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

ASSEMBLY JOURNAL.

A JOURNAL

OF THE

PROCEEDINGS OF THE ASSEMBLY

OF THE

STATE OF FLORIDA,

AT ITS C

FOURTH SESSION: -

nBegun and Ield in the Capitol, in the City o9riulln-
hassee, on Tuesday, January 3, i m? .

MARCUS L. STEARNS, (OF GADSDEN,) SPEAKER.
IARRY E. RUSSELL, (oF MAmION,) C.LEK.

TALLAHASSEE:
OIIAS. H. WALTON, STATE PRINTER.
1871.

F ^ ; *

4rA se.^,
44

/.7: 71/

JOURNAL,

SOf the Assembly of the State of Florida, at the Fourth Session
of the Legislature, begun and held at the Capitol, in the. City
of Tallahassee, in the State of Florida, on Tuesday the 3d
day of .Tanuary, A. D. 1871, being the y.,i Ji..'. ,i by the Con-
stitution of the ..'.i. of J rlorilda for the n.eting of the Legis-
.lature.

.The Assembly was called to order at 12 o'clock it., by John
W. Tompkins, first assistant clerk.
The clerk called the roll of members as certified by the Secre-
tary of State, to wit:
Allen, E. A., Hernando county; Alexander, A. II., Volusia
county; Brown, Joseph, Hillsborough county; Barfield, F.,
Jackson county; Boyd, Samuel, Nassau county; Butler, John
W., Santa Rosa county; Cessna, William K., Alachua county;
Chalker, J. D., Baker county; Cruse, Harry, Gadsden county;
Coleman, Oliver J., Madison county; Campbell, D. L., Walton
county ; Duke, William M., Columbia county; Daniels, William
II., Marion county; Flowers, Andrew J., Columbia county;
Frink, William P., Hamilton county; Gass, Theodore C., Ala-
chua county; Green, William F., IIolmes county; Graham, Noah,
Leon county; Gillis, Calvin, Putnam county; Hull, William,
Clay county; Hiers, Charles F., Levy county; Hendry, W. M.,
Polk county; Johnson, James W., Jefferson county; Jasper,
Scipio T., Marion county; Livingston, B. F., Jackson county;
Logan, Ephraim, Jefferson county; McInnes, Daniel, Duval
county; McLean, James C., Jackson county; Mills, William,
Orange county; McRac, William, Wakulla county; Neal, W.
M. C., Liberty county; Orman, W. T., Franklin county; Os-
good,Alfred 3., Madison county; Oliveros, B. F., St. John's
county; Rhodes, Lemuel B., Bradford county; Roberts, James
B., Escambia'county; Scott, John R., Duval county; Stearns,
R. A., Escambia county; Stearns, M. L., Gadsden county;
Thompson, Washington, Jefferson county; Wyatt, John W.,
Leon county; Wells, Richard H., Leon county; Wallace, John,
Leon county; Worthington, Greenwood, Washington county.

15^i 6b

/ 4

The following members answered to their names and were
sworn in by Hon. T. T. Long, judge 4th judicial circuit.
Allen, E. A., Hernando county; Alexander, A. H., Volusia
county; Brown, Joseph, Hillsborough county; Barfield, F.,
Jackson county; Boyd, Samuel, Nassau county; Butler, John
W., Santa Rosa county; Cessna, William K., Alachua county;
Chalker, J. D., Baker county; Cruse, Harry, Gadsden county;
Coleman, Oliver J., Madison county; Campbell, D. L., Walton
county; Duke, William M., Columbia county; Daniels, William
H., Marion county; Flowers, Andrew J., Columbia county;
Frink, William P., Hamilton county; Gass, Theodore C., Ala-
chua county; Green, William F., Holmes county; Graham, Noah,
Leon county; Hull, William, Clay county; Hiers, Charles
F., Levy county; Hendry, W. M., Polk county; Johnson, James
W., Jefferson county; Jasper, Scipio, T., Marion county; Liv-
ingston, B. F., Jackson county; Logan, Ephraim, Jefferson
county; McInnes, Daniel, Duval county; McLean, James C.,
Jackson county; Mills, William, Orange county; McRae, Wil-
liam, Wakulla county; Neal, W. M. C., Liberty county; Os-
good, Alfred B., Madison county; Oliveros, B. F., St. John's
county; Rhodes, Lemuel B., Bradford county; Roberts, James
B., Escambia county; Scott, John R., Duval county; Stearns,
R. A., Escambia county; Stearns, M. L., Gadsden county;
Thompson, Washington, Jefferson county; Wyatt, John W.,
Leon county; Wells, Richard H., Leon county; Wallace, John,
Leon county; Worthington, Greenwood, Washington county.
On motion of Mr. Cessna, of Alachua, the rules governing the
last Legislature were adopted as the rules of the present Legis-
lature.
Mr. McLean, of Jackson, moved to adjourn until to-morrow,
at 10 o'clock.
Which was not agreed to.
Mr. Cessna moved that the Legislature proceed to a perma-
nent organization;
Which was agreed to.
Mr. McLean moved to adjourn until to-morrow at 10 o'clock;
Which was not agreed to.
Mr. Scott, of Duval, moved that the Assembly do not adjourn
until permanently organized:
Which was agreed to.
On motion of Mr. Butler, of Santa Rosa, Messrs. W. H.
Gleason, of Dade, E. M. Graham, of Manatee, Wm. D. Sears, of
LaFayette, and Jas. W. Yearty, of Calhoun, came forward and
were sworn in by Mr. Edwards, clerk of the circuit court for
Leon county.
The Assembly proceeded to permanent organization.

5

Mr. Cessna nominated Mr. M. L. Stearns of Gadsden, for
Speaker of the Assembly.
Mr. McLean, nominated E. M. Graham of Manatee.
The vote was as follows :
Those voting for Stearns, were-
Messrs. lEarfield, Boyd, Butler, Cessna, Cruse, Coleman,
Daniels, Gass, Graham, of Leon, Johnson, Jasper, Livingston,
Logan, McInnes, Osgood, Scott, Stearns, of Escambia, Thomp-
son, Wyatt, Wells, Wallace, Gleason, Sears, and Yearty.-23.
Those voting for Graham, were-
Messrs. Allen, Alexander, Brown, Chalker, Campbell, Duke,
Flowers, Frink, Green, Hull, Hendry, McLean, Mills, McRae,
Neal, Oliveros, Roberts, and Worthington-18.
Mr. Stearns, having received a majority of the votes cast, was
declared Speaker of the Assembly.
On motion the Assembly proceeded to the election of chief
clerk.
Mr. Osgood nominated Harry E. Russell.
Mr. McLean nominated W. F. Bynum.
The vote was as follows:
Those voting for Russell were-,
Mr. Speaker, Messrs. Boyd, Butler, Cessna, Cruse, Coleman,
Daniels, Gass, Graham of Leon, Johnson, Jasper, Livingston,
Logan, McInnes, Osgood, Scott, Stearns of Escambia, Thomp-
son, Wyatt, Wells, Wallace, Scars, Gleason, and Yearty-24.
Those voting for Bynum were-
Messrs. Allen, Alexander, Brown, Chalkner, Campbell, Duke,
Flowers, Frink, Hull, Hendry, McLean, Mills, McRae, Neal,
Oliveros, Roberts, Worthington, Graham of Manatee, and
Green-10.
Mr. Russell having received a majority of all votes cast, was
declared elected chief clerk.
On motion the Assembly proceeded to the election of first
assistant clerk.
Mr. Wyatt nominated John W. Tompkins.
Mr. McLean nominated L. M. Gamble.
The vote was as follows:
Those voting for Tompkins were-
Messrs. Barfield, Boyd, Butler, Cessna, Cruse, Coleman, Duke,
Daniels, Gass, Graham of Manatee, Hull, Johnson, Jasper, Liv-
ingston, Logan, McInnes, Osgood, Scott, Stearns of Escambia,
Thompson, Wyatt, Wells, Wallace, Graham of Leon, Gleason,
Sears, and Yearty-27.
Those voting for Gamble were-
Messrs. Allen, Alexander, Brown, Chalker, Campbell, Flow-
ers, Frink, Green, Hendry, McLean, Mills, McRae, Neal, Olive-
ros, Roberts, and Worthington-16.

Mr. Tompkins having received a majority of votes cast, was
declared elected first assistant clerk.
Mr. Gleason offered the following resolution:
Resolved, That the secretary employ such other assistant
clerks as he may find necessary, and that the clerks so employed
be paid by the folio, recording and engrossing at the rate of
fifteen cents per folio, and enrolling at twenty-five cents per folio;
Which was adopted.
On motion the Assembly -proceeded to the election of Ser-
geant-at-arms.
Mr. Cessna nominated S. E. Stewart.
Mr. Flowers nominated G. R. Ogden.
The vote was as follows :
Those voting for Stewart were-
Messrs. Boyd, Butler, Cessna, Cruse, Coleman, Daniels, uass,
Graham of Leon, Johnson, Jasper, Livingston, Logan, McInnes,
Osgood, Scott, Stearns of Escambia, Thompson, Wyatt, Wells,
Wallace, Gleason, Sears, and Yearty-23.
Those voting for Ogden wer--
Messrs. Allen, Alexander, Brown, Chalker, Campbell, Duke,
Flowers, Frink, Green, Graham of Manatee, Hull, Hendry, Mc-
Lean, Mills, MeRae, Neal, Oliveros, Roberts, and Worthington
-19.
Mr. Stewart, having received a majority of votes cast, was de-
clared elected Sergeant-at-arms.
On motion, the Assembly went into election of assistant ser-
geant-at-arms.
Mr. Butler nominated H. J. Yearty.
Mr. Duke nominated G. R. Ogden.
The vote was as follows:
Those voting for Yearty were-
Messrs. Boyd, Butler, Cessna, Cruse, Coleman, Daniels, Gra-
ham of Leon, Johnson, Jasper, Livingston, Logan, McIinnes,
Osgood, Scott, Stearns of Escambia, Thompson, Wyatt, Wells,
Wallace, Gleason, Sears, Yearty and Gass-23.
Those voting for Ogden were-
Messrs. Allen, Alexander, Brown, Chalker, Campbell, Duke,
Flowers, Frink, Green, Graham of Manatee, Hull, Hiers, Hen-
dry, McLean, Mills, McRa-c, Neal, Oliveros, Rhodes, Roberts,
and Worthington-21.
Mr. Yearty, having received a majority of the votes cast, was
declared elected assistant sergeant-at-arms.
On motion, the Assembly proceeded to the election of door-
keeper.
Mr. Graham, of Leon, nominated L. Fisher.
Mr. Oliveros nominated G. C. Townsend.
The vote was as follows:
Those voting for Fisher were-

Mr. Speaker, Messrs. Boyd, Butler, Cessna, Cruse, Coleman,
Daniels, Gass, Graham of Leon, Johnson, Jasper, Livingston,
Mclinnes, Osgood, Scott, Stearns of Escambia, Thompson, Wv-
att, Wells, Wallace, Gleason, Sears, and Yearty-23.
Those voting for Townsend were-
Messrs. Allen, Alexander, Brown, Barfield, Chalker, Camp-
bell, Duke, Flowers, Frink, Green, Graham of Manatee, Hull,
Hiers, Hendry, McLean, Mills, McRea, Neal, Oliveros, Rhodes,
Roberts, and Worthington--22.
Mr. Fisher, having received a majority of the votes cast, was
declared elected doorkeeper.
On motion, the Assembly proceeded to the. election of chap-
lain.
Mr. Scott nominated Rev. Win. G. Stewart.
J Mr. IIiers nominated Rev. Du Bose.
The vote was as follows:
Those voting for Stewart were-
Messrs. Boyd, Butler, Cessna, Cruse, Coleman, Daniels, Gass,
Graham of Leon, Johnson, Jasper, Livingston, Logan, McInnes,
Osgood, Scott, Stearns of Escambia, Thompson, Wyatt, Wells,
Wallace, Gleason, Sears, and Yearty-23.
Those voting for Dr. Du Bose were-
Messrs. Allen, Alexander, Brown, Bariield, Chalkner, Camp-
bell, Duke, Flowers, Frink, Crane, Graham of Manatee, Hull,
IIiers, IIendry, McLean, Mills, McRae, Neal, Oliveros, Rhodes,
Roberts, and Worthington-22.
Mr. Stewart, having received a majority of votes cast, was de-
clared elected chaplain.
On motion, Mr. Crane, member elect from Monroe, came for-
ward and was sworn in by the Speaker.
Mr. Graham, of Manatee, moved that Mr. Bevil, of Sumter,
come forward and be sworn in;
Which was not agreed to.
Mr. Gleason moved that the chief clerk be authorized to.ap-
point a messenger to bp known as the clerk's messenger, and
that the Speaker be authorized to appoint two for the House,
none of whom to be over 15 years of age;
Wh-ich was agreed to.
On motion of Mr. Scott, the Assembly adjourned until to-
morrow morning at 10 o'clock.

STANDING RULES OF THE ASSEMBLY.

OF THE DUTIES AND POWERS OF THE SPEAKER.
RULE 1. The Speaker shall take the Chair every day at the
hour to which the Assembly shall have adjourned; shall call the
members to order; and, on the appearance of a quorum, shall
proceed to business.
RULE 2. He shall preserve decorum and order; may speak to
points of order in preference to other members; and shall decide
all questions of order, subject to an appeal to the Assembly by
motion regularly seconded; and no other business shall be in
order till the question on the appeal shall have been decided.
RULE 3. He shall declare all votes, but if any member rises
to doubt a vote, the Speaker shall order a return of the number
voting in the affirmative and in the negative, without any fur-
ther debate upon the question.
RULE 4. He shall rise to put a question, or to address the
Assembly, but may read sitting.
RULE 5. In all cases the Speaker may vote.
RULE 6. When the Assembly shall determine to go into a
committee of the whole Assembly, the Speaker shall appoint the
member who shall take the Chair.
RULE 7. On all questions and motions whatsoever, the Speaker
shall take the sense of the Assembly by yeas and nays, provided
two of the members present shall so require. When the yeas
and nays are taken, the roll of the Assembly shall be called in
alphabetical order, and no member shall be allowed to vote who
shall not be upon the floor of the Assembly at the time his name
is called, or before the roll-call is finished.
RULE 8. He shall propound all questions in the order in which
they are moved, unless the subsequent motion be previous in its
nature, except that, in naming sums and fixing times, the largest
sum and longest time shall be put first.
RULE 9. After a motion is stated or read by the Speaker, it
shall be deemed to be in possession of the Assembly, and shall
be disposed of.by vote of the Assembly, but the mover may
withdraw it at any time before a decision or amendment, except
a motion to reconsider, which shall not be withdrawn after the
time has elapsed within which it could be originally made.
RULE 10. When a question is under debate, the Speaker shall
receive no motion but to adjourn, to lay on the table, for the
previous question, to postpone to a day certain, to commit, to
amend, or to postpone indefinitely; which several motions shall
have precedence in the order in which they stand arranged; and

9

a motion to strike out the enabling clause of a bill shall be equiv-
alent to a motion to postpone indefinitely.
RULE 11. He shall consider a motion to adjourn as always
first in order; and that motion, and the motions to lay on the
table, to take up from the table, and for yeas and nays, shall be
decided without debate.
RULE 12. He shall put the previous question in the following
form: Shall the main question be now put ?" and all debate
upon the mai-i question and pending amendments shall be sus-
pended until the previous question shall be decided. After the
adoption of the previous question, the sense of the Assembly
shall forthwith be taken on pending amendments in their regular
order, and then upon the main question.
RULE 13. On the previous question there shall be no debate.
RULE 14. When two or more members happen to rise at once
the Speaker shall name the member who is first to speak.
RULE 15. All committees shall be appointed and announced
by the Speaker, unless otherwise specially directed by the As-
sembly.
RULE, 16. The Speaker shall have the right to name any mem-
ber to perform the duties of the Chair, but such substitution
shall not extend beyond an adjournment.

OF TIE DUTIES, RIGHTS AND DECORUM OF THE MEMBERS.
RULE 17. Every member, when about to speak, shall rise and
respectfully address the Speaker; shall confine himself to the
question under debate, and avoid personality, and shall sit down
when he has finished. No member shall speak out of his place
without leave of the Speaker.
RULE 18. No member speaking shall be interrupted by an-
other, but by rising to call to order.
RULE 19. NO member shall speak more than twice on one
question, without first obtaining leave of the Assembly; nor
more than once, until the other members who have not spoken,
shall speak, if they desire it.
RULE 20. When a vote has passed, it shall be in order for
any member of the majority to move for a reconsideration
thereof, on the same or the succeeding day; and such motion
(except in the last week of the session) shall be placed first in
the orders of the day for the day succeeding that on which the
motion is made; and when a motion for reconsideration is de-
cided, that decision shall not be reconsidered, and no question
shall be twice reconsidered: Provided, however, That a motion
to reconsider a vote, upon any collateral matter, shall not re-
move the main subject under consideration from before the
Assembly, but shall be considered at the time when it is made.
"2

10

RULE 21. Bills, resolves, and other papers, except orders of
notice, in reference to which any member has a right to move a
reconsideration, shall remain in the possession of the Clerk, un-
til the right of reconsideration has expired; Provided, That the
operation of this rule shall be suspended during the last week of
the session.
RULE 22. No member shall be obliged to be on more than
two committees at the same time, nor Chairman of more than
one.
RULE 23. No member shall be permitted to stand up, to the
interruption of another, while any member is speaking, or to
pass unnecessarily between the Speaker of the Assenmbly and
the person speaking; nor shall any member be permitted in the
alleys or in the area in front of the Chair, during the session of
the Assembly.
RULE 24. All proceedings of the Assembly with closed doors,
and every matter relating to the same, shall be kept secret un-
til after the Assembly shall remove the injunction of secrecy.
RULE 25. Every member who shall neglect to give his atten-
dance in the Assembly for more than six days after the session
commences, shall, on making his appearance therein, be held to
render the reason of such neglect; and in case the reason as-
signed shall be deemed by the Assembly sufficient, such member
shall be entitled to receive pay for his travel, and not otherwise;
and no member shall be absent more than one day without
leave of the Assembly, and a vote of leave of absence shall be
inoperative, unless the member obtaining it shall avail himself
of it within five days.
RULE 26. When any member shall be guilty of a breach of
either of the rules and orders of the Assembly, he may be re-
quired by the Assembly, on motion, to make satisfaction there-
for, and shall not be allowed to vote or speak, except by way of
excuse, till he has done so.
RULE 2T. No member shall be permitted to vote, or serve on
any committee, in any question where his private right is im-
mediately concerned, distinct from the public interest.
RULE 28. Every member who shall be in the Assembly when
a question is put, where he is not excluded by interest, shall
give his vote, unless the Assembly, for special reasons, shall ex-
cuse him. Any member desiring to be so excused on any ques-
tion, shall make application to that effect before the Assembly
is divided, or before the calling of the yeas and nays; and such
application shall be accompanied by a brief statement of reasons,
and shall be decided without debate.
RULE 29. Every motion shall be reduced to writing, if the
Speaker shall so direct.
RULE 30. Any member may call for the division of a ques-
tion when the sense will admit of it. A motion to strike out

11

and insert shall be deemed indivisible; but a motion to strike
out being lost, shall neither preclude amendment nor a motion
to strike out and insert.
RULE 31. Motions and reports may be committed, or recom-
mitted, at the pleasure of the Assembly.
RULE 32. No motion or proposition of a subject different
from that under consideration shall be admitted under color of
amendment.
RULE 33. The unfinished business in which the Assembly was
engaged at the time of the last adjournment, shall have the
preference in the orders of the day, next after- motions for re-
consideration.
RULE 34. No rule or order of the Assembly shall be dis-
pensed with, or repealed, unless a majority of the members pres-
ent shall consent thereto.
RULE 35. When a vote is doubted, the members-for or against.
the question, when called on by the Speaker, shall rise and stand
uncovered till they are counted.
RULE 38. All questions relating to the priority of business to'
be acted upon, shall be decided without debate.
RULE 37. When a motion is made to refer any subject, and
different committees shall be proposed, the question shall be ta-
ken in the following order : A Standing Committee of the As--
sembly ; a Joint Standing Committee; a Select Committee; a
Joint Select Committee.
RULE 38. It shall be the duty of each member of the Assem-
bly who moves that any Standing Committee be instructed to
inquire into the expediency of amending an existing law or laws,
to point out the amendment which he deems expedient, in
writing, to accompany his motion, or to furnish a written state-
ment thereof to such committee, if by them required.
RULE 39. No stranger shall be admitted to the seats of mem-
bers, or upon the floor of the Assembly, without leave of:the
speaker, or consent of the Assembly.
OF PETITIONS, MEMORIALS, ETC.
RULE 40. All papers addressed to the Assembly, except pe-
titions, memorials, and remonstrances, shall be presented by the
Speaker, or by a member in his place, and shall be read by the
Speaker, Clerk, or such other person as the speaker may re-
quest, and shall be taken up in the order in which they were
presented, unless where the Assembly shall otherwise direct.
RULE 41. Every member presenting to the Assembly a peti-
tion, memorial, or remonstrance, shall endorse his name thereon,
with a brief statement of the nature and object of the instru-
ment, and the reading of the same from the Chair shall, in all
instances, be dispensed with, unless specially ordered by the
Assembly.

