitted. The State is under great obligations for the aid
afforded in this work by the Freedmen's Bureau at Washington,
which has built many fine school buildings, and, through its effi-
cient Superintlteendent, General Gile, introduced many competent
teachers, and stimulated an interest among the freedmen aid
friends of popular education. Eighty-seven school building's
are now furnished the State by the Bureau.
The manner in which the people and property holders in the
different counties, without distinction of party, have responded,
in taxes and general attention to this subject, is in the highest
degree creditable, and in gratifying contrast to the spirit for-
merly manifested against free schools subsisted by taxation
upon the property.
The late hour at which the State Superintendent submitted
his annual report has precluded my availing myself of any sug-
gestions he may have given, and I lay the paper before you as
received, for your consideration.

STATE PENITENTIARY.
The lax administration of criminal law and the large accumu-
lation of crime, previous to. the inauguration of the new Consti-
tution and the penitentiary system, has contributed to a rapid
filling up of our State prison, and makes an immediate demand
upon you for attention to the necessities of that institution.
The organization as a military institution is inconvenient and
inconsistent with the spirit of our government. I recommend
that the law be changed and made to conform to that of other
States for the regulation of similar institutions. It has been as
economically managed as possible under the circumstances.
When cells and proper safeguards are introduced it may be
made self-sustaining and secure for the confinement of criminals.
At present it requires a heavy guard, and escape is compara-
tively easy.
There are ninety-four convicts now in the prison, and the
Board of Public Institutions have contracted the labor of fifty
or more of them for three years at a price deemed advantageous.
I recommend that ten hours instead of eight be fixed as a day's
work for the prisoners. The report of the Adjutant-General
will suggest such improvements as the experience of the past
year has sanctioned.
AMENDMENTS TO THE CONSTITUTION.
Our State Constitution as a whole, is deemed one of the best
in the Union, and contains many provisions which should be
preserved through all time, but it is discovered that there are
in it some sections which should be modified or altogether ab-
rogated. One of these, to which I have heretofore asked your
attention, is Section 27 of Article XVI. It provides that all
persons who as alien enemies of the Confederacy under the se-
questration acts of the Confederate Congress, and residing in
this State at the time of the adoption of the Constitution, had
property sequestered and sold by the Confederate authorities,
may recover by suit against this State all the damages they
thus sustained by the sale and detention of their property,
and interest at six per cent. from the time the owner was
so deprived of his property, and the amount recovered shall be

paid in lands of the State. The amount of recovery is to be de-
termined by a judge of the court, without the intervention of a
jury. One singular feature of this provisions is, that it makes no
difference where the parties sustaining such losses resided at
the time of sustaining the losses, nor whether he ever resided
or had any property in this State before the adoption of the Con-
stitution ; his losses may have occurred in Maryland, or Virginia,
or Texas, yet if he resided here in May, 1868, the State of Flor-
ida is thus required to give him enough of its property to make
good his losses, and the oral testimony of witnesses or of the
party himself is sufficient to establish his claim. And it is also
a peculiar feature of this section, that if any loyal person resid-
ing in Florida sustained such losses, he can get nothing unless
he continued to reside here at the time specified. This discrim-
ination and the other features of the section, have led evil dis-
posed persons to suggest that the provision was framed for the
purpose of indemnifying particular individuals at the expense of
the State, to the exclusion and prejudice of other persons equal-
ly deserving of relief.
I have been unable to discover any good reason for any pro-
vision of the kind, or that upon any sound principle this State
should be taxed, either directly or indirectly, to make good the
losses of any class of persons sustained on account of the conduct
of other and irresponsible persons. I, therefore, again urge that
the section referred to be abrogated in the manner provided by
the Constitution.
I also recommend that the Constitution be amended by pro-
viding that the number of terms of the Supreme Court, and the
time of holding the same, may be changed by the Legislature.
The October and April terms as now appointed in Section 4,
Article VI:, occur while the circuit courts are in session in every
circuit, and it thus becomes inconvenient and practically almost
impossible for parties having causes in the Supreme Court to
have them properly attended to at a proper time.
There is an almost universal complaint among parties who are
so unfortunate as to be involved in suits; and among attorneys,
and by the circuit and county judges, against Section 13, Ar-
ticle VI., which provides that in all trials in the circuit and

county courts the evidence shall be reduced to writing by the
clerk and read over to and signed by the witnesses. It is found
that compliance with this requirement hinders and delays the
proceedings of the courts to such an extent, that it is impossible
to complete the business of the courts within the tilie allotted
to them before the commencement of terms of the circuit courts
in other counties; that it is oppressively expensive to parties;
that it increases the public expenses by prolonging the terms of
both courts; and that these and other objections are not com-
pensated by any benefit growing out of its enforcement. There
can be no reasonable objection to the repeal of this section. It
is supposed that in nineteen out of twenty of the suits tried, the
testimony taken under it is not again examined for any purpose
after it is filed. This matter should be entirely regulated by
rules of the courts. The judges are competent to determine the
manner of preserving testimony, and in what cases it may be
necessary to do so.
I also recommend that the offices of Comptroller and Treasurer
he consolidated'; the salary attached to the office of Adjutant-
General be stricken out and left to the Legislature ; the office of
Commissioner of Immigration dispensed with after five years ;
the salary of Lieutenant-Governor be abolished, and he be paid
as President of the Senate ; the Legislature be paid a per diem ;
the judicial circuits be reduced to five, and *500 be added to
each salary.
REPEAL OF THE INTERNAL IMPROVEMENT LAW.
I would call your attention to the Act to provide for and
encourage a liberal system of Internal Improvement .in this
State," and would respectfully recommend the repeal of the
same. For while I cordially approve the principle which led to
its passage, if in circumstances that would enable the State to
secure the object aimed at, I believe that its provisions are
such, and the manner in which the funds sought to be created,
as are well calculated to mislead the public and the private benefi-
ciaries under it.
The act of the Thirty-first Congress, passed September 28,
1850, grants to the State of Florida, all the unsold swamp and
overflowed lands within her territorial limits, under certain re-

20

strictions, to wit: That the proceeds thereof, whether from sale,
or direct appropriation in kind, shall be applied exclusively, so
far as necessary, to reclaiming said lands by means of levees
and drains. Under these restrictions, to render such lands fit
for cultivation, they were subject to the disposal of the Legisla-
ture.
The Legislature of 1855 vested the title to these, and the In-
ternal Improvement lands proper, in five Trustees, for the pur-
pose of creating an Internal Improvement Fund. This act di-
verts the disposition of the lands and the proceeds thereof in a
manner, and for objects, wholly at varinnee: with the grant from
the General Government. For the grant recites the fact, that
it issues in accordance with, and for the purposes contemplated
in the act of Congress authorizing its i.sue. But without dis-
cussing how far, or whether in any way, this diversion of the
lands will affect the corporations already acting under our State
Legislation, the act contains other provisions, that in the pres-
ent impoverished condition of the State, should no longer re-
main on our statute book.
The value of lands appropriated, the direct responsibility of
the State in pledging the Internal Improvement Fund for inter-
est on the bonds issued, and to be issued, the release of all such
companies from taxation, and their employees from highway
taxes, military and jury duties; the enabling act it is for all
cities, towns and counties to increase taxation; the making the
bonds of such cities, towns and counties a legal tender, and the
compulsory obligation to receive an evidence of debt, and can-
cel the debt of the corporation, are some of the anomalous and
oppressive features of the act, to which I call your particular at-
tention.
STATE ARMS.

In September, 1868, in view of the public threats made by
leading opponents, and the organizations of lawless bands of con-
spirators against the State government, I visited New York and
attempted to loan sufficient armament to defend the officers of the
law and maintain the authority of the government. Failing to
obtain a loan, I purchased two thousand stands of arms with
equipment, and twenty rounds of ammunition, on a credit of four

21

months, at an aggregate cost, including insurance to Jackson-
ville, of $21,090, which was paid as soon.as the Legislature made
the appropriation in February.
On the way from Jacksonville about one half of these guns
and nearly all the ammunition were endereldunfit for service or
destroyed, by one of the bands of outlaws referred to, after hav-
ing been thrown from the cars by persons secreted on the train.
"No action has been taken by the railroad company to discover
the perpetrators or restore the damage, and none of the crimi-
nals have yet been brought to justice.
By an act of Congress, each Congressional District is entitled
to receive from the Federal government 81,650 per annum in
.arms. In August last I visited the War Office at Washington
to ascertain what amount was due Florida on this account. I
found that no charge existed against the State for issues since
1860, and therefore, that there was justly due on this account
the sum of $14,850.
* The charge for a single musket and accoutrements I was in-
formed by the Ordnance officer was 20o, and for breech-loaders
$26. This would entitle us to 742 muskets or 571 breech-loaders.
At the rate at which I purchased in New York, however, it would
give us 1,485 muskets or about 1,000 breech-loading arms. In
view of this fact, and that we have already purchased, I recommend
that our Representative be requested to ask Congress to refund
to the State of Florida the amount paid for arms, and that the
same be charged in the account at the Ordnance Office to be re-
funded from the annual appropriation for arms.
"TIHE MILITIA.
The enrollinent of the militia ordered by the Legislature has
progressed slowly and the returns are still incomplete. I have
not deemed it wise, in the peculiar condition of the popular
mind, to attempt to precipitate the organization of the militia,
and have withheld appointment of officers until the rolls should
be completed. I shall, however, at the present session submit
the names of general officers, and the'Adjutant-General will pro-
ceed as rapidly as possible to perfect the organization and pre-
pare it for service as circumstances may require.
MARTIAL LAW.
In view of the numerous murders of defenceless freedmen and

22

of officers of the law, and of the armed organizations which have
threatened the peace of communities in various counties of the
State, an urgent and IApeated demand has been made upon me
for the establishment of martial law in those districts.
This is a measure which should be resorted to only under cir-
cumstances of the most urgent necessity, and when the lives and
property of the community cannot be otherwise secured. No ar-
bitrary or extreme measures should be resorted to except in the
last extremity. At the same time, if civil government is rendered
powerless to protect life and property, and armed men usurp
control, it becomes the imperative duty of the Executive to place
the district under military rule. To do this effectively would
involve an expenditure of not less than $100,000 and might easily
require half a million. It would retard immigration and impov-
erish the State.
I have, therefore, sought every other means and determined
to exhaust every alternative before resorting to so grave an ex-
pedient. In the counties of Jackson, Columbia and Hamiilton
lawless men have at times entirely overawed the civil author'
ties and committed crime with temporary impunity. These
men have been encouraged by the local newspaper and by the
utterance of false and malicious charges against the government.
Low passions and base prejudices have been appealed to in some
cases to induce revenge for imaginary wrong in the past; in
others, wantonness and riot, whiskey and bad passions have
caused bloodshed and disorder.
"I have received assurances from all these counties that these
outrages shall be repressed and the criminals brought to justice.
In Jackson county, where the outrages have been the most ag-
gravated, at the term of court now just closed, indictments have
been found against several of the most prominent, and if justice
is meted out to these, further outbreaks may be prevented. In
the other counties named the officers and law-abiding citizens
still hope to surmount the difficulties. I shall, Jhwever, under
the law authlorizing a volunteer militia, immediately take the nec-
essary steps to meet any further insurrectionary demonstrations,.
and hope to be able to render effective any measure that may be
required to compel obedience to law. To enable me to do this
you'must make the necessary appropriation to meet the expense.

23

SECRET POLICE.
In consideration of the outrages upo eedmen and the often.
repeated threats that colored nfen should not hold office or sit on
juries, at your first session you authorized me to employ as many
persons as I deemed necessary to secure protection to life, liberty
and property of the inhabitants of the State. Under this act
I employed men to visit different portions of the State to pri-
vately assist the officers of the law in securing criminals and
fugitives from justice, and in investigating cases of oppression
and murder. I have incurred expenses under this law of a few
hundred dollars for which I placed vouchers in the Comptroller's
office. But as the efficiency of this service depends entirely upon
the privacy with which it is conducted, since January last I
have paid most of these expenses, and shall ask the appropria-
tion at your hands.
UNITED STATES MILITARY RESERVATIONS.
In addition to the property at Chattahoochee, the occupancy
of which has been obtained for a Penitentiary, the United
States Government holds valuable lands and buildings, which
are no longer necessary for its use, and which are unoccupied.
In August last I applied in person to General Sherman, then
Secretary of War, for authority to occupy the abandoned bar-
racks and grounds at St. Augustine and Tampa, for benevolent
purposes, in connection with asylums for the insane, blind, deaf
and dumb, orphans, or for educational or other State purposes,
as the Legislature might desire. I was informed that the law
forbid the Department's transferring the same, but that they
would be freely and cheerfully relinquished to the control of
Congress, being no longer required for purposes of the Depart-
ment.
There is also an old building at St. Augustine, formerly occu-
pied as a United States Court House, which is now abandoned,
and no longer necessary to the general government.
In view of the impoverished and destitute condition of the
State, I think, upon application of the Legislature by memorial,
Congress might be induced to either grant these to the State
for benevolent and educational purposes, or give us the occu-
pancy of the same until we are able to build for ourselves.

24

FISHERIES.
The oyster banks and fisheries of Florida are of much greater
importance than is Winerally ,considered, and should receive
attention at your hands. They should be a source of revenue
to the State, and should be properly guarded by stringent
enactments. The practice of erecting weirs and pounds at the
mouths of our rivers should be immediately proliitc.,, as these
obstructions, if permitted, will soon deprive those waters of the
most valuable fish, as has been done on streams in Carolina and
further north.
AGRICULTURAL COLLEGE.
-1
By an act of Congress, Florida is entitled to ninety thousand
acres of public lands, for the establishment of an agricultural
college. Under the decision of the Department of the Interior,
"we may obtain scrip for this amount of lands, to be located
anywhere on the public domain. On a personal application at
the General Land Office, I was informed that, upon authority
being granted by the Legislature to receive the scrip, it would
immediately be issued. This scrip will sell in the market for
ninety cents per acre, and yield $81,000, which is required to
be invested either in the immediate construction of the college
or in interest bearing bonds for that purpose, when the work
shall be undertaken. I recommend immediate action in this
behalf, so that the fund may be accumulating at as early a
period as possible.
DIVISION OF THE STATE.
At the last session of the Legislature a proposition was
received from Alabama to open a negotiation for a cession to
that State of the western portion of Florida, and I was author-
ized to appoint a board of commissioners to visit Montgomery
to treat upon that subject. I appointed Messrs. Purman, Dyke,
and Moragne, who concluded a treaty (a copy of which I here-
with submit), which was submitted to the people of that por-
tion of the State treated for in accordance with the law, and
by them approved. The vote was as follows:
For. Agst. Total.
Escambia county. .................................. 436 352 788
Franklin county............................... 58 26 84
Holmes county................................... 72 41 113
Santa Rosa county................................ 119 155 274
S....!

25

For. Agst. Total.
W alton county. .................. ..... ........... 170 65 235
"W asbington county ........................... ...... 190 20 210
Calhoun county................................ 117 2 119
Jackson county.................................... No election.
Total.................. ....... ...................1,162 661 1,823
This action is, of course, only preliminary, and concludes
nothing. The Constitution fixes the boundary, and to change
that boundary would require more than a mere legislative act
and the vote of a portion of the State. I presume no very con-
siderable portion of the people of the State, or their Representa-
tives, seriously entertain the idea of ceding one-fifth of our
territory and population and the finest harbor on the Gulf to
the jurisdiction of another State, almost without consideration.
PROVISION FOR THE DESTITUTE.
I recommend that some measures be taken at your present
session for a systematic provision by the counties throughout
the State for the poor. In a country where a subsistence is so
easily obtained there should be none so destitute as to require
public charity; but, unfortunately, there is a large class of
whites as well as blacks, who, through ignorance, vagrancy,
vice, or for some other cause, demand public assistance. In-
stead of the present loose habit of allowing them to come to the
boards of supervisors and drawing supplies to be wasted or mis-
appropriated, I recommend that each county be required to es-
tablish a home for the poor and destitute, where they can be re-
ceived and cared for and subjected to proper discipline, and re-
quired to labor for support when capable. I would then cause
every mendicant or applicant for public charity to be arrested, and
if worthy provide them a home; if impostors, punish them. By
providing a farm and suitable conveniences, the counties may
in this way render the poor self-subsisting, besides doing a public
charity.
(COMMUT NATIONS AND PARDONS.
By the Constitution, the Justices of the Supreme Court,
Attorney General, and Governor are vested with authority to
"remit fines and forfeitures, commute punishment, and grant
pardons." No law has, as yet,'been passed regulating the man-
ner of applying for pardons, but the following is a list of such as
have received clemency from the Board up to the present time:

PARDONS-1869.

NO. NAME. CRIME. CO EN CONVICTED. SENTENCE. OED. TERMS.
- 1-_ .--..1. I i 1I-- ----f ---

1 Richard Tuplett.. Larcny ..... Jefferson co.. No record.............. ..... 1 annd imprisnm't co. jail 60 days Jan. 15, '69. Paym't fine and costs
2 C. Robinson L.... Larceny Jefferson co.. No record....... ..........$1 and imprisnm't co. jail 60 days Jan. 15, '(9. Paym't fine and cost
3 Jas. IIarris..'.... Larceny ..... JTeficrson co.. No record .................... 1. and imprisnm't co. jail 60 days Ja. 15, 'GO. Paym't fine and costs
4 A. Smith i........ Larceny...... Jefferson co.. January Term, County Court.. 31 and imprisnm't co. jail 0 das Feb. 13, '69. Paym't fine and costs
5 S. Ts1ral ........ :L'reii .... Jefferson co.. January Teim, County Court.. St and imprisnm't co. jail 60 days Feb. 13, '69. Paym't fine and costs
S. S. T abbL......... n Larceny .... Jefferson co.. January Term, County C'ourt.. 91 and imprisum't co. jail 60 daysFeb. 13, 'GO. Paym't fine and costs
S J. W. Canada.... lt Or-ing. co ... Fall Term Cir. C't. 7th C't., '08. State Penitentiary, one year..... Jan. 8, '69.. Full Pardon..........
8 Monday Jones... Larceny TH..amilton co. Spring Term,Cir. C 't. 3d C't.'69 State Penitentiary, one year ..... Jan. 10, '69. Full Pardon.........
9 W. Hampton..... Larceny .. Columibia co.. Fall Term, Cir. C't. 3d C't., '8. $500 ...................... ... July 14, '69. Full Pardon.........

DEATH WARRANTS-1869.

-No. SNA .. CImIE UrPON WIOM. l D WHEN CONVICTED. SENTENCE. WA T EXIED.
CONVICTED. ISSUED. EXECUTED.

1 Turner Woods... Miurder....... Jacob Dais. ?Madison co .. SprinU T'm Circuit C't, '68... To be executed Jan. 22, '69. June 18, '(9 .. July 3, '9....
2 J. WV. Freeman .. Murder,...... A. J. Miller .. Santa Rosa co Fall erm Circuit Court, '69.. To be executed pleas. Gov. Nov. 3, '69.... Nov. 19, '69.
3 Josiah Byrd...... Murder....... Wm. Scott... Hernando co.. Fall Term Circuit Court '69.. To be executed pleas Gov. Nov. 24, '69.. Dec. 17. '9..
4 Aleck Miller...... Murder.. I OTRourke. Nassau co.... Fall Term Circuit Court, '69.. To be executed Feb. 11, '70. Dec. 15, 69... Feb. 11, 'O...

R EPRIEVES-1869.

DATE OF
NO. NAME. CRIME. UPON WHOM. i IIHERE CONVICTED. 'WHEN CONVICTED. EPTETE. TO WHAT TIME.
1 t)1 i .......Tr o..........l....
""-.--.----- ---- ---- -- -------- --........ re-ord-.... re-ord-------........ ---.. -- -- -- -- ---.-...-- "...- ..------- ----- ------ ....-.-. .--- --- -- --.--. ... --T-- -- ---
1 Turner Woods.. Murder....... Jacob Davis..... Madison county.. ....... Spin Term Circuit Court, 1868.... June 7, '69.... July 3, '9...
Si. Gavin........ No record... No record........ l co.. .. .. Cir Cuit .... ........... Nov. 13. '9.... Tn days rom date,

REMISSION OF FINES IMPOSED-1809.

i'WHIIEE CON- TWIIEN IEMIIT-!
NO. NM E C II E. E WlEN COVTCITET. : SENTENCE. REARKE. HEN TERMS.
.. .. .............. ...... ... ... ..... ..... ...... .... .......... __"_____
1 Thos. Darling ....Larcny ........ Jefferson Co. No record................ Fined $500. Jan'y 15,1869.
2 Alfred Willimns. Larcen y........ Jefferson Oo. No record................. Fined $100. Jan'y 15,1869.
F Frank Ivey ...... Larceny........ Hamilton Co. No record ............... Fined $500. In Jail since Nov. 26, 1868. Jan'y 20,1869..
4 Wm. Jenkins.... Larcny........ Hamilton Co. No record..... ........ Fined $500. In Jail since Nov. 26, 1868. Jan'y20, 1869.
S. Jacob Prosser... Larceny ...... Hamilton Co. No record ... .. No rcord.. In Jail since Nov. 26, 1868. Jan'y 20. 1869,
i Wm. Sander.... Larceny........ Monroc Co.. Fall term Circuit Court, '68 Fined 150. June 7, 1869. Uponp'tce'ts
7 Alex. Wilson .. Larceny........ iMonroe Co.. Fall term Circuit Court, '68 Fined .1t). June 7, 1869. Upon p'tc'Ph
8 Jno. J. Johnson. Larccny...... Gadsden Co.. Spring term Circuit Ct., '69 Fined '"50. June 7, 1869.
9 lt Parker ..... No record...... Escambia Co. Spring term Circuit Ct., '69 Fined $100. June 8, 1899.
10 'alanm Malphus. Manslaughterr. Hamilton Co. Spring term Circuit C., '69 Fined $150. IPriso'r to be det'd inprison. Aug. 1, 1869.1

COMMUTATION OF SENTENCES-1869.

No. N An. T. E CON- W N C TED. TENCE. WHEN TO BE EXE- WHEN COr TE
NTo0. NA S1'NS. C V 1111 COIN- WSSETN CONMTEu TE"NO", "TI"TERMS.
SVICTED. .CUTED. 3IUTD.

1 Bill Morgan...... Murder ........ Alachua Co.. Fall term Circuit Ct., 1868. jTo be exc'd November 28, 1868. Jan'y 27, 1869 jImprison't for life.
2 A. McCall.... Murder ....... Alachua Co.. Fall term Circuit Ct., 1868. iTo be exe'd November 28, 1868. ian'y 27, 1869 imprison't for life.
3 Smart Walker.. Murder ....... Alachua Co.. Fall term Circuit Ct., 1S68. jTo be exo'd November 28, 1868. Jan'y 7, 1809 iImprison't for life.
4 Abram King..... Murder, ...Madison Co. Spring term Cir't Ct., 1869. To exe'd June 11, 1869..... June 7 189.. Imprison't for life.
5 Randal Reevis... No record..... Columbia Co. Spring term Circ'tCt., 1869. 11 yr St. pen !June 8, 1869. Im. $10flneandcsts.
r i~i~D r~r nru ~ sr~~v~rrr*R ------r--e.--.--, --------P---PI --ur I 4T-)I--I
SUSPENSION OF FINES.

No. i NAME. CRIME. WV'HEr CONVICT WHEN CONVICTED. DDATE OP SUSPENSION. TIME.

1 ;Frank Brooks........ Larccny............. Jefferson County. Fall term Circuit Court, 1869.. December 15, 1869 .... Until further orders....
2 John Connors........ ICar'ng concd weapons Monroe County.. Spring term Circuit Court, 1869 December 20, 1869 .... Until further orders....
3 Tony Ford....... Arson... ...........Leon County..... Spring term Circuit Court, 1869!Dccember 21, 1869 ....Until further orders...
4 Isaac Lewis.... .. Larceny.... .......... Leon County..... Spring term Circuit Court, 1869!December 24, 1869.... Until further orders....
5 Moes Bland....... Larceny................ Lon County..... IFnll term Circuit Court, 1869,. December 4-1 1869.... Until further ordere..

28

UNION BANK.
In pursuance of the law of August, 1868, authorizing the
appointment of a committee of three, to inquire into the condi-
tion, liabilities, and asset:- of the Union Bank of Florida, and as
to the liabilities of the State or of the United States for the
bonds of said bank, I appointed W. J. Furman, W. -H.
Gleason, and J. T. Bernard to discharge that duty. Judge
,Bernard immediately took up the case and submitted a report,
but it was subsequently withdrawn by the committee for fur-
ther consideration, and was not returned. It will, undoubtedly,
be submitted in time for your action at the present session, and
I trust that some way may be found to dispose of this matter,
so as to relieve the State and the people of further liability and
inconvenience.
DIGEST AND CODE.
A law was passed in August, 1868, authorizing the Governor
to employ a commission, of not exceeding three persons, learned
in the law and familiar with its practice, to make a complete
and accurate digest of all the laws of Florida of a general na-
ture, not in conflict with the Constutitution, and which may be
thought, best to retain in force, and also in connection with the
Justices of the Supreme Court, to prepare a code of practice,
&c.
In February last I appointed Judge A. H. Bush to prepare
the digest, and Hon. Robert M. Smith the code of practice.
l.tL works are now completed, and will be submitted at the
present session. The code will require your approval to become
a law. It is well prepared, and will be satisfactory to all who
wish to i,-pense with the common law system and adopt a less
difiealt, legal practice.
THE STATE CAPITOL.
The condition of the Capitol building and grounds is a dis-
grace to the State and a dishonor to republican government.
The building should have anew roof immediately to save it
from ruin. It should be thoroughly renovated :and painted. The
Assembly Hall should have a gallery and be re-furnished, and
many of the rooms should be also re-furnished. United States
officers claim the use of two of the rooms and pay no rent. There

29

is now no suitable room fdr the Commissioner of Immigration,
nor is there room enough according to the present arrangement
for the books of the State Library to be properly disposed of.
I recommend that a joint committee be appointed to examine
and report a proper plan for the improvement of the Capitol and
grounds, and re-arrangement of the rooms, and that a law be
passed forbidding the future use th ft s f the halls for travelling show-
men and other purposes derogatory to the State Capitol, or the
appropriation and occupancy of the rooms except for State pur-
poses and by State officers.
DISABILITY FOR PARTICIPATION IN THE REBELLION.
The Federal Government, in restoring to the people of the
South their forfeited rights, after the war, reserved from a cer-
tain class the right to hold office. This restriction was
deemed necessary to the future protection of the Govern-
ment, and was adopted purely as a measure of safety.
The course pursued by many who have received the amnesty
and protection of the Government indicates the wisdom of this
precaution. But the time when such a restriction was necessary
in this State has passed, though not, perhaps, in some of the
other States. I recommend that Congress be asked to pass a
bill relieving all citizens of this State from disability on account
of participation in the rebellion, upon their filing with the Sec-
retary of State an application for such relief.

RAILROAD POLICY.

On the 20th March last the Board of Trustees of the Internal
Improvement Fund sold the Pensacola and Georgia and the
Tallahassee Railroads, under the law, on account of the Fund.
Sufficient was realized to relieve the fund from further incum-
brance on that account. The report of the Secretary of the
Board will give the particulars.
The purchasers, as in the case of the Central Road before sold
asked the necessary legislation to enable them to construct their
road immediately to the Apalaclicola, which was granted. A
law was also passed providing direct State aid to complete our
system west to Pensacola and Mobile, and south to Charlotte
Harbor.

30

Under pretence of frau nd iad allegations of corruption, a bold
effort was made to throw the matter into inextri:cable conhfsion,
and prevent the further progress of the works. Men without
means of their own oughtt to induce the county boards of com-
missioners of counties holdingg stock, to co) ence suits at the
expense of the people, against the new company. -A court was
appealed to, and the extraordinary and uinpralleled order was
procured, without ,oirc: to the owNoers, and in theii absence, to
place the road and all its property in the hands of irresponsible(
parties, with a merely nominal bond.
This analyzedd the progress of the work, and defeated the
purpose in calling the special session of the Legislafture viz.:
the immediate completion of the road to the river.
Our Supreme Court was appealed to, and as in a previous
llmemolrable instance, found competent to protect tile interests of
the State and the rights of the people. The usurpation was de-
feated, though not in time to prevent wgroat ldanages. The work
is now progressing slowly to consummation. But it seems to me
that some law should exist, that would render men criminally
.liable, -who should originate such schemes of fraud and plun-
der.
No bonds have been issued, or asked for, under this law, 1and
I am informed by the company that it is not their pinrpose, to
ask the issue of bonds in advance of the work, and then only
under such restrictions, as will preclude the disgraceful and un-
founded charges of attempted fraud upon the State.
In pursuance of the law, I appointed C. I. Alton, Esq., an en-
gineer of experience and distinction, State Engineer in charge
of the works until perfected.
The Florida Railroad Company has not si'gnified its purpose
to proceed with the construction of the road to Tampa and Char-
lotte Harbor, and unless it shall be found that it does so pro-
pose, I reconmiend that its franchise be granted to some other
party, who will ;undertake the immediate prosecution of the
work.
RAILROAD LAND A N NTS.
In this connection, I wish to call your attention to the fact
that no effort appears yet to have been made in Congress, to
restore to our State the grants of lands in aid of our railroads,

31

which were forfeited during the war. Other States have had
their grants restored, and my information, based upon state-
ments of a member of the Committee on Public Lands in Con-
gress, is that we have only to introduce the proposition, to re-
ceive the sanction of that body, as was done at the last session
in the case of Alabama. I presented in behalf of Florida a
memorial on this subject to the Senate at the last session, a copy
of which is herewith submitted, but no action was had that I
am advised of.
FEDERAL REA,,TIONS.
The relations of the re-organized States of the South have
been placed upon a much more secure and sound basis within
the last few months. The purpose has been again and finally
affirmed by Congress and the administration, that the guaran-
tee by the Constitution of a republican form of government to
all the States shall be mintatined, if necessary, by federal force.
The act of bad faith of a neighboring State, in denying
rights which they had sworn to secure, has received, at the
hands of the Government, appropriate rebuke, which affords to
our newly enfranchised citizens an earnest of future protection
and security. So far Florida has, in all its ,departments, kept
its faith inviolate, and the equal rights of its citizens are gen-
erally conceded by all classes. I have received, very recently,
practical demonstration of the purpose of the Federal Govern-
ment to afford us all necessary aid in the enforcement of the
laws.
In conclusion, allow me to assure you of my earnest desire to
co-operate with the representatives of the people in every meas-
ure having for its object the prosperity of the State. It is un -
necessary for me to admonish you to economy in expenditure.
All have a common interest in relieving the people of taxation,
and the condition of the State is such as to call upon all to unite
in one purpose to extricate it from its embarrassment, :and se-
cure efficiency in the administration of the government. Invok-
ing for your deliberations the blessings and guidance of the
Most High, I invite your advice, counsel and co-operation in be-
half of the interests of the State and people.
HARRISON REED.

*

32

On motion of Mr. Henderson the joint meeting adjourned.
Mr. Raney offered the following:
.Resolved, That 300 copies of the Governor's message and of
Comptroller's and Treasurer's reports be immediately printed for
use of the Assembly ;
Which was read and adopted.
On motion of Mr. Butler, the Assembly adjourned until to-
moi'row morning at 10 o'clock.

THURSDAY, January oiL 1870.

The Assembly met pursuant to adjournment.
The roll was called, and the following members were present:
MIr. Speaker, Mssrs. Bogue, Bostick, Clie-hire, Cox, Cruce,
DeLaney, S 'vili,E 'ror wa, Frtui' Green, Greeno, Harris,
Hill, Hodges, cKcne, McAaley, McKinnlon, McMillin, Melvin,
Mills, Moore, Osgcood. Pittman, Pons, Powell, Raney, Thomp-
son, Trquhart, Varnum, Walker and Wells-32.
A quorum present.
Prayer by Mr. Fortune.
The journal of yesterday's proceeding was read and approved.
On motion of Mr. Raney, of Franklin, the use of the Assem-
bly Hall was granted to Professor Ryanthis evening.
Committee on Legislative expenses made a report, which on
motion of Mr. Erwin was recommitted to same committee.
The Speaker announced the following standing committees:

STANDING COMMITTEES OF THE ASSEMBLY.

Corn;nitUc on Judiciary.
Mr. RANEY, Chairman.
Messrs. FORTUNE, McKINNON,
HARMAN, WALKER.

Committee on Educalion.

Mr. MOORE, of Columbia, Chairman.
Messrs. OSGOOD, BOSTICK,
HILL, FORWARD.
(Com7mittee on Finance and T(f.'tiun.
,Mr. HA tRRIS, Chairman.
Messrs. RANEY, GREEN, of Manatee.
THOMPSON, CHESHIRE.

S

Committee on Claims.

Mr. BUTLER, Chairman.
Messrs. LEE, GRAHAM,
OLIVER, MILLS.

Committee on Corporations.

Mr. MQORE, of Columbia, Chairman.
Messrs. COX, OLIVER,
ERWIN, WHITE.

Committee on City and County Organization.

Mr. McKINNON, Chairman.
Messrs. PONS, RODGERS,
GREEN, HODGES.

Committee on Militia.

Mr. GREEN, of Manatee, Chairman.
Messrs. SIMPSON, MOORE, of Hillsboro',
"MELVIN, POWELL.

Committee on Legislative Expenses.
Mr. WALKER, Chairman.
Messrs. THOMPSON, BUTLER,
WATSON, ROBINSON.

Committee on Agricdliturc.
Mr. STEWART, Chairman.
Messrs. ERWIN, BRADWELL,
WELLS, UTRQUHART.

Committee on Public Printing.
Mr. VARNUM, Chairman.
Messrs. GREEN, BLACK,
STEWART, WATSON.

Committee on Enrolled Bills.
Mr. FORWARD, Chairman.
Messrs. KEENE, MOORE, of Colvmbia,
BOGUE, PONS.
3

Committee on .E3grossed Bills.

Mr. FORTUNE, Chairman.
Messrs. VARNUM, McMILLIN,
SIMPSON, MOORE, of Hillsboro'.

Comnmitte on Privileges and Elections.

Mr. WALKER, of Leon, Chairman.
Messrs. OSGOOD, McAULEY,
HARMAN, MELVIN.

Committee on Stat e A stittions.

Mr. THARMAN, Chairman,
Messrs. RANEY, SCOTT,
STONE, POWELL,

Committee on Railroads.

Mr. VARNUM, Chairman.
Messrs. PITTMAN, HILL,
CHESHIRE, HARRIS,

Committee on Public Lands.

Mr. LEE, Chairman,
Messrs. ROBINSON, CRUCE,
BRADWELL, FORWARD.

Committee on Indian Affairs.

Mr. WATSON, Ohairman.
Messrs. HALL, McAULEY,
COX, GREEN of Manatee.

Committee on Navigation.

Mr. WHITE, Chairman.
Messrs. FILER, DELANEY,
BOSTICK, RODGERS.

Without notice the following bills were introduced,
By Mr. Green of Manatee:

A bill to be entitled 'An Act to repeal An Act the better to
procure and secure protection to life, liberty and property in
the State of Florida, approved August 6th, 1866.
By Mr. Walker:
A bill to be entitled An Act requiring one-half of each and all
salaries of the executive, administrative and judicial officers of
the State, as fixed in the Constitution, to be paid in six per cent.
coupon bonds;
Which were read first time and referred to Committee on the
Judiciary.
Mr. Harris moved that (100) one hundred copies of standing
committees be printed for the use of the Assembly:
Which was agreed to.
On motion of Mr. Pens, the Assembly adjourned until ten
o'clock to-morrow.

FRIDAN, January 7th, 1870.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names :
Mr. Speaker, Messrs. Butler, Bogue, Bostick, Bradwell, Black,
Cheshire, Cox, Cruce, DeLaney, Erwin, Forward, Fortune,
Green of Manatee, Greeno, Harman, Harris, Hill, Hodges, Keene,
McAuley, McKinnon, McMillin, Melvin, Mills, Moore of Colum-
bia, Moore of Hillsborough, Oliver, Osgood, Pittman, Pens,
Powell, Raney, Simpson, Stewart, Thompson, Urquhart, Var-
num, Walker, Watson, and Wells-41.
A quorum present.
Prayer by Mr. DeLaney.
On motion of Mr. Simpson, the reading of yesterday's journal
was dispensed with, and the journal approved.
Mr. Wells moved that (100) one hundred copies of the Stand-
ing Rules be printed for the use of the Assembly;
Which, on motion of Mr. Simpson, was laid on the table.
Mr. Harris moved that the U. S. flag be hoisted over the
Capitol during the session of the Legislature;
Which was agreed to.
ORDERS OF THE DAY.
The following message was received from the Senate
SENATE CHAMBER,
TALLAHASSEE, FLA., Jan. 6, 1870.
Hon M. LM. STEARNS, Speaker of the Assembly:
SmR-I am directed by the Senate to inform your honorable
body that the Senate has passed a joint resolution, to wit:

WHEREAS, The bill passed at the last session of the Legislature
of the State of Florida, entitled "An Act to perfect the Public
Works of the State," has been changed in some of its most
essential features, after it was passed upon by this Legisla-
ture; and W EREAS, Various rumors of fraud and corruption
have been circulated in connection with this bill; therefore,
be it
_Resolved, That a committee of seven, four from the Assembly
and three from the Senate, be appointed to investigate the
matter, report fully, and thus vindicate the honor and integrity
of this Legislature, and that the said committee have power to
send for persons and papers.
Messrs. Walls, Kendrick, and Purman were appointed on the
part of the Senate, as above committee.
I have the honor to be, very respectfully,
CHARLES MUNDEE, Secretary.
Which was read.
The resolution taken up.
Mr. Raney offered the following as a substitute for Senate
resolution No. 2:
WHEREAS, It is charged and generally believed, that the bill
passed at the last session of the Legislature of the State of
Florida, entitled An Act to perfect the Public Works of the
State," has been fraudulently changed in some of its most es-
sential features; AND WHEREAS, There are various rumors of
fraud and corruption in connection with the passage and alter-
ation of this bill; therefore be it
Resolved by the Senate and Assembly, That a committee
of three from the Senate and four from the Assembly, be ap-
pointed to investigate the whole matter of such alteration and
fraud, and report fully at their earliest convenience, and the com-
mittee shall have power to send for persons and papers;
Which, on motion of Mr. Black, was adopted.
The following was also received:
SENATE CHAMBER,
TALLAHASSEE, Fla., Jan. 6th, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly
Sin--I am directed by the Senate to inform your honorable
body that the Senate has adopted a resolution to memorialize
the Congress of the United States, in relation to certain post-
office routes in this State.
I have the honor to be, very respectfully,
CHARLES MUNDEE, Sec'y.
Which was read.
The resolution and memorial taken up.

The Assembly concurred in memorial and adopted resolution.
Under a suspension of the rules, Mr. Fortune offered the fol-
lowing resolution:
Resolved, That in respect to the memory of the late Hon. M.
M. Edwards, Assemblyman from Hernando county, that this As-
sembly when it adjourns to-day stay adjourned till Monday
morning at ten o'clock;
Which was read, and on motion, adopted.
Mr. Green of Manatee, moved that a committee of five be ap-
pointed to draft suitable Preamble and Resolutions, in regard
to the death of the Hon. M. M. Edwards, late Assemblyman
from Hernando county;
Which was agreed to, and the following were appointed said
committee:
Messrs. Green of Manatee, Fortune of Jackson, Harris of
Marion, Moore of Hilsborough, and Harman of Alachua.
Rules suspended,
The following bills were introduced without notice.
By Mr. Walker of Leon:
Bill No. 3, to be entitled An Act to Amend*the Second. and
Third Sections of An Act for the pay of State Attorneys and
County Judges, approved February, 1st, 1869;
Which was read the first time.
Also:
Bill No. 4, to be entitled An Act to Amend Section One of
An Act in relation to Fees to be charged, received and collected
by the Public Officers of the State, whose fees are prescribed
by law, approved December 11th, 1866;
Which was received and placed among the orders of the day.
On motion of Mr. Oliver the Assembly adjourned.

MONDAY, January 10, 1870.
The Assembly met pursuant to adjournment.
The roll was called, and the following members answered to
their names, viz. :
Mr. Speaker, Messrs. Butler, Bogue, Bradwell, Black,
Cox, Cruce, DeLaney, Erwin, Forward, Fortune, Green of
Baker, Green of Manatee, Harman, Harris, Hill, Hodges, Keene,
Lee, McAuley, McKinnon, McMillin, Melvin, Oliver, Pittman,
Pons, Raney, Scott, Simpson, Stewart, Thompson, Urquhart,
Varnum, Walker, Watson, and Wells.
A quorum present.
Prayer by the chaplain, Rev. W. G. Stewart.