12

RULE 42. All reports, petitions, memorials, remonstrances,
and papers of a like nature, shall be presented during the first
hour of each session of the Assembly, and at no other time ; and
the Speaker shall call on the several divisions, in regular suc-
cession, for such papers.
RULE 43. All applications for the use of the Assembly Cham-
ber shall be made to, and decided upon by, the Committee on
Public Buildings, subject, however, to the control and order of
the Assembly,
ON BILLS, RESOLUTIONS AND GRANTS.
RULE 44. Every bill, and all resolutions of .a public nature,
or for the appropriation of the public money, shall receive three
readings previously to the final passage of such bill or resolu-
tion; and the Clerk shall give notice of each, whether it be the
first, second or third readings, which readings shall be on three
different days, unless two-thirds of the members present shall
determine otherwise.
RULE 45. All bills and resolves shall be written in a fair
round hand, without interlineations, on not less than one sheet
of paper, with suitable margins and spaces between the several
sections or resolves.
RULE 46. At the second reading of any bill or resolution, it
shall be in order for any member to move its commitment to a
Committee of the Whole House; that it lay on the table; for
its indefinite postponement; for its postponement to a day cer-
tain not beyond the session; for its commitment to a Standing
Committee; to a Select Committee; or to amend ; which mo-
tions shall have precedence in the order above stated.
RULE 47. It shall not be in order to amend the title of any
bill or resolution until it shall have passed its third reading.
RULE 48. All bills or resolutions to be engrossed shall be exe-
cuted in a fair round hand, and without erasure or interlineations.
RULE 49. Before a bill or resolution requiring three readings
shall be read the third time, it shall be carefully engrossed un-
der the direction of the Committee on Engrossed Bills, and -p-
on the third reading of the bill or resolution it shall not be com-
mitted or amended without the consent of a majority of the
members present.
RULE 50. When a bill or resolution shall have passed its third
reading; it shall be certified by the Clerk, endorsing thereon the
day of its passage, and be transmitted ;to the Senate, accompa-
nied with a message stating the title of the bill or resolution,
and asking the concurrence of that body, and the date of its
transmission entered upon the journal.
COMMITTEES-TIIEIR POWERS AND DUTIES.
RULE 51. Bills committed to a committee of the whole As-
sembly shall be read and debated, or amended by clauses or

13

sections, leaving the title or preamble to be last considered.-
The body of said bill shall not be interlined or defaced, but all
amendments, noting the page and line, shall be duly entered by
the Clerk on separate paper, as the same shall be agreed to by
the committee, and so reported to the Assembly. After report,
the bill shall again be subject to be debated and amended by
clauses or sections.
RULE 52. It shall be the duty of the Committee on Enrolled
Bills to report at any time.
OF COMMITTEES, TIEIR POWERS AND DUTIES.
RULE 53. The following Standing Committees shall be ap-
pointed at the commencement of the political year, viz.:
Judiciary, Education,
Finance and Taxation, Claims,
Incorporation, City and County Organization,
Militia, Legislative Expenditures,
Agricultural, Public Printing,
Enrolled Bills, Engrossed Bills,
Privileges and Elections, State Institutions,
Railroads, Public Lands,
Indian Affairs. Commerce and Navigation.
and each of these committees shall consist of five members.
RULE 54. All papers, relative to any business before the As-
sembly, shall be left with the Clerk, by any member who may
obtain leave of absence, and may have any such papers in his
possession.
RULE 55. The Chairman of any committee, except the Stand-
ing Committees, who shall have business referred to them, shall
make report of their doings therein, within four days after such
reference.
RULE 56. All committees may report by bill, resolve, or other-
wise.
RULE 57. Messages shall be transmitted to the Governor or
Senate by the Clerk or Sergeant-at-Arms.
RULE 58. Order of business.
1st. Motions.
2d. Petitions, memorials, and other papers addressed to either
the Assembly, or the Speaker thereof
3d. Resolutions.
4th. Reports of Standing Committees.
5th. Reports of Select Committees.
6th. Messages lying on the table.
"7th. Orders of the day.
RULE 59. The rules of Parliamentary Practice, comprised in
Jefferson's Manual, shall govern the Assembly in all cases to
which they are, applicable, and in which they are not inconsis-
tent with the Standing Rules, order of the Assembly, or the
Joint Rules of the two branches of the Legislature.

14

WEDNESDAY, January 4, 187..

The Assembly met pursuant to adjournment..
The roll being called, the following members' answered to
their names:
Mr. Speaker, Messrs. Allen, Alexander, Butler, Brown,
Boyd, Cessna, Chalker, Cruse, Crane, Campbell, Duke, Daniels,
Flowers, Frink, Gass, Gleason, Graham of Manatee, Graham of
Leon, Green, Hull, Hiers, Hendry, Johnson, Jasper, Livingston,
Logan, McInnes, McLean, Mills, McRae, Neal, Osgood, Olive-
ros, Rhodes, Roberts, Sears, Scott, Stearns of Escambia, Thomp-
son, Wyatt, Wells, Wallace, Worthington, and Yearty-45.
A quorum present.
Prayer by the chaplain.
The journal of yesterday read and approved.
A committee from the Senate appeared at the bar and in-
formed the Assembly that the Senate was organized and ready
for the transaction of business.
On motion of Mr. Osgood, a committee, consisting of Messrs.
Osgood, Cessna, and Oliveros, were appointed to inform the Sen-
ate that the Assembly was organized and ready for business.
The committee reported and were discharged.
On motion of Mr. Butler, a committee of three, consisting of
Messrs. Butler, Boyd, and McLean, were appointed to act with
a similar committee, on the part of the Senate, to wait upon his
excellency the Governor, and inform him that the Legislature
was organized and ready to receive any communication that he
may wish to make.
After a brief absence, the committee reported that, on to-mor-
row, his excellency, Harrison Reed, Governor of Florida, would
meet the Legislature in joint session, in the Assembly Hall, and
deliver his annual message.
The committee were discharged.
Mr. Gass offered the following resolution:
-Resolved, That the clerk be, and he is hereby, authorized to
procure and provide stationery for the use of the Assembly
until otherwise directed.
Which was read and adopted.
On motion of Mr. Cessna, members of the press were invited
to seats within the bar.
Mr. Cessna moved that one hundred copies of the Standing
Rules of the Assembly be printed for the use of the members.
Agreed to.
Mr. Gleason offered the following resolution:
-Resolved, That the Adjutant General be, and is hereby,-au-
thorized to purchase the necessary chairs, fuel, and -lights,

15

-and other materials, for the use of the Assembly and the Capitol
;building, and have made all necessary repairs on desks;
Which was read and adopted.
Mr. Scott offered the following joint resolution:
Resolved, By the Assembly, the Senate concurring, that the
two houses meet in joint session to-morrow at 11 o'clock a.m., for
the purpose of hearing the message of his excellency the Gov-
ernor;
Mr. Gleason moved that Mr. Bevil, member elect from Sum-
ter county, be sworn in as a member of this Assembly;
Which was agreed to.
On motion of Mr. Butler, Mr. Paine, member elect from Bre-
vard, came forward and was sworn in as a member of the As-
sembly by the chief clerk.
On motion of Mr. Cessna, the Hon. J. T. Walls, member
elect of Congress, was invited to a seat within the bar.
On motion of Mr. Butler, the Adjutant General was requested
to provide a flag to decorate the Assembly Hall.
On motion of Mr. Scott, the Assembly took a recess until
.four o'clock p. m.

FOUR O'CLOCK P. M.

The Assembly resumed its session.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Allen, Alexander, Butler, Brown, Boyd,
Cessna, Chalker, Cruse, Crane, Coleman, Campbell, Duke, Daniels,
Flowers, Frink, Gass, Gleason, Graham of Manatee, Graham
of Leon, Green, Hull, Hiers, Hendry, Johnson, Jasper, Living'
ston, Logan, McInnes, McLean, Mills, McRae, Neal, Osgood,
Oliveros, Paine, Rhodes, Roberts, Sears, Scott, Stearns, of
Escambia, Thompson, Wyatt, Wells, Wallace, Worthington,
and Yearty--47.
A quorum present.
Mr. Butler moved that the sergeant-at-arms be ordered to
bring in all absent members.
Agreed to.
Mr. Oliveros gave notice that the seat of Mr. Sears, of La-
Fayette county, would be contested.
Mr Butler gave notice that the seat of Mr. McRae, of Wa-
kulla, would be contested.
Mr. Roberts gave notice that the seat of Mr. Stearns, of Es-
eambia, would be contested.

Mr. Cessna gave notice that the seat of Mr. Roberts, of Es-
cambia, would be contested.
On motion of Mr. Butler, Harry Hawkins was appointedjan-
itor for the house of Assembly.
On motion, Lucien Fisher was sworn in as doorkeeper of the
house of Assembly.
On motion of Mr. Osgood, the Assembly adjourned until to-
morrow morning ten o'clock.

-o-

THURSDAY, January 5, 1871.

The Assembly met pursuant to adjournment.
The following members were present:
Mr. Speaker, Messrs. Allen, Alexander, Butler, Brown, Boyd,
Cessna, Chalker, Cruse, Crane, Coleman, Campbell, Duke, Dan-
iels, Flowers, Frink, Gass, Gleason, Graham of Manatee, Gra-
ham of Leon, Green, Gillis, Hull, Hiers, Hendry, Johnson, Jas-
per, Livingston, Logan, MlInnes, McLean, Mills, McRae, Or-
man, Osgood, Oliveros, Paine, Rhodes, Roberts, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace, Worth-
ington and Yearty-48.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Wyatt, the further reading of yesterday's
journal was dispensed with and the journal corrected and ap-
proved.
SOn motion of Mr. McInnes, S. E. Stewart, Sergeant-at-Arms
of the Assembly was sworn in by the chief clerk.
On motion,- Mr. W. T. Orman of Franklin, came forward, pre-
sented his credentials and was sworn in by the chief clerk.
Mr. Flowers moved that J. M. Bridges, elected from Suwan-
nee, and J. W. Hendry, elected from Taylor, be sworn in and
be permitted to take their seat;
Which on motion of Mr. Cessna was referred to the Commit-
tee on Privileges and Elections.
Mr. Gleason offered the following resolution:
Resolved, That the Committee upon Privileges and Elections
report to the Assembly, at the earliest practicable opportunity,
the names of all persons claiming seats in this Assembly whoso
seats are not contested, and who are clearly entitled to become
members of this body;
Which was read and approved.

17
The Speaker announced the following Standing Committees:
STANDING COMM ITTEES.
Judiciary.
Messrs. GLEASON, CESSNA,
GRAHAM, of Manatee, McLEAN,
WALLACE.
Privilege and Election.
Messrs. CESSNA, JOHNSON,
BOYD, ALLEN,
WORTHINGTON.
Railroads.
Messrs. JOHNSON, BUTLER,
SCOTT, FLOWERS,
RHODES.
Indian Affairs.
Messrs. CRANE, LOGAN,
OLIVEROS, GLEASON,
ALLEN.
Engrossed Bills.
Messrs. GILLIS, CAMPBELL,,
WYATT, McRAE,
DANIELS.
Eiinrnol:d Bills.
Messrs. STEARNS, OSGOOD,
RHODES, OLIVEROS;,
YEARTY.
Finance and Taxation.
Messrs. GLEASON, McINNIS,.
ROBERTS, CESSNA,
HIERS.
Incorporations.
Messrs. DANIELS, CRUSE,
McLEAN, GLEASON,
CHALKER.
Militia.
Messrs. JOHNSON, LIVINGSTON,
HULL, DANIELS,
McRAE.
3

Legislative E2epenses.
Messrs. BUTLER, WALLACE,
BROWN, PAINE,
SHIERS.
Public Printing.
Messrs. CESSNA, JASPER,
,GRAHAM, of Manatee, ALEXANDER,
CRANE.
State Ifstitutions.
Messrs. STEARNS, GASS,
FRINK, NEAL,
SEARS.
Agriculture.
Messrs. BARFIELD, WELLS,
MILLS, NEAL,
THOMPSON.
Claims.
Messrs. SEARS, COLEMAN,
GREEN, DUKE,
GILLIS.
Comnierce and NaJLvifqation.
Messrs. BOYD, CRANE,
ORMAN, ROBERTS,
SCOTT.
City and County Organization.
Messrs. BUTLER, GRAHAM, of Leon,
BARFIELD, FRINK,
ALEXANDER.
Education.
Messrs. PAINE, STEARNS,
HULL, OSGOOD,
HENDRY.
Public Lands.
Messrs. YEARTY, FLOWERS,
PAINE, WYATT,
MILLS.

Mr. Graham of Manatee presented a petition from Daniel M.
McAlpen;

19

Which on motion was referred to the Committee on Privileges
and Elections.
Mr. Oliveros presented a petition from R. R. Sheppard, con-
testing the seat of John W. Butler of Santa Rosa;
Which was read and on motion referred to the Committee on
Privileges and Elections.
Mr. Graham of Manatee offered the following resolution:
Resolved, That the case of J. W. Hendry of Taylor county, on
contested seat, be referred to the Committee on Privileges and
Elections;
Which was read and adopted.
On motion, Justices of the Supreme Court, members of the Cab-
inet, Senator Osborn, Hon. J. T. Walls, U. S. Congressman elect,
U. S. army officers present, Circuit Judges and Ex-Governor D.
S. Walker, were invited to seats within the bar to hear the Gov-
ernor's message delivered.
On motion, Mr. Munger, Sheriff of Leon County, was also invi-
ted to a seat within the bar.
On motion of Mr. Cessna,.a committee consisting of Messrs.
Cessna, Graham of Manatee and Scott, were appointed to extend
the above invitation.
At eleven o'clock, A. M., as per joint resolution, the Senate
entered the Hall for the purpose of receiving the Governor's
message-the Hon. Samuel T. Day, President of the Senate, in
the chair.
On motion of Senator Wentworth, a committee consisting of
Messrs. Wentworth, Henderson and McLean were appointed to
wait upon his Excellency Harrison Reed, Governor of Florida,
and inform him that the Legislature was assembled in joint ses-
sion ready to receive his annual message.
After a brief absence the committee presented his Excellency
in person who communicated as follows:

GOVERNOR'S MESSAGE.
Gentlemen of the Legislature:
Two and a half years have elapsed since the inauguration of
the new Constitution, based upon the republican theory that all
men are endowed by nature with equal rights. It is not the
fault of the organic law nor of the mass of the people that the
reasonable hopes entertained at the outset have not been more
fully realized.
The new government found the State bankrupt and ruined
by a war waged in the interest of despotism, and it sought to
unite all classes of the people in one common effort to restore

20

prosperity and good government. While it secured the former
slave the rights of citizenship, it also welcomed to all its benefits
those who had forfeited!their allegiance and sought to destroy
the republic. It proscribed no class or individual.
To a people who had denied freedom 'and citizenship to two-
fifths of the inhabitants of the State, and proscribed every citi-
zen of the loyal States by a fundamental law which declared
that no such citizen "should ever be admitted to the rights of
citizenship, vote at elections, be eligible to office, hold real estate,
exercise any trade or profession, be engaged in mechanical,
manufacturing, commercial, banking, insurance or other busi-
ness, under pain of confiscation to the use of the State of all
property," &c.,-to this people, thus oppressive and proscrip-
tive when in power, was accorded the following constitutional
rights:
"Every male person of the age of twenty-one years and up-
wards, of whatever race, color, nationality or previous condi-
tion, who shall, at the time of r,,.'; r,,i to vote, be a citizen of
the United States, or who shall have declared his intention to
become such, in conformity to the laws of the United States,
and who shall have had his permanent place of abode in Flo-
rida for one year, and in the county for six months, *
shall be deemed a qualified elector."
This Constitution was welcomed by the truly conservative
men of all classes as a harbinger of peace. and prosperity to
the people and the State. It was opposed only by extreme
men-on the one side those who claimed a proscriptive black
man's government, and on the other those who desired a pro-
scriptive white man's government. All the Constitution and its
framers sought was a government of equal laws for the whole
people.
Owing to the peculiar situation of the population-the newly
enfranchised colored race predominating largely in the more
civilized and cultivated portions of the State, while the less
populous districts were many of them under control of a white
population not celebrated for adherence to law and government
-by common consent large powers were vested in the Gover-
nor, which rendered his duties at once burdensome, complicated
and peculiarly difficult.