38

On motion of Mr. Harman the further reading of Friday's
journal was dispensed with, and the journal approved.
Mr. Pons of Escambia, offered the following Resolution :
SResolved, That the ladies of the Presbyterian Church of Tal-
lahassee be allowed the use of the Assembly Hall on Wednes-
day evening next.
Mr. Erwin moved to lay the resolution on the table;
Which was not agreed to.
On motion, the resolution was adopted.
Mr. Harris, of Marion, offered the following:
Resolved, That all questions in reference to the township
maps prepared by the Surveyor-General for the use of counties,
under Act approved August 6, 1868, be referred to a special
committee of three to be appointed by the Chair;
Which was read.
Mr. Harman of Alachua offered the following as a substitute:
Resolved, That a committee of five be appointed to investi-
gate all questions in relation to township maps;
Which was read.
On motion of Mr. Simpson the resolution and substitute were
laid upon the table.
Mr. Hodges offered the following:
WHEREAs, It appears that the clock now standing in this Hall
is of no value, and WHEREAS, efforts were made to put the
same in running order by several Watch and Clock makers
of this city and failed to do so, and WHEREAS, it is the opin-
ion of the best Watch and Clock maker of this city, that the
same is of no value and good for nothing, therefore be it
Resolved, That the Sergeant-at-Arms is hereby authorized to
purchase a clock for the use of this Assembly.
Which was read, and on motion of Mr. Simpson indefinitely
postponed.
"The speaker announced the following as committee to act
with Senate Committee of Investigation, in regard to charges
of fraud and mutilation of Senate bill, entitled An Act for the
Perfection of the Public Works of this State," viz.:
Messrs. Raney, Harman, Butler and Moore of Hillsborough.
Mr. Walker made the following report:
COMMITTEE ROOM, January 10th, 1870.
HoN1 M. L. STEARNS, Speaker of the Assembly:
Your Conunittee on Legislative Expenses, having had under
consideration a resolution relative to stationery, beg leave to

recommend that the sergeant-at-arms be authorized to purchase
only upon the written order of the Chairman of the Committee
on Legislative Expenses, so much of the following articles as
may be necessary for the use of this Assembly:
Legal. Cap and Letter Paper, Pens,
Penholders, Blotting Paper,
Paper fasteners, Black Ink,
Lead Pencils, Ink Stands,
Mucilage, Rubber Bands,
Envelopes, large, Candles,
small, Wood,
All of which is respectfully submitted.
S. WALKER,
WM. B. WATsoN,
B. W. TIHMPsoN,
JoHN W. BuTLEE.

Which was read, and on motion of Mr. Harman adopted and
made the special order of the Assembly.

JUDICIARY COMMITTEE REPORT.

COMMITTEE ROOM, January 8th, 1870.
Hon. MI. L. STEARNS, Speaker of the Assembly:
Your Committee on Judiciary having, by order of the Assem-
bly, had under consideration Assembly Bill No. 2, beg leave to
report a substitute for the same, and recommend that the sub-
stitute do pass. GEORGE P. RANEY, Chairman,
SAMUEL WALKER,
D. L. McKiNoN,.
Which was read.
The bill and substitute placed among the orders of the day.
The following bills and resolutions were introduced without
notice:
By Mr. McKinnon, of Walton :
A bill to be entitled An Act granting a Pension to Elizabeth
L. McLean.
Also:
A bill to be entitled An Act to Exempt Finley McCaskill and
"Williami B. McLeod from Professional and Occupational Tax-
ation.
By Mr. Keene, of La Fayette :
A bill to be entitled An Act to Repeal the Thirty-first Section
of An Act Relative to Juries.
By Mr. Varnum, of Escambia :

40

A bill to be entitled An Act to Authorize the Comptroller to
Pay a Commission for the Sale of State Bonds.
By Mr. Harris, of Marion:
A bill to be entitled An Act to provide for a Public Curator
in each of the several Counties in this State.
By Mr. Hodges, of Duval:
Joint Resolution creating a Boiler Inspector in East Florida
and Main Land.
By Mr. Walker, of Leon:
A bill to be entitled An Act to amend the first and second
section of An Act to provide for the Registration of Electors
and the Holding of Elections, approved August 6, 1868, so as
to provide for the election of Representative in Congress ;
Which were received and placed among the orders of the
day.
ORDERS OF THE DAY.

A bill to be entitled An Act granting a Pension to Elizabeth
L. McLean,
Was read first time, and on motion referred to Committee on
Claims.
A bill to be entitled An Act to amend the first and second
sections of An Act to provide for the Registration of Electors
and the Holding of Elections, approved August 6, 1868, so as to
provide for the election of Representative in Congress,
Was read first time.
Mr. Erwin moved to refer to Committee on Judiciary, upon
which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Erwin, Forward, Green of Baker, Green of Manatee,
Hodges, Keene, Lee, McAuley, McMillin, Moore of Hillsbo-
rough, Oliver, Raney, Stewart, Urquhart, Varnum, Walker,
Watson-23.
Nays-Messrs. Black, Cox, DeLanly, Fortune, Graham, Har-
man, Harris, Hill, McKinnon, Moore'of Columbia, Osgood, Pitt-
man, Pons, Scott, Simpson, Thompson, Wells-17.
Motion agreed to.
Rules suspended, without notice Mr. Cox introduced the fol-
lowing bill:
A bill to be entitled An Act repealing Section Fourteen of
An Act approved June 24, 1869, providing for the assessment
and collection of Revenue;
Which was received and placed among the orders of the day.
Assembilly bill to be entitled An Act to authorize the Comp-
troller to Pay a Commission for the Sale of State Bonds,
Was read first time, and under a suspension of the rules was
read the second and third times, and put upon its passage.

41

The vote was:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cox, Cruce, DeLaney, Erwin, Forward, Fortune, Graham,
Green of Baker, Green of Manatee, Harris, Hill, Hodges, Keene,
Lee, McAuley, McKinnon, McMillin, Melvin, Moore of Hills-
borough, Oliver, Osgood, Pittman, Pons, Raney, Scott, Simp-
son, Stewart, Thompson, Urquhart, Varnum, Walker, Watson,
Wells-38.
Nays-Messrs. Black, Harman, Moore of Columbia-3.
Bill passed.
Ordered that the same be certified to the Senate.
A bill to be entitled' An Act to Repeal the Thirty-First Sec-
tion of An Act in relation to Jurors,
Was read first time, and on motion referred to Committee
on the Judiciary.
A bill to be entitled An Act to exempt Finley McCaskill and
William B. McLeod from Professional and Occupational Taxa-
tion,
Was read first time and referred to Judiciary Committee.
The rules being suspended, Mr. Harman offered the follow-
ing :
Resolved, That a sufficient number of copies of the standing
rules of the Assembly be printed for the use of the members,
and that a committee of three be appointed to furnish the
printer with a correct copy of the rules to be printed ;
Which was read, and on motion of Mr. Raney, adopted.
The following were appointed said committee : Messrs. Har-
man, Varnum and Watson.
A bill to be entitled An Act to provide for a public Curator
in each of the several counties of this State,
Was read first time, and referred to Judiciary Committee.
Joint Resolution creating a Boiler Inspector in East Florida,
Was read first time, and on motion of Mr. Walker, laid upon
the table.
A Bill to be entitled An Act repealing Section Fourteen of
An Act approved June 24, 1869, providing for the Assess-
ment and Collection of Revenue,
-Was read first time and referred to Committee on Finance
and Taxation.
A Bill to be entitled An Act to repeal An Act the better to
procure and secure protection to life, liberty and property in
the State of Florida, approved August 6, 1868,
Was read the second time, and on motion of Mr. Green of
Manatee the substitute offered by the Judiciary Committee was
adopted, and the bill ordered to be engrossed.
A bill to be entitled An Act to Amend Section 1 of An Act

42

in Relation to Fees to be Charged, Received and Collected by
the Public Officers of the State, whose fees are prescribed by
law, approved Dec. 11, 1866,
Was read first time and referred to Judiciary Committee.
Bill No. 3, to be entitled An Act to Amend the Second and
Third Sections of An Act for the Pay of State Attorneys and
County Judges, approved February 1, 1869,
Was read the second time, and on motion referred to Judi-
ciary Committee.
On motion of Mr. Butler, of Santa Rosa, the Assembly ad-
journed until to-morrow morning ten o'clock.

TUESDAY, January 11, 1870.

The Assembly met pursuant to adjournment
The roll was called and the following members answered to
their names, viz.:
Mr. Speaker, Messrs. Butler, Bogue, Bostick, Cox, Cruce, De-
Laney, Forward, Graham, Green of Baker, Green of Manatee,
Greeno, Harman, Harris, Hill, Hodges, Keene, Lee, McAuley,
McKinnon, McMillin, Melvin, Mills, Moore of Columbia, Moore
of Hillsborough, Oliver, Osgood, Pittman, Raney, Scott, Simp-
son, Stewart, Thompson, Urquhart, Varnum, and Wells-36.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Hodges, the further reading of yesterday's
journal was dispensed with, and the journal approved.
Mr. Harris, of Marion, offered the following resolution :
Resolved, That the various subjects embraced in the Gover-
nor's messagebe assigned to the appropriate committees by the
chair;
Which was read and adopted.
Mr. Harman, of Alachua, offered the following resolution:
WHEREAS, An appropriation was made at a previous session of
this Legislature to pay for township maps for every county in
the State; AND WHEREAS, A further payment of money is
demanded before the said maps will be delivered from the
Land Office; therefore,
_Resolved, That.a committee of three be appointed by the
chair to investigate the matter, and report to the Assembly the
cause of the delay in thle delivery of the maps, and to recommend
such further action as the case may demand;
Which was read and adopted.

43

The following were appointed said committee: Messrs. Har-
man, McKinnon, and Varnum.
Mr. Green, of Manatee, offered a Joint Resolution for the Re-
lief of Irene Jenkins, of Manatee county;
Which was read and adopted.
Mr. Varnum, of Escambia, introduced the following bill:
A bill to be entitled An Act granting Liens to Artisans, Me-
chanics, and others, and providing for the enforcement thereof;
Which was received, aud placed amoug the orders of the day.
Mr. Raney, of Franklin, from Committee on the Judiciary,
made the following report:
CoMMITTEE ROOM, January 11, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
The Committee on Judiciary, having had under consideration
Assembly Bills Nos. 6 and 3, recommend the passage of the
former, and as substitute for latter present a bill to be entitled,
" An Act to amend An Act for the Pay of State Attorneys and
County Judges," approved February 1, 1869, with recormnenda-
tion that it pass. GEORGE P. RANEY, Chairman.

Which was read, and the substitute placed among the orders
of the day.
Rules suspended,
Mr. Pittman, of Holmes, introduced the following bill:
A bill to be entitled An Act to change the name of William
Henry French to that of William Henry Brett;
Which was received, and placed among the orders of the day.

ORDERS OF THE DAY.
Bill No. 2:
A Bill to be entitled An Act to repeal An Act the better to
procure and secure protection to life, liberty and property in the
State of Florida, approved August 6, 1868,
Was read a third time, and put upon its passage. The vote
was :
Yeas-Messrs. Butler, Bogue, Bostwick, Bradwell, Black,
Cheshire, Cox, Cruce, DeLaney, Forward, Graham, Green of
Manatee, Greeno, Hodges, Keene, Lee, McAuley, McKinnon,
McMillin, Melvin, Moore of Hillsborough, Oliver, Osgood, Pitt-
man, Pons, Raney, Simpson, Smith, Stewart, Thompson,
Urquhart, Varnum, Walker, and Watson-34.
Nays-Messrs. Harris, Scott, and Wells-3.
Bill passed.
A Bill to be entitled An Act to change the name of William
Henry French to that of William Henry Brett,
Was read first time, and referred to Judiciary Committee.

44

A Bill to be entitled An Act granting Liens to Artisans, Me-
chanics and others, and providing for the enforcement thereof,
Was read first time, and referred to Judiciary Committee.
Bill No. 3:
A Bill to be entitled An Act to amend the second and third
sections of An Act for the pay of State Attorneys and county
Judges, approved February 1, 1869,
Was read the second time, and the substitute offered by Ju-
diciary Committee adopted in lieu of the original.
Under a suspension of the rules, the bill was read the third
time and put upon its passage. The vote was :
Yeas-Messrs, Butler, Bogue, Bradwell, Black, Cheshire, Cox,
Cruce, DeLaney, Forward, Graham, Green, of Baker, Green, of
Manatee, Greeno, Harman, Hill, Hodges, McAuley, McKinnon,
McMillan, Melvin, Mills, Moore, of Hillsborough, Oliver, Osgood,
Pittman, Pons, Raney, Simpson, Smith, Stewart, Thompson,
Urquhart, Varnum, Walker, Watson, and Wells-36.
Nays-Messrs. Harris, Keene, Lee, Moore of Columbia, and
Scott-5.
Bill passed.
Bill No 6:
A Bill to be entitled An Act to amend the first and second
sections of An Act to provide for the Registration of Electors
and the Holding of Elections, approved 6th of August, 1868, so
as to provide for the election of Representative in Congress,
Was read the second time, ordered engrossed for a third read-
ing on to-morrow.
The rules were suspended, and Mr. Varnum of Escambia al-
lowed to introduce the following bill:
A bill to be entitled An Act relating to Mortgage;
Which was read first, time, and referred to Judiciary Commit-
tee.
The following Message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, Fla., January 11, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly :
Sin: I am directed by the Senate to inform your honorable
body that the Senate has passed the House Bill, entitled An
Act to authorize the Comptroller to pay a commission for the
sale of State Bonds," with the following amendment.
I have the honor to be very respectfully,
CHAS. MTUNDEE, Secretary.

Which was read, and Senate amendment concurred in, by the
following vote:
Yens-Messrs. Butler, Bogue, Bostick, Bradwell, Black,

45

Cheshire, Cox, Cruce, DeLaney, Forward, Graham, Green
of Baker, Green of Manatee, Greeno, Harman, Harris, Hill,
Hodges, Keene, Lee, McAuley, McMillin, Melvin, Mills,
Moore of Columbia, Moore of Hillsborough, Oliver, Osgood,
Pittman, Pons, Raney, Simpson, Smith, Stewart, Thompson,
Urquhart, Varnum, Walker, Watson, Wells-40.
Nays-0.
Mr. Green of Manatee gave notice that he will on some fu-
ture day offer a bill to be entitled An Act to create the office
of Midwife for the Penitentiary for the benefit of females sen-
tenced by the Judge of the 6th Judicial circuit.
On motion of Mr. Pens of Escambia, the Assembly adjourned
until ten o'clock to-morrow morning.

WEDNESDAY, January 12, .1870.

The Assembly met pursuant to adjournment.
The roll was called, and the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bogue, Bostick, Bradwell,
Cox, Cruce, DeLaney, Erwin, Filer, Forward, Graham, Green
of Baker, Green of 'Manatee, Harman, Harris, Hill, Hodges,
Keene, Lee, McAuley, McKinnon, McMillin, Melvin, Mills,
Oliver, Osgood, Pittman, Pons, Powell, Raney, Robinson, Scott,
Simpson, Smith, Stewart, Thompson, Urquhart, Varnum, Wal-
ker, Watson, Wells, and White-43.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Simpson the further reading o yesterday's
journal was dispensed with, the journal corrected and approved.
The following resolution was offered by Mr. Green of Mana-
tee:
A joint resolution to revoke so much of the appropriation
for contingent fund for (the) Governor as remains unexpended;
Which was received and placed among the orders of the
day.
Mr. Bostick of Wakulla offered the following:
Resolved, That this House adjourn at half past ten o'clock
to-day, until ten o'clock A. M., to-morrow, in order to give the
members of the Assembly the opportunity of attending the
meeting of the State Agricultural Society ;
Which was read, and on motion of Mr. Walker laid on the
table.

On motion, Messrs. Raney and Filer were granted leave of
absence for three days.
Mr. Harris of Marion offered the following :
"WVHEREAS, A resolution was offered and passed that the U. S.
flag should be hoisted over the Capitol during the session of
the Legislature; and WHEREAS, the flag has not been hoisted
but one day,"
Be it Resolved, That the position or office of Acting Assistant
Adjutant-General be created for the purpose of carrying the
resolution into effect;
Which was read, and on motion of Mr. Scott laid upon the table.
Mr. Cox offered the following:
Resolved, That the use of this hall be tendered to the ladies
after 12 o'clock, M., to make their arrangements for their fes-
tivaL
Which was read and adopted.
The following reports of Standing Committees were re-
ceived :
ASSEMBLY HALL, January 12, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly :
Sir : I have the honor to report that Bill No. 5, entitled "An
Act to authorize the Comptroller to pay a commission for the
sale of State Bonds," is correctly enrolled.
I am, Sir, very respectfully,
H. H. FORWARD,
Chairman Committee on Enrolled Bills.
Which was read.
To lion. M. L. STEARNS, Speaker of the Assembly :
The Judiciary Committee, having had under consideration
Assembly Bills Nos. 8, 11, and 13, beg to recommend that bills
11 and 13 do riot pass, and, as a substitute for Bill No 8, present
a bill to be entitled An Act to amend the 31st section of An
Act entitled "An Act relating to Jurors," approved July 28,
1868, with a reconmen(ldation that it do pass.
GEORGE P. HANEY, Cluirmaj.
Which was read, and the bills placed among the orders of the
day.
COMMITTEE 1ROMs, January 12, 18'70.
lHon. M. L. STEARNs, Speaker of the Assembly:
Sir : The Committee on Engrossed Bills beg leave to report
as correctly engrossed Assembly Bill No. 6, entitled An Act to
amend the first and second sections of An Act to provide for
the Registration of Electors and the holding of Elections, ap-

47

proved August 6, 1868, so as to provide for the election of a
Representative in Congress.
Respectfully, E. FORTUNE, Chairman.
Which was read, and the bill placed among the orders of
the day.
Mr. Black gave notice that he would to-morrow introduce
"a bill to be entitled An Act to change the names of certain per-
sons therein named.
The following message was received from His Excellency the
Governor:
EXECUTIVE OFFICE,
TALLAHASSEE, Fla., Jan. 11, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly :
Sir : I have the honor to transmit for the information of the
Legislature a communication from the Secretary of the Florida
Railroad Company, relating to the law passed at the special
session. Respectfully, your obedient servant,
HARRISON REED, Governor.
Which was read, and on motion of Mr. Walker the message
and accompanying documents were referred to Committee on
Railroads.
ORDERS OF THE DAY.

A joint resolution to revoke so much of the appropriation for
contingent fund for the Governor as remains unexpended,
Was read first time, and on motion referred to Committee on
Finance and Taxation.
Bill No. 8:
A bill to be entitled An Act to repeal the thirty-first section
of An Act in relation to Jurors,
Was read the second time.
The substitute offered by Committee on the Judiciary was
read and adopted.
Mr. Oliver moved to waive the rules, and the bill be read the
third time;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bostick, Bradwell, Cheshire, Cruce,
Filer, Forward, Fortune, Green of Baker, Green of Manatee,
Greeno, Hill, Hodges, Keene, Lee, McAuley, McKinnon, Mc-
Millin, Melvin, Moore of Columbia, Oliver, Pittman, Powell,
Raney, Smith, Stewart, Urquhart, Varnum, Walker, Watson,
and White-31.
Nays-Messrs. Black, Cox, DeLaney, Erwin, Graham, Har-
man, Harris, Mills, Osgood, Pons, Robinson, Scott, Simpson,
Thompson, and Wells-15.

48

Rules suspended, the bill read the third time, and put upon its
passage.
The vote was:
Yeas-Messrs. Butler, Bostick, Bradwell, Black, Cheshire,
Cox, Cruce, DeLaney, Erwin, Filer, Forward, Fortune, Graham,
Green of Baker, Green of Manatee, Greeno, Harman, Hill,
Hodges, Keene, Lee, McAuley, McKinnon, McMillin, Mills, Mel-
vin, Moore of Columbia, Oliver, Osgood, Pittman, Pons, Powell,
Raney, Robinson, Scott, Simpson, Smith, Stewart, Thompson,
Urquhart, Varnum, Walker, Watson, Wells, and White-45.
Nays-Mr. Harris-1.
Bill passed.
The following message was received from the Senate :
SENATE CHAMBER,
TALLAHASSEE, Fla., Jan. 11, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
SIn: I am directed by the Senate to inform your honorable
body that the Senate has adopted the following:
Joint resolution relative to appointing a intin nt committee of
both H-ouses, to examine the books and accounts of the offices of
Comptroller and Treasurer; also
Joint resolution relative to appointing a joint committee of
both Houses on Appropriations.
I have the honor to be, very respectfully,
CHILES MUNDEE, Secretary.
Which was read, and the resolutions placed among the orders
of the day.
On motion of Mr. Butler of Escambia, the Assembly adjourt-
ed until to-morrow morning, ten o'clock.

THURSDAY, January 13, 1870.

The Assembly met pursuant to adjournment.
The roll was called, and the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bogue, Bostick, Bradwell, Black,
Cheshire, Cox, Cruce, DeLaney, Erwin, Forward, Fortune,
Graham, Green of Baker, Green of Manatee, Harris, Hill, Hodges,
Keene, McAuley, McMillin, Melvin, Mills. Moore of Columbia,
Moore of Hillsborough, Oliver, Osgood, Pittman, Pons, Powell,
Robinson, Scott, Simpson, Smith, Stewart, Varnum, Walker,
Watson and Wells.
A quorum present.
Prayer by the Chaplain.

On motion of Mr. Osgood the further reading of yesterday's
journal was dispensed with and the journal approved.
On motion of Mr. Graham, Mr. Thompson, of Jefferson, was
excused from attendance on the Assembly to-day.
Mr. McKinnon was also excused from attendance on the
morning sessions.
On motion of Mr. Moore of Columbia, the Assistant Sergeant-
at-Arms was excused until Monday morning next.
The following communication was received:
TALLAHASSEE, Fla., January 13, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly I
SIn: The ladies of the Presbyterian church desire to return
you their thanks for the use of the Assembly Hall; and to the
members of the Legislature, for their kindness and liberal pat-
ronage, their grateful acknowledgment.
Very respectfully,
W. R. VILSON2,
P. B. BroKAw,
GEO. W. SCOTT,
For the ladies.
Which was read, and on motion of Mr. Scott ordered to be
spread upon the journal.
Resolution offered by Mr. Hodges, of Duval:
Resolved by the Assembly, That during the remainder of this
session, the use of the Assembly Hall shall not be granted for
any purpose not properly belonging to the business of the Leg-
islature;
Which was read.
Mr. Bogue moved to lay on the table.
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Butler, Bogue, Bradwell, Cheshire, Cox, DeLa-
ney, Forward, Fortune, Graham, Harman, Harris, Hill, Keene,
McAuley, Melvin, Moore of Columbia, Moore of Hillsborough,
Oliver, Pittman, Pons, Scott, Smith, Stewart, Varnum, Wells,
and White-26.
Nays-Mr. Speaker, Messrs. Bostick, Black, Cruce, Erwin,
Green of Manatee, Hodges, IMMcillin, Mills, Osgood, Powell,
Robinson, Simpson, Walker, and Watson-15.
Agreed to.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, Fla., January 13, 1870.
Hon. M. L. STEARNWg Speaker of the Assembly:
Sin: I am directed by the Senate to inform your honorable
4

50

body that the Senate has adopted the following, and requests
the concurrence of your honorable body thereto:
Joint resolution relative to Township Maps.
I have the honor to be, very respectfully,
CHARLES MUNDEE, Secretary.

Which was read, and the resolution placed among the orders
of the day.
COMMITTEE REPORT.

To Hon. M. L. STEARNS, Speaker of the Assembly:
The Committee on Finance and Revenue having had under
consideration Assembly Bill No. 11, An Act repealing section
fourteen of An Act, approved June 24, 1869, prescribing the
assessment and collection of Revenue, we, your committee,
respectfully recommend the passage of said bill.
E. J. HARIms, Chairman.
JAs. D. GREEN,
AMos CHESHIRE.

Which was read, and the bill placed among the orders of the
day.
ORDERS OF THE DAY.
Bill No. 6 :
A bill to be entitled An Act to amend the first and second
sections of An Act to Provide for the Registration of Elec-
tors and the Holding of Elections, approved August 6, 1868, so
as to provide for the Election of Representatives in Congress ;
Was read the third time and put upon its passage.
The vote was:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Black, Cox,
Cruce, DeLaney, Erwin, Forward, Fortune, Graham, Green of
Baker, Green of Manatee, Greeno, Harman, Harris, Hill, Hodges,
Keene, McAuley, McMillin, Melvin, Moore of Columbia, Moore
of Hillsborough, Oliver, Osgood, Pittman, Pons, Powell, Rob-
inson, Scott, Simpson, Smith, Stewart, Urquhart, Varnum,
Walker, Watson, Wells, and White-41.
Nays-None.
Bill passed.
Senate joint resolution relative to Township Maps,
Was read, and on motion of Mr. Butler, concurred in.
Senate joint resolution relative to appointing joint commit-
tee from both I-ouses on Appropriations,
Was read and concurred in.
Senate joint resolution relative to appointing a committee to

examine the books and accounts of the offices of Comptroller
and Treasurer,
Was read and concurred in.
Under a suspension of the rules, the following bills were in-
troduced:
By Mr. Harmon, of Alachua :
A bill to be entitled An Act to amend An Act entitled An
Act for the Assessment and Collection of Revenue.
By Mr. Pons, of Escambia:
A bill to be entitled An Act for the Protection of Citizens
travelling on Public Conveyances;
Which were received and placed among the orders of the
day.
A bill to be entitled An Act repealing section fourteen of An
Act, approved June 24, 1869, providing for the Assessment and
Collection of Revenue,
Was read the second time, and on motion of Mr. Walker of
Leon, recommitted to Committee on Finance and Taxation.
Bill No. 15:
A bill to be entitled An Act to amend An Act entitled An
Act for the Assessment and Collection of Revenue,
Was read and referred to the Committee on Finance and
Taxation.
Bill No. 12:
A bill to be entitled An Act to change the name of William
Henry French to that of William Henry Brett,
Was read the second time.
Under a suspension of the rule, Mr. Scott of Duval, made the
following motion:
That all applications relative to the change of names be re-
ferred to a select committee of five, to be appointed by the
chair, and that they be instructed to report a bill;
Which was agreed to, and the following were appointed said
committee:
Messrs. Scott, Harris, Harmon, Walker and Forward.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, Fla., January 13, 1870.
Hox. M. L. STEARNS, Speaker of the Assembly:
Sir: I am directed by the Senate to inform your honorable
body that the Senate has passed Senate Bill No. 3, entitled An
Act relating to Cities;
Also, Senate Bill No. 6, entitled An Act to amend An Act
entitled An Act for the Assessment and Collection of Revenue.
I have the honor to be, very respectfully,
CHARLES MUNDEE, Secretary.

52

Which was read and the bills placed among the orders of the
days.
Senate bill No. 6, to amend An Act for the Assessment and
Collection of Revenue,
Was read the first time and referred to the Committee on
Finance and Taxation.
Bill No. 16:
A bill to be entitled An Act for the Protection of Citizens
travelling on Public Conveyances,
Was read the first time, and, on motion, referred to the Com-
mittee on Railroads.
Bill No. 14:
A bill to be entitled An Act in relation to Mortgages,
Was read the second time.
Mr. Walker moved to lay on the table;
Which was not agreed to.
Mr. Fortune moved to indefinitely postpone said bill;
Which was not agreed to.
The bill ordered engrossed for a third reading on to-morrow.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, Fla., January 13, 1870.
HoN. M. L. STEARNS, Speaker of the Assembly:
SIr: I am directed by the Senate to inform your honorable
body that the Senate has adopted Assembly Joint Resolution
for the relief of Irene Jenkins, of Manatee county.
I have the honor to be, very respectfully,
CHARLES MUNDEE, Secretary.
Which was read.
Mr. Green of Manatee, moved that the rule be waived and
the Joint Resolution for the relief of Irene Jenkins be certified
to the Pardoning Board instanter, accompanied by a report of
the Clerk, showing the vote of each House on the passage of
the resolution in question;
Which was agreed to.
Senate Bill No. 3:
To be entitled An Act Relative to Cities,
Was read first time and referred to Committee on City and
County Organizations.
Under a suspension of the rules Mr. Watson of Volusia, in-
troduced a Bill to be entitled An Act to Fix and Define the
Boundary Lines of Volusia County;
Which was read first time and referred to Committee on City
and County Organizations.
The following report was received :

53

COMMITTEE REPORT.

COMMrITTEE RooM, January 13, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sin: Your Committee on Finance and Taxation, to whom was
referred Assembly Bill No. 11, and Senate Bill No. 6, beg leave
to recommend Senate Bill No. 6 as a substitute for Assembly
Bill No. 11, and recommend its passage.
E. J. HARRIs, Chairman,
JAS. P. GREEN,
AMos CHESHIRE.
The bill was placed among the orders of the day.
Senate Bill No. 6, to be entitled An Act to Amend An Act
entitled An Act for the Assessment and Collection of Revenue,
Was read second time.
Under a suspension of the rules, read the third time and put
upon its passage.
The vote was:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Black,
Cox, Cruce, DeLaney, Erwin, Forward, Fortune, Graham,
Green of Baker, Green of Manatee, Greeno, Harman, Harris,
Hill, Hodges, Keene, Lee, McMillin, Mills, Moore of Columbia,
Moore of Hillsborough, Oliver, Osgood, Pons, Powell, Robin-
son, Scott, Simpson, Smith, Stewart, Urquhart, Varnum, Walker,
Watson, Wells and White-40.
Nays-Messrs. McAuley, Melvin and Pittman-3.
Bill passed.
On motion of Mr. Varnum, of Escambia, the Assembly ad-
journed until to-morrow morning, ten o'clock.

FRIDAY, January 14, 1870.

The Assembly met pursuant to adjournment.
The roll was called and the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bogue, Bostwick, Bradwell, Black,
Cheshire, Cox, Cruce, Delaney, Erwin, Forward, Fortune, Gra-
ham, Green of Baker, Green of Manatee, Greeno, Harman, Har-
ris, Hill, Hodges, Keene, McAuley, McKinnon, McMillin, Mel-
vin, Mills, Moore of Columbia, Moore of Hillsborough, Oliver,
Osgood, Pittman, Pons, Powell, Raney, Rodgers, Scott, Simp-
son, Smith, Stewart, Thompson, Urquhart, Varnum, Walker,
Watson, Wells, and White-47.
A quorum present.

54

Prayer by the Chaplain.
On motion of Mr. Cruce the further reading of yesterday's
journal was dispensed with.
There being no corrections the journal stands approved.
On motion of Mr. Green, of Manatee, Samuel J. Pearce, mem-
ber elect from Hernando county, came forward, presented his
credentials, and was sworn in by the chief clerk.
On motion of Mr. Scott, Messrs. Hodges, Watson and Moore
of Hillsborough, were excused from attendance on the Assem-
bly until Monday morning, the 17th inst.
Mr. Butler moved to adjourn until Monday morning, ten
o'clock.
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bradwell, Black, Erwin, Green of
Manatee, Harman, Hodges, McMillin, Melvin, Powell, Urquhart,
and Varnum-12.
Nays-Messrs. Bogue, Bostick, Cheshire, Cox, Cruce, DeLa-
ney, Forward, Fortune, Graham, Green of Baker, Greeno, Har-
ris, Hill, McAuley, McKinnon, Mills, Moore of Columbia, Oliver,
Osgood, Pittman, Pons, Raney, Scott, Simpson, Smith, Stewart,
Thompson, Walker, Wells and White-30.
The Assembly refused to adjourn.
Mr. Rodgers, of Levy county, rendered an excuse for his non-
attendance on the Assembly, (which was sickness in his family)
and on motion of Mr. Walker, of Leon, was excused.
The following message was received from the Senate :
SENATE CHAMBER,
TALLAHASSEE, Fla., January 13, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly :
Sin : I am directed by the Senate to inform your honorable
body that the Senate has passed the following :
Senate bill No. 7, "An Act to incorporate the East Florida
Land Company," and has adopted Senate Memorial, No. 4, "For
the establishment of a mail route from Tampa to Fort Harri-
son." I have the honor to bie, very respectfully,
"CHARLES IMUNDEE, Sec'y.
Which was read.
The Bill and Memorial placed among the orders of the day.

COMMITTEE REPORT.

TALLAHASSEE, Fla., January 14, 1870.
Hon. M. L. STEAHNS, Speaker of the Assembly:
SI : The Committee on Engrossed Bills beg leave to report

55

as correctly engrossed, Assembly Bill No. 14, entitled An Act
in relation to Mortgages. Respectfully,
E. FORTUNE, Chairman.
Was read.
ORDERS OF THE DAY.

On motion of Mr. Green, of Manatee, joint resolution crea-
ting a boiler inspector in East Florida, was taken from the table
and referred to a select committee consisting of Messrs. Green
of Manatee, Bostick, Black, Powell, and Hodges.
Senate bill No.7 :
To be entitled An Act to incorporate the East Florida Land
company,
Was read first time.
Mr. Greeno moved to waive the rule and read the bill the
second time;
Which motion was lost.
On motion of Mr. Varnum the bill was referred to Committee
on Corporations.
Senate Memorial for the Establishment of a Mail Route from
Tampa to Fort Harison,
Was read, the Memorial concurred in and the Resolution
adopted.
Under a suspension of the rules Mr. Black introduced the fol-
lowing:
A bill to be entitled An Act for the relief of Romeo Doyle and
Nelly Doyle;
Which was received and placed among the orders of the day.
Bill No. 14:
A bill to be entitled An Act in Relation to Mortgages,
Was read the third time.
Mr. Raney of Franklin, moved to indefinitely postpone the
:bill ;
Which was not agreed to.
The bill was put upon its passage.
The vote was:
Yeas-Messrs. Graham, Greeno, Pons, Robinson, Varnum, and
Walker-6.
Nays-Messrs. Butler, Bostick, Bradwell, Black, Cheshire,
Cox, Cruce, DeLaney, Forward, Fortune, Green of Baker, Green
of Manatee, Harman, Harris, Hill, Hodges, McAuley, McKinnon,
McMillin, Melvin, Mills, Moore of Columbia, Moore of Hillsbo-
rough, Oliver, Osgood, Pearce, Pittman, Raney, Rodgers, Scott,
Simpson, Smith, Stewart, Thompson, Urquhart, Watson, Wells
_and White-38.
The bill was lost.
Bill No. 18:

A bill to be entitled An Act to Change the Name of Roaeo
Doyle and Nelly Doyle to Romeo Reddick and Nelly Reddick,
and for other purposes,
Was read first time and referred to the appropriate commit-
tee.
Pursuant to the resolution offered by Mr. Harris, adopted on
Tuesday, the 11th inst., the Speaker announced the following
reference of the several portions of the Message of his Excellency,
the Governor:
So much as relates to State Finances, be referred to the Com-
mittee on Finance and Taxation.
So much as relates to immigration, to the Agricultural Col-
lege, and to the State Agricuultural Society, be referred to the
Committee on Agriculture.
So much as relates to Public Lands, be referred to the Com-
mittee on Public Lands.
So much as relates to Schools, be referred to the Committee
on Education.
So much as relates to the Penitentiary, to the State Capitol,
to provision for the destitute, and the United States Reserva-
tions, be referred to the Committee on State Institutions.
So much as relates to the amendment to the Constitution, be
referred to the Joint Select Committee on Constitutional Amend-
ments.
So much as relates to the repeal of the Internal Improvement
Law and the Digest and Code of Laws, be referred to the Com-
mittee on the Judiciary.
So much as relates to State Arms and Militia, be referred to
the Committee on Militia.
So much as relates to railroads, be referred to the Com-
mittee on Railroads.
So much as relates to the Union Bank, be referred to the
Committee on Corporations.
Pursuant to Senate Joint Resolutions adopted on yesterday,
the Speaker appointed the following Joint Committees:
On Appropriations :
MEssRs. WALKER of Leon, WATSON of Yolusia,
PEARCE of Hernando, FORTUNE of Jackson.
To examine the Books of the Comptroller and State Treasury:
MEssRs. HARRIS of Marion, HILL of Gadsden,
McKINNON of Walton, VARNUM of Escambia.
Mr. Scott gave notice that he would on to-morrow, or some.
future day, introduce a bill to be entitled An Act to incorporate
the St. James Hotel Company.

57

On motion of Mr. Oliver of Bradford, the Assembly took a
recess until 4 o'clock this afternoon.

FOUR O'CLOCK P. M.

The Assembly resumed its session.
A quorum present.
The following message was received from the Senate:
SENATE CHAMBE3E,
TALLAHASSEE, Fla., January 13, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sir.: I am directed by the Senate to inform your honorable
body that the Senate has adopted Senate Joint Resolution rela-
tive to printing five hundred copies of the Governor's Message,
together with the Reports of Comptroller and Treasurer; also,
Senate Memorial to Congress, relative to extending Postal
Route No. 6,410 from Camp Izard, Marion county, to Crystal
River, Hernando County, and request the concurrence of the
Assembly in the above.
I have the honor to be, very respectfully,
CHAnLEs MUNDEE, Secretary.
Which was read, and the Resolution and Memorial placed
among the orders of the day.
Under a suspension of the rule Mr. Oliver, of Bradford, pre-
sented a Memorial from numerous citizens of Alachua county,
and introduced a bill in connection with said Memorial, to be
entitled An Act to Alter and Define the boundary line between
the counties of Alachua and Bradford;
Which were read first time, and referred to Committee on
City and County Organizations.
Senate Joint Resolution relative to printing five hundred
copies of the Governor's Message, together with Reports of
Comptroller and Treasurer,
Was read first time.
Mr. Bostick moved that the report of the Superintendent of
Public Instruction be added after the word "Treasurer;"
Which was agreed to, and the resolution adopted as amended.
"Under a suspension of the rule Mr. Green, of Manatee, intro-
duced a bill to be entitled An Act for the Relief of George J.
Arnow, late Solicitor of the Suwannee circuit of Florida;
Which was read first time, and referred to Committee on Claims.
Mr. Osgood moved to adjourn until Monday morning ten
o'clock;

58

Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Bradwell, Green of Manatee, Mills, Moore of
Hillsborough, Osgood, Pearce, and Watson-7.
Nays-Messrs. Butler, Bostick, Black, Cheshire, Cox, Cruce,
DeLaney, Forward, Fortune, Graham, Greeno, Harman, Harris,
Hill, Hodges, McAuley, McMillin, Moore of Columbia, Oliver,
Pittman, Pons, Raney, Rodgers, Scott, Simpson, Smith, Stewart,
Thompson, Urquhart, Varnum, Walker, Wells, and White-33.
Motion lost.
Under a suspension of the rule, the following bills were intro-
duced:
By Mr. Varnum, of Escambia:
A bill to be entitled An Act relating to the Competency of
Judges in certain cases.
By Mr. Green, of Manatee:
A bill to be entitled An Act to repeal An Act entitled An
Act to provide for and encourage a liberal system of Internal
Improvements in this State, approved January 6, 1855.
Mr. Osgood, of Madison, moved to adjourn until half-past nine
o'clock, Monday morning;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Bogue, Black, Forward, Harman, Hill, Hodges,
Melvin, Mills, Moore of Columbia, Moore of Hillsborough, Os-
good, Pearce, Urquhart, and Watson-14.
Nays-Messrs. Butler, Bostick, Cox, Cruce, DeLaney, For-
tune, Graham, Green of Manatee, Greeno, Harris, McAuley, Mc-
Millin, Oliver, Pittman, Pons, Raney, Rodgers, Scott, Simpson,
Smith, Stewart, Thompson, Varnum, Walker, Wells, and White-
20.
Motion lost.
Senate Memorial to Congress relative to extending Postal
Route No. 6,410, from Camp Izard, Marion county, to Crystal
River, Hernando county,
Was read and concurred in.
On motion of Mr. Pons, of Escambia, the Assembly adjourned
until to-morrow morning, 10 o'clock.

SATURDAY, January 15, 1870.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
S Mr. Speaker, Messrs. Butler, Bogue, Bostick, Bradwell,
Black, Cheshire, Cox, Cruce, DeLaney, Erwin, Filer, Forward,

Fortune, Green of Baker, Green of Manatee, Greeno, Harman,
Harris, Hill, Keene, McAuley, McKinnon, McMillin, Moore of Co-
lumbia, Oliver, Osgood, Pearce, Pittman, Pons, Powell, Raney,
Robinson, Rodgers, Scott, Simpson, Smith, Stewart, Stone,
Thompson, Varnum, and Walker-42.
A quorum present.
Prayer by the chaplain.
On motion of Mr. Osgood the reading of yesterday's journal
was dispensed with.
The journal corrected and approved.
On motion of Mr. Bostick, Mr. Melvin, of Washington, was
excused from attendance on the Assembly to-day.
The following bills were introduced:
By Mr. Butler, of Escambia:
SA bill to be entitled An Act to aid and assist persons to ob-
tain credit, and to secure the Factor, Merchant, or Lender.
By Mr. Scott:
A bill to be entitled An Act to incorporate the St. James
Hotel Company.
By Mr. Moore, of Columbia:
A bill to be entitled An Act for the relief of Tax Assessors.
By Mr. Harris:
A bill to be entitled An Act to compensate Tax Assessors for
enrolling the Militia;
Which were received and placed among the orders of the day.

COMMITTEE REPORTS.

Hon. M. L. STEARNS, Speaker of the Assembly:
The Committee on Claims, to which was referred the Petition
of Elizabeth L. McLean, beg leave to report that they have ex-
amined the Petition, and recommend that it does not pass.
JOHN W. BUTLER, Chairman,
JOSEPH A. LEE,
F. N. B. OLIVER,
NoAH GRAHAM,
A. MILLS.

Was read, and on motion of Mr. Oliver, the bill recommitted.

MAJORITY REPORT.
COMMITTEE RooM,
TALLAHASSEE, Fla., Jan. 6, 180.
Hon. M. L. STEARNS, Speaker of the Assembly:
SIR: The Committee on Railroads, to whom was referred As-

60

sembly Bill No. 16, beg leave to report that they have had the
same under consideration, and recommend its passage.
Respectfully,
JOHN VARNUM, Chairman,
E. J. HAnRIS,
FREDERICK HILL.