21

To meet these responsibilities, under a feature of the Consti-
-tution peculiar to this State and to the Federal government, he
called around him as constitutional advisers men representing
.all the different classes of citizens professing adherence to the
republican theory, and organized a "Cabinet," which, it was
presumed, would have pride in securing a successful administra-
"tion and in placing the State on the high road of prosperity and
honor.
Before one year had passed it was found that the diverse po-
litical and social elements could not be reconciled so as to secure
harmonious executive action. The effort to gain the co-opera-
tion of all classes in securing to the State the full benefit of a
liberal and beneficent government, by inviting representative
men of each class to share in the administration, was defeated
by the perversion of their trusts to private personal or political
ends inconsistent with the obligations to the State and the
people.
Again-the Legislature, from the same causes, failed to grasp
the situation, and by united andl consistent action provide for
"the new condition of things. Faction rather than political or
State aggrandizement absorbed the attention, and the constitu-
tional means for placing the State at once in a'position of finan-
cial honor and material prosperity were forgotten or disregarded.
I have not failed on all proper occasions to urge upon the rep-\
resentatives of the people the necessity of united, prompt, and
energetic action to restore the State to prosperity, and secure
her relief from the financial dishonor brought upon her through/
the improvidence or profligacy of previous years. I have pre-
sented well defined propositions, and on two occasions have called i
the Legislature in extraordinary session to meet these vital inter-
ests, but irreconcilable personal, factional, political, and sectional
differences have defeated them, while providing no sufficient)
alternative.
A new Legislature has assembled, and I take the occasion to
renew the recommendations in almost every particular of my last
annual message, and invoke a more careful consideration of them.
FINANCES.
The reports of the officers in charge of the financial depart-

22

ment of the government were received too late for me to pre-
sent the necessary suggestions to meet the difficulties there pre-
sented.
/ The Comptroller's report is principally made up of complaints
/ against the Constitution and laws, and the officers of the gov-
/ ernment. It proves apparently to the great satisfaction of the
officer himself, at least, that the government cannot find means
of subsistence.
It gives no idea of the resources of the State, nor suggests
any means by which to place it in a position of financial pros-
perity. It shows conclusively "how not to do it." Its stric-
tures upon the subordinate revenue and law officers of the gov-
ernment are unjust and not sustained by facts.
The revenue has never been more promptly returned. Al-
though there is' some delinquency and much embarrassment
( from ambiguity and defects in the laws, yet the officers have
generally shown a commendable faithfulness.
Since the fatal blow to our State finances by the refusal of
the Comptroller to carry out an arrangement made by me in
/ March, 1869, with one of the most reliable and responsible bank-
ing houses of the nation to take our entire issue of bonds at 75
cents on delivery in New York, the Comptroller has persistently
opposed, at least practically, every measure devised for relief
of the State.
His loan of a small amount of money, at an exorbitant in-
terest to meet temporary purposes of the treasury officers and
in no way conducive to the relief of the government or the ap-
preciation of the State credit, was a fatal and irretrievable blun-
der, because it placed all the available resources beyond control
while it brought not even temporary relief to the State.
/ The principal complaint of the report is based upon the high
Salaries allowed by the Constitution, while at the same time it
i will be noticed that the Comptroller, though wealthy and inde-
Spendent, does not fail to draw the full amount of salary, and
also tax the State with $1,200 per annum additional for a person
to do the duties of his office.
From the inauguration of the first State Constitution, Florida
Shas been under financial dishonor and without credit, because of
S the stupendous fraud perpetrated in her name by the iswue of

23

territorial bonds for thoenefit ofrivate rties, and I have
been repeatedly notified from the London Stock Exchange that
until that debt was in some way adjusted no bonds of the State
would find market or be suffered on the exchange.
And yet Florida has abundant resources, and may, by co-op-
eration of the Executive and legislative departments place the
finances of the State in a position to command for her classifica-
tion with the most prosperous State of the Union.
Her debt is stated by the Comptroller at $1,289,975.60, but\
an error in his computation shows it $4,600 less-$1,285,375.60.
The resources upon which to rely to meet the current expenses
and the interest upon this debt are not given or referred to.
But they are ample.
A full and just valuation of. the property of the State will give'"
at least $50,000,000 taxable property. This, with other taxable
resources now exempted, but always made available in other
States, will afford ample revenue to meet the annual interest
upon the public debt, and defray the current expenses.
A plan will be submitted which will meet these necessities,
for which I bespeak your careful consideration.
It will be observed from the accompanying tables with the
Comptroller's report, that there is a very unequal valuation of-
property among the counties. This will illustrate the necessity
of a board oof equalization, which may be constituted without
additional expense to the people, by designating either the'Sen-
ate or a portion of the State officers as such board.
It will also be observed from an examination of the details of
the statement of the public debt, that only a very small portion
of it is de to ojtaJde_reditors. The different trust funds of
the State and the Indian trust fund at Washington hold the
larger portion.
It will also, upon analysis, be found that this debt was princi-
pally created by or on account of the old government, and is
not chargeable to either tho extravagance or improvidence of
the republican constitution-or administration.
Among the measures for the appreciation of the State credit,
I would briefly specify the following:
1st. The repeal of all laws authorizing the State credit in aid
of works of internal improvement.

24

2d. The levying an annual tax, "uniformly upon all the prop--
erty of the State, sufficient to meet the current expenses of the-
Sgovernment, and pay the interest upon the State debt."
S3d. A tax upon railroad, telegraph, and express companies.
4th. A law taxing all the lands conveyed to railroad, naviga-
tion, internal improvement, or immigration companies.
5th. A law requiring foreign corporations doing business in
this State to deposit with the State Treasurer bonds of this State
to the amount of $30,000 each, as a guarantee of good faith and
protection against frauds.
6th. A statute requiring the State Executive officers to reside
at -the Capital. Also authorizing fees (to go into the general
fund) for all transcripts, certificates, conveyances, &c.,.furnished
by the departments.
7th. A reduction of the officers of the Legislature, and the fix-
ing their number and compensation by law.
8th. The letting by contract to the lowdvst bidder the supplies of
stationery, lights, fuel, &c., for the Legislature and State officers.
9th. Authority to the counties to levy and collect sufficient an-
nual tax to meet their current expenses'-and the interest upon
their bonded debt, and requiring them to defray all the expenses
of the courts.
10th. A law limiting the jurisdiction of justices of the peace,
and restraining malicious and frivolous prosecutions.
11th. A State Board of Equalization to equalize the tax
among the counties so that no injustice is done by under or over
assessment and levy of the State tax.
With these modifications alone, without adding to the rate of
taxation, at least $100,000 may be added to the revenues of the
State, and a market created for her bonds at even a higher rate
than that prescribed as a minimum by existing laws.
The State Constitution, in providing a Cabinet of State officers
with adequate salaries, as advisers and assistants of the Gover-
nor, laid the foundation of an efficient government. These offi- '
cers were required to keep their offices at the Capital," and of
course their personal presence was implied. But the efficiency
of the administration has been greatly impaired, and the expense
largely increased, by the frequent and long continued absence of
many of these officers, with no authority anywhere to compel,

25

their attendance. The passage of a statute requiring the resi-
dence of the State Executive officers at the Capital will reduce
expenses, and add to the efficiency of the government.
In providing adequate salaries it was contemplated that fees
and emoluments should all go to increase the revenues of the
State. No fees (save for commissions) are now required by law.
If the same fees were taxed for transcripts, certificates, convey-
ances, &c., as are allowed to clerks of courts, the offices of Secre-
tary of State and Surveyor General would afford sufficient rev-.
onue to pay the salaries and expenses of their offices.
COUNTY RAILROAD DEBTS.
The counties of Leon, Jefferson, Madison, Suwannoe, BakeiN,
Bradford, Columbia, and Duval, are incumbered with a heavy
debt incurred in aid of railroads. In most of these counties
this debt has been suffered to accumulate with no attempt to
pay it, until the holders are commencing active proceedings to
obtain their just dues, and the burden seems too grievous to be
borne. Some counties are wasting their energies and creating
expense in useless resistance, while others are bravely levying
tax to meet the interest.
If the State credit is to be afforded to railroad companies, ac-
cording to the policy of the last Legislature, I submit that jus-
tice to these counties would require State aid in meeting these
obligations in behalf of the roads already built. I, however,
question the soundness of the policy, and doubt the constitu-
tional right to js.ueL.St.t: l.'t bond- for railroad .Iiir'l'o-.-.. I know
there is a decision of a former supreme court of the State, which
would seem to militate against this opinion; but the circum-
stances under which that extraordinary opinionlwas given were
such as to weaken its authority. I would retrace the steps'
already taken in this direction rather than go further.
RAILROAD BONDS.
Under the constitutional provision authorizing the issue of
State bonds in aid of the "public works of the State," the last
Legislature authorized the issue of 8 per cent. bonds to the Jack-
sonville, Pensacola & Mobile Railroad to the amount of $16,000
per mile for the entire line from Jacksonville to the west line of
4

26

the State, in exchange for the first mortgage bonds of the rail-
road of the same amount. These bonds were to be delivered as
fast as the road was completed and in running order.
:.Four millions of bonds were prepared and executed, and three
inilli:,.n- of them conditionally delivered to the company, and it
was expected the work would rapidly progress so as to reach
Marianna by the 1st day of January instant.
SThe breaking out of the foreign war is urged by the company as
the reason for the suspension of the work, and in August I pro-
posed to the company a recall of the bonds, to which, in Decem-
ber, it finally consented, and passed resolutions accordingly.
Matters are now being brought to a focus, and the parties
Holding the bonds are daily expected here, when I shall take oc-
casion to communicate more fully, and until then I ask that no
decisive measures be taken on the subject.
IMMIGRATION.
The indefatigable labors of the head of the Department of Im-
migration have resulted in turning attention to this State from
all parts of the world, and a large accession to the population
will speedily result. His annual report has not been received;
nor am I able, at this time, to present any suggestions in con-
nection with the land department of the government, for want of
time to examine the reports of the Surveyor General and the
Secretary of the Board of Internal Improvement Funds.
SCHOOL SYSTEM.
With a constitution and laws and ample facilities for the im-
mediate inauguration of a system of public schools which would
have reached every portion of the State, after two and half
years of effort, we are compelled to admit that there is yet no
complete organized, working State system.
With a zeal and philanthropy worthy of every commenda-
tion, many of the counties have organized and successfully
prosecuted county systems, which do honor to the citizens, and
are productive of great good; but a comprehensive and prac-
tical State system has yet to be perfected.
The State Superintendent selected by me, Mr. Chase, deceased
in September last, while absent at the North, and I invited to
succeed him Rev. Chas. E. Beecher, of Newport, Wakulla

27

county, a gentleman of high culture and rare qualifications; but
on account of inadequate health he declined, and I have now
the promise of the services of another gentleman, whose knowl-
edge and experience afford a guarantee of a successful prosecu-
tion of the great work.
The Historical Bureau which the Superintendent was required
to organize, and for which the material is more ample and inter-
esting than in almost any other State of the Union, has been
thus far neglected; but immediate steps will be taken to gather
the material and prepare a documentary history that shall sup-
ply the increasing demand for historical knowledge and statis-
tical information of Florida.
The Cabinet of Minerals has also escaped attention, and will
require the immediate consideration of the new superintendent.
As soon as the rumor of the decease of the late superintend-
ent was fully confirmed I appointed Henry Quarles, Esq., a
gentleman of ability and culture, to take charge of the office,
and, from the records and papers, prepare the annual report,
which I herewith submit, and to which I invite your attention.
PENITENTIARY.
I earnestly renew my former suggestions for a change in the
form of government of the penitentiary, and more adequate pro-
vision for the security of prisoners. Nothing has had a more
salutary effect in checking the demoralization growing out of the
war, and giving security to property, than the inauguration of
the penitentiary. Through the liberality of the federal govern-
ment we have hitherto been supplied with buildings without
expense to the State; and by a judicious expenditure of a com-
paratively small amount, a prison may be had that will be ade-
quate to the necessities of the State for years.
HOMES FOE THE POOR.
I again invite your attention to the system of providing for the
poor and dependent population. Every county should be pro-
vided with a farm and suitable buildings where the infirm and
dependent may find a home. Art. X., sec. 3, of the Constitu-
tion says that, "the respective counties shall provide in the
manner fixed by law for those of the inhabitants who, by reason
of age, infirmity, or misfortune, may have claims upon the aid
and sympathy of society."

28

PUBLIC INSTITUTIONS.
Some measures should be adopted looking to the establish-
ment, in accordance with the Constitution, of asylums for the
insane, deaf and dumb, and blind, also of a house of refuge for
juvenile offenders, and a home and work-house for common va-
grants.
UNIVERSITY.
I would respectfully call your attention to article VIII., see.
2, of the Constitution, providing for the establishment of a
State University, and recommend appropriate legislation to
carry that provision into effect, as the interest on the seminary
funds is being diverted to institutions that fall far short of ac-
complishing the important educational ends contemplated by
the Constitution in providing for the establishment of a State
University.
HOMESTEAD EXEMPTION.
The Constitution very wisely provides the exemption of a
homestead and a reasonable amount of personal property from
execution. In many of the counties of this State, if not in most
of them, officers of the law have not regarded the rights of the
humbler citizen, and in some instances the last vestige of house-
hold furniture and the last peck of corn has been wrested from the
children of toil to satisfy the demand of an inhuman claimant.
If the law is not sufficiently definite and explicit, it should be
made so, and the most stringent provisions should be made to
restrain these violations of the homestead, and punish the viola-
tors, under whatever color of authority they may appear.
RESTORATION. OF PROPERTY.
UncTk an oppressive and unjust law of the State, enacted in
f865, hundreds of citizens were forcibly deprived of their prop-
erty in the shape of firearms: shot-guns, muskets, and pistols,
andi no remuneration was ever offered or provided. These citi-
z's were charged with no crime save that of being black, and
having been freed from slavery. They had acquired their wea-
pons, some as soldiers in the Union army, and others by pur-
chase. They were robbed of their property by sanction of the
government-resistance was death-and they quietly submitted.
It is due to them, and to justice, that the authority which wrest-
ed their property should restore it. I would recommend the

29

passage of a law requiring the counties to receive and adjust
:all claims for arms thus unjustly taken by county officers.
PARDONS, COMMUTATIONS, AND REMISSIONS.
There have been issued during the year thirteen pardons ol
persons convicted of felony, two commutations of sentence, two
suspensions of fines, eleven requisitions for fugitives, and one
death warrant.
I Four hundred and forty-one civil commissions and three hun-
dred and fifteen military commissions have beer issued. Ninety-
one removals of civil officers and one removal of a military officer
have been made. One hundred and two resignations of civil and
nine of military officers have been received. (See appendix A.)
LEGISLATIVE RECORDS.
"I invite your attention to one consideration connected with
the sessions of the Legislature, which I deem of great importance,
-and that is, a proper system of keeping the journals of proceed-
ings of the two houses and preserving the records of the same.
In order to a correct knowledge of the proceedings'the daily
journal should show every motion and resolution in full, save
such resolutions as are in the nature of bills and require three
several readings. All joint resolutions and bills requiring three
several readings and the signature of the Governor, should ap-
pear by their full title, as well as their number, at the time of
introduction, and also on their final passage. The original bill
and the engrossed bill should bear upon it the endorsements of
the action taken, and should be preserved for reference on any
future occasion, and when the session adjourns these records
should be filed with the Secretary of State, and carefully pre-
served.
I am thus specific for the reason that great prejudice has oc-
curred to the interest of the State, and great injustice been done
the Executive for want of a true and proper record, and the
original and engrossed bills to refer to. Bills have been muti-
lated and abstracted to thwart the will of the]majority, and no
record showing to whose hands the same were committed by the
House. A properly kept journal will show the situation of
every bill and resolution, and preclude any mutilation or fraudu-
lent endorsement or clandestine removal from the body.

30

Again, there are two regular sessions of each legislature; the
unfinished business of the first session should be resumed by the
next session at the point at which it was left by the adjourn-
ment, and thus a large amount of labor would be saved. The
same organization and official corps should also remain through
the entire Legislature. The practice which has heretofore pre-
vailed, of allowing original papers, bills, resolutions, &c., to be
appropriated or removed by members and officers at will, is detri-
mental to all save those who wish to defeat honest legislation
and those who seek to cover up or hold others responsible for
a bad record. A statute defining the number and compensa-
tion of the officers, and precluding supernumeraries, would add
to the efficiency and economy of the session.
POLITICAL CONDITION.
Great damage has resulted to the harmony and prosperity of
the State during the past year, from the efforts of unprincipled
men and a licentious and seditious press to array the people
against the constituted authorities of the State.
I have been appealed to from the counties of Hamilton, Su-
( wannee and Columbia, during the past year, to interpose, and, by
forcible means compel respect for the officers of the law and the
rights of the people. In return, I have counselled forbearance
and concession, and reliance upon the ultimate triumphs of the
civil law.
Men smarting under the feeling of disappointed ambition and
hostility to republican government, have falsely and maliciously
appealed to the lowest and basest passions of the ignorant and
vicious, and have succeeded in fanning into life the dying em-
bers of bitterness against.equal and just laws, until it became
necessary, as a measure of safety to the peace and order of the
State, to invoke the assistance of the Federal government, and
I the results are eminently satisfactory.
Some decisive legislation should be had to check the system
of armed outlawry and intimidation resorted to to overawe
peaceful cities "Th- statutes against carrying deadly weapons
are disregarded, and a frequent homicide is the consequence.
All are alike interested in securing a thorough obedience to just
and equal laws and in repressing violence and intimidation.
Under the administration of the Great Chieftain, whose

31

achievements in war are only paralleled by his success in peace,
the nation is demonstrating a recuperative power and vital energy
which command the respect and admiration of the world, and
which has given a wider and more extended influence and.power
to republican institutions.
Reduced to beggary by a corrupt and traitorous administra-
tion, and compelled, with an exhausted treasury and almost
without army or navy, ordnance or means of defense, to con-
front a gigantic and long-premeditated rebellion, the nation
found ample resources to conquer a peace, and save the republic
not only, but to put the country upon a career of prosperity
hitherto unknown.
Under the wise policy of protection to home industry-the
"American System," advocated by Jefferson, Madison, Web-
ster, and Clay-we are inviting to our shores the toiling millions
of foreign countries and extending republican empire and de-
veloping national wealth as never before, while by an honest
and faithful administration of the government, we are paying off
the national debt incurred by the war at the rate of ten millions
per month and setting an example of national economy, energy,
faith, and progress, which has no parallel in the world's history.
"With slavery abolished and freedom guaranteed, our State,
once more restored to the great family of States, is entering
upon a course of prosperity and development known only to the
free States of the great West. And when the voice of intoler-
ance shall have entirely ceased, and the vindictive mutterings of
disappointed rebellion shall have died away-when all shall
yield gracefully to the situation," and realize that the citizen
of each State has equal rights in all the States-when local and
sectional prejudice shall give way to reason and justice-the
rising current of immigration and capital now setting toward
our fertile and salubrious Florida will swell to a flood that shall
cover the State with civilization and wealth, and make it one of
the most prosperous, as it is one of the most delightful, of the
States of the Great Republic.
A canvass of almost unparalleled personal acrimony has re-
sulted in your return to the Capitol to legislate for the interests
of the State. I rejoice that no apparent difference of political
opinion exists-all have been elected upon the platform of equal

32

civil and political rights, and all are alike pledged to an honest
administration of the government. It is a harbinger of good,
and I welcome you to most cordial Executive co-operation, and
pledge Executive sanction to any and all measures which have
for thefr objects the honor of the State, and the benefits of its
citizens. HARRISON REED, Governor.