MINORITY REPORT.
Hon. M. L. STEARNS, Speaker of Assembly:
SIR : The undersigned members of the Committee on Railroads
having considered Assembly Bill No. 16, a bill to be entitled
An Act for the Protection of citizens travelling on Public Con-
veyances, respectfully recommend that it do not pass. The bill
agitates a subject which should be left at rest, and proposes leg-
islation wholly unnecessary and incapable of producing good.
We cannot refrain from expressing the hope that the matter"
will not be introduced again as a subject for legislation.
T. H. PITMAN,
AMAos CI-IESHIRIE.
Were read.
Mr. Osgood moved that the majority report be concurred in.
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Black, Cox, Cruce, DeLaney,
Erwin, Fortune, Graham, Green of Baker, Greeno, Harman,
Harris, Hill, McMillin, Moore of Columbia, Osgood, Pons, Pow-
ell, Robinson, Scott, Simpson, Thompson, Varnum, Walker, and
Wells-26.
Nays-Messrs. Bostick, Cheshire, Filer, Forward, Keene, Mc-
Auley, McKinnon, Oliver, Pittman, Pearce, Raney, Rodgers,
Smith, Stewart, Stone, Urquhart, and White-1'7.
Agreed to.
Under a suspension of the rule, Mr. Harmon, of Alachua, of-
fered the following:
Resolved, That the committee appointed to investigate the
matter in reference to Township Maps be allowed to take testi-
mony under oath, and to send for persons and papers;
Which was read and adopted.

JOINT SELECT COMMITTEE REPORT.
To Hon. M. L. STEARNS, Speaker of the Assembly:
The undersigned, members of the Joint Committee on Con-
stitutional Amendments, appointed last June, under a resolution
of the Legislature, beg to report the Amendments to the Consti-

61

tution of Florida, embodied in the accompanying Joint Resolu-
tion, and respectfully-recommend that they pass.
W. T. WEEKS,
GEO. E. WENTWORTH,
Committee of Senate.
SAMUEL WALKER,
GEORGE P. RANEY,
VWM. B. WHITE,
HARRY S. HARMON,
Committee of Assembly.
GEO.. WENTWORTH,
Chairman Joint Committee.
Resolved by the Senate and Assembly of the State of Florida,
That the following Amendments to the Constitution of said
State be, and the same are hereby, proposed and agreed to:
ARTICLE I.
The salary of the Governor of the State shall be three thou-
sand five hundred dollars per annum; that of each Justice of
the Supreme Court shall be three thousand dollars; that of each
Judge of the Circuit Courts shall be two thousand five hundred
dollars; that of each Cabinet officer shall be two thousand dol-
lars; that of the Lieutenant-Governor shall be five hundred dol-
lars, and he shall receive the same mileage as a member of the
Legislature. The pay of members of the Legislature shall be a
per diem, to be fixed by law, for each day's actual attendance,
and in addition thereto, ten cents per mile for travelling ex-
penses, for each mile from their respective places of residence
to the capital, estimated by the shortest general thoroughfare,
and the same to return. All other officers of the State shall be
paid by fees or per diem, fixed by law. No Legislature shall
increase its own pay.
ARTICLE II.

The several members of the Cabinet of Administrative Offi-
cers shall be elected by the people.
ARTICLE III.
The sixth and seventh Judicial Districts are hereby abolished,
and the limits of the first, second, third, fourth and fifth Judi-
cial Districts shall be defined by law.
ARTICLE IV.
The offices of Surveyor-General and Commissioner of Immi-

62

gration are hereby consolidated under the name of Commis-
sioner of Lands and Immigration.

ARTICLE V.

The office of Adjutant-General is hereby abolished.

ARTICLE VI.

The thirteenth section of the sixth Article of the Constitution
is hereby abrogated.

ARTICLE VII.

The twenty-seventh section of the sixteenth Article of the
Constitution is hereby abrogated.

ARTICLE VIII.

The number of the Terms of the Supreme Court and the time
of holding the same slall be fixed by law.

ARTICLE IX.
The Legislature shall have power to prescribe regulations for
calling in to the Supreme Court a Judge of the Circuit Court,
to hear and determine any matter pending before the court, in
the place of any Justice thereof who shall be disqualified or dis-
abled in such case from interest or other cause.
Was read, and the resolution placed amongthe orders of the day.
Mr. Walker moved that the Constitutional Amendments re-
ported by the Joint Select Committee be printed in the journal
with the report of the committee.
Agreed to.
On motion of Mr. White, so much of the Governor's Message
as relates to Fisheries was referred to select committee, consist-
ing of Messrs. White of Clay, Filer of Monroe, Scott of Duval,
Keene of Lafayette, and Pearce of Hernando.

ORDERS OF THE DAY.
Bill No. 21:
A bill to be entitled An Act relating to Competency of Judges
in certain cases,
Was read first time, and referred to Committee on the Judi-
ciary.

63

Bill No. 22:
A bill to be entitled An Act to repeal An Act entitled An
Act to provide for and encourage a liberal system of Internal
Improvements in this State, approved January 6, 1855,
Was read first time, and referred to Judiciary Committee.
Bill No. 23:
A bill to be entitled An Act to aid and assist persons to ob-
tain credits, and to secure the Factor, Merchant or Lender,
Was read the first time, and referred to Judiciary Committee.
Bill No. 24:
A bill to be entitled An Act to Incorporate the St. James
Hotel Company,
Was read first time, and referred to Committee on Corpora-
tions.
Bill No. 25:
A bill to be entitled An Act for the Relief of Tax Assessors,
Was read first time, and referred to Committee on Finance
and Taxation.
Bill No. 26:
A bill to be entitled An Act to Compensate Tax Assessors for
Enrolling the Militia,
Was read first time, and referred to Committee on Finance
and Taxation.
Bill No. 16:
A bill to be entitled An Act for the Protection of Citizens
Travelling on Public Conveyances,
Was read the second time.
Mr. Simpson offered the following amendment:
SEC. 1. That it shall be unlawful for any captain, master, or
other officer, having charge of any steamboat, sailing vessel, or
other craft, plying upon any of the waters of this State, as a com-
mon carrier, or for the conductor of any railroad, or other pub-
lic conveyance, to refuse the benefits of first-class passage on
any of the aforesaid means of conveyance that may be under
his comnnand to any person or persons on account of race or
color; and any person so offending shall be liable for damages
to the person aggrieved before any court of competent jurisdic-
tion within this State; Provided, That nothing in this act shall
be so construed as to prevent any of said officers from removing
any drunken or disorderly person or persons, or those who are
uncleanly in their persons or habits;
Which was concurred in, and the bill as amended ordered en-
grossed for a third reading on Monday.
Resolution No. 4:

64

Joint Resolution proposing Amendments to the State Consti-
tution,
Was read first time..
Under a suspension of the rules Mr. Oliver, of Bradford, offer-
ed the following :
Joint Resolution in reference to the Establishment of a Mail
Route from Starke, in Bradford county, to Lake City, in Colum-
bia county, Florida;
Which was read and adopted.

COMMITTEE REPORT.

COMMITTEE ROOM, January 15, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Your committee, to whom was referred a bill to be entitled
An Act to alter and define the Boundary Line between the
Counties of Alachua and Bradford, have had the same under con-
sideration, and beg leave to recommend the accompanying bill
as a substitute. It appears from a petition accompanying the
bill, that it is almost the unanimous wish of the citizens of the
section proposed to be annexed to Bradford, to have the line
changed, and we know of no reason why their wishes should be
denied. Especially are we inclined to favor the bill when we
are credibly informed that it will shorten the travel of said citi-
zens to their county site from twenty-eight to twelve miles.
Very respectfully,
D. L. McKINNoN,
Chairman Committee on City and County Organizations.

Was-read.
The substitute offered by committee read.
Mr. Harman moved to lay the report, bill, and substitute upon
the table.
Upon which the yeas and nays were called for, and were:
Yeas-Mr. Speaker, Messrs. Bogue, Black,'Cox, DeLaney,
Forward, Fortune, Graham, Harman, Harris, Hill, Keene, Os-
good, Pittman, Pons, Robinson, Scott, Simpson, Thompson,
Walker, and Wells-21.
Nays-Messrs. Butler, Bostick, Cheshire, Cruce, Filer, Green
of Baker, Green of Manatee, McAuley, McKinnon, McMillin,
Moore of Columbia, Oliver, Raney, Rodgers, Smith, Stewart,
Stone, Urquhart, Varnum, and White-20.
Motion agreed to.
On motion of Mr. Bogue, of Madison, the Assembly adjourned
until ten o'clock Monday morning.

65

MONDAY, January 17, 1870.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names :
Mr. Speaker, Messrs. Butler, Bogue, Bostick, Bradwell, Black,
Cheshire, Cox, Cruce, DeLaney, Filer, Forward, Fortune, Gra-
ham, Green of Baker, Green of Manatee, Greeno, Harman, Har-
ris, Hodges, Keene, Lee, McAuley, McMillin, Melvin, Mills,
Moore of Columbia, Oliver, Osgood, Pearce, Pittman, Pons,
Powell, Raney, Robinson, Rodgers, Scott, Simpson, Smith,
Stewart, Stone, Thompson, Varnum, Walker, Watson, W\ells,
and White.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Cruce the reading of Saturday's journal
was dispensed with. The journal corrected and approved.
Mr. Scott moved to enforce rule 22 of the Assembly-which
reads thus: No member shall be obliged to be on morelthan two
committees at the same time, nor chairman of more than one."
Therefore resolved, That the name of Mr. S. J. Pearce be in-
serted as chairman of the Committee on Privileges and Elec-
tions instead of that of Mr. Walker.
Which on motion was laid on the table.
Mr. Keene, of La Fayette, moved to reconsider the vote taken
on Saturday upon Assembly Bill No. 19, relative to changing
the boundary line between the counties of Bradford and
Alachua ;
Which was placed first among the orders of the day for to-
morrow.
Mr. Watson, of Volusia, offered a Memorial and Resolution
relative to a Light House and Buoys at Musquito Inlet;
Which was read, and placed among the orders of the day.
Mr. Raney, of Franklin, offered the following:
Resolved by the Assembly, That the ladies of the Episcopal
Church of Tallahassee be allowed the use of the Assembly Hall
Tuesday and Wednesday evenings of this week;
Which, on motion of 1Mr. Green, of Manatee, was adopted.

COMMITTEE REPORTS.

Hon. M. L. STEARNS, Speaker of the Assembly:
SIn: Your Committee on Claims, to whom was referred a bill
5

66

for the relief of George J. Arnow for services rendered the-
State, recommend the passage of said bill.
Joux AV. BUTLE,, Chairman,
JOSEPH LEE,
F. N. B. OuvmE,
A. MILLS,
NoAII GEAAIm.

Was read, and the bill placed among the orders of the day.
TALLATJIASSEr Fla., January 17, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sin: Your Committee on Engrossed Bills beg leave to report
as correctly engrossed Assembly Bill No. 16, a bill to be entitled
An Act for the Protection of Citizens Travelling on Public Con-
veyances. Respectfully,
E. FORTUNE, Chairman.

Was read, and the bill placed among the orders of the day.

COMMITTEE RooM, January 17, 1870.
Hon. N. L. STEARNS, Speaker of the Assmbly:
The select committee, to whom was referred Assembly Bills
Nos. 12 and 18, An Act entitled An Act to change the names
of certain Persons therein named, have had the same under con-
sideration, and we recommend the adoption of the following sub-
stitute for the same:
A bill to be entitled An Act Prescribing the Manner of
Changing the Names of Parties in this State.
All of which is very respectfully submitted.
JoHN R. ScoTT, Chairman,
H. S. HARMON,
E. J. HAimIs,
SAMUEL WALKER,
H. H. FORvWARD.

Was read, and the bill placed among the orders of the day.

Hon. M. L. STEAR-S, Speaker of the Assembly:
SIR: Your Committee on Finance and Taxation, to whom
was referred a bill to be entitled An Act for the Payment of
Tax Assessors for Enrolling the Militia of this State, beg leave
to report that they have had the same under consideration, and
recommend its passage.
E. J. I-IHrdeIS, Chairman.

Was read, and the bill placed among the orders of the day.

67

ORDERS OF THE DAY.

Memorial and Resolution for Light House and Buoys at Mus-
quito Inlet,
Was read, and on motion of Mr. Oliver was adopted.
Assembly Bill No. 20:
A bill to be entitled An Act for the Relief of George J. Ar-
now, late Solicitor of the Suwannee Circuit of Florida,
Was read second time and ordered engrossed.
Assembly Bill No. 26:
A bill to Compensate Tax Assessors for Enrolling the Militia,
Was read second time.
Mr. Moore, of Columbia, offered the following amendment:
To strike out "five cents" and insert "twenty-five cents;"
Which on motion of Mr. Simpson was laid on the table, and
the bill ordered engrossed for a third reading to-morrow.
Under a suspension of the rules, Mr. Harris offered the fol-
lowing :
Assembly Bill No. 27:
To be entitled An Act to Repeal An Act allowing the voters
of the several counties in this State to locate their respective
county sites;
Which was placed among the orders of the day.
Assembly Bills Nos. 12 and 18:
To change the names of certain persons therein mentioned,
Were read second time.
Mr. Harris moved to adopt the substitute offered by the se-
lect committee on changing names;
Which was not agreed to.
On motion of Mr. Harmon, of Alachua, the bills and substi-
tute were made the special order of Wednesday next.
Assembly Bill No. 16:
A bill to be entitled An Act for the Protection of Citizens
travelling on Public Conveyances,
Was read third time, and put upon its passage.
The vote was:
Yeas-Messrs. Bogaue, Black, Cox, DeLaney, Fortune, Gra-
ham, Greeno, Harmon, Harris, Hill, Hodges, Mills, Osgood,
Pons, Powell, Robinson, Scott, Simpson, Thompson, Varnum,
Walker, and Wells-22.
Nays-Messrs. Bostick, Bradwell, Cheshire, Cruce, Filer, For-
ward, Green of Baker, Green of Manatee, Keene, Lee, McAuley,
McKinnon, Melvin, Moore of Columbia, Oliver, Pittman, Raney,
Rodgers, Smith, Steart, Steart Urquhart, Watson, and White-
24.

68

So the bill was lost.
Mr. McKinnon moved to reconsider the vote just taken.
Mr. Watson moved to lay the motion to reconsider on the
table.
The yeas and nays were called for.
The vote was:
Yeas-Mr. Speaker, Messrs. Bostick, Bradwell, Cheshire,
Cruce, Filer, Forward, Keene, Lee, McAuley, McKinnon, Mel-
vin, Oliver, Pittman, Powell, Raney, Rodgers, Smith, Stewart,
Stone, Urquhart, Varnum, Watson, and WVhite-24.
Nays-Messrs. Bogue, Black, Cox, DeLaney, Fortune, Gra-
ham, Green of Baker, Green of Manatee, Greeno, Harmon, Har-
ris, Hill, Hodges, Mills, Moore of Columbia. Osgood, Pons,
Robinson, Scott, Simpson, Thompson, Walker, and Wells-23.
So the motion was laid on the table.
Rule suspended, the Committee on Corporations made the
following report:
The undersigned, members of the Committee on Corporations,
to whom was referred An Act to Incorporate the "East Florida
Land Company," having had the same under consideration, beg
leave to report the bill back to the House, and recommend its
passage. AUBurnTx Erwix,
ROBEjrT Cox,
W. W. MOONEo, Chairman.

Which was read, and the bill placed among the orders of the
day.
Assembly Bill No. 27:
A bill to be entitled An Act to repeal An Act allowing the
Voters of the several Counties in this State to Locate their re-
spective County Sites;
Which was read first time, and referred to Committee on
City and County Organizations.
Senate Bill No. 7:
A bill to be entitled An Act to Incorporate the East Florida
Land Company;
Which was read the second time.
Rule suspended, Mr. Harmon moved that the bill be read the
third time by sections;
Which was agreed to.
The preamble was read, and, on motion, was stricken out.
Mr. Scott moved to strike out the enacting clause.
Mr. Varnum moved to lay the motion on the table;
Which was not agreed to,
And the motion to strike out the enacting clause was agreed
to, and the bill indefinitely postponed.

On motion of Mr. Wells, of Leon, the House resolved itself
into a committee of the whole for the consideration of a Joint
Resolution proposing amendments to the Constitution.
Mr. Oliver of Bradford, in the chair.
After some time spent therein, the committee arose, and through
their chairman reported the bill back to the House, with amend-
ments.
Mr. Pearce moved that the report be received, and the pro-
posed amendments concurred in;
Which was not agreed to.
Mr. McKinnon offered the following:
ARTICLE X.
The Legislature shall have authority to change the boundary
lines of the State, so as to allow all that portion of the State
west of Chattahoochee river to be annexed to Alabama;
Which, on motion, was referred to Joint Select Committee on
Constitutional Amendments.
Mr. Harmon moved that further consideration of the report
be postponed until to-morrow morning;
Which was agreed to.
Rule suspended, Mr. Green, of Manatee, offered the follow-
ing:
Resolved, That in the opinion of the Senate and Assembly of
the State of Florida, the Trustees of the Internal Improve-
ment Fund of said State have no authority or legal right to
convey to the New York and Florida Lumber, Land, and Im-
provement Company, one million one hundred thousand acres
of the land of said Fund, at ten cents per acre, as said Trustees
allege they have done, or are about to do; and that anv such
conveyance is and would be utterly null and void.
Mr. Simpson moved to lay the resolution on the table.
The yeas and nays were called for, and were:
Yeas-Messrs. Black, DeLaney, Fortune, Graham, Harris,
Hill, Hodges, Mills, Pons, Simpson, and Thompson-11.
Nays-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Filer, Forward, Green of Baker, Green of Manatee,
Keene, Lee, McAuley, McKinnon, McMillin, Melvin, Moore of
Columbia, Moore of Hillsborough, Oliver, Osgood, Pearce, Pit-
man, Powell, Raney, Rodgers, Scott, Smith, Stewart, Stone,
Urquhart, Walker, Watson, Wells, and White-34.
So the motion was lost.
On motion, the resolution was referred to a select committee,
consisting of Messrs. Scott of Duval, Green of Manatee, Raney
of Franklin, Walker of Leon, and Forward of Putnam.

70

Mr. Raney offered the following:
-Resolved, That the Board of Trustees of the Internal Im-
provement Fund, be called upon to report to the Assembly im-
mediately what amount of land they have conveyed to the "New
York and Florida Lumber, Land, and Improvement Company,"
upon what terms and by what authority;
Which was adopted.
Mr. Moore of Columbia offered the following:
-.Resolcvd, That the Sergeant-at-Arms be instructed to furnish
each member of this House with a copy of the Daily Sentinel
and Floridian.
Mr. Watson moved to lay the resolution on the table.
The yeas and nays being called for, the vote was:
Yeas-Messrs. Cheshire, Filer, Forward, Green of Manatee,
Hill, McKinnon, McMillin, Moore of Hillsborough, Oliver, Os-
good, Raney, Stewart, Stone, Urquhart, Walker, Watson, and
White-17.
Nays-Messrs. Bogue, Bostick, Bradwell, Black, Cruce, De-
Laney, Fortune, Graham, Green of Baker, Harmon, Harris,
Keene, Hodges, Lee, McAuley, Melvin, Mills, Moore of Coluin ia,
Pitman, Pons, Robinson, Rodgers, Scott, Simpson, Smith, and
Wells-26.
Motion lost.
Mr. Scott offered the following amendment:
SAdd and that members pay for the same."
Mr. M7oore of Columbia moved to lay the amendment on the
table.
The yeas and nays being called for, the vote was:
Yeas-Messrs. Bogue, Bostick, Bradwell, Black, Cruce, De-
"Lanejy, Fortune, Graham, Green of Baker, Harris, Hodges,
Keene, Lee, McAuley, McMillin, Melvin, Moore of Columbia,
Osgood, Pitman, Pons, Simpson, Stone, Thompson, and Urqlu-
bart-24.
Nays-Messrs. Cheshire, Filer, Forward, Green of Manatee,
Hill, McKinnon, Mills, Oliver, Raney, Robinson, Rodgers, Scott,
Smith, Stewart, Walker, Watson, Wells, and White-18.
Which was agreed to.
On motion of Mr. Walker, the original resolution was refer-
red to Committee on Legislative Expenses.
Rule suspended, the Committee on City and County Organiza-
tions made the following report:
COMMITTEE ROOM, January 16, 1870.
"Hon. M. L. STEARNS, Speaker of the Assembly:
Your committee to whom was referred a bill to be entitled

71

An Act to repeal An Act allowing the voters of the several
countiess in this State to locate their respective county sites,
beg leave to report that they have had the same under consid-
eration, and recommend that it do not pass. The bill that it
proposes to repeal seems to us to be based upon equitable prin-
ciples, and under it a great many county sites have been very
satisfactorily located. The repeal of the act would, we conceive,
burden the Legislature with a great many special acts to locate
county sites, as was the case before its passage.
Very respectfully,
D. L. McKiNNo,
Chairman Committee on City and County Organizations.
Which was received, and the bill taken up and read the sec-
ond time, and, on motion of Mr. Raney, of Franklin, indefinite-
ly postponed.
Rule suspended, Mr. Green of Manatee moved that the Hon.
S. J. Pearce, of Hernando, be appointed chairman of the special
committee appointed to draft resolutions relative to the death
of the late Hon. M. -M. Edwards, of Hernando county.
Agreed to.
On motion of Mr. Osgood, the Assembly adjourned until 10
.o'clock to-morrow morning.

TUESDAY, January 18, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bogue, Bostick, Bradwell, Black,
Cruce, DeLaney, Filer, Forward, Fortune, Graham, Green of
Manatee, Greeno, Harris, Hill, Hodges, Keene, Lee, McAuley,
McKinnon, McMillin, Melvin, Mills, Moore of Columbia, Oliver,
Osgood, Pearce, Pitman, Pons, Powell, Raney, Robinson, Scott,
Simpson, Smith, Stewart, Stone, Thompson, Urquhart, Varnum,
"Walker, Watson, Wells, and White-44.
A quorum present.
Prayer by the Chaplain.
On motion, the reading of yesterday's journal was dispensed
-with and the journal approved.

RESOLUTIONS.
By Mr. Butler:
Resolved, That the Assembly do proceed on to-day at 12

A-

o'clock, M., being the second Tuesday after the organization of
the Legislature, in accordance with the provisions of the statute,.
to the election of a United States Senator to fill the term com-
mencing March 4, 1869.
Was read.
Mr. Green, of Manatee, moved to lay the resolution on the
table.
Upon which the yeas and nays were called for and were:
Yeas-Mr. Speaker, Messrs. Black, Forward, Fortune, Green
of Manatee, Hill, Melvin, Mills, Osgood, Pons, Robinson, Scott,
and Simpson-13.
Nays--Messrs. Butler, Bogue, Bostick, Bradwell, Cruce, De-
Laney, Filer, Graham, Greeno, Harris, Hodges, Keene, Lee,
McAuley, McKinnon, McMillin, Moore of Columbia, Moore of
Hillsborough, Oliver, Pearce, Pitman, Powell, Raney, Smith,
Stewart, Stone, Thompson, Urquhart, Varnum, Walker, Watson,
Wells, and White-33.
Motion to lay on the table lost.
Mr. Varnum moved the adoption of the resolution, and called
for the previous question.
Upon the motion, Shall the main question be put ? the yeas
and nays were called for, and were:
Yeas-MNessrs. Butler, Bogue, Bostick, Bradwell, Cruce, Filer,
Harris, Hodges, Keene, Lee, McAuley, McMillin, Mills, Moore
.of Columbia, Moore of Hillsborough, Oliver, Pitman, Powell,
Smith, Stewart, Urquhart, Varnum, Walker, and White-24.
Nays-Messrs. Black, DeLaney, Forward, Fortune, Graham,
Green of Manatee, Greeno, Hill, McKinnon, Melvin, Osgood,
Pearce, Pons, Raney, Robinson, Scott, Simpson, Stone, Thomp-
son, Watson, and Wells-21.
The main question was ordered.
Upon the adoption of the resolution,
The vote was:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Cruce,
Filer, Harris, Keene, Lee, McAuley, McKinnon, McMillin, Mills,
Moore of Columbia, Moore of Hillsborough, Oliver, Pitman,
Powell, Raney, Smith, Stewart, Stone, Urquhart, Varnum,
Walker, Watson, and White-27.
Nays-Mr. Speaker, Messrs. Black, DeLaney, Forward, For-
tune, Graham, Green of Manatee, Greeno, Hill, Hodges, Mel-
vin, Osgood, Pons, Robinson, Scott, Simpson, Thompson, and
Wells-18.
Resolution adopted.
Mr. Black moved to take a recess until four o'clock this even-
ing.
Upon which the yeas and nays were called for, and were:

73

Yeas-Messrs. Black, DeLaney, Fortune, Graham, Green of
Manatee, Greeno, Melvin, Osgood, Pons, Robinson, Scott, and
Wells-12.
Nays-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Filer, Forward, Harris, Hill, Hodges, Keene, Lee, Mc-
Auley, McKinnon, McMillin, Mills, Moore of Columbia, Moore
of Hillsborough, Oliver, Pitman, Powell, Raney, Simpson,
Smith, Stewart, Stone, Thompson, Urquhart, Varnum, Walker
Watson, and White-33.
Motion lost.
Mr. Raney of Franklin moved that no motion to adjourn be-
fore one o'clock be entertained by this Assembly.
Mr. Pons moved to lay it on the table.
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Black, DeLaney, Forward, Fortune, Graham,
Green of Manatee, Greeno, Hill, Melvin, Mills, Osgood, Pons,
Robinson, Scott, Simpson, Tholmpson, and Wells-17.
Nays-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Filer, Harris, Hodges, Keene, Lee, McAuley, McKinnon,
McMillin, Moore of Columbia, Moore of Hillsborough, Oliver,
Pitman, Powell, Raney, Smith, Stewart, Stone, Urquhart, Var-
nnm, Walker, Watson, and White-28.
Motion lost.
Upon Mr. Raney's motion, the yeas and nays were called for,
and were:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Filer, Harris, Hodges, Keene, Lee, McAuley, McKinnon,
McMillin, Moore of Columbia, Moore of Hillsborough, Oliver,
Pitman, Powell, Raney, Smith, Stewart, Stone, Thompson,
Urquhart, Varnum, Walker, Watson, and White-29.
Nays-Messrs. Black, DeLaney, Forward, Fortune, Graham,
Green of Manatee, Greeno, Hill, Melvin, Mills, Osgood, Pons,
Robinson, Scott, Simpson, and Wells-16.
Motion agreed to.
On motion, a call of the House was ordered.
The following members were present:
Messrs. Butler, Bogue, Bostick, Bradwell, Black, Cheshire,
Cruce, DeLaney, Filer, Forward, Fortune, Graham, Green of
Manatee, Greeno, Harris, Hill, Hodges, Keene, Lee, McAuley,
McKinnon, McMillin, Melvin, Mills, Moore of Colunbia, Moore
of Hillsborough, Oliver, Osgood,Pearce, Pittman, Pons, Powell,
Raney, Robinson, Scott, Simpson, Smith, Stewart, Stone,
Thompson, Urquhart, Varnum, Walker, Watson, Wells, and
White-46.
Mr. Scott moved that the Sergeant-at-Arms be sent for absent
members, and that all business be suspended until his return.

74

Upon which the yeas and nays were called for, and were:
Yeas-M-essrs. Black, DeLaney, Fortune, Graham, Green of
AManatee, Greeno, Melvin, Mills, Osgood, Pons, Robinson, Scott,
Simpson, Thompson, and Wells-15.
Nays-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Filer, Forward, Harris, Hill, Hodges, Keene, Lee, Mc-
Auley, McKinnon, McMillin, Moore of Columbia, Moore of Hills-
borough, Oliver, Pearce, Pitman, Powell, Raney, Smith, Stew-
art, Stone, Urquhart, Varnum, Walker, Watson, and White-31.
Motion lost.
On motion of Mr. Raney, a further call of the House was dis-
pensed with.
Mr. Butler moved that a committee of three be appointed to
wait upon the Senate and inform them of the adoption of reso-
lution relative to election of U. S. Senator.
Mr. Scott moved to lay on the table.
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Black, DeLaney, Fortune, Graham, Green of
Manatee, Greeno, Iill, Melvin, Mills, Osgood, Pons, Robinson,
Scott, Simpson, and Wells-15.
Nays3-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Filer, Forward, Harris, Hodges, Keene, Lee, McAuley,
McKinnon, IMcMillin, Moore of Columbia, Moore of Hillsbo-
rough, Oliver, Pearce, Pitman, Powell, Raney, Smith, Stewart,
Stone, Thompson, Urquhart, Varnum, Walker, Watson, and
White-31.
Motion lost.
The yeas and nays were called for on Mr. Butler's motion,
and were:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cox, Cruce, Filer, Forward, Harris, Hodges, Keene, Lee, Mc-
Auley, McKinnon, McMillin, Mills, Moore of Columbia, Moore
of Hillsborough, Oliver, Pitman, Powell, Raney, Smith, Stewart,
Stone, Thompson, Urquhart, Varnum, Walker, Watson, and
White-32.
Nays-Messrs. Black, DeLaney, Fortune, Graham, Green of
Manatee, Greeno, Hill, Osgood, Pearce, Pons, Scott, Simpson,
and Wells-13.
Motion agreed to.
The chair appointed Messrs. Butler, Oliver, and Hodges said
committee.
After a brief absence, the committee reported, and were dis-
charged.
On motion, Messrs. Rodgers and Erwin were excused from
attendance on the Assembly to-day, on account of sickness.
Mr. Green, of Baker, was granted leave of absence for two
days, on account of sickness in his family.

Under a suspension of the rule, Mr. Bostick offered the fol-
lowing :
Resolved, That a committee of two be appointed to wait on
the Superintendent of Public Instruction, and request of him
that his Annual Report be laid before this body;
Which was read, and, on motion of Mr. Osgood, adopted.
The chair appointed -Messrs. Bostick and Harman said com-
mnittee.
The following bills and resolution were introduced :
By Mr. Butler, of Santa Rosa :
A bill to be entitled An Act to exempt Apothecaries and
Druggists from Militia and Jury Duty.
By Mr. Fortune :
A bill to be entitled An Act to incorporate the Fire Depart-
ments of the City of Tallahassee.
By Mr. Cruce :
A bill to be entitled An Act to amend the Revenue Law.
By Mr. Stewart :
A joint resolution relinquishing to Orange county the State
Taxes for the year A. D. 1870.
Which were received and placed among the orders of the
day.
Mr. Moore, of Hillsborough, gave notice of his intention to in-
troduce at a future day a bill to divide the county of Hills-
borough, and form a new county to be called Ward.

COMMITTEE REPORTS.

On City and County Organizations:
COMMITTEE ROoM, Jan. 16th, 1870.
To Hon. M. L. STEARNS, Speaker of the Assembly:
Your Committee to whom was referred Assembly Bill en-
titled An Act to fix and define the boundary lines of Volusia
county, and Senate Bill entitled An Act relating to Cities, have
had the same under consideration and recommend their pas-
sage. Respectfully, D. L. McKINwON,
Chairman Committee on City and County Organization.
Was read, and the bills placed among the orders of the day.
Committee on Corporations:
The Committee on Corporations, to whom was referred An
Act to incorporate the St. James Hotel Company, having had

76

the same under consideration, beg leave to report the bill back
to the House, and recommend its passage.
W. W. MOORE, Chairman,
F. N. B. OLIVER,
W. B. WHITE.
Was read, and the bill placed among the orders of the day.
Judiciary Committee :
COrITTrEE RooM, January 18, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly :
The Judiciary Committee having had under consideration
Assembly Bills Nos. 10, 12 and 21, respectfully recommend
that the same do not pass.
GEORGE P. RANEY, Chairman.
Was read, and the bills placed among the orders of the day.
Committee on Engrossed Bills :
TALLAHASSEE, Fla., January 17, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
SIR : The Committee on Engrossed Bills beg leave to report
as correctly engrossed, Assembly Bill No. 20:
A bill to be entitled An Act for the relief of George J.
Arnow, late Solicitor of the Suwannee Circuit of Florida.
Also Assembly Bill No. 26 :
A bill to be entitled An Act for the payment of Tax Asses-
sors for enrolling the Militia of this State.
Respectfully,
E. FORTUNE, Chairman.
Was read, and the bills placed among the orders of the day.
ORDERS OF THE DAY.
Mr. Keene, of La Fayette, moved to reconsider the vote taken
on Saturday upon Assembly Bill No. 19, relative to changing
the boundary line between the counties of Bradford and Alachua.
Was read, and on motion of Mr. Harmon laid on the table.
Under a suspension of the rule, Mr. Harris moved the recon-
sideration of the vote taken yesterday on the East Florida Land
Company Bill;
Which, by order of the chair, was placed among the orders for
a second reading on to-morrow.
A joint resolution proposing amendments to the State Con-
stitution.
Mr. McKinnon moved to postpone the consideration of the
amendments until Monday next.
Motion lost.

Mr. Walker called for the reading of the amendment proposed
by committee of the whole.
The amendment was read.
Mr. Scott moved to recommit the resolution and amendments
to a committee of the whole;
Which, on motion of Mr. White, was laid on the table.
Mr. Walker of Leon moved that the Assembly do not concur
in amendments offered by committee of the whole.
Mr. Scott moved to lay the motion on the table.
Not agreed to.
On Mr. Walker's motion the yeas and nays were called for,
and were:
Yeas-M-essrs. Butler, Bostick, Bradwell, Black, Cheshire,
Cruce, DeLaney, Erwin, Filer, Forward, Graham, Greeno, Har-
man, Harris, Hill, Hodges, Lee, McAuley, McKinnon, McMillin,
Mills, Moore of Columbia, Moore of Hillsborough, Oliver, Pons,
Powell, Raney, Robinson,. Smith, Stewart, Stone, Urquhart,
Varnum, Walker, Watson, Wells, and White-37.
Nays-Messrs. Fortune, Keene, Melvin, Osgood, Pearce, Pit-
man, Scott, Simpson, and Thompson-9.
Motion agreed to.
The hour of twelve having arrived, in pursuance of Mr. But-
ler's resolution, the Speaker announced the election of U. S.
Senator in order.
Mr. Scott moved a call of the House.
Mr. Walker moved to lay the motion on the table.
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Filer, Forward, Harris, Hodges, Keene, Lee, McAuley,
McKinnon, McMillin, Melvin, Moore of Columbia, Moore of
Hillsborough, Oliver, Pitman, Powell, Raney, Smith, Stewart,
Stone, Urquhart, Varnum, Walker, Watson, Wells, and White
-31.
Nays-Messrs. Black, DeLaney, Erwin, Fortune, Graham,
Greeno, Harman, Hill, Mills, Osgood, Pons, Robinson, Scott,
Simpson, and Thompson-15.
Laid on the table.
Mr. Raney moved that the Assembly proceed to the election
of United States Senator.
Mr. Harman opposed the motion 'on the ground that the
hour had passed prescribed by the resolution.
Mr. Raney raised a point of order, which was "that the adop-
tion of Mr. Butler's resolution was a peremptory order," and
must be enforced, as the resolution had not been reconsidered,
and called for its enforcement.
The chair ruled that the point was well taken, and ruled Mr.
Harmon out of order.

78

Mr. Harmon alppeled from the decision of the chair;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Bostick, Bradwell, Cheshire,
Cruce, Filer, Forward, Harmon, Harris, Hill, Hodges, Keene,
Lee, McAuley, McKinnon, McMillin, Melvin, Mills, Moore of
Columbia, Moore of Hillsborough, Oliver, Pitman, Powell, Ra-
ney, Smith, Stewart, Stone, Urquhart, Varnum, Walker, Wat-
son, Wells, and White-34.
Nays-Messrs. Black, DeLaney, Erwin, Fortune, Graham,
Greeno, Pons, Robinson, Scott, Simpson, and Thompson-11.
The chair was sustained by the Assembly.
Nominations for U. S. Senator were declared in order by the
chair.
The following nominations were made:
Mr. Fortune nominated Hon. F. N. B. Oliver.
Mr. Cruce nominated T. T. Long.
Mr. Black nominated E. Dyke.
Mr. Robinson nominated S. T. Pons.
Mr. Wells nominated Fred. Douglass.
Mr. HIodges nominated A. Gilbert.
Mr. Scott nominated Harry Cox.
Mr. Simpson nominated Robert Meacham.
Mr. Pons nominated Geo. E. Wentworth.
Mr. Butler nominated 0. B. Hart.
Mr. McKinnon nominated David S. Walker.
Mr. Greeno nominated W. B. White.
Mr. Keene nominated J. W. Powell.
Mr. Bogue nominated Jason Jackson.
Mr. Melvin nominated J. F. McClellan.
Mr. Hill nominated Judge P. W. White.
Mr. Moore of Columbia nominated Lemuel Wilson.
Mr. Moore nominated E. J. Harris.
The vote was:
For 0. B. Hart-Messrs. Bradwell, Filer, Harris, Lee, Mc-
Kinnon, McMillin, Oliver, Pearce, Pitman, Raney, Stewart,
Stone, Urquhart, Varnum, Walker, and White-17.
For J. W. Powell-Mr. Keene-1.
For J. H. McClellan-Mr. Melvin-1.
For Wm. Bradwell-Mr. Harmon-1.
For J. Jackson-Mr. Bogue-1.
For D. Richards-Mr. Hodges-1.
For A. Gilbert-Messrs. DeLaney and Forward-2.
For L. Billings-Messrs. Hill and Powell-2. '
For L. Wilson-Mr. Moore of Columbia-1.
For G. P. Raney-Messrs. Bostiek and Moore of Hillsbo-
rour Sim 2. lak-.
For J. Simpson-Mr. Black-1.

For D. S. Walker-Mes-srs. Cheshire and Smith-2.
For T. T. Long-Messrs. Cruce and Erwin-2.
For F. N. B. Oliver-Messrs. Fortune and McAuley-2.
For H. Cox-Messrs. Graham and Scott-2.
For RI. Meacham-Messrs. Osgood and Thompson-2.
For G. E. Wentworth-Mr. Pons-1.
For J. W. Mathis-Mr. Simpson-1.
For Charles Moore-Mr. Watson-1.
For S. T. Pons-Mr. Robinson-1.
For F. Douglass-Mr. Wells-1.
None of the candidates having received a majority of all
the votes cast, the chair declared that there was no election.
Mr. Black moved that further proceedings on election of U.
"S: Senator be postponed until to-morrow morning, ten o'clock;
Which, on motion of Mr. Butler, was laid on the table.
On motion of Mr. McKinnon, the Assembly resumed the
orders of the day.
The following Joint Resolution proposing amendments to the
State Constitution, was read the second time :
Resolved, by the Senate and Assembly of the State of Florida,
that the following amendments to the Constitution of said State
be, and the same are hereby proposed and agreed to :

ARTICLE I.

The salary of the Governor of the State shall be three thous-
sand five hundred dollars per annum ; that of each Justice of
the Supreme Court shall be three thousand dollars; that of each
Judge of the Circuit Courts shall be two thousands five hun-
dred dollars ; that of each Cabinet officer shall be two thousand
dollars ; that of the Lieutenant-Governor shall be five hundred
dollars, and he shall receive the same mileage as a member of
the Legislature. The pay of members of the Legislature shall
be a per diem to be fixed by law, for each day's actual attend-
ance, and in addition thereto, ten cents per mile for travelling
expenses for each mile from their respective places of residence
to the capital, estimated by the shortest general thoroughfare,
and the same to return. All other officers of the State shall be
paid by fees or per diem fixed by law. No Legislature shall
increase its own pay.
ARTICLE II.

The several members of the Calbinet of admniiistrative: officers
shall be elected by the people.

80

ARTICLE III.
The sixth and seventh judicial districts are hereby abolished,
and the limits of- the first, second, third, fourth, and fifth judi-
cial districts shall be defined by law.
ARTICLE IV.
The offices of Surveyor-General and Commissioner of Immi-
gration are hereby consolidated under the name of Commis-
sioner of Lands and Immnig'ration.
ARTICLE V.
The office of Adjutant-General is hereby abolished.
ARTICLE VI.
The thirteenth section of the sixth Article of the Constitution
is hereby abrogated.
ARTICLE VII.
The twenty-seventh section of the sixteenth Article of the
Constitution is hereby abrogated.
ARTICLE VIII.
The number of the terms of the Supreme Court and the time
of holding the same shall be fixed by law.
ARTICLE IX.
The Legislature shall have power to prescribe regulations for
calling in to the Supreme Court a Judge of the Cirenit Court,
to hear and determine any matter pending before the court, in
the place of any Justice thereof who shall be disqualified or dis-
abled in such case from interest or other cause.
Was read the second time.
By a two-third vote, the rule was suspended, and, on motion
of Mr. McKinnon, the resolution read the third time and put
upon its passage.
The vote was:
Yeas-Mr. Speaker, Messrs. Butler, Bostick, Bradwell, Black,
Cheshire, Cruce, Filer, Forward, Fortune, Green of Manatee,
Harris, Hill, Hodges, Keene, Lee, McAuley, McKinnon, McMil-
lin, Melvin, Mills, Moore of Hillsborough, Oliver, Osgood, Pearce,
Pitman, Powell, Raney, Scott, Simpson, Smith, Stewart, Stone,
Urquhart, Varnum, Walker, Watson, and AWhite-38.

Nays-Messrs, DeLaney, Graham, Moore of Columbia,
Thompson, and Wells-5.
The resolution passed by a two-third vote of all members
elected.
Under a suspension of the rule, Mr. Green of Manatee offered
the following:
Resolved, That the proceedings of this House in the election
for United States Senator, be expunged from the journal;
Which was read.
Mr. Pons moved to indefinitely postpone the resolution.
On motion of Mr. Scott, the resolution was laid on the table.
Mr. Harris asked permission to change his vote on resolution
proposing amendments to the State' Constitution;
Which was granted.
On motion, the Assembly adjourned until to-morrow morn-
ing, ten o'clock.

WEDNESDAY, January 19, 1870.