APrENDIx A. (1870.)
Civil Commissions Issued.............................................. 441
Do. Removals........................................................... 91
Do. Resignations....................................................... 102
Do. Deceased..........;....................... ............ ....... 7
MILITIA COMMISSIONS ISSUED.
Brigadier Generals...................................................... 5
Colonels .......................................................... ..... 23
Lieutenant Colonels.................................................... 8
M ajors................................. ..... .......... ...................... 20
Captains ................................................... ............ 96
First Lieutenants .............. ............................. 91
Second Lieutenants...................................................... 73
Total ............................................................. 315
Militia Resignations..................................................... 9
Militia Removals........................................................ 1
Total Remission of Fines, ................................................ 4
Total Commission of Sentences,.......................................... 2
Total Suspensions of Fines,............................................ 2
Total Pardons,............................................... ...... 13.
Total Death Warrants,.................................................. 1
Total Requisitions for Fugitives,........................................ 1I

REQUISITIONS FOR FUGITIVES.

AOEINT AUTHORIZED DATE Or
NO. NAME. CRIME. WHERE COMMITTED. WHEN COMMITTED. AGT AUTHORIZED DTE OITI
TO APPREHEND. REQUISITION.

1 Henry Jackson......... Larceny... ................... Jefferson county....... No record.............. T. J. Linton....... Jan. 14, 170.
2 F. S. Higganbotham... Murder...... ............... Columbia county....... ....do ................ Lt. JH. Bradley... Jan. 20,1870.
3 F. S. Higganbotham... Murder.................... ...... Columbia county........do ....... ..... R. C Martin....... April 7, 1870.
4 John Morris .......... Obtaining money under false pretense Duval county ......... ... do ............... W, M. Ledwith ... April 23,1870.
5 W. H. Burch.......... Larceny...... ..................... Duval county..............do.............F. K. I.oward...... April 9,1870.
6 F.A. Martin.......... Murder............................. Volusia county ............do..... Dual Selh....... Jun 1 1870.
7 F. S. Higanbotham... Murder................... ............ Columbia county...... ...do .......... .. T. L. Lewis.... ... June 9,1870.
8 Dennis ll ............ Murder.. ........................ Duval county...... ....do ................. Col. M. Martin.....July 15,870.
9 Daniel Redding........ Murder........................... Nassa county......... ....do.......... ........ ......... ly 15,1870.
10 W. F. Newbey......... Murder .......................... Volusia county ...... ..do .......... John Lon...... July 25,1870.
11 Joseph W. Barker...... Assault with intent to murder........ Leon county ............. do ............. A. B. Munger...... July 01870.

PARDONS.

EE CONCT WHEN PARDON-
NO. NAME. CRIME. WERE CONVICT WHEN CONVICTED. SENTENCE. WHED.n TERMS.

1 J. B. Redditt..... Larceny............................ Volusia county. No record.......... Penitentiary years January26,1870 Full pardon..
2 Geo. Morris........ Fornication...........:............. Gadsden county Sp. Term C. C., 1869 Penitentiary2 years Feb'y 12,1870 To leave State
3 Edmund Johnson.. Larceny.......................... Madison county Fall T'm c. C., 1869 Penitentiary 1 year. May 27,1870 Full pardon..
4 Elbert Thomas..... Larceny.,....................... Madison county Fall T'm C. C., 186 Penitentiary 6 mos. May 27, 1870..
5 Joseph Hayward... Larceny........................ No record...... Sp. Term C. C., 186 Penitentiary 3 years July 15,1870..
6 Martin Gavin....... Larceny........................... Wakulla county Fall T'm C. C., 1869 Penitentiary years July 25, 1870..
7 Alfred Williams.... Assaut and battery-intent to kill... Columbia co.... Sp. Term C.C., 1869 Penitentiary 3 years Sept. 21.1870 .. ..
8 Chas. Armon....... Assault and battery-intent to kill.. Columbia co.... Sp. Term C., 186 Penitentiary years Sept. 21, 1870..
9 Monarch Gavin... Altering mark on cow.............. Wakulla county Fall T'm U. C., 186 Penitentiary 2 years October 15,1870
10 Irene Jenkins...... Adultery.... ................... Manatee county Fall T'm C, C 1809 Penitentiary 21 mos October 15,1870
11 Richmond Crews... Adultery...... ................. Manatee county Fall T'm C. C., 1869 Penitentiary 18 mos October 15, 1870 ..
12 John W. Silcox.... Fraudulently altering mark on hog... Putnam county. Fall T'm C. 1870 Penitentiary 2 mos. Nov. 9, 1870 ..
13 ichard Cook...... Larceny............ .............. Leon county... Fall T'm C. C. 1870 o sentence....... Dec. 17,1870 ..

DEATH WARRANTS.

WARRANT ETO BE EXE-S.
NO. NAME. CRIME. WHERE CONVICTED.I WHEN CONVICTED. SENTENCE. RRANT iTOC EE ARKS.

1! Thomas Dixon.iMurder. .. Duval county...... Sp. Trm C. C. 1870.. To be executed Dec. 30, 1870Sep. 19, 1870Dec. 30,1870 Revoked Dec. 29,1870

REMISSION OF FINES.

1 Isaac Chandler..... Fornication........ Monroe county ...... Fall term circuit court, 1868........ Fine $500.00 ..... February 7, 1870.
2 William J. Duncan. Larceny ........... Columbia county..... Fall term circuit court, 1869........ Fine 50.00....... February 12,-1870.
3 Samuel Edwards... No record.......... Escambia county..... Spring term circuit court, 1868..... Fine 500.00...... June 6, 1870.
4 Lewis Anderson.... No record ......... Escambia county..... Spring term circuit court, 1868..... Fine 062.65 ..... June 6, 1870.

COMMUTATION OF SENTENCES.

NO. NAME. CRIME. WHERE CONVICTED. WHEN CONVICTED. SENTENCE. WHINCTO.MIU TERMS.

1 Mitchell Taylor.... Assault int. murder Gadsden county.... Fall term circuit court, 1870 ....... 1 year peniten'y Nov. 22, 1870... Punishment,
$100 fine.
2 AustinDison....... Assault int. murder Leon county....... Fall term county court, 1870........ 3mos. Leon jail Dec. 22, 1870... Punishm't, $50
fine and costs.

SUSPENSION OF FINES.

DATE OT
NO. NAME. CRIME. WHERE CONVICTED. SUSEN TIME.

1 Isaac Chandler................ Fornication................. Monroe county............... Jan.18, 1870. Until further orders.
2 Mitchell Taylor............... Assault, intent, murder........ Gadsden county............... Nov. 19,1870. Tendays.

ORDER OF ARREST ON REQUISITION FOR FUGITIVES.

*NO. NAMiE. CRIME. REQUISITION FROM GO AGENT AUTHORIZED TO O DATE OF OE-
N. AE. CRIMERNOn OF- APPREHEND- ODERISSUED TO- DE

1 Geo. Hicks ........... Forgery ....................... Georgia.............. T. Kingsbury....... ................May 2, 1870...
2 Israel Maples, Jr....... Murder..... .................. Georgia............. B. Wangt....... ................... Sept 10, 1870.
3 MorrisD lynski...... Obtaining good under false pretense. Georgia.............. A.K. Phillips.......... SheriffDuvalco.... Dec. 19, 1870.

35

On motion of Senator Wentworth, the joint meeting ad-
journed.
"Under a suspension of the rules, Mr. Cessna offered a joint
resolution agreeing to, ratifying, and confirming amendments to
the State Constitution;
Which on motion, was read the first time by its title and re-
ferred to a special committee consisting of Messrs. Cessna, -
Mr. Boyd moved that the Clerk have five hundred copies of
the Governor's message printed for the use of the Assembly and
several departments;
Which was agreed to.
Mr. Wallace gave notice that on to-morrow or some future
day he would introduce a bill providing for the establishment of
houses for the maintenance of aged, infirm and poor, of Leon and
other counties.
On motion, the Assembly adjourned until to-morrow morn-
ing, 10 o'clock.

-0
----0----

FRIDAY, January 6, 1871.

The Assembly met pursuant to adjournment.
The following members were present:
Mr. Speaker, Messrs. Allen, Alexander, Butler, Brown, Bar-
field, Boyd, Cessna, Chalker, Cruse, Crane, Coleman, Campbell,
Duke, Daniels, Flowers, Frink, Gass, Gleason, Graham of Man-
atee, Graham of Leon, Green, Hull, Hiers, Hendry, Johnson,
Jasper, Livingston, Logan, McInnes, McLean, Mills, McRae,
Neal, Osgood, Oliveros, Paine, Rhodes, Roberts, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace, Worth-
ington and Yearty-46.
A quorum present.
Prayer by the chaplain.
On motion of Mr. Boyd, the reading of yesterday's journal
was dispensed with and the journal approved.
A committee from the Senate appeared at the bar and informed
the Assembly that the Senate had resolved to organize as a Court
of Impeachment on Tuesday next, at 10.30 o'clock A. M., for the
purpose of trying James T. Magbee, Judge of the 6th Judicial
Circuit.
Mr. Cessna moved that a special committee of five be appoin-
ted to ascertain the status of the impeachment case of Judge
James T. Magbee;

36

Which was agreed to and Messrs. Cessna, McLean, Yearty,
Scott and Wallace were appointed said committee.
On motion of Mr. Mills, Col. Drew, acting Attorney General
for the State, was allowed a seat within the bar of the Assembly
at pleasure.
Mr. Cessna presented a petition from Elijah Zebulon relative
to contesting the seat of James B. Roberts;
Which on motion was referred to the Committee on Privilege
and Elections.
Mr. Scott offered the following resolution:
Resolved by the Assembly of the State of Florida, that when
we adjourn to-day, that we adjourn to meet on Monday after-
noon at 4 o'clock, P. M.
Which was read and adopted.
Under a suspension of the rules Mr. Gleason moved that Mr.
Daniels be granted leave of absence for an indefinite time in or-
der to attend the U. S. Court now in session at Jacksonville;
Which was agreed to.
Mr. Boyd offered the following resolution:
Whereas, it is the universal custom in this Assembly to au-
thorize the Sergeant-at-Arms to procure, and be the custodian
of the stationery for the use of the members, therefore be it
Resolved, that the resolution adopted January 4th, giving that
authority to the clerk, be and is hereby rescinded and the Ser-
geant-at-Arms take charge of the said stationery.
Which was not adopted.
The Speaker announced the following Special Committee on
Constitutional Amendments: Messrs. Cessna, McLean, Scott,
Graham of Manatee and Gleason.
According to previous notice, Mr. Wallace introduced the fol-
lowing bill, No. 1:
A bill to be entitled an act to provide for the establishment of
a home for the maintenance of aged, infirm, and poor inhabitants
of the county of Leon and other counties.
Mr. Johnson moved that the Assembly take a recess until two
o'clock, P. M;
Which was not agreed to.
In pursuance to a resolution passed by the Assembly, the chief
clerk appointed M. H. Clay, Reading Clerk of the Assembly, who
came forward and took the oath of office.
On motion the Assembly adjourned as per resolution, to meet
next Monday, at 4 o'clock, P. M.

37

MONDAY, January 9th, 1871.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Messrs. Allen, Alexander, Butler, Brown, Boyd, Cessna, Chalk-
er, Coleman, Campbell, Duke, Daniels, Flowers, Gass, Gleason,
Graham of Leon, Green, Hull, Hiers, Hendry, Johnson, Jasper,
Livingston, Logan, McInnes, McLean, Mills, McRea, Neal, Or-
man, Osgood, Oliveros, Paine, Roberts, Sears,.Scott, Stearns of
Escambia, Thompson, Wells, Wallace and Yearty-40.
A quorum present.
Prayer by the chaplain.
On motion of Mr. Osgood, the reading of Friday's journal was
dispensed with and the journal approved.
Mr. Oliveros moved that Mr. Gillis from Putnam county come
forward and be sworn in;
Which was agreed to, and Mr. Gillis caine forward and was
sworn in by the Chief Clerk.
Mr. Oliveros moved that the Committee on Printing be in-
structed to let the printing of the Assembly to the lowest bid-
der, and that said committee report its action to this body at an
early day.
Mr. Butler moved to lay the motion on the table;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Boyd, Cessna, Coleman, Daniels, Gass,
Gleason, Graham of Leon, Johnson, Jasper, Livingston, Logan,
McInnes, Osgood, Paine,' Sears, Scott, Stearns of Escambia,
Thompson, Wells, Wallace and Yearty-23.
Nays-Messrs. Allen, Alexander, Brown, Chalker, Campbell,
Duke, Flowers, Green, Gillis, Hull, Hiers, Hendry of Polk, Mc-
Lean, Mills, McRae, Neal, Orman, Oliveros, Roberts and Worth-
ington-20.
The motion to lay upon the table prevailed.
Mr. Oliveros of St. Johns presented the following petition:.
A petition from the registered voters of St. Johns county,
praying to repeal an act in relation to County Lines;
Which was read and referred to Committee on City and Coun-
ty Organizations.
Mr. Butler presented a petition from Jesse Robinson, relative
to the seat of Mr. McLean, of Jackson county;
Which was read and on motion, referred to Committee on
Privileges and Elections.
Mr. Hiers offered the following resolution:
Resolved, That whereas J. WV. Hendry at the .election held
November the eighth, A. D. 1870, received a majority of the

38

votes given in the county of Taylor for the General Assembly,
and whereas no contest is made for his seat by any person,
Therefore be it resolved, That J. W. Hendry of Taylor County
be qualified and permitted to take his seat.
Which was read.
Mr. Butler moved to lay the resolution upon the table;
Upon which the yeas and nays being called, the vote was:
Yeas-Messrs. Butler, Boyd, Cruse, Coleman, Daniels, Gass,
Gleason, Graham of Leon, Gillis, Johnson, Jasper, Livingston,
Logan, Mclnnes, Osgood, Paine, Sears, Scott, Stearns of Escam-
bia, Wyatt, Wells, Wallace and Yearty-23.
Nays-Messrs. Allen, Alexander, Brown, Chalker, Campbell,
Duke, Flowers, Green, Hull, Hiers, Hendry, McLean, Mills,
McRae, Neal, Orman, Oliveros, Roberts, Thompson and Worth-
ington--20.
So the resolution was laid upon the table.
Mr. Stearns of Escambia offered the following resolution :
Resolved, That the Judiciary Committee be instructed to pre-
pare and report to the Assembly a bill enacting a law regulating
the Limitation of Actions.
Which was read and adopted.
Mr. Stearns of Escambia also offered the following resolution :
Resolved, That the Assistant Sergeant-at-Arms, in addition
to his other duties, be instructed to take charge of the Assembly
committee rooms, to see that the same are properly lighted and
warmed, and that he remain in attendance upon the Committees
when in session.
Which was read and adopted.
Mr. Cessna, from the committee on Privileges and Election s
made the following report:
To THE ASSEMBLY:
Your committee to whom was referred the petition of Zebu-
Ion Elijah for a seat as member of Assembly from Escambia
County, in place of James B. Roberts, beg leave to submit the
following
REPORT:
That they have carefully examined into the statements con-
tained in the petition and find that at an election held in the
county of Escambia on the 8th day of November, 1870, Zebulon
Elijah received a majority of all the votes cast, and that as a mat-
ter of justice he ought to have been given the certificate, but
without warrant of law the Board of County Canvassers rejected
one of the precincts. From the evidence before us we cannot
find any informality in the returns from any of the precincts, and

39

believe Zebulon Elijah ought in justice to be seated, and beg
leave to submit the following resolution:
Resolved, That Zebulon Elijah is entitled to the seat now held
by Jas. B. Roberts, and that he be called forward and sworn in
as member of the Assembly.
All of which is respectfully submitted,
W. K. CESSNA, Chairman.
JAS. W. JOHNSON,
SAMUEL BOYD.
Which was read.
Mr. Worthington asked that the minority of the Committee
have further time to make a report;
Which was not agreed to.
Mr. McLean moved to recommit to Committee on Privileges
and Elections.
Mr. Wyatt moved that the motionto recommit be laid upon
the table;
Upon which the yeas and nays were called for and were:
Yeas-Messrs. Boyd, Cessna, Cruse, Coleman, Daniels, Gass,
,Gleason, Graham of Le6n, Johnson, Jasper, Livingston, Logan,
Mclnnes, Osgood, Paine, Sears, Scott, Stearns of Escambia,
"Thompson, Wyatt, Wells, Wallace and Yearty-23.
Nays-Messrs. Allen, Alexander, Brown, Chalker, Campbell,
Duke, Flowers, Green, Hull, Hiers, Hendry of Polk, McLean,
Mills, McRae, Neal, Oliveros and Worthington-17.
The motion to lay upon the table prevailed.
Mr. McLean moved to adjourn until to-morrow morning ten
o'clock;
Which was not agreed to.
Mr. Cessna moved the adoption of the Majority Report, and
moved the previous question.
The previous question was put and carried, and the main ques-
tion ordered.
The Majority Report was read and adopted, and Mr. Elijah
in accordance with the report, on motion came forward and was
sworn in as a member elect from Escambia county, by the chief
-clerk.
Mr. Duke moved an adjournment until to-morrow morning,
10 o'clock;
Which was not agreed to.
The select committee appointed on Friday to inquire into the
status of.the case of Judge Jas. T. Magbee, now pending before
the Senate, made the following report:
The select committee oftheAssembly, appointed and instructed
to ascertain the present status of the impeachment pending
against James T. Magbee, Judge of the Sixth Judicial Circuit of
the -State of Florida, beg leave to

40

REPORT:
That they have examined the. Journals of the Senate and of
the Assembly concerning this matter, and find that on
the day of 1870, the Assembly impeached
James T. Magbee of high crimes and misdemeanors, malfeasance
and incompetency in office; and on the eighteenth day of Feb-
ruary thereafter, through a Committee of Managers, D. L. Mc-
Kinnon,Jas. D. Green and Samuel Walker, preferred five seve-
ral articles of impeachment against him at the bar of the Senate
of the State of Florida; that the Senate, on the same eighteenth
day of February, 1870, resolved,
"That the Senate of the State of: Florida will ,organize itself
into a Court of Impeachment, at its next regular session, for the
trial of the case of impeachment this day presented by a com-
mittee of the House of Representatives of the State of Florida
wherein,' in the name of the Assembly, and of all the people of
the State of Florida, they did impeach James T. Magbee, Judge
of the Sixth Judicial Circuit of Florida, of high crimes and mis-
demeanors, malfeasance and incompetency in office,' and that a
committee of this Senate be appointed to inform the House of
Representatives of the action of this Senate."
That the House of Representatives were so informed by the
committee appointed in pursuance of said resolution.
That during the extra session of the Legislature, begun and
held at the Capitol, in the city of Tallahassee, Monday, May 23,
A. D. 1870, to-wit: on the first 'day of June, A. D. 1870, at 4
o'clock, P. M., the Senate met and organized itself into a Court
of Impeachment, the Chief Justice of the State presiding, and
resolved "that the Secretary of State notify the Assembly and
the respondent that the Senate is now organized for the trial of
the articles of impeachment against James T. Magbee, Judge of
the Sixth Judicial Circuit of the State of Florida, and is ready
to receive the Managers of the Impeachment at its bar."
That in response to the summons of the Senate, the rdspon-
dent, James T. Magbee, and his counsel D. P. Holland and J. P.
C. Emmbns, appeared at the bar of the Senate and their presence
was announced by the Sergeant-at-arms. That formal procla-
mation was made by the Sergeant-at-arms. That on the second
day of June, 1870, general rules for the trial of James T. Mag-
bee were adopted by the Senate; and that on the same day the
said respondent filed the following plea before the Senate::
"In the matter of the impeachment of James T. Magbee,
Judge of the Sixth Judicial Circuit of the State of Florida,
charged, with high crimes, misdemeanors and incompetency in
office.
"Before the Honorable the, Senate of theiState of Florida, sit-
ting as a court of impeachment.

41

"And the said James T. Magbee, Judge of the Sixth Judicial
Circuit of the State of Florida, by his attorneys D. P. Holland
and J. P. C. Emmons, comes here into court and praying leave
of the court to save and reserve unto himself the same right of
objection to all or any of the articles of impeachment against
him preferred by the Honorable the Assembly of said State,
which he might or would have in case a demurrer to the same
were here filed, and not confessing or admitting either the con-
stitutional right of the Honorable the Assembly in the premises,
or the sufficiency in law of any of the said articles of impeach-
ment for the purposes intended, says he is not guilty of the said
supposed high crimes, misdemeanors and incompetency in office,
or any of them, in manner and form as the Honorable the As-
sembly aforesaid, in and by the said articles of impeachment, has
complained against him."-By D. P. Holland and J. P. C. Em-
mons.
"James T. Magbee, Judge of the Sixth Judicial Circuit."
Which plea was sworn to and subscribed by the said James
T. Magbee before the Honorable E. M. Randall, C. J. on the
first day of June, A. D. 1870.
That thereupon, Mr. Manager McKinnon, on the part of the
Assembly and as chairman of the Committee of Managers, filed
an application for a continuance till the next regular session of
the Legislature, which was granted, and the Senate, as a court
of impeachment sitting on the trial of James T. Magbee, ad-
journed to the first day of the next regular session of the Legis-
ture.
That the term of office of the late imangers appointed by the
late General Assembly at its regular session A. D. 1870, to
manage and conduct the trial of impeachment before the Senate
has expired.
Therefore, your committee respectfully recommend that the
Hon. the Speaker of the General Assembly, before the adjourn-
ment of the Assembly to-day, appoint aCommittee of Managers,
who shall in the name of the Assembly and of all the people of
the State of Florida, manage and conduct the trial of impeach-
ment of the said James T. Magbee, and that they be empowered
to file such pleas and perform all legal acts necessary to the prose-
cution and conduct of said cause.
W. K. CESSNA, Chairman
JAMES C. McLEAN,
JAS. W. YEARTY.
Which was read, and on motion of Mr. Boyd received.
Mr. Cessna moved to adopt the report and resolution.
Mr. Boyd moved to lay the motion on the table
Which was not agreed to.
6

42

Mr. Boyd offered the following as a substitute for the report :
Resolved, That the articles of impeachment preferred by the
preceding Legislature against James T. Magbee, Judge of the
Sixth Judicial Circuit, be and are hereby withdrawn, and the
Senate be requested to return all papers relating to the case.
Be it further resolved, That the Chair appoint a committee of
six managers to appear before the bar of the Senate and carry
into effect the foregoing resolution.
Which was read.
Mr. Osgood moved that further action upon the subject be
postponed until to-morrow;
Which was agreed to.
A motion to adjourn until to-morrow morning, 10 o'clock,
was lost.
Mr. McLean moved to adjourn until to-morrow morning, 9
o'clock;
Which was agreed to, and the Assembly thereupon adjourned.

-o0

TUESDAY, January 10, 1871.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Messrs. Allen, Alexander, Brown, Cessna, Chalker, Coleman,
Duke, Daniels, Elijah, Flowers, Gass, Graham of Leon, Green,
Gillis, Hull, Hiers, Hendry of Polk, Johnson, Jasper, Logan,
McInnes, Mills, McRae, Neal, Osgood, Oliveros, Scott, Thomp-
son, Wallace and Yearty-30.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Wallace, the reading of yesterday's journal
was dispensed with, and the journal approved.
Mr. Wallace moved that the case of Judge James T. Magbee,
reported upon yesterday, be recommitted;
Which was agreed to.
Mr. Gleason offered the following resolution:
1Resolved, That the reports of the different Cabinet officers be
printed and bound with the Governor's message, and that 500
copies in addition to those now ordered be printed for the use of
the members of the Cabinet.
Which was read and adopted.
Mr. Gleason also offered the following:

43

Resolved, That the Clerk of the Assembly prepare a list of
the members of this House, giving the name, post-office address,
place of nativity, age and occupation of each member, and that
it be printed for the use and convenience of members.
Which, on motion of Mr. Osgood, was laid on the table.
The following bills were introduced, viz:
By Mr. McLean:
A bill to be entitled an act concerning Deeds and recording -
the same.
By Mr. Oliveros:
A bill to be entitled an act repealing an act entitled an act to
change the county lines between St. Johns and Putnam counties,
approved July 30th, A. D. 1868.
By Mr. Paine:.
A bill to be entitled an act authorizing the Judge of the Cir- .
cuit Court to transfer suits from one county to another in certain
cases.
By Mr. Gillis:
A bill to be entitled an act to simplify the mode of making 3
acknowledgments and proofs of deeds and other instruments of
writing affecting real estate.
Which were received and placed among the orders of the
day.
A committee from the Senate appeared at the bar and informed
the Assembly that the Senate had resolved itself into a Court of
Impeachment for the trial of Judge James T. Magbee, and asked
the Assembly to take immediate action in the case.
Mr. Cessna from a Select CommIttee made the following
report:
The select committee of the Assembly, appointed and instruc-
ted to ascertain the present status of the impeachment pending
against James T. Magbee, Judge of the Sixth Judicial Circuit of
the State of Florida, beg leave to
REPORT:
That they have examined the Journals of the Senate and of
the Assembly concerning this matter, and find that on
the day of 1870, the Assembly impeached
James T. Magbee of high crimes and misdemeanors, malfeasance
and incompetency in office; and on the eighteenth day of Feb-
ruary thereafter, through a Committee of Managers, D. L. Mc-
Kinnon, Jas. D. Green and Samuel Walker, preferred five seve-
ral articles of impeachment against him at the bar of the Senate
of the State of Florida; that the Senate, on the same eighteenth
day of February, 1870, resolved,
That the Senate of the State of Florida will organize itself
into a Court of Impeachment, at its next regular session, for the

44

trial of the case of impeachment this day presented by a com-
mittee of the House of Representatives of the State of Florida,
wherein, in the name of the Assembly, and of all the people of
the State of Florida, thty dlid impeach James T. Magbee, Judge
of the Sixth Judicial circuit t of Florida, of high crimes and mis-
demeanors, malfeasance and incompetency in office,' and that a
committee of this Senate be appointed to inform the House of
Representatives of the action of this Senate."
That the House of Representatives were so informed by the
committee appointed in pursuance of said resolution.
That during the extra: session of the Legislature, begun and
held at the Capitol, in the city of Tallahassae, Monday, May 23,
A. D. 1870, to-wit: on the first day of June, A. D. 1870, at 4
o'clock, P. M., the Senate met and organized itself into a Court
of Impeachment, the Chief Justice of the State presiding, and
resolved "that the Secretary of State notify the Assembly and
the respondent that the Senate is now organized for the trial of
the articles of impeachnient against James T. Magbee, Judge of
the Sixth Judicial Circuit of the State of Florida, and is ready
to receive the Managers of the Impeatchment at its bar."
That in response to lthe summnons of the Senate, the respon-
dent, James T. Magbee, and his counsel D. P. Holland and J. P.
C. Emmons, appeared at tile bar of the Senate and their presence
was announced by the Sergeantatat-arms. That formal procla-
mation was made by the Sergeant-ta-armns. That on tile second
day of June, 1870, general rules for the trial of James T. Mag-
bee were adopted by lie Senate ; and that on the same day the
said respondent filed theefollowiug plea before the Senate:
"In the matter of thle impeachment of James T. M[agbee,
Judge of the Sixth .udicital Circuit of the State of Florida,
charged with high crimes, misdemeanors and incompetency in
office.
"Before the Honorablel the Senate m of the State of Florida, sit-
ting as a court of impeachmilent.
And the said J:les T. Mlagbee, Judige of the Sixth Judicial
Circuit of the State of Florida, by his attorneys D. P. Holland
and J. P. C. Emmons, comes here into court and praying leave
of the court to save and reserve unto himself the same right of
objection to all or :my ,of the articles of impeachment against
him preferred by the IloInorable the Assembly of said State,
which he might or would have in case a demurrer te the same
were here tiled, and not confessing or admitting'either the con-
stitutional right of the Hlonorable the Assembly in the premises,
or the sufficiency in law of any of the said articles of impeach-
ment for the purposes intended; says he is not guilty of the said
supposed high crimes, misdemeanors and incompetency in office,
or. any of them, in manner and form as the Honorable the As-

45

sembly aforesaid, in and by the said articles of impeachment, has
complained against him."-By D. P. Holland and J. P. C. Em-
mons.
James T. Magbee, Judge of the Sixth Judicial'Circuit."
Which plea was sworn to and subscribed by the said James
T. Magbee before the Honorable E. M. Randall, C. J. on the
first day of June, A. D. 1870.
That thereupon, Mr. Manager McKinnon, on the part of the
Assembly and as chairman of the Committee of Managers, filed
an application for a continuance till the next regular session of
the Legislature, which was granted, and the Senate, as a court
of impeachment sitting on the trial of James T. Magbee, ad-
journed to the first day of the next regular session of the Legis-
lature.
That the term of office of the late managers appointed by the
late General Assembly at its regular session A. D. 1870, to
manage and conduct the trial of impeachment before the Senate,
has expired.
And they would further report, that they have examined the
charges and articles of impeachment now pending before tbe
Senate against Hon. James T. Magbee, Judge of the Sixth Judi-
cial Circuit of the State of Florida, and the evidence to support
the said articles, and upon careful and deliberate investigation,
we find the articles are frivolous, and the evidence entirely in-
sufficient to sustain the articles of impeachment. That the
gravest charge contained in said charges is the alleged punish-
ment of of William B. Henderson for alleged contempt. They
find upon examination of precedents that the action of Judge
Magbee to be sustained thereby; that at the most the exercise
of the power of Courts to punish for contempt is in a great meas-
ure undefined, and being not expressly limited by statutory enact-
ment, we believe that the exercise of a power so undefined and
unlimited as shown in this case, not to be proper ground of im-
peachment. We are therefore of the opinion that it is inexpe-
dient for this Assembly to further prosecute the said Articles of
Impeachment against Judge James T. Magbee, and recommend
the passage of the following resolution:
Resolved, That a committee of three be appointed on the part
of the Assembly as managers, to appear before the Senate, sit-
ting as a High Court of Impeachment for the trial of the said
Judge of the said Sixth Judicial Circait, who are hereby in-
structed,to discontinue the further prosecution of the said -arti-
cles of impeachment against James T. Magbee, Judge of the
Sixth Judicial Circuit of the State of Florida, and ask that the
said case may be dismissed ; and that they are empowered and

46

instructed to request the services of the Acting Attorney Gene-
ral to assist them in said action.
W. K. CESSNA, Chairman.
JOHN R. SCOTT,
J. WALLACE,
JAMES W. YEARTY.
Which was read.
Mr. McLean, from the same committee, made the following
minority report :
Whereas the report of the select committee, appointed to in-
vestigate and report the present status of the impeachment cause
now pending against James T. Magbee, has been recommitted
to the said committee and report made thereon;
The undersigned begs leave to dissent from the report of the
majority, and urges that the articles are not frivolous but of a
most serious nature, such as should be proven or disproven, and
protests that such action on the part of this house, without
allowing time for the preparation of a matured minority report,
is improper and oppressive.
The undersigned further charges that upon the recommitment,
the majority rendered a report without an assembling of the
committee, and thereupon action was taken which is unparlia-
mentary and improper and calculated to defeat the ends of jus-
tice. J. C. McLEAN.
Which was read.
Mr. Scott moved the adoption of the majority report.
Mr; Wyatt moved the previous question;
Upon the question, shall the main question be now put, the
vote was:
Yeas-Messrs. Butler, Boyd, Cessna, Cruse, Coleman, Daniels,
Gass, Gleason, Graham of Leon, Gillis, Johnson, Jasper, Living-
ston, Logan, McInnes, Osgood, Paine, Sears, Scott, Stearns of
Escambia, Thompson, Wyatt, Wells, Wallace and Yearty-25.
Nays-Messrs. Allen, Alexander, Chalker, Campbell, Duke,
Flowers, Frink, Green, Hull, Hiers, Hendry of Polk, McLean,
Mills, McRae, Neal, Orman, Oliveros, Rhodes, Roberts and
Worthington-21.
So the main question was ordered and the majority report and
resolution adopted.
Messrs. Cessna, Hiers and Johnson were appointed as a Board
of Managers in the case of Judge James T. Magbee as per reso-
lution.
Mr. Cessna moved to reconsider the vote just taken upon ma-
jority report of special committee ;
Which motion was placed among the orders of the day for to-
worrow.
The following message was received from the Senate:

SENATE CHAMBER,
Tallahassee, Florida, Jan. 10, 1871.
Hon. M. L. STEARNS,.
$Speaker, of the Assembly:
SI--I am directed by the Senate to inform your honorable
body that the Senate, sitting as a high court of impeachment,
has adjourned until to-morrow morning, 11 o'clock.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of Senate.
Which was read.
Under a suspension of the rules, Mr. Stearns of Escambia in-
troduced the following bill, viz:
A bill to be entitled an act to establish and maintain a State -
Prison.
"Which was placed among the orders of the day.
ORDERS OF THE DAY.
Assembly bill No. 1, to be entitled an act to provide for the
establishment of a home for the maintainance of aged, infirm and
poor inhabitants of the county of Leon and other counties,
Was read the first time and referred to the Committee on the
Jndiciary.
Assembly bill No. -, to be entitled an act authorizing the
Judge of the Circuit Court to transfer suits from one county to
another in certain cases,
Was read the first time and referred to the Committee on the
Judiciary.
Assembly bill No. -, to be entitled an act repealing an act
entitled an act to change the county lines between St. Johns
and Putnam counties, approved July 30th, 1868,
Was read the first time and referred to the Committee on City
and County Organization.
Assembly bill No. -, to be entitled an act concerning deeds
and recording the same,
Was read the first time and referred to the Committee on the
Judiciary.
Assembly bill No. -, to be entitled an act to simplify the
mode of making acknowledgments and proof of deeds and other
instruments of writing affecting real estate,
Was read the first time and referred to the Committee on the
Judiciary.
Assembly bill No. -, to be entitled an act to establish and
maintain a State Prison,
Was read the first time and referred to the Committee on
State Institutions.

48

Under a suspension of the rules, Mr. Gleason was allowed to
introduce the following bill:
7 A bill to be entitled an act to provide for the protection of the
citizens of this State against defaulting foreign corporations;
Which was read the first time and referred to the Committee
on the Judiciary.
Under a suspension of the rules, Mr. McLean introduced the
following bill:
A bill to be entitled an act concerning limitation of action;
Which was read the first time and referred to the Committee
on the Judiciary.
On motion of Mr. Cessna, the Assembly adjourned until to-
morrow morning, 10 o'clock.

------o---

WEDNESDAY, January 11, 1871.

SThe Assembly met pursuant to adjournment.
The following members were present:
Messrs. Allen, Alexander, Butler, Brown, Boyd, Cessna, Chalk-
er, Cruse, Coleman, Campbell, Duke, Daniels, Elijah, Flowers,
Frink, Gass, Gleason, Graham of Manatee, Graham of Leon,
Green, Gillis, Hull, Hiers, Hendry of Polk, Johnson, Jasper,
Livingston, Logan, McInnes, McLean, Mills, McRae, Neal,
Osgood, Oliveros, Paine, Rhodes, Sears, Scott, Stearns of Es-
cambia, Thompson, Wyatt, Wells, Wallace, Worthington and
Yearty- 46.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Elijah, the further reading of yesterday's
journal was dispensed with and the journal corrected and ap-
proved.
Mr. Brown of Hillsborough presented a petition from citizens
of H-illsborough county asking to be set off into a new county;
Which was on motion referred to committee on City and
County organization.
Mr. Graham of Manatee offered a resolution for the purpose
of paying witnesses in the impeachment case of the. State of Flor-
ida vs. Hon. Jas. T. Magbce;
Which was read.
Mr. Boyd moved to refer the resolution to the Committee on
Claims;
Which was not agreed to.
On motion of Mr. Graham of Manatee, the resolution was re-
'ferred to a special committee of three.