The Assembly met pursuant to adjournment.
The roll was called, and the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bogue, Bradwell, Cheshire,
Cruce, DeLaney, Erwin, Filer, Forward, Fortune, Graham,
Green of Manatee, Greeno, Harris, Hill, Hodges, Keene, Lee,
McAuley, McKinnon, McMillin, Melvin, Mills, Oliver, Osgood,
Pearce, Pitman, Powell, Raney, Robinson, Rodgers, Scott,
Smith, Stone, Thompson, Urquhart, Varnum, Walker, Watson,
Wells, and White-42.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Osgood, the reading of yesterday's journal
was dispensed with.
The journal corrected and approved.
The following communication was received:

Hon. M. L. STEARNS, Speaker of the Assembly:
In response to the resolution of the Hon. Assembly, desiring
information of the Trustees of the Internal Improvement Fund,
as to the quantity of land conveyed by them to the New York
and Florida Land, Lumber, and Improvement Company, upon
what terms, and by what authority, I beg leave to submit, first,
a copy of the resolutions of the Board of Trustees, by which
6

"82

an arrangement in regard to land was effected with the Com-
pany referred to :
WHEREAS, the New York and Florida Lumber, Land, and
Improvement Company have made a proposition to the Trus-
tees of the Internal Improvement Fund of the State of Florida,
whereby said company propose to establish agents in all the
principal sea-board cities of the United States, in Canada, Eng-
land, Germany, France, Italy, and the south of Europe, in order
to promote and establish immigration to the State of Florida,
and to furnish such immigrants full and complete information
as to the climate, soil, productions, and other advantages of the
State, by a re-publication and translation of the book entitled
'Florida,' together with maps, and all such other authentic in-
formation as may be practicable, and to furnish such immi-
grants low rates of passage to their respective points of settle-
ment o? location in said State, and generally to take all such
measures as may be calculated to promote and encourage im-
migration to the largest extent and in the most speedy man-
ner.
"AND WHEREAS, The object of this State and of this Board,
is to secure said immigration in the most speedy and effective
manner which will tend directly to a great development of the
material prosperity of the State and to a rapid increase in the
value of the real property of all the residents of the State;
"Noow, therefore, it is resolved, That authority be and is here-
by given and granted by the Trustees of the Internal Improve-
ment Fund of the State of Florida, to the New York and Florida
Lumber, Land, and Improvement Company,' their successors or
assigns, to select and locate from the lands belonging to the
Internal Improvement Fund, one million one hundred thousand
acres of said lands, which shall be designated and described up-
on the State Township Maps in the office of Surveyor-General
at Tallahassee, it being agreed and understood by and between
said Board and the said Company, that in making such selec-
tion, said Company shall select such lands by quarter town-
ships, and may take either the half or the whole of the Internal
Improvement lands in any two of the quarter townships, viz. :
of the Northeast or Northwest, or Southeast or Southwest
quarter of any township.
And it is further resolved, That such selection and desig-
nation, when made as aforesaid, shall operate to reserve such
lands from any sale or conveyance by this Board or by the
State to any other person or parties for the period of three years
from the first day of January, A. D. 1870, and during which
time said Company may purchase, and this Board on behalf of

the State will convey to said Company, their successors or as-
signs, their duly authorized agent or agents, or upon the order
of said Company, all such lands at the rate and price of ten
cents per acre, upon the following terms and conditions, to wit:
The said Company shall be entitled to a deed from this Board
at any time, on the payment for one hundred thousand acres of
the land selected, at the rate and price above mentioned, and on
furnishing a bond to be approved by a Board consisting of the
Governor of the State, the Attorney-General, the Commissioner
of Immigration, and the Comptroller, conditioned for the actual
sale, within two years from the first day of January, 1870, of
such lands or of such portions thereof to heads of families or
male adults, who intend to become citizens or actual settlers in
said State, or for the introduction of such heads of families or
male adults within said State, at the rate and in the proportion
of one settler to each half section in said one hundred thousand
acres ; such'settlers to be brought from the Northern or West-
ern States, or from foreign nations ; also conditioned for the
fulfilment of the proposals contained in the recital prefixed to
these resolutions ; and on failure to comply with said last men-
tioned condition, to pay fifty cents per acre for so much of said
land as they may have failed to become entitled to, by non-com-
pliance therewith, said bond to be filed in the office of the State
Treasurer, and to be re-delivered to said Company for cancella-
tion upon the performance of said conditions.
That thereafter and from time to time as the company may
require, and on payment for one hundred thousand acres more
or less, and at the price first above mentioned of ten cents per
acre, together with evidence which shall be deemed satisfac-
tory by a Board consisting of the Commissioner of Ilmmigration,
the Comptroller and the Surveyor-General, to parties as here-
in before specified, in the proportion of one settler to each half
section of land, a deed or deeds for and to such further sections
as they, the said company, may require, in the aggregate not to
exceed the total amount herein above specified of eleven hun-
dred thousand acres;
"And be itfurther resolved, That this Board will afford any
and every assistance to the said company in the prosecution of
this enterprise, which is calculated to promote the interest of
the State, and as the measure of the value of property, and the
prosperity of any community is determined by the number,
intelligence and industry of its members, therefore, in recom-
mending the citizens of our State to afford support and co-op-
eration to the company in its legitimate efforts, we feel con-
fident the citizens, residents, and property holders are there-
by promoting their own interests, as well as those of the State,

84

and lightening the burden of taxation by its distribution over
greater numbers.
"Resolved, That nothing in these resolutions contained, shall
exclude citizens from other Southern States from the right to be-
come purchasers of any of said lands from said company for the
purpose of settling thereon; but this Board will reserve the right
to determine whether such citizens, so settling, shall be counted
in determining whether the conditions of the bond required
have been complied with."
Such is the arrangement actually made and consummated on
one side by the resolutions of the Board, and on the other by
the formal acceptance of the arrangement by the company.
"It will be seen that no land is in fact conveyed, but that the
Board have agreed to convey, on the compliance with certain pro-
visions, pledging thereto the faith of the State. The company
are to establish extensive agencies, to publish and distribute
books, to place one settler on every half section, or introduce
settlers in that proportion. To secure this, needing some land
to commence with, they are to give satisfactory bond to per-
form what they agree to do, and have 100,000 acres of land.
Then if they do fulfil the prescribed conditions as to this first
tract, thus showing their good faith, and incurring a very large
expense, they can select more. But if they fail to fulfil the con-
ditions they can have no more, but pay fifty cents per acre,
which is the price at which the lands have been held for years
till very recently.
The authority to convey the lands is derived from the act of
1855, by which the Board was created, and the fund irrevoca-
bly intrusted to them, of which the XVI. section is as follows:
SEC. 16. Be it further enacted, That the Trustees of the In-
ternal Improvement Fund shall hereafter fix the price of the
public lands included in the trust, having due regard to their lo-
cation, value for agricultural purposes, or on account of timber
or naval stores, and make such arrangements for drainage of the
swamp and overflowed lands as in their judgment may be most
advantageous to the Internal Improvement Fund, and the settle-
ment and cultivation of the land ; and the said Trustees shall
encourage actual settlement and cultivation of said lands by al-
lowing pre-emptions under such rules and regulations as they
may deem advisable; Provided, That in no case shall a pre-
emption for more than one section of land be granted to any one
settler.
From this it will be seen that the price of these lands is en-
tirely within the control, and under the discretion of the Board.
And the settlement and cultivation of the land are made specific

objects of the attention of the Board, to promote which they
may grant pre-emptions under such rules and regulations as they
see fit to establish.
It will be noticed that the company agreed to put in settlers
in the proportion of one to every 320 acres, and which is en-
tirely within the limit of one to 640 acres established by law.
Respectfully submitted.
J. S. ADAMS,
Secretary of Board of Trustees of Internal Improvement Fund.

And on motion of Mr. Raney, ordered to be spread upon the
journal.
Mr. Butler moved to refer the communication to the select
committee, of which Mr. Scott is chairman. i
Which was agreed to.
Resolution offered by Mr. Butler, of Santa Rosa :
Resolved, That at twelve o'clock, M., the election of United
States Senator for term commencing March 4th, A. D. 1869, be
proceeded with, and that the members of the Senate be invited
to meet the Assembly in Joint Session at that hour;
Was read.
Mr. Simpson moved to lay the resolution on the table ;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Bogue, DeLaney, Fortune, Graham, Hill, Mills,
Osgood, Pons, Robinson, Scott, Simpson, Thoimplson, and Wells
-13.
Nays-Messrs. Butler, Bostick, Bradwell, Black, Chesire,
Cruce, Erwin, Filer, Forward, Green of Manatee, Harris, Hodges,
Keene, Lee, McAuley, McKinnon, McMillin, Melvin, Moore of
Columbia, Moore of Hillsborough, Oliver, Pearce, Pitman, Pow-
ell, Raney, Rodgers, Smith, Stewart, Stone, Urquhart, Varnum,
Walker, Watson, and White-34.
Motion lost.
Mr. Black moved to reconsider the vote just taken.
Not agreed to.
On the adoption of the resolution,
The vote was:
Yeas-Messrs Butler, Bostick, Bradwell, Black, Cheshire,
Cruce, Erwin, Filer, Forward, Green of Manatee, Harris, Hodges,
Keene, Lee, McAuley, McKinnon, McMillin, Melvin, Moore of
SColumbia, Moore of Hillsborough, Oliver, Pearce, Pitman, Pow-
ell, Raney, Rodgers, Smith, Stewart, Stone, Urquhart, Varnum,
Walker, Watson, and White-34.
Nays-Messrs. Bogue, DeLaney, Fortune, Graham, Greeno,

86

Hill, Mills, Osgood, Pons, Robinson, Scott, Simpson, Thompson,
and Wells-14.
Resolution adopted.
Mr. Black moved to reconsider the vote just taken.
Mr. Walker moved to lay the motion on the table;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bostick, Bradwell, Cheshlirc, Cruce,
Erwin, Filer, Forward, Green, Harris, Hodges, Keene, Lee, Mc-
Auley, McKinnon, McMillin, Melvin, Mills, Moore of Columbia,
Oliver, Osgood, Peace, Pitman, Powell, Raney, Rodgers, Smith,
Stewart, Stone, Urquhart, Varnum, Walker, Watson, and White
-34.
Nays-Messrs. Bogue, Black, DeLaney, Fortune, Graham,
Greeno, Hill, Moore of Hillsborough, Pons, Robinson, Scott,
Simpson, Thompson, and Wells-14.
Motion to reconsider laid on the table.
Mr. Black moved to take a recess until four o'clock this after-
noon ;
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Bogue, Black, DeLaney, Forward, Graham,
Hill, Mills, Osgood, Pons, Robinson, Simpson, Thompson, and
Wells-13.
Nays-Messrs. Butler, Bostick, Bradwell, Cheshire, Cruce,
Erwin, Filer, Forward, Green of Manatee, Greeno, Harris,
Hodges, Keene, Lee, McAuley, McKinnon, McMillin, Melvin,
Moore of Columbia, Moore of Hillsborough, Oliver, Penrce, Pit-
man, Powell, Raney, Rodgers, Scott, Smith, Stewart, Stone,
Urquhart, Varnum, Walker, Watson, and White-35.
Motion lost.
Mr. Oliver, of Bradford, offered the following:
_Resolved, That no motion to adjourn before fifteen minutes
before one o'clock, shall be entertained.
Mr. Osgood moved to lay the resolution on the table;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Bogue, Black, DeLaney, Fortune, Green of
Manatee, Greeno, Hill, Mills, Osgood, Pons, Robinson, Simpson,
Thomps.on, and Wells-14.
Nays-Me.ssrs. Butler, Bostick, Bradwell, Cheshire, Cruce,
Erwin, Filer, Forward, Graham, Harris, Hodges, Keene, Lee,
McAuley, McKinnonl, 3McMillin, Melvin, Moore of Columbia,
Moore of Hillsborough, Oliver, Pearce, Pitman, Powell, Raney,
Rodgers, -Scott, Smith, Stewart, Stone, Urquhlart, Varnum, Wal-
ker, Watson, and White-34.
Motion lost.
On motion, Mr. Oliver's resolution was adopted.

87

Mr. Osgood moved that a committee of three be appointed to
inform the Senate of the action of the Assembly in reference to
election of U. S. Senator.
Mr. Varnum moved to lay the motion on the table;
Upon which the yeas and nays were called for, and were:
Yeas-M-essrs. Butler, Bostick, Bradwell, Cheshire, Cruce,
Erwin, Filer, Forward, Green of Manatee, Hodges, Keene, Lee,
McAuley, McMillin, Melvin, Moore of Columbia, Moore of Hills-
borough, Oliver, Pearce, Pitman, Powell, Raney, Rodgers,
Smith, Stewart, Stone, Urquhart, Varnum, Walker, Watson,
Wells, and White-32.
Nays-Messrs. Bogue, Black, DeLaney, Fortune, Graham,
Greeno, Harris, Hill, Mills, Osgood, Pons, Robinson, Scott,
Simpson, Thompson, and Wells-16.
Motion agreed to.
Mr. Raney moved a call of the House.
Agreed to.
The following members were present:
Mr. Speaker, Messrs. Butler, Bogue, Bostick, Bradwell, Black,
Cheshire, Cruce, DeLaney, Erwin, Filer, Forward, Fortune, Gra-
ham, Green of Manatee, Harris, Hill, Hodges, Keene, Lee, Mc-
Auley, McKinnon, McMillin, Melvin, Mills, Moore of Columbia,
Moore of Hillsborough, Oliver, Osgood, Pearce, Pitman, Pons,
Powell, Raney, Robinson, Rodgers, Scott, Simpson, Smith, Stew-
art, Stone, Thompson, Urquhart, Varnum, Walker, Watson,
Wells, and White-47.
A quorum present.
On motion of Mr. Pons, a further call of the House was dis-
pensed with.
Mr. Varnum introduced a bill to be entitled An Act to Incor-
porate the Pensacola City Company;
Which was r received and placed among the orders of the day.

ORDERS OF THE DAY.

The following motion was taken up:
Mr. Harris, of Marion, moves to reconsider the vote taken
yesterday, to strike out the enacting clause of a bill to be enti-
tied An Act to Incorporate the East Florida Land Company.
Read and agreed to.
Senate Bill No. 7:
To be entitled An Act to Incorporate the East Florida Land
Company,
Was read by its title, and, on motion, reconunitted to Com-
mittee on Corpor'ations.
A bill to be entitled An Act prescribing the manner of Chang-

ing the Names of Parties in this State, offered as a substitute
by select committee for Assembly Bills No.. 12 and 18,
Was taken up, and, on motion, referred to Judiciary Com-
mittee.
Assembly Bill No. 10:
To be entitled An Act to exempt Finley McCaskill and Wil-
liam B. McLeod from Professional and Occupational Taxation,
Was read the second time, and, on motion of Mr. M3cKinnm:on,
indefinitely postponed.
Bill No. 12:
To be entitled An Act granting Liens to Artisans, Mcrhanics,
and others, and provide for the enforcement thereof,
Was read the second time, and, on motion, made the special
order for Monday next.
Bill No. 21:
A bill to be entitled An Act relating to the Competency of
Judges in certain cases,
Was read the second time, and, on motion of Mr. Raney, of
Franklin, indefinitely postponed.
The hour of twelve having arrived, Mr. Oliver moved that the
Sergeant-at-Arms be instructed to provide seats for the Senators,
preparatory to going into the election of U. S. Senator;
Upon which motion the yeas and nays were called for, and
were:
Yeas-Messrs. Butler, Bradwell, Cheshire, Cruce, Erwin, Fi-
ler, Forward, Harris, Hodges, Keene, Lee, McAuley, McKinnon,
McMillin, Melvin, Mills, Moore of Hillsborough, Oliver, Pearce,
Pitman, Powell, Raney, Rodgers, Smith, Stewart, Stone, Urqu-
hart, Walker, Watson, and White-30.
Nays-Messrs. Black, DeLaney, Fortune, Graham, Osgo.od,
Pons, Robinson, Scott, Simpson, Varnum, and Wells-1 1.
Motion agreed to.
The Speaker announced the election of U. S. Senator in order,
pursuant to Mr. Butler's resolution.
Senator Krimminger being present desired to make an expla-
nation.
The Speaker ruled the Senator out of order, as the Senators
present were not recognized as meeting the Asscmbll in joint
convention.
The Assembly journal of yesterday's proceedings was read.
The Assembly roll was called, and the result was as follows:
For O. B. Hart-Messrs. Butler, Bogue, Bradwell, Filer,
Green of Manatee, Harris, Hodges, Keene, Lee, McAuley, Mc-
Millin, Moore of Hillsborough, Oliver, Pearce, Pitman, Powell,
Raney, Rodgers, Stewart, Stone, Urquhart, Varnum, Walker,
Watson, and White-25.

For A. Gilbert-Messrs. Forward, Hill, McKinnon, and
Mills-4.
For D. S. Walker-M-essrs. Cheshire and Smith-2.
For Robert Meacham-Messrs. Osgood and Thompson-2.
For T. T. Long-Mr. Cruce-1.
For M. S. Littlefield-Mr. Fortune-1.
For J. Simpson-Mr. Black-1.
For Lemuel Wilson-Mr. Moore of Columbia-1.
For J. R. Scott-Mr. DeLaney-1.
For W. T. Hodges-Mr. Erwin-1.
For C. D. Lincoln-Mr. Greeno-1.
For Jefferson Davis-Mr. Melvin-1.
For Hiram Potter, Jr.-Mr. Pons-1.
For J. M. Langston-Mr. Scott-i.
For Liberty Billings-Mr. Simpson-1.
Mr. Butler moved that the Clerk of the Assembly be request-
ed to call the names of the Senators present, and that they be
allowed to record their votes for U. S. Senator.
Mr. Osgood moved to lay the motion on the table ;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Bogue, DeLaney, Erwin, Fortune, Greeno,
Hill, Hodges, Osgood, Pons, Scott, Simpson and Thomp-
son-12.
Nays-Messrs. Butler, Bradwell, Black, Cheshire, Cruce,
Filer, Forward, Green of Manatee, Harris, Keene, Lee, McAuley,
McKinnon, McMillin, Melvin, Moore of Columbia, Moore of
Hillsborough, Oliver, Pearce, Pitman, Powell, Raney, Rodgers,
Smith, Stewart, Stone, Urquhart, Varnum, Walker, Watson,
and White-31.
The motion was lost.
Mr. Butler was allowed to withdraw his motion.
Mr. Butler moved that the Senators present be allowed to
record their votes for U. S. Senator, and called for the previous
question.
Upon the question, Shall the main question be now put ? the,
yeas and nays were called for, and were :
Yeas-Messrs. Butler, Bostick, Bradwell, Black, Cheshire,
Cruce, Filer, Forward, Green of Manatee, Harmon, Hodges,
Keene, Lee, McAuley, McMillin, Melvin, Moore of Columbia,
Moore of Hillsborough, Oliver, Pearce, Pitman, Powell, Rodgers,
Smith, Stewart, Stone, Urquhart, Varnum, Walker, .Watson,
and White-31.
Nays-M-essrs. Bogue, DeLaney, Fortune, Greeno, Hill,
McKinnon, Mills, Osgood, Pons, Robinson, Scott, Simpson,
and Thompson-13.
The main question was ordered, upon which the yeas and
nays were called for, and were :

90

Yeas-M-essrs. Butler, Bradwell, Cheshire, Cruce, Filer, For-
ward, Green of Manatee, Harris, Hodges, Keene, Lee, McAuley,
McKinnon, McMillin, Melvin, Moore of Columbia, Moore of
Hillsborough, Oliver, Pearce, Pitman, Powell, Raney, Rodgers,
Smith, Stewart, Stone, Urquhart, Varnum, Walker, Watson,
and White-31.
Nays-Messrs Bogue, Black, DeLaney, Erwin, Fortune,
Greeno, Hill, Mills, Osgood, Pons, Robinson, Scott, Simpson,
.and Thompson-14.
Mr. Butler's motion agreed to.
Mr. Raney moved that Mr. Crawford, of the Senate, be re-
quested to take his seat with the Speaker, and to order the Sen-
.ate journal of yesterday read, and the roll of the Senate called.
The Speaker ruled the motion to be out of order, and stated
that the chair could entertain no motion tending toward recog-
nizing the Senators present as an organized body.
Mr. Scott moved to adjourn until to-morrow morning ten
o'clock.
Upon which the yeas and nays were called, and were:
Yeas-Messrs. Bogue, Black, DeLaney, Erwin, Fortune,
Greeno, Hill, Mills, Osgood, Pons, Robinson, Scott, Simpson,
and Thompson-14.
Nays-Messrs. Butler, Bradwell, Cheshire, Cruce, Filer, For-
ward, Green of Manatee, Harris, Hodges, Keene, Lee,. Mc-
Auley, McKinnon, McMillin, Melvin, Moore of Columbia, Moore
of Hillsborough, Oliver, Pearce, Pitman, Powell, Raney, Rodg-
ers, Smith, Stewait, Stone, Urquhart, Varnum, Walker, Wat-
son, and White-31.
Motion to adjourn was lost.
Senator Purman asked in what position the Senators stood,
and whether he could be heard or not.
The Speaker decided that the Senate and Assembly were not
in joint session, and ruled that the Senator was out of order,
:and could not be heard except by the consent of the Assembly.
The following Senators recorded their votes for 0. B. Hart:
Messrs. Crawford, Ginn, Henderson, Kendrick, Krimminger,
McCaskill, Smithson, Vaughan, and Weeks-9.
Mr. Underwood recorded his vote for D. L. Yulee-1.
Mr. Walker moved that 0. B. Hart, having received a major-
ity of all the votes cast, be declared elected United States Sen-
ator to fill the term commencing March the fourth, A. D. 1869;
Which motion was agreed to.
On motion, the Assembly adjourned until to-morrow morning
-ten o'clock.