49

The Speaker appointed as said committee, Messrs. Graham of
Manatee, Osgood and Gillis.
Under a suspension of the rule, Mr. Allen presented a petition
from various citizens and tax-payers of Hernando county, relative
to levying a special tax;
Which was received and on motion referred to the Committee
on Finance and Taxation.
Mr. Boyd offered the following resolution:
Resolved, That the Clerk be and he is hereby instructed to-
have printed daily, three hundred and fifty Assembly journals,
for the convenience of the members.
On motion of Mr. Cessna, the resolution was laid on the table.
Mr. Stearns of Escambia, from- Committee on State Institu-
tions, made the following report:
Hon. M. L. ST'EARNS,
Speaker of the Assembly:
SIR-Your Committee to whom was referred Assembly bill
No. 2, respectfully report that they have carefully considered the
same and beg leave to report the same, back with amendments,
and recommend that the same pass with the following amend-
ments, viz:
In section 8, 3d line, strike out the word Assistants," and
insert "Turnkeys" and Watchman," and in same section after
the word prison" in 4th line, add who shall be governed by
the rules and regulations established by the Commissioners of
Public Institutions for the government of the prison."
In section 10, Ith line, after the word "Institutions," add and
shall not exceed seven hundred and fifty dollars for Turnkeys
and six hundred dollars for Watchman."
In section 16, 5th line, strike out the word and" and in-
sert "he."
In[section 24, strike out Assistants" and insert" Watchman."
In section 28 add "and every contractor shall give proper se-
curity to be approved by the Commissioners of Public Institu-
tutions for the faithful fulfillment of all contracts."
R. A. STEARNS, Ch'n.
W. M. C. NEEL,
T. C. GASS,
W. D. SEARS.
Which was read.
The following bills were introduced:.
By Mr. Gleason:
A bill to be entitled an act to Fund the Public Debt.
By Mr. McInnes :

50

to A bill to be entitled an act to establish the office of Harbor
Master for the Port of Jacksonville.
By Mr. Cessna:
t t A bill to be entitled an act relating to the Publication of Le-
gal Notices.
By Mr. Butler:
A bill to be entitled an act for the better preservation of the
Public Health.
By Mr. Johnson:
SA bill to be entitled an act to amend an act to provide for the
Punishment of Crime and proceedings in Criminal Cases.
By Mr. Stearns of Escambia:
1y A bill to be entitled an act for the protection of the Ports and
Harbors of the State of Florida.
By Mr. McInnes:
A bill to be entitled an act to establish the office of Boiler In-
spectors for the Eastern, Southern and Western districts of
Florida.
By Mr. Graham of Manatee:
S A bill to be entitled an act to allow pay for Registering.
/ 7 A bill.to be entitled an act to better regulate the conducting
of Elections.
/; A bill to be entitled an act allowing Pay for sundry services
in connection with Elections.
I:; A bill to be entitled an act regulating the pay of Jurors in
County Courts.
1o A bill to be entitled an act to provide for making copy of Mi-
litia Roll.
S A bill to be entitled an act to provide Compensation for making
out Tax Books; also
,- A bill to be entitled an act concerning the Marks and Brands
of Cattle.
All of which were received and placed among the orders of
the day.
On motion of Mr. Boyd, the Assembly took a recess until four
o'clock, P. M.

FOUR O'CLOCK, P. M.
The Assembly resumed its session.
A quorum present.
The following communication was received from the Secre-
tary of State:
OFFICE OF SECRETARY OF STATE,
Tallahassee, Jan. 10th, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly :
Sin: I have the honor to transmit the following bills deposi-

51

ted in this office after the adjournment of the extraordinary ses-
sion, May 23, 1870, with the objections of the Governor:
An act for the relief of Nathaniel A. Jamieson, late Sheriff of
Columbia county, Florida;
An act to make an appropriation for printing, lithographing
or engraving the coupon bonds authorized in an act passed at
the present session entitled an act relating to the Finances of
this State; and
An act relating to the Finances of this State.
Very respectfully,
JONATHAN C. GIBBS,
Secretary of State.
Which was read, and, on motion of Mr. McLean, the further
consideration of the bills in question was postponed until Mon-
day next.
ORDERS OF THE DAY.
Assembly bill No. 2, to be entitled an act to establish and
maintain a State Prison,
Was taken up, and, on motion of Mr. Scott, read and acted
upon by sections.
Sections from 1 to 9 were read and the amendments proposed
by the committee adopted.
Section 10 was read.
Mr. Cessna moved to amend by striking out in second d ]in
$2,000 and inserting $1,800;
Which was agreed to.
Mr. Boyd moved to amend section 10 by inserting, after
"Deputy Warden," nine" in place of twelve," in third line;
Which was agreed to.
Section 11 was read and adopted.
Section 12 was read and adopted.
Section 13 was read and adopted.
Section 14 was read and adopted.
Section 15 was read and adopted.
Section 16 was read and the amendments proposed by the
committee adopted.
The section as amended was adopted.
Section 17 was read and adopted.
Section 18 was read and adopted.
Section 19 was read and adopted.
Section 20 was read and adopted.
Section 21 was read.
Mr. Scott moved to strike out ten" and insert "eight hours"
wherever it may occur in section 21;
Which was not agreed to.

52

The section was adopted without amendment.
Section 22 was read and adopted.
.Section 23 was read and adopted.
Section 24 was read and the amendments as offered by the
committee adopted.
The section as amended was adopted.
Section 25 was read and adopted.
Section 26 was read and adopted.
Section 27 was read and adopted.
Section 28 was read and the amendment proposed by the
committee adopted.
The section as amended was adopted.
Section 29 was read and adopted.
Section 30 was read and adopted.
Section 31 Nwas read and adopted.
Section 32 was read and adopted.
Section 33 was read and adopted.
Section 34 was read and adopted.
Section 35 was read and adopted.
Section 36 was read and adopted.
Section 37 was read and adopted.
Section 38 was read and adopted.
Section 39 was read and adopted.
Section 40 was read and'adopted.
Mr. Cessna moved that the vote adopting section ten be re-
considered;
Which was not agreed to.
On motion of Mr. Cessna, the bill as amended was adopted as
a whole.
The bill as amended was ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an act to Fund the Public Debt,
"Was read the first time and on motion referred to the Com-
mittee on Finance and Taxation, with instruction to have the
same printed.
Mr. Osgood moved that the rules be waived and that, all bills
on the Clerk's desk be read by their title and referred to their
appropriate committees;
Which was unanimously agreed to.
A bill to be entitled an act to amend an act to provide for the
punishment of crime and proceedings in Criminal Cases,
Was read the first time and referred to Judiciary Committee.
A bill to be entitled an act for the protection of the Ports and
Harbors of the State of Florida,
Was read the first time and referred to the committee on
Commerce and Navigation.
A bill to be entitled an act for the better preservation of the
Public Health,

53

Was read the first time and referred to Judiciary Committee.
A bill to be entitled an act to establish the office of Harbor
Master for the port of Jacksonville,
Was read the first time and referred to committee on Com-
merce and Navigation.
A bill to be entitled an act to establish the office of Boiler
Inspector for the Eastern, Southern and Western Districts of
Florida,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to provide pay for making copy of
Militia Roll,
Was read -the first time and referred to the Committee on
Militia.
A bill to be entitled an act allowing pay for sundry services
in connection with Elections,
Was read the first time and referred to the Judiciary Com-
mittee.
A bill to be entitled an act to regulate the Conducting of Elec-
tions,
Was read the first time and referred to the Committee on
Privileges and Elections.
A bill to be entitled an act relating to the Publication of Legal
Notices,
Was read the first time and referred to the Judiciary Com-
mittee.
A bill to be entitled an act regulating Pay of Jurors in County
Courts,
Was read the first time and referred to the Judiciary Com-
mittee.
A bill to be entitled an act to allow Pay for Registering,
Was read the first time and referred to the Judiciary Com-
mittee.
A bill to be entitled an act to provide compensation for making
out Tax Books,
Was read the first time and referred to the Committee on
Finance and Taxation.
A bill to be entitled an act concerning Marks and Brands of
Cattle,
Was read the first time, and on motion of Mr. Oliveros, re-
ferred to a special committee consisting of Messrs. Alexander,
Paine and Yearty.
Under a suspension of the rule, Mr. Osgood offered a concur-
rent resolution in reference to the pay of certain Witnesses;
Which was read the first time and referred to the Committee
of Managers in the case of the State of Florida vs. James T.
Magbee.
On motion of Mr. Wells, the Assembly adjourned until to-
morrow morning, 10 o'clock.

54

THURSDAY, January 12, 1871.

The Assembly met pursuant to adjournment.
The roll being called, the,following members answered to their
names:
Messrs. Allen, Alexander, Brown, Boyd, Cessna, Chalker,
Coleman, Campbell, Duke, Daniels, Elijah, Flowers, Frink, Gass,
Gleason, Graham of Leon, Green, Gillis, Hull, Hiers, Hendry of
Polk, Johnson, Jasper, Livingston, Logan, McInnes, McLean,
Mills, McRae, Neal, Orman, Osgood, Oliveros, Paine, Rhodes,
Sears, Scott, Stearns of Escambia, Thompson, Wyatt, Wells,
Wallace, Worthington and Yearty-44.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Wyatt, the reading of yesterday's journal
was dispensed with and the journal corrected and approved.
On motion of Mr. McLean, a committee of three, consisting
of Messrs. McLean, Wallace and Gleason, was appointed to re-
vise the Standing Rules of the Assembly.
On motion of Mr. Hiers, the Adjutant General was requested
to furnish one dozen chairs, within' the bar of the Assembly
Hall, for the use of invited guests.
Mr. Johnson presented a petition from H. H. Hoeg contest-
ing the seat of J. R. Scott of Duval;
Which was read, and, on motion, referred to the Committee
on Privileges and Elections.
Mr. Scott offered the following resolution:
Resolved, That the various subjects embraced in the message
of his Excellency, the Governor, be referred to the appropriate
committees by the chair.
Which was read and adopted.
The Speaker presented the following communication from Mr.
Barfield:
ASSEMABLY HALL, January 6th, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly :
SIR: I have the honor to hereby tender my resignation as a
member of this Assembly and pray the acceptance thereof.
I have the honor to be,
SVery respectfully,
Your obedient servant,
J. F. BARFIELD,
Member Assembly Jackson county.
Which was read.

55

Mr. Butler moved that the resignation of Mr. Barfield be re-
ceived;
Which was agreed to.
The following message was received from the Senate :
SENATE CHAMBER,
Tallahassee, Fla., Jan. 12th, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly:
SIn: I am directed by the Senate to inform your honorable
body that the Senate has this day passed Senate bill No. 1, an
act entitled an act to repeal section seven of an act entitled an
act relating to Stevedores, approved Feb. 7, 1870.
Also, Senate bill No. 3, an act entitled an act to incorporate
the Hope Hook and Ladder Company, No. 1, of the city of
Pensacola, Florida.
Also, Senate bill No. 4, an act entitled an act to repeal section
six of an act entitled an act to incorporate the Jacksonville Hotel
Company.
Also, Senate bill No. 6, an act entitled an act to incorporate
the Pensacola Insurance Company.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of Senate.
"Which was read and the accompanying bills placed among the
orders of the day.
The following bills were introduced:
By Mr. Yearty:
A bill to be entitled an act authorizing George Caraway of
,Calhoun county, a minor, to take charge of and control his es-
tate; also,
A bill to be entitled an act to change the name of George
Washington Ayers to that of George Washington Stevens.
By Mr. Hiers:
A bill to be entitled an act for the relief of Hon. A. J. Clyatt,
County Judge for Levy county, and other Judges similarly situ-
ated.
By Mr. Gillis:
A bill to be entitled an act concerning Roads and Bridges.
Which were received and placed among the orders.of the
day.
The following committee report was received:
To the Honorable M. L. STEARNS,
Speaker of the Assembly:
SIn: Your committee, to whom was referred the joint resolu-
lution endorsing and confirming amendments to the Constitution,

56

proposed by the last Legislature, beg leave to report, that they
have carefully and deliberately examined them and recommend
that they do pass. W. K. CESSNA, Chairman.
E. M. GRAHAM,
JAMES C. McLEAN,
JOHN R. SCOTT.
Which was read.

ORDERS OF THE DAY.

Assembly bill to be entitled an act authorizing George Cara-
way of Calhoun county, a minor, to take charge of and control
his estate,
"Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill to be entitled an act to change the name of Geo.
Washington Ayers, to that of George Washington Stevens,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill to be entitled an act for the relief of Hon. A.
J. Clyatt, County Judge for Levy County, and other County
Judges similarly situated.
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill to be entitled an act concerning Roads and
Bridges,
Was read the first time and referred to the Judiciary Com-
mittee.
Senate bill No. 4, an act entitled an act to repeal section six,
(6) of an act entitled an act to incorporate the Jacksonville Hotel
Company,
Was read the first time and on motion, referred to Committee
on Corporations.
Mr. McLean moved that all the Senate bills lying on the Clerk's
desk be read by their title and referred to appropriate com-
mittees;
Whiah was unanimously agreed to.
Senate bill No. 6, an act entitled an act to incorporate the
Pensacola Insurance Company,
Was read the first time and referred to Committee on Cor-
porations.
Senate bill No. 3, an act entitled an act to incorporate the
Hope Hook and Ladder Company, No. 1, of the city of Pensa-
cola, jFlorida,
Was read the first time and referred to the Committee on
Corporations.
Senate bill No. 1, an act entitled an act to repeal section seven

57

(7) of an act entitled an act relating to Stevedores, apI roved
February 7th, 1870,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly joint resolution agreeing to ratifying and confirming
amendments to the State Constitution,
Was read the second time and, on motion referred to Com-
mittee on Judiciary, with instructions to have the same printed.
Under a suspension of the rule, Mr. Butler presented a peti-
tion' from W. II. Bencss, contesting the seat of W. H. Gleason
of Dade county;
Which was read and referred to the Committee on Privileges
and Elections.
On motion, the Assembly adjourned until to-morrow morning
ten o'clock.

---------

FRIDAY, January 13, 1871.

The Assembly met pursuant to adjournment.
The following members were present:
Messrs. Allen, Alexander, Butler, Brown, Boyd, Cessna,
Chalker, Cruse, Crane, Coleman, Campbell, Duke, Daniels,
Elijah, Flowers, Frink, Gass, Graham of Leon, Green, Gillis,
Hull, Hiers, Hendry of Polk, Johnson, Jasper, Livingston, Lo-
gan, McInnes, McLean, Mills, Neal, Orrnan, Osgood, Oliveros,
Paihe,; Rhodes, Sears, Scott, Stearns of Escambia, Thompson,
Wyatt, Wells, Wallace, Worthington and Yearty-44.
A quorum present.
Prayer by the chaplain.
SOn motion the reading of yesterday's journal. was dispensed
with and the journal approved.
The following bills were introduced:
By Mr. Daniels:
A bill to be entitled an act for the relief of Benjamin Saxon.
By Mr. Boyd:
A bill to be entitled an act to regulate the Fees of Officers;
Which were received and placed among the orders of the day.
Mr. Cessna offeredthe following joint resolution:
A joint resolution relating to the Jacksonville, Pensacola and
Mobile Railroad Company;
Which were received and placed among the orders of the day.

58

ORDERS OF THE DAY.
Assembly bill to be entitled an act for the relief of Benjamin
Saxon,
Was read the first time and referred to the Committee on
Claims.
Assembly bill to be entitled an act to regulate the Fees of
Officers,
Was read the first time and referred to the Committee on the
Judiciary.
A joint resolution relating to the Jacksonville, Pensacola and
Mobile Railroad Company,
Was read the first time and referred to the Committee on
Railroads.
Mr. Gleason moved that the Assembly adjourn until ten o'clock,
to-morrow morning;
Which was not agreed to.
Mr. McLean moved to adjourn until half-past nine o'clock, to-
morrow morning;
Which was not agreed to.
On motion of Mr. Osgood, the Assembly took a recess until
4 o'clock, this afternoon.

FOUR O'CLOCK, 'P. M.
The Assembly resumed its session.
The roll being called, the following members answered to
their names:
Messrs. Allen, Alexander, Butler, Brown, Boyd, Cessna, Chalk-
er, Coleman, Campbell, Duke, Elijah, Flowers, Gass, Gleason,
Graham of Leon, Green, Gillis, Hull, Hiers, Hendry of Polk,
Johnson, Jasper, Livingston, Logan, McInnes, McLean, Mills,
McRae, Neal, Orman, Osgood, Oliveros, Paine, Rhodes, Sears,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace, Worth-
ington and Yearty-41.
A quorum present.
Under a suspension of the rules, the following committee re-
ports were received:
Mr. Boyd from the committee on Commerce and Navigation
made the following report :
Your Committee on Commerce and Navigation, to whom was
referred an act to be entitled an act to establish the office of
Harbor Master for the port of Jacksonville, beg leave to report
that they have had the same under consideration, and would
respectfully recommend that the same do not pass for the follow-
ing reason, viz:

59

That the object sought to be obtained by the act is already
provided for under the act incorporating cities and towns.
Respectfully.
SAMUEL BOYD, Ch'n.
J. R. SCOTT,
W. T. ORMAN.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following :
Your Committee on Commerce and Navigation, to whom was
referred Senate bill No. 1, entitled an act to repeal section 7 of
an act relating to Stevedores, approved February 7th, 1870, beg
leave to report that they have had the same under consideration,
and would recommend its passage.
Respectfully,
SAMUEL BOYD, Ch'n.
J. R. SCOTT,
W. T. ORMAN.
"Which was read and the accompanying bill placed among the
orders of the day.
Mr. Alexander, from a special committee, made the following
report:
The special committee, to whom was referred a bill to be en-
titled an act concerning marks and brands of beef and stock cat-
tle, beg leave to report that they have examined the same and
recommend that it do pass.
F. H. ALEXANDER, Chairman.
JAMES W. YEARTY,
JAMES PAINE, SR.
Which was read and the accompanying bill placed among the
orders of the day.
The Speaker made the following announcements:
In pursuance of the resolution offered yesterday by Mr. Scott
the chair refers that part of the Governor's message which re-
lates to Finance, County Railroad Debts and Railroad Bonds,
to the Committee on Finance.
That much which relates to Immigration to the Committee on
Agriculture.
That which relates to the School System to the Committee on
Education.
That which relates to the Penitentiary, Homes for the Poor,
Public Institutions and a University, to the Committee on State
Institutions.
That which relates to homestead exemptions, restoration of
property, pardons, commutations and exemptions, legislative
records and the political condition, to the Judiciary Committee.

60

Under a suspension of the rules, Mr. Gleason, from the Com-
mittee on Finance aind Taxation, on bill No. 24, reported the
bill back t to he Assembly with information that they have had
the same printcd,'as per .request of Assembly, which is on the
desks of the .members of the Assembly.
Under a suspension of the rules, the foll wing reports were
made :
COMMITTEE RoOM, January 13, 1871.
To the Hon..M. L. STEARNS,
Speaker of the Assembly :
Sm: Your committee, to whom was referred the petition of
Daiiel M. McAlpen, contesting the seat of W. D. Sears, beg
leave to
REPORT:
Tlhat they have carefully examined the evidence in connection
with the petition, and that they find it conflicting in many par-
ticulars, and vague, and that they find but one precinct return
which 'answers the requirements of law, and even that has
charges of irregularity hanging over it. In the return here re-
ferred to, W. D. Sears appears to receive one hundred votes and
Daniel M. McAlpen nene.
SYour committee furtheil report, in consequence of the state of
filctts.above set forth, that they-are unable to determine the case
satisfactorily to themselves, and would respectfully report it back
to the Assembly for such action as is deemed just and right.
.W. K. CESSNA, Chairman.
E. Al. ALLEN,
G. WORTHINGTON.
COnIITTEE ROOM, J:nuary 13, 1871.
To fHON. M. L. STEARNS,
Speaker of lthe Assembly :
Sii.: The'lundersigned, imc bers of the Coummittee on Privil-
ege's rid. Elctiois, to wh)om was rfterred the matter. of the pe-
tition 'o' Daniel M. McAlpen. coniitsting the seat of William D.
Sear.S ()f Lyltyktte county, would respectfully .
REPORT :
TiIit I lihive carefully examined the u mss of doutilents and
cvid6lIceir.the case ;:il.JI 'firhd on;y oe retur' leghllyi l i pr,':-
erly-: avneiitiIeIn.lt l'SfIgetd y:.thi itispeetbr, anid cilek of t il- le.-
tion at New Troy precinct in said county, which gives Williar
D..Sfira nueilhneddri'(l vote ;sirtil Dtinlil 'M. McAlpen noni. 'The
rettn'n!hbtuh chl-r,'ited as ill-. 1' .l r ', lrguhl bears fio-0eidence
thereof oni Attlhe, tleretlbj' [':wu6tuld 't(foome'nd that the said

61

William D. Sears be declared legally elected and entitled to re-
tain his seat in the Assembly.
Respectfully submitted,
SAMUEL BOYD.
Which were read.
SMr. Wallace moved the adoption of the minority report.
Mr. McLean moved to lay the motion upon the table.
Upon which the yeas and nays being called, the vote was:
Yeas-Messrs. Allen, Alexander, Brown, Chalker, Campbell,
Duke, Flowers, Frink, Green, Hiers, Hendry of Polk, McLean,
Mills, McRae, Neal, Orman, Oliveros, Rhodes and Worthing-
ton-19.
Nays-Messrs. Butler, Boyd, Cessna, Cruse, Crane, Coleman,
Elijah, Gass, Gleason, Graham of Leon, Gillis, Hull, Johnson,
Jasper, Livingston, Logan, McInnes, Osgood, Paine, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace and
Yearty-26.
So the motion to lay on the table was lost, and the minority
report adopted.
Under a suspension of the rule, the following report from the
Committee on Privileges and Elections was received:
To THE ASSEMBLY :
The Committee on Privileges and Elections, in the case of R.
R. Sheppard vs. John W. Butler from Santa Rosa county:
The petitioner, R. R. Sheppard, not having appeared to prose-
cute his claims to the seat, and from the evidence adduced, your
committee are satisfied that the present incumbent is legally enti-
tled to his seat, having, as the returns show, received a majority
of the votes cast in Santa Rosa county.
W. K. CESSNA, Chairman.
Which was read and adopted.
On motion of Mr. Butler, Senate bill No. 1, to'be entitled an
ac, to repeal section seven.of an. act entitled an act relating to
Stevedores approved February 7th, 1870,
Was taken up, read the second time, the rule unanimously
waived, read the third time, and put upon its passage.
The vote was:
Yeas-Messrs. Allen, Alexander, Brown, Boyd, Cessna, Chalk-
er, Cruse, Crane, Coleman, Campbell, Duke, Elijah, Flowers,
Frink,, Gass, Gleason, .Gilaham of Leon, Green, Gillis, Hull,
Hiers, ITAndry of Polk, Johnson, Jasper, Livingston, Logan,
McIlnes, McLean, Mills, lMcRa,: Neal, Orman, Osgbod, Oli-
veros, Paine, Sears, Scott, Thompson, Wells, Wallace and;
Yearty-42. .
Nays-Mr. Stearns of Escambia-1.
So the bill passed.

62

Assembly bill to be entitled an act concerning marks and
brands,
Was read the second time and ordered to be engrossed.
Assembly bill to be entitled an act to establish the office of
Harbor Master for the port of Jacksonville,
Was read the second time, and on motion of Mr. Wyatt, in-
definately postponed.
On motion of Mr. Scott, the Assembly adjourned until to--
morrow morning, ten o'clock.

-0o

SATURDAY, January 14, 1871.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Messrs. Allen, Alexander, Butler, Brown, Boyd, Cessna, Chalk-
er, Coleman, Campbell, Duke, Daniels, Elijah, Flowers, Frink,
Gass, Gleason, Graham of Leon, Green, Gillis, Hull, Hiers,
Hendry of Polk, Johnson, Jasper, Livingston, McInnes, McLean,
Mills, McRae, Neal, Orman, Osgood, Oliveros, Paine, Rhodes,
Sears, Scott, Stearns of Escambia, Thompson, Wyatt, Wells,
Wallace, Worthington and Yearty-43.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. 'McInnes, the reading of yesterday's
journal was dispensed with and the journal corrected and ap-
proved.
Mr. Gillis moved a reconsideration of the minority report
adopted in the matter of the contested seat between William D.
Sears and Daniel M. McAlpen.
Mr. Butler moved to lay the motion on the table;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Butler, Boyd, Coleman, Elijah, Gass, Gleason,
Graham of Leon, Johnson, Jasper, Livingston, Logan, McInnes,
Osgood, Paine, Scott, Stearns of Escambia, Thompson, Wyatt,
Wells, Wallace and Yearty-21.
Nays-Messrs. Allen, Alexander, Brown, Campbell, Duke,
Flowers, Green,Gillis, Hull, Hiers, Hendry of Polk, McLean,
Mills, McRae, Neal, Orman, Oliveros, Rhodes and Worthing-.
ton-19.
So the motion to lay on the table was carried.
Mr. Hiers moved that all the papers relative to the case of

63

Daniel M. McAlpen, now in the hands of the Committee on
Privileges and Elections, be transmitted to the Senate..
Mr. Osgood moved to lay the motion on the table;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Butler, Boyd, Cessna, Coleman, Elijah, .Gass,
Gleason, Graham of Leon, Gillis, Johnson, Jasper, Livingston,
Logan, McInnes, Osgood, Paine, Sears, Scott, Stearns of Escam-
bia, Thompson, Wyatt, Wells, Wallace and Yearty-24.
Tays-Messrs. Alien, Alexander, Brown, Chalker, Crane,
Campbell, Duke, Flowers, Green, Hull, Hiers, Hendry of Polk,
McLean, Mills, McRae, Neal, Orman, Oliveros, Rhodes and
Worthington-20.
So the motion to lay on the table was carried.
On motion of Mr. Osgood, Mr. Logan was excused from at-
tendance on the Assembly to-day.
Mr. Gass offered the following resolution:
Resolved, That whereas Wm. M.'Duke, Wm. T. Orman and
B. F. Oliveros did hold office previous to the late rebellion and
took an oath to support the Constitution and government of the
United States, therefore, the Committee on Privileges and Elec-
tions are hereby ordered to inquire into and report to this house
whether either of the aforesaid persons participated in the late
rebellion and whether they are entitled to seats in this As-
sembly;
Which, on motion of Mr. McLean, was laid on the table.
Mr. Boyd offered the following resolution:
Whereas, there is a diversity of legal opinion as to whether the
Code of Procedure, approved Feb. 19th, 1870, abolishes the
prior existing garnishment laws: and whereas, it is considered
by many citizens that said garnishment laws, with a few modifi
cations, are essential to the public good; therefore,
Be it resolved, That the Judiciary Committee be instructed I
inquire into the same and report the expediency of continuing
such garnishment laws.
Which was read and adopted.
Mr. Gleason offered the following resolution:
Resolved, That the Committee on Printing ascertain whether
the Digest of the Laws of Florida, which has been prepared by
Judge Bush, is in a condition so that it can be arranged without
any additional expense, so that the laws of the present Legisla-
ture may be incorporated therein.
Which was read and adopted.
The following bills were introduced:
By Mr. Wallace:

64

A bill to be entitled an act for the protection of animals run-
ning at large.
By Mr. Gillis:
A bill to be entitled an act requiring County Commissioners
to publish annual statements of the receipts and expenditures of
the counties and to approve all demands required to be paid by
counties.
" By Mr. Gleason:
A bill to be entitled an act defining Executive, Legislative,
Judicial and Administrative Officers.
By Mr. Mills:
A bill to be entitled an act to make State Scrip redeemable for
State tax, State lands, and all other State dues; also,
A bill to be entitled an act to stay executions on judgments
in civil cases.
A bill to be entitled an act giving Justices of the Peace ju-
risdiction in sums of one hundred dollars on notes and settled
accounts.
Also a bill to be entitled an act to change the time of holding
the term of the Circuit Courts for the counties of Volusia and
Orange, in the 7th Judicial Circuit of Florida.
By Mr. Boyd:
A bill to be entitled an act to organize the Farmer's and La-
borer's Immigration Company of Florida, and for other pur-
poses;
"Which were received and placed among the orders of the
day.
The following committee reports were received:
Mr. Gillis from the Committee on Engrossed Bills made the
following report:
The Committee on Engrossed Bills report the following bills
as correctly engrossed, viz:
A bill to be entitled an act to establish and maintain a State
Prison; and
A bill to be entitled an act to amend an act entitled an act
concerning marks and brands of beef and stock cattle.
CALVIN GILLIS, Chairman.
Which was read.
Mr. Gleason, from the Committee on the Judiciary, made the
following report:
Hon. M. L. STEARNS,
Speaker of the Assembly:
Sir-The Committee on the Judiciary would respectively re-
port back to the Assembly, Assembly bills Nes. 1, 16, 17 and
21, by substitute a bill defining the duties of County Commis-
sioners.
Also bill No. 4, without any amendment.
Also bill No. 3, by substitute.

65

Also bill No. 7, with the following amendments: Fill the
blank in section No. 1, by inserting thirty." To amend section
2, by inserting after the word act," in the fifth line, the words
" deemed guilty of a felony and."
Also to amend the same section by striking all out of the sec-
tion after the word "costs" in the ninth line.
Also to amend section 3 by striking out the words in some"
before newspaper" and insert in the three official newspapers
of the State."
W. H. GLEASON, Ch'n.
J. C. McLEAN,
W. K. CESSNA.
"Which was read and the accompanying bills placed among
the orders of the day.
The following communication was received from his Excellency
the Governor:
EXECUTIVE OFFICE, Tallahassee, Jan. 14, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly :
SIm-I have the honor to submit herewith a communication
from the executive committee of the National Immigration Con-
vention, held at Indianapolis, Indiana, in November last.
In view of the importance to our State of better facilities to
induce foreign immigration, I appointed four persons to repre-
sent the State of Florida in that Convention, viz: J. S. Adams,
Commissioner of Immigration, Prof. Thieman of Quincy, Gen.
Wm. M. Ledwith of Jacksonville, and Gen. J. T. Bernard of
Tallahassee, neither of whom were able to attend, and the State
was therefore unrepresented.
I most cordially approve of the preamble and resolutions of
the Convention and commend them to the consideration of the
Assembly. Very Respectfully,
HARRISON REED,
Governor.
Which was read and the communication and accompanying
documents referred to the Committee on Agriculture.
ORDERS OF THE DAY.
Assembly bill No. 2, to be entitled an act to establish and
maintain a State Prison,
Was read the third time.
Mr. Cessna moved that the bill be placed back upon its second
reading for the purpose of amendment;
Which was agreed to.
9

66

Mr. Cessna offered the following amendment to 22d section:
Strike out the word witness" and insert "convict;"
Which was agreed to.
Mr. Flowers moved to strike out section one;
"Which was not agreed to.
On motion the rule was unanimously waived, the bill as amen-
ded read the third time and put upon its passage.
The vote was:
Yeas-Messrs. Boyd, Cessna, Chalker, Cruse, Coleman, Camp-
bell, Elijah, Gass, Gleason, Graham of Leon, Green, Gillis, Hull,
Johnson, Jasper, Livingston, McInnes, McLean, Osgood, Paine,
Sears, Scott, Stearns of Escambia, Thompson, Wyatt, Wells,
Wallace and Yearty-28.
Nays-Messrs. Allen, Alexander, Brown, Duke, Flowers,
Frink, Mills, Neal, Orman, Oliveros, and Worthington--1.
So the bill as amended passed-title as stated. ,
Ordered that the same be certified to the Senate.
Under a suspension of the rule, Mr. Wallace offered the fol-
lowing resolution :
Resolved, That the Committee on Agriculture is hereby re-
quested to prepare a bill for the better protection of labor in
this State;
Which was read and adopted.
Mr. Duke moved that the Assembly adjourn until Monday
morning, ten o'clock;
Which was not agreed to.
A motion to take a recess until three o'clock was rejected.
Assembly bill Nos. 1, 16, 17, and 21 came up on their second
reading, and the substitute offered by the committee read and
adopted, and the same ordered to'be printed.
Assembly bill No. 4, to be entitled an act authorizing the
Judge of the Circuit Court to transfer suits from one county to
another in certain cases,
Was read the second time and ordered to be engrossed.
Assembly bill No. 3, to be entitled an act concerning limita-
tion of action,
Was read the second time, substitute as offered by the com-
mittee adopted, and ordered to be engrossed for a third reading
on Monday.
Assembly bill No. 7, to be entitled an act to provide for the
protection of the citizens of this State against defaulting foreign
corporations,
Was read the second time, and amendments as offered by the
committee concurred in and the bill as amended ordered to be en-
grossed for a third reading on Monday.
A motion to adjourn until Monday 4 o'clock, P. M., was lost.
On motion of Mr. McLean, the Assembly adjourned until
Monday morning, 11 o'clock.

67

MONDAY, January 16, 1871.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Messrs. Alien, Alexander, Butler, Brown, Boyd, Chalker,
Cruse, Coleman, Campbell, Duke, Daniels, Elijah, Flowers,
Frink, Gass, Graham of Leon, Green, Gillis, Hull, Hiers, Hendry
of Polk, Johnson, Jasper, Livingston, Logan, McInnes, McLean,
Mills, McRae, Neal, Orman, Oliveros, Paine, Rhodes, Sears,
Scott, Stearns ofEscambia, Wyatt, Wells, Wallace, Worthington
and Yearty-41.
A quorum present.
Prayer by the chaplain.
On motion of Mr. Graham of Leon, the reading of Saturday's
journal was dispensed with, and the journal approved.
Mr. Daniels presented a petition from J. H. Armstrong, con-
testing the seat of Hon. A. J. Flowers, member elect from Co-
lumbia county.
Mr. Wallace moved to refer the petition to the Committee on
Privileges and Elections;
Which was agreed to.
Mr. Oliveros presented the following memorial from the Board
of Public Instructions in reference to Public Schools:

TO THE HONORABLE LEGISLATURE.
In consequence of the failure of the last Legislature to
make the necessary appropriation, several of the counties have
been obliged to close the public schools, while others have
been unable to pay their teachers, causing them great pecuniary
distress. This remissness of duty has been very injurious to
the cause of education, and has caused great embarrassment.
Prompt action on your part will relieve us from this dilemma.
Let me urge upon you the passage of a law making the State
tax for the common school fund and the seminary fund payable
in United States currency. It is manifestly unjust to pay scrip
to these different funds, as by so doing they do not get half the
amount which is honestly due them. Allow me, also, to ask the
passage of a law making it the imperative duty of the State
Treasurer to pay the interest due these funds in current money.
It is an act of great injustice to do otherwise. Deeply impressed
with the need of a more ample school fund, owing to the much
larger number of children who can now receive the advantages
of an education, and the impoverished state of our people since
the war, I respectfully ask the passage, by your honorable body,
of a resolution instructing our Representative in Congress to

68

take immediate and efficient action to obtain from the United
States another donation of the public lands, the avails of which
shall be devoted to the interest of the common schools.
The Hon. J. S. Adams, Commissioner of Immigration, tells
the people of other States, in order to procure immigration, in
beautiful and flowery language of our sunny clime and Italian
skies, of our fertile soil, and tropical fruits, of our beautiful St.
John's and lovely lakes-let him tell them of our excellent school
system, of our school fund which, although not ample at present,
we are determined soon shall be, and he will have offered one of
the' strongest inducements that he possibly could to heads of
families to come and abide with us.
LEGISLATORS OF FLORIDA! I commend to your fostering care
our system of public schools. Important as'are all the interests
under your supervision, those of education are the most vital. It
is your duty not only to foster and develop our free school system
by every means in your power, but you should carefully shield is
against all attacks, either from open or insiduous enemies. Main-
tain inviolate the fundamental principle that the property of the
State shall educate the children of the State.
Remember that ignorance is a dangerous element in a repub-
lican form of government like ours. It is better suited to a
monarchy or an aristocracy than where the people are the only
sovereigns. And the stability of government depends upon the
intelligence and virtue of the people, and the whole people, with
no barriers of rank, caste or color. And this fact should be
borne in mind by every American citizen, that the hope of our
country for the future is not so much in our natural resources,
in our rich prairies, broad and navigable rivers, and our mines
of silver and gold, those Ophirs and Eldorados of wealth, as in
the right education of the people, and the whole people. Open
wide the gates of the temple of learning to all, rich or poor, black
or white. Though the work of elevating the masses may be
operose, yet the efficient means are at hand and in operation.
Every letter taught to lispinginfancy, every periodical published
and sent abroad, every school, and every institution of learning,
herald the approach of that good time coming. Knowledge
makes the world present phases new and more cheering to the
mind. It introduces man to objects and glories visible and in-
visible, tangible and intangible. To its possessor it unravels
things mysterious and marvellous, and enables him to ascend to
stupendous heights, and to descend to wondrous depths. By
the light of its inventions the astronomer soars among the stars,
counts their number, calculates their magnitude, measures their
distance, and marks their revolutions. By its lamp the geo-
logist penerates the earth's crust, explores her secrets, from the
old red sandstones up to her alluvial soils, exhibiting her fossils
and her petrifactions. Nay, it makes us acquainted with the

69

denizens ot other ages, whose thoughts still live and light the
world. It brings back the deeds of former times, and renews
the events of other ages, a's vividly to us as if we had lived
there and then. It is true the eye of science can never dis-
cover another continent in the far-off solitude of another ocean;
yet it can unite the past with the present, enable its students
to become the spectator of every age, and the wonderful
changes and evolutions through which society, in its upward
struggle, has passed. The rise and fall of empires, the pro-
gress of art and literature, with the wars and conquests which
fill the historic page, are all crowded into a single life's volume,
and thus the experience of an age becomes the experience of a
day. Knowledge awakens our sympathies, enlarges our desires,
and multiplies the supply. It brings us into contact with so-
ciety, enlivened, enriched and refined by its blessings. It is the
student's passport, companion, counsellor and friend. The abil-
ity to acquire knowledge is derived from Deity. He is the fount,
the river and rivulet of all knowledge. Knowledge is the
strength of our country, the corner-stone of the republic, the
basis of her government, the source of her glory, and the prop
of her institutions. Our school-houses are her forts, and our
teachers her sentinels on duty The men from this and other
countries the most eminent, the men from this and other ages
the most illustrious, have come up from the humble walks of
"life, and learning has achieved for them a position superior to
that gained by wealth or noble birth.
Which was read and on motion referred to the Committee on
Education.
Mr. Johnson offered the following resolutions:
Resolved, That the Governor is hereby requested to report to
this House his official action in relation to the issue and exchange
of Bonds with the Jacksonville, Pensacola and Mobile Railroad
Company authorized under Chapter 1,731 of the Laws of Florida,
passed at the regular session of 1870.
1st. The amount of State Bonds issued and delivered to said
Company.
2d. The amount of first mortgage bonds of said Company re-
ceived in exchange, and what disposition has been made with
the same.
"Which was read and adopted.
Also a concurrent resolution in reference to examining into
and cancelling certain scrip in the Treasurer's office.
Mr. McLean moved to defer further consideration of the Res-
olution until to-morrow;
Which was not agreed to.