91

THURSDAY, January 20, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Bogue, Bostick, Bradwell, Cheshire,
Cox, DeLaney, Filer, Fortune, Graham, Green of Manatee,
Greeno, Harris, Hill, Hodges, Keene, Lee, McAuley, McMillin,
Melvin, Mills, Moore of Hillsborough, Oliver, Osgood, Pearce,
Pitman, Pons, Powell, Raney, Rodgers, Scott, Simpson, Smith,
"Thompson, Urquhart, Walker, Wells, and White-38.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Simpson, the reading of yesterday's journal
was dispensed with and the journal approved.

RESOLUTIONS BY SELECT COMMITTEE.
WHEREAS, it has pleased Almighty God, in the wise dispen-
sation of His providence, to remove by sudden death since the
close of the last session of this body, the Honorable Marvel M.
Edwards, Representative from Hernando county;
Be it therefore resolved, That in the decease of the Hon. Mr.
Edwards, this body has lost an able and useful member, and
the State a devoted and honorable citizen.
Be it further resolved, That we tender to the afflicted fam-
ily of the deceased, our sincere condolence and sympathy, and
as an expression of the respect and esteem of this body, that
the usual badge of mourning be worn by the members until the
adjournment of the session.
Be it further resolved, That these resolutions be entered upon
the journal of the Assembly, and an enrolled copy be transmit-
ted to the family of the deceased.
TWhich was read.
Mr. Scott, of Duval, made a few appropriate remarks to the
memory of the deceased.
On motion of Mr. Fortune, the resolutions were adopted.
The following message was received from his Excellency the
Governor:
EXECUTIVE OFFICE,
TALLAHASSEE, Fla., January 19, 1870. f
Hon. M. L. STEARNS, Speaker of the Assembly:
Sin: I have the honor to transmit for the information of the
Legislature an interesting report of the preliminary survey, and
.an approximate estimate of the cost of opening inland naviga-

tion from Fernandina via St. Johns river, Indian river, and Bis-
cayne Bay, to Key West, which I recommend be spread upon the
journals of the Assembly. I also suggest the propriety of the
adoption of a memorial to Congress for a grant of land in aid of
the work.
Very respectfully, your obedient servant,
HAz Isox REED, Governor.

KEY WEST, Fla., December 15, 1869.
WILLIS GAYLOED, Esq. :
-Dear Sir : In compliance with your request, I left Palatka
on Monday, November 15, ultimo, in company with Lieutenant-
Governor W. H. Gleason,Dr. N. H. Moragne, President, &c., and
others, on board steamer Pansoffka, for an examination of the St.
Johns, Indian, and other rivers and lakes to this place, for the
purpose of judging of the practicability and cost of constructing
a canal under a charter granted by the Legislature of the State
of Florida, entitled the Southern Inland Navigation and Im-
provement Company.
I shall reserve many of the facts and incidents of our trip for
a private letter, not deeming them pertinent to this report.
We found the St. Johns river, as high up as Lake HI-Trnev. a
beautiful stream, varying in width from two hundred to five hun-
dred, and in depth from five to twenty feet. It is navigable fbi'
steamers drawing four feet, with perhaps the exception of a few
points where the angles in the river are too sharp to admit of
easy navigation. These obstructions can ble ecrily removed with
a dredge-boat, and at trifling cost. We experienced no serious
difficulty in passing them with our boat, which was seventy-five
feet long, eighteen feet beam, and drew two feet of water.
From Lake Harney to Lake Washington the river is now, Ibr
the most of the way, navigable for boats of four feet draft.
There is, however, a portion of the way very crooked and diffi-
cult to navigate by reason of obstructions by lettuce, floating
grass islands, and sharp angles. These will have to be removed
to make the river navigable. The work here to be done is
neither heavy nor difficult. The whole can be removed by a
dredge, the material being all sand and loam.
We passed through and over all obstacles with our steamer,
up to Lake Washington, occupying four days in making the
trip. Of this time, however, we spent some ten hours in pro-
curing fuel. The distance is 343 miles above Palatka.
We felt proud of our trip, it being a pioneer one ; no steamer
having ever before bathed in the pure and bright waters of
Lake Washington. Many persons predicted a failure on our
part to reach the lake, it being, as they said, "impossible to pass
the obstructions." We started, however, with Lake Washing-

93

ton as our objective point, and a determination to surmount every
obstacle short of absolute impossibilities. We tried, we suc-
ceeded, and our triumph was the cause of much rejoicing by all
on board, as we rounded to at our landing.
Here we parted with those on board, they to work their way
back, and we to prosecute our journey. We packed our provis-
ions and baggage in a heap upon the shore of the lake, and left
then in care of a negro boy (Ned) for the night, and the Gov-
ernor and I started at 4 P. M., for Indian river, distant seven
miles. It was a little after dark when we reached the house of
Mr. Stewart, where we were heartily welcomed and well enter-
tained.
Elbow creek enters into Indian river at this point, and is now
navigable for a distance of two miles, leaving the distance to be
cut for the canal five miles. The lake being thirteen feet higher
than Indian river, a lock will be necessary to prevent turning
the waters of the St. Johns river and Lake Washington in that
direction.
Indian river averages about two miles in width, .and has a
navigable chAnnel for a distance of about fifty miles, from which
point to Jupiter more or less obstructions occur, caused by oys-
ter and. conch banks, which you will find difficult and expensive
to remove. The river is so straight for one hundred and fifty
miles that a straight line drawn through its centre would not
touch either side. It is a beautiful river, and is skirted on either
side by a variety of lands-hammock, savannahs, and piney
woods.
I know of no section of our country where the lands can be so
easily and so cheaply transformed from a state of nature to fine
cultivated groves and fields as along this line of inland water,
or so good and reliable means of transportation for the products
thereof, as the improvement of these waters will give. It will
open up a rich country, now almost inaccessible, for a distance
of about 750 miles.
The question will undoubtedly be asked, "Why, if this is so
fine a country, has it been so long unimproved ?" The answer-
is a simple one, and will be easily comprehended by a moment's
reflection. The time has been when there were more people
settled here than there are now, but the Indian wars have raged
here from time to time, down to as late a period as 1857, and l
these, followed by the late war, has not only prevented settle-
ments, but has driven away many who had chosen this as their
permanent home. The Indians now number about 600, and
from all appearances are quiet, civil, and law-abiding. I believe
they are now allowed by the laws of the State, representation in
the Legislature.

94

The Indian, up to this time, with the wild beasts of the forest,
have had full sway; now, however, but one of these tribes here--
tofore roaming here remains ; the other two have gone to the
far West.
The day has come when the remaining one must become civil,
ized or give place to advancing civilization.
The result of the suspension of war is now showing itself, and
evidences of improvement are manifest at many points along
these inland waters. Among those of the more prominent are
Messrs. Williams & Co., on Indian river, where they are planting
a grove of ten thousand orange trees and a great variety of
"other fruits; and that of Hon. W. H. Hunt, of Miami, who is
improving on a much larger scale.
And now, sir, having given you this brief outline of the con-
templated canal and the country through which it is to pass, I
proceed to what comes more particularly under my instructions,
viz: The practicability and cost of constructing the canal. The
enterprise is entirely practicable, if we speak with reference sole-
ly to the time and money required to build it. I will, however,
that you may have a more full understanding of the work to be
done, take section by section and give the estimated quantities
of material to be removed and the price for doing it.
You are aware that I had neither the time nor the necessary
instruments to make an accurate survey and estimate, and can
therefore only give what, in my judgment, will fully cover both.
I shall aim to estimate its cost high enough to cover any con-
tingency, preferring to err, if at all, upon the right side.
Beginning at Palatka, we find as high up as Lake Harney but
two or three points needing anything done. The work on this
section I estimate at 10,000 cubic yards.
From Lake Harney to Lake Washington the work to be done
is estimated at 176,000 cubic yards.
From Lake Washington to Elbow creek, five miles, estimated
at 733,333 cubic yards, and of this amount 205,333 cubic yards
are estimated as rock; and for grubbing and clearing, twenty
thousand dollars.
From the mouth of Elbow creek to Jupiter inlet you will find
the oyster and conch bank obstruction, which I estimate at 60,-
000 cubic yards.
From Jupiter inlet to Lake Worth, six miles long, estimated
at 485,760 cubic yards.
No work required on Lake Worth, good water all the way.
From the south end of the lake to the head of Biscayne Bay,
a series of cuts and river channels occur, about twenty miles
long, which I estimate at 2,378,370 cubic yards.
From Biscayne Bay to Key West, 50,000 cubic yards.

95

Earth excavation, 3,628,130 cub. y'dsat40cts. $1,421,252:
Rock, 205,333 $2 410,666
Oyster and Conch Bank, 60,000 cub. y'ds at $1 60,000
Grubbing and Clearing, - - 20,000
Lock, -- - - 30,000

Total, - - - $1,941,918
Hoping the above report will meet with your approval, I re-
main,
Very respectfully yours,
JoII J. FLANAGAN,
W. H. GLEASON.

Was read, and on motion of Mr. Scott, ordered to be spread
"upon the journals with the accompanying report.
Onmotion, Mr. Stewart was excused from attendance on the
Assembly to-day.

ORDERS OF THE DAY.
Bill No. 20:
A bill to be entitled An Act for the Relief of George J. Ar-
now, late Solicitor of the Suwannee Circuit of Florida,
Was read the third time, and put upon its passage.
The vote was:
Yeas-Messrs. Bostick, Black, Cox, Cruce, Filer, Forward, For-
tune, Graham, Green of Manatee, Harris, Hill, Hodges, Keene,
Lee, McAuley, McKinnon, McMillin, Mills, Moore of Columbia,.
Oliver, Pearce, Pitman, Powell, Rodgers, Simpson, Smith, Stone,
Urquhart, Walker, Watson, Wells, and White-32.
Nays-Messrs. Bogue, Bradwell, Cheshire, DeLaney, Greeno,
Melvin, Moore of Hillsborough, Osgood, Pons, Robinson, Scott,,
Thompson, and Varnum-13.
The bill passed.
Bill No. 26:
A bill to be entitled An Act for the Payment of Tax Asses-
sors for Enrolling the Militia of this State,
Was read the third time.
On motion of Mr. McKinnon, was placed back upon its second
reading, and recommitted to Committee on Finance and Taxa--
tion.
Bill No. 28:
A bill to be entitled An Act to exempt Apothecaries and
Druggists from Militia and Jury Duty,
Was read the first time, and referred to Judiciary Committee.
Bill No. 17:

A bill to be entitled An Act to fix and define the Boundary
Lines of Volusia county,
Was read the second time, and ordered engrossed.
Bill No. 24:
A bill to be entitled An Act to Incorporate the St. James
Hotel Company,
Was read the second time.
Mr. Simpson, of Marion, offered the following as an additional
section:
That said company be required to have a large and spacious
kitchen for the special accommodation of colored people;
Which was read and adopted.
On motion of Mr. Varnum, of Escambia, the rule was waived,
and the bill read the third time.
MIr. Fortune moved to waive the rule, and the bill be placed
back upon its second reading.
Not agreed to.
The bill was put upon its passage.
The vote was:
Yeas-Messrs. Bradwell, Cox, Cruce, Forward, Harris, Hill,
and Lee-7.
Nays-Messrs. Bogue, Bostick, Black, Cheshire, DeLaney,
Filer, Fortune, Graham, Green of Manatee, Greeno, Hodges,
Keene, McAuley, McKinnon, MeMillin, Melvin, Mills, Moore of
Columbia, Moore of Hillsborough, Oliver, Osgood, Pearce, Pons,
Robinson, Rodgers, Scott, Simpson, Smith, Stone, Urquhart,
Yarnum, Walker, Watson, Wells, and White-35.
The Sill did not pass.
Mr. Scott, of Duval, moved to reconsider the vote taken on
20th January, upon the passage of Assembly Bill No. 24 ;
Which was placed among the orders of the day for to-morrow.
Bill No. 3:
A bill to be entitled An Act relating to Cities,
Was read the second time, and ordered for a third reading on
to-morrow.
Resolution No. 12:
A Joint Resolution relinquishing to Orange county the State
Taxes for the year 1870,
Was read the second time, and referred to Committee on Fi-
nance and Taxation.
Bill No. 30 :
A bill to be entitled An Act to repeal the fifteenth section of
the Revenue Law, approved January, 1869.
"Was read the second time, and on motion of Mr. McKinnon,
laid on the table.
Bill No. 32 :

A bill to be entitled An Act to Incorporate the Pensacola
City Company.
Was read the first time, and referred to Committee on Cor-
porations.
Bill No. 29 :
A bill to be entitled An Act to incorporate the Fire Depart-
ment of the City of Tallahassee,
Was read first time, and on motion of Mr. Fortune, referred
to Committee on Corporations.
On motion of Mr. Varnum, of Escambia, the following were
added to special Committee on Township Maps :
Messrs. Fortune and Watson.
On motion, the Assembly adjourned until to-morrow morn-
ing 10 o'clock.

FRIDAY, January 21, 1870.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names :
Mr. Speaker, Messrs. Bostick, Bradwell, Black, Cheshire, Cox,
Cruce, DeLaney, Filer, Forward, Fortune, Graham, Green of
Manatee, Greeno, Harmon, Harris, Hill, Hodges, Keene, Lee,
McAuley, McKinnon, McMillin, Melvin, Mills, Moore of C.lum-
bia, Moore of Hillsborough, Oliver, Osgood, Pitman, lPons,
Raney, Rodgers, Scott, Simpson, Smith, Stewart, Stone, T'omp-
son, Urquhart, Varnum, Walker, Watson, Wells, and AIite-
45.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Scott, the reading of yesterday's journal
Twas dispensed with, and the journal approved.

RESOLUTIONS.

By Mr. Green, of MaIatec:
WHEREAs, It is reported to members of this Assembly, and
throughout the State, by what seems to be good authority, and
upon what seems to be sufficient cause for action by this body,
that Harrison Reed, Governor, is guilty of high crimes and mis-
demeanors in office; therefore,
-Be it Resolved, That a committee of five be appointed to in-
vestigate and examine into the charges of incompetency, mal-
feasance, and other grave allegations against Harrison Reed,
Governor; and that said committee take evidence, under oath,
7

98

and have authority to send for persons and papers, and report
to this body their doings in the premises, with such recommend-
ation for the action of the Assembly as they may deem neces-
sary and proper.
Was read.
Mr. Moore, of Columbia, offered the following as a substitute:
.Resolved, That a committee of seven, consisting of E. J. Har-
ris, John R. Scott, James Green, F. N. B. Oliver, E. Fortune,
Geo. P. Raney and Josiah A. Lee, be appointed as a Committee
of Investigation, to inquire into the charges against Governor
Reed. That this committee shall have full power to send for
persons and papers, to examine witnesses, and to take all steps
necessary and proper to the full discharge of its duties; and
that it shall report the result of its labors to this Assembly at.
as early a day as possible.
Resolved further, That Governor Reed shall be allowed to
appear at any time before said committee, during said investi-
gation, personally and by counsel;
Which was read.
Mr. Fortune moved to lay the substitute on the table;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bostick, Bradwell, Cheshire, Cox, Filer,
Forward, Green of Manatee, Hill, McAuley, McKinnon, IMcMil-
lin, M'elvin, Mills, Moore of Hillsborough, Oliver, Pearce, Pit-
man, Rayey, Rodgers, Simpson, Smith, Stewart, Stone, Urquhart,
Varnum, Walker, Watson, and White-29.
Nays-Messrs. Bogue, Black, Cruce, DeLaney, Fortune, Gra-
ham, Greeno, Harmon, Harris, Hodges, Keene, Lee, 'Moore of
Columbia, Osgood, Pons, Robinson, Scott, Thompson, and
Wells-19.
Motion to lay on the table agreed d to.
Mr. Scott offered the following amendment: After the words
"be appointed insert by the House."
Mr. McKinnon moved to lay on the table;
Upon which the yeas and nays were called for and were:
Yeas-M.essrs. Bostick, Bradwell, Cheshire, Cox, Filer, For-
ward, Green of Manatee, Hill, McAuley, McKinnon, Melvin.
Moore of Hillsborough, Pons, Raney, Rodgers, Simpson, Smith,
Stewart, Stone, Urquhart, Varnum, Walker, Watson, and
White-24.
Nays-Messrs. Butler, Bogue, Blach, Cruce, DeLaney, For-
tune, Graham, Greeno, Harmon, Harris, Hodges, Keene, Lee,
McMillin, Mills, Moore of Columbia, Oliver, Osgood, Pearce,.
Pitman, Robinson, Scott, and Wells-23.
On motion, Mr. Green's resolution was adopted.

By Mr. Fortune, of Jackson :
Resolved, That to secure a fair and thorough investigation of
certain charges made against Governor Reed, the following
named gentlemen shall constitute a committee of investigation
on the part of the House: E. J. Harris, James Green, E. 'For-
tune, Geo. P. Raney, J. A. Lee.
Was read.
Mr. Butler moved to lay the resolution on the table.
Agreed to.
By Mr. Hodges, of Duval:
Joint Resolution authorizing Abraham Slager and associates
to establish and carry on the business of Pawnbrokers, and to
prescribe licenses for the same.
Was read by title, and placed among the orders of the:day.

BILLS INTRODUCED.
By Mr. Green, of Manatee:
A bill to be entitled An Act in relation to the compensation
of State's Attorneys.
By Mr. White, of Clay :
A bill to be entitled An Act to provide for the more effectual
administration of Justice in the County Courts in this State.
Which were received and placed among the orders of the
day.
Mr. McKinnon, of Walton, introduced a bill to be entitledAAn
Act in relation to Evidence,
Which was received and placed among the orders of the
day.
COMMITTEE REPORTS.
The Committee on Corporations, to whom was referred An
Act to incorporate the East Florida Land Company, having re-
considered the same, beg leave to report the bill back to the
House and recommend its passage.
W. W. MOORE, Chairman,
AUBURN Ewivx,
ROBErT Cox,
F. N. B. OLIVER,
Wa. B. WHITE.
Was read, and the bill placed among the orders of the day.
TALLAHASSEE, Fla., January 21, 1870
Hon. M. L. STEARNS, Speaker of the Assembly:
SIR : The Committee on Engrossed Bills beg leave to report

100

as correctly engrossed, Assembly Bill No. 17, An Act entitled
An Act to Fix and Define the Boundary Lines of Volusia Coun-
ty. Respectfully,
E. FORTUNE, Chairman.
Was read.
COMMNITTEE ROOMr, January 20, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Your Select Committee having had under consideration As-
sembly Joint Resolution No. 8, entitled A Joint Resolution de-
claring Certain Acts of the Trustees of the Internal Improve-
ment Fund Null and Void, beg leave to report back the same,
and recommend that it pass.
Respectfully submitted.
JoHN R. SCOI'r, Chairman,
JAS. D. GREEN,
S. WALKER,
H. H. FORWARD.
Was read, and the resolution placed among the orders of the
day.
Pursuant to the resolution offered by Mr. Green, of Manatee,
and adopted by the Assembly, the Speaker appointed Messrs.
James D. Green, of Manatee, George P. Raney, of Franklin, John
Simpson, of Marion, H. H. Forward, of Putnam, and William
B. White, of Clay, Committee of Investigation.
The following communication was received:

OFFICE OF SUPERINTENDENT OF PUBLIC IxSTRUCTION, ]
TALLAHASSEE, Fla., January 20, 1870. ,
Hon. M. L. STEARNS, Speaker of the Assembly:
Sin: In reply to the resolution asking for my report, I have
the honor to inform you that it was handed to his Excellency the
Governor two days before the meeting of the Legislature, and I
suppose was presented by him with his own message.
I would take the occasion to remark that a thousand copies
are needed for the school officers and for distribution among the
people; also that two hundred and fifty copies are needed by
this office for exchanges, and to meet calls from other States for
information by persons who contemplate settling here.
I have the honor to be,
Very respectfully, your obedient servant,
C. THUIRSTON CHASE,
Superintendent Public Instruction.

Was read, and ordered to be spread upon the journal.
The following message was received from his Excellency the
Governor:

	Title Page
	January 1870
	February 1870
	Appendix

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