70

Mr. McLean moved to lay.the resolution on the table;
Which was not agreed to.
Mr. Scott moved the adoption of the resolution;
Which was agreed to.
Mr. Cessna offered the following resolution:
Resolved, That a committee of five be appointed to inquire
into the validity and worth of the official bonds given by the
officers of the Financial Department of the State government;
Which was read and adopted.
Mr. Boyd offered the following resolution :
Whereas, the constitution of this State provides that registered
voters shall be qualified to serve as jurors, and it prohibits the
Legislature from requiring any educational qualifications for elec-
tors or jurors until after the year A. D. 1880;
And whereas, it has been the practice of a portion of the judi-
ciary in this State to require such additional qualifications ofju-
rors, thereby excluding many citizens of this State from serving
on juries, and thus violating the constitution;
Therefore be it resolved, That the Committee on the Judiciary
be, and is hereby instructed to report as as soon as practicable,
the expediency of amending the existing law in regard to Jurors,
in order to protect the citizens of this State in their constitutional
rights;
Which was read and adopted.
Mr. Cessna offered the following resolution:
Resolved, That the Treasurer is requested to inform the As-
sembly at the earliest moment practicable as to the amount of
warrants now in his office, stating the amount of warrants em-
braced in the class receivable for taxes, and the amount of war-
rants which are not receivable for taxes;
Which was read and: adopted.
Mr. Stearns of Escambia was allowed to introduce the follow-
ing bill:
A bill to be entitled an act to change the name of the State
Penitentiary;
Which was received and placed among the orders of the day.
Mr. Gillis from the Committee on Engrossed bills made the
following report:
The Committee on Engrossed bills report the following bills
as correctly engrossed, viz:
Bill No. 4, entitled an act authorizing the Judge of the Circuit
Courts to transfer suits from one county to another;
Also bill No. 3, entitled an act concerning Limitations of
Actions;

71

Also bill No..7, entitled an act to provide for the protection
of the citizens of this State against defaulting foreign corpo-
rations.
C. GILLIS, Chairman.
Which was read and the accompanying bills placed among the
orders of the day.

ORDERS OF THE DAY.

Assembly bill to be entitled an act to change the name of the
State Penitentiary,
Was read the first time and referred to the Committee on
State Institutions.
Assembly bill to be entitled an act for the protection of Ani-
mals running at large,
Which was read the first time and referred to the Committee
on Agriculture.
Assembly bill to be entitled an act to change the times of hold-
ing the terms of the Circuit Courts for the counties of Volusia
and Orange, in the 7th Judicial Circuit of Florida,
Was read the first time and referred to the Committee on the
Judiciary.
Assembly bill to be entitled an act giving Justices of the
Peace jurisdiction in sums of one hundred dollars on notes and
settled accounts,
Was on motion withdrawn.
Assembly bill to be entitled an act to make State Scrip redeem-
able for State Taxes and State Lands, arid all other State dues,
Was read first time and referred to thb Committee on Finance
and Taxation.
Assembly bill to be entitled an act defining Executive,'Legis-
lative, Judicial and Administrative Officers,
Was read first time and referred to the Judiciary Committee.
Assembly bill to be entitled an act requiring County Commis-
sioners to publish annual statements of the receipts and expen-
ditures of the counties, and to approve all demands required to
be paid by the counties,
Was read first time and referred to Judiciary Committee.
Assembly bill to be entitled an act to Stay Executions on Judg-
ments in civil cases,
Was read the first and referred to the Judiciary Committee.
Assembly bill to be entitled an act to organize the Farmers
and Laborers Immigration Company of Florida, and for other
purposes,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 4 to be entitled an act authorizing the

72

Judges of the Circuit Court to transfer suits from one county to
another in certain cases,
"Was read the third time and put upon its passage.
The vote was:
Yeas-Messrs. Allen, Alexander, Butler, Brdwn, Boyd, Chal-
ker, Cruse, Campbell, Duke, Daniels, Elijah, Flowers, Frink,
Gass, Graham of Leon, Green, Gillis, Hiers, Hendry of Polk,
Johnson, Jasper, Livingston, McInnes, McLean, Mills, McRae,
Neal, Orman, Osgood, Oliveros, Paine, Rhodes, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace, Worth-
ington and Yearty-41.
Nays-None.
Mr. Boyd moved to amend the title of the bill by adding the
word "-courts," instead of "court," and "judges" instead of
"judge;"
Which was agreed to.
The bill passed-title as amended.
Ordered that the same be certified to the Senate.
Assembly bill No. 20 to be entitled an act concerning Marks
and Brands of Beef and Stock Cattle,
Was read the third time, and on motion of Mr. Hendry of
Polk, was placed back upon its second reading.
On motion of Mr. McLean, Messrs. Hiers and Hendry of Polk
were added to special committee on marks and brands.
Assembly bill No. 7 to be entitled an act to provide for the
protection of the citizens of the State against defaulting Foreign
Corporations,
Was read the third time, and on motion of Mr. Gillis, was
placed back upon its second reading.
Mr. Gillis offered various amendments, which with the bill
was on motion recommitted to the Judiciary Committee.
On motion of Mr. McInnes, the Assembly adjourned until to-
morrow morning ten o'clock.

0-o-

TUESDAY, January 17, 1871.

The Assembly met pursuant to adjournment.
The following members were present:
Messrs. Allen, Alexander, Butler, Brown, Boyd, Cessna,
Chalker, Cruse, Crane, Coleman, Campbell, Duke, Daniels,
Elijah, Flowers, Frink, Gass, Graham of Leon, Green, Gillis,
Hull, Hiers, Hendry of Polk, Johnson, Jasper, Livingston, Lo-
gan, McInnes, McRae, Mills, Neal, Orman, Osgood, Oliveros,

73

Paine, Rhodes, Sears, Scott, Stearns of Escambia, Thompson,
Wyatt, Wells, Wallace, Worthington and Yearty-44.
A quorum present.
Prayer by the chaplain.
On motion the reading of yesterday's journal was dispensed
with and the journal corrected and approved.
The following message was received from the Senate :
SENATE CHAMBER,
Tallahassee, Fla., Jan. 16th, 1871.
Hon. M. L. STEAENS,
Speaker of the Assembly :
Sin: I am directed by the Senate to inform your honorable
body that the Senate has this day adopted-
Senate concurrent resolution No. 1, relative to adjournment
Also Senate concurrent resolution No. 4, relative to investiga
ting the accounts and books in the office of the Secretary of the
Treasury.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of Senate.
Which was read and the accompanying resolutions placed
among the orders of the day.
In pursuance of a resolution the Chief Clerk appointed D. S.
Sessions, Recording Clerk of the Assembly, the appointment to
-date from 3d January, A. D. 1871.
The following bills were introduced:
By Mr. Gillis:
A bill to be entitled an act requiring the Comptroller to audit
and allow, and the Treasurer of the State to pay certain jury
and witness charges paid by the counties, and to pay certain
other costs and charges for which the State is liable.
By Mr. Gass:
A bill to be entitled an act in relation to cities, towns and vil-
lages in the State of Florida.
By Mr. Rhodes:
A bill to be entitled an act regulating the fees allowed Tax
Assessors and Collectors for assessing and collecting the State
.and County Tax levied for common school purposes.
The Chief Clerk made the following announcement:
The Speaker and Clerk of the Assembly have signed, the fol-
lowing bill, viz :
Senate bill No. 1, An act entitled an act to repeal section 7 of
an act entitled on .act .relating to stevedores, approved Febru-
ary 7, 1870.
10

74

The following committee reports were received:
ASSEMBLY HALL, January 17, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly :
Your Committee to whom were referred Senate bill No. 6,
entitled an act to incorporate the Pensacola Insurance Com-
pany;
Senate bill No. 3, entitled an act to incorporate the Hope
Hook and Ladder Company No. 1, of the city of Pensacola,
Florida ;
Senate bill No. 4, an act entitled an act to repeal section 6 of
an act entitled an act to incorporate the Jacksonville Hotel Com-
pany;
Beg leave to report that they have carefully examined the same
and recommend their passage.
WM. H. DANIELS, Ch'n.
J. D. CHALKER,
J. C. McLEAN,
HARRY. CRUSE.
Which was read and the accompanying bills placed among the
orders of the day.
Mr. Alexander from a special committee made the following
report:
The special committee to whom was referred a bill to be enti-
tled an act concerning Marks and Brands of Beef Cattle offer the
following bill in lieu of the original and recommend that it do
pass.
A. H. ALEXANDER, Ch'n.
C. F. HIERS,
W. M. HENDRY,
JAMES PAINE, Sn.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Stearns of Escambia, from the Committee on Public In-
stitutions, made the following report :
ASSEMBLY COMIrTTEE RooMS, Jan. 16, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly :
Your committee to whom was referred the bill entitled an act
to change the name of the State Penitentiary, respectfully report
that they have had the same under consideration and recommend
that it do pass. R. A. STEARNS, Ch'n.
W. D. SEARS,
W. M. C. NEEL,
T. C. GASS.

75 *

Which was read and the accompanying bill placed among the
orders of the day.
ORDERS OF THE DAY.

Assembly bill to be entitled an act requiring the Comptroller
to audit and allow, and the Treasurer of the State to pay certain
jury and witness charges paid by the counties, and to pay certain
other costs and charges for which the State is liable,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill to be entitled an act in relation to cities, towns
and villages in the State of Florida,
Was read the first time and referred to the Committee on
City and County Organizations.
Assembly bill to be entitled an act regulating the fees allowed
Tax Assessors and Collectors for assessing and collecting the
State and County Tax levied for Common School purposes,
Was read the first time and referred to the Committee on
Finance and Taxation,
Assembly bill to be entitled an act to change the name of the-
State Penitentiary,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
Assembly bill No. 20, to be entitled an act concerning marks
and brands of Beef and stock cattle,
Was read the second time.
The substitute offered by a special committee was read and
adopted in lieu of the original bill, and ordered to be engrossed
for a third reading on to-morrow.
Assembly bill 4o. 3, to be entitled an act concerning limita-
tions of actions,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
Senate concurrent resolution No. 2. relating to the State Treas-
nrer,
Was read, and on motion of Mr. Johnson, laid on the table.
Senate concurrent resolution No. 1, relative to adjournment,
Was read.
Mr. Butler moved to lay the resolution upon the table;
Which was not agreed tb.
Mr. Scott moved to make the resolution the special order for
next Monday ;
Upon which the yeas and nays being called, the vote was:
Yeas-Messrs. Butler, Boyd, Cessna, Cruse, Coleman, Daniels,
Elijah, Gass, Graham of Leon, Johnson, Jasper, Livingston, Lo-
"gan, McInnes, Osgood, Sears, Scott, Thompson, Wyatt, Wells
and Wallace-21.

i

76

Nays-Messrs. Allen, Alexander, Brown, Chalker, Crane,
Campbell, Duke, Flowers, Frink, Gleason, Green, Gillis, Hull,
Hiers, Hendry of Polk, McLean, Mills, McRae, Neal, Orman,
Oliveros, Paine, Rhodes, Stearns, Worthington and Yearty-26-
So the motion was lost.
Mr. Cessna moved to amend by striking out 25th," and in-
serting 22d inst."
Mr. McLean moved to lay the amendment upon the table;
Which was agreed to and the Speaker ruled that it carried
with it the resolution.
Mr. Gleason presented the following:

1869. STATE OF FLORIDA.
To Estate of Geo. T. Ward, DR.
Dec. To 391 Cords of Wood for the use of the Capitol,
at $6 00 per cord, $237 01
Correct-S. B. CONOVER, State Treasurer.
Which was read and referred to the Committee on Claims.
Under a suspension of the rule, Mr. Butler introduced the fol-
lowing hill :
A bill to be entitled an act to authorize Charles L. LeBaron to
build a wharf in tihe city of Pensacola;
Which was placed among the orders of the day.
Senate bill No. 4, an act entitled an act to repeal section six
(6) of an act entitled an act to incorporate the Jacksonville Hotel
Company,
Was read the second time, rule unanimously waived, read the
third time and put upon its passage.
The vote was :
Yeas-Messrs. Allen, Alexander, Butler, Brown, Bo'rd, Chalk-
er, Cruse, Crane, Coleman, Campbell, I)uke, Daniels, Elijah,
Flowers, Frink, Gass, Gleason, Graham of Leon, Green, Gillis,
Hull, Hiers, Hendry of Polk, Jo1nson, Jasper, Livingston,
McInnes, Mills, Neal, Osgood, Oliveros, Paine, Senrs, Scott,
Stearns of'Esc:nbin, Thompson, Wyatt, Wells, Wallace, Worth-
ington and Yearty-41.
Nays-None.
So l he hill ptssed-title as stated.
Ordered that the same be certified to the Senate.
Senate bill No. 3, an act entitled an act to incorporate the
Hope Hook and Ladder Company No 1, of the city of Pensacola,
Florida,
Was read the second time, and ordered for a third reading
on to-morrow.
Senate.bill No. 6, an act entitled an act to incorporate the
Pensacola Instrance Company,

77

Was read the second time, rule waived, read the third time
and put upon its passage.
The vote was :
Yeas-Messrs. Allen, Alexander, Butler, Brown, Boyd, Cruse,
Crane, Coleman, Campbell, Duke, Daniels, Elijah, Flowers, Gass,
Gleason, Graham of Leon, Green, Gillis, Hull, Hiers, Hendry of
Polk, Johnson, Jasper, Livingston, McInnes, McLean, Mills,
Neal, Orman, Osgood, Paine, Rhodes, Sears, Scott, Stearns of
Escambia, Thompson, Wyatt, Wells, Wallace, Worthington and
Yearty-41.
Nays-Mr. Cessna-1.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Assembly bill to be entitled an act to authorize Charles L. Le-
Baron to build a Wharf in the city of Pensacola,
Was read the first time and' referred to the Judiciary Com-
mittee.
The Governor's vetoes transmitted to theAssembly on the 1lth
inst. by the Secretary of State were taken up:
EXECUTIVE OFFICE,
TALLAHASSEE, Fla., June 10, 1870.
Hon. J. C. GIBBS, Secretary of State:
SIn : The bill entitled "An act relating to the finances of the
State," received after the adjournment of the late session of the
Legislature, is herewith returned without my approval, for you
to lay before the next session.
This is a bill of most extraordinary character, and such as it
seems to me could not, under existing circumstances, have pass-
ed an intelligent deliberative body, with an understanding of its
provisions and a full appreciation ofits effects.
For two years the State government has been endeavoring to
redeem the State from the condition of bankruptcy and practical
repudiation in which it was found when the-ew constitution was
inaugurated. This constitution required a uniform assessment
of all the taxable property of the State, and taxation sufficient to
defray current expenses and the interest upon the public debt.
To meet existing obligations incurred by the old government,
including unpaid interest upon the public debt, which had been
suffered to accumulate for many years, the first Legislature au-
thorized the issue of bonds bearing six per cent. interest, paya-
ble in New York, to the amount of $300,000.
The Legislature failed to provide the revenue system contem-
plated by the*Constitution, and no sufficient basis was laid to
command a proper market for these bonds. At a subsequent
session, $200, 0Q more bonds were authorized, and an advance
tep was taken toward a sound constitutional revenue system ;
ut this was allowed to take effect only the present year.

78

/ \Thus 500,000 in bonds were issued, only $74,000 of which
haveThen sold at an average to the treasury of near 90 cents.
The remainder were hypothecated, and about $100,000 realized
to the treasury. The Legislature was subsequently notified that
under existing laws the money could not be raised to redeenm
these bonds, and the specific acts necessary to render the bonds
marketable suggested but refused. The time for the redemption
of these bonds was extended, and the L.:_i-itre ..:..r\,: ... l.t
"\take ori-h s tion is hId looking to thertedemption of these bonds, the time
for which expires on the 30th August, the present bill is passed,
authorizing over a million more of bonds, not for sale but to be
exchanged at par for existing obligations. At the' same time
San existing law is to be carried into effect authorizing $250,00 0
,Jn Comptroller's warrants for circulation among the people.
Sections 1, 4, 5, and 6 of the act before me merely direct the
mode and manner of stating the State debt, keeping the accounts
of the various departments, etc., and have no special bearing
upon the main object of the bill.
Sections 2 and 3 authorize the issue of bonds equal to the en-
tire amount of the State debt of all sorts, in sums of $1000, $500,
$200, and $100, payable in thirty years, bearing six per cent. in-
terest, payable at the State Treasury, in gold.
Section 6 reads thus: "It shall be the duty of the Governor,
as sodn as said bonds are ready to be paid by the Treasurer, to
issue his proclamation," &c. These bonds are to be paid at
the Treasury in thirty years. Literally construed, this would
render nugatory the whole bill. It was undoubtedly intended
to read as soon as the bonds are ready to be issued," &c. It
is not necessary, however, to urge technical objections. The
principle of the bill is obviously at war with the purposes and in-
tentions of the Legislature in providing for funding the public
debt and reaching a cash basis.
Section 8 exempts the bonds from taxation.
Section 9 orders a special tax for the payment of interest, to
be collected in currency.
These bonds are not authorized to be sold, but exchanged at
par for any class of the existing State debt. Now what class of
State obligations can :be liquidated by those bonds ? Obiviously
only those which are of less immediate market value. The $220,-
000 seven per cent. bonds of 1856 would exchange for 6 per
cent. gold bearing bonds if payable in New York, but not oth-
erwise; so of the 6 per cent. bonds now hypothecated in New
York. These, with interest assured in New York, from the
"general revenue, would command capital from abroad sooner
than a gold bearing bond payable in Tallahassee. The $30,000
convention bonds past due, bearing 8 per cent. might possibly
be funded after long neglect to pay the interest, also all that

79

-portion of the floating debt not wanted among the people in
payment of taxes, purchasing lands, &c.
The poorer class of citizens could not afford to fund their war-
rants, because they would not then be available for taxes or
public dues. The capitalist and speculator would only fund as
he could purchase scrip at greater discount than the bonds
would be subjected to in New York. A gold bearing bond
payable in New York, with a proper showing of State revenue
and prompt payment of interest, would bring 75 cents, and un-
der proper legislation, might be appreciated to 95 cents. A
gold bearing special tax bond, (and special tax bonds have been
rendered odious by the action in North Carolina,) payable in
Tallahassee, would nc.t in:.. l-,7i i.- iirNeuwYork at over 75
cents, under even more favorable circumstances than now attend
us.
Now while parties can purchase scrip at 65 cents or less
capitalists to a limited extent may be found ini-'juT i':.- who
would invest in these bonds. But probably not over $50,000
would be absorbed in this way. While brokers can loan money
readily, as now, on convertible securities at from two to five
per cent. per month, and compound, few will put their money in
bonds bearing 6 per cent. per annum, payable in 30 years. Clear-
ly, for investment in bonds capital must come from abroad; the
limited amount here can be more profitably employed. N
But our necessities are immediate. We are required within\
less than 90 days to realize $120,000 in cash or forfeit $409,000/
in bonds now under hypothecation. Where is this money to
come from? These new bonds cannot be sold to raise it, be-
cause the law forbids it, and their issue cannot but depress the
price of the bonds under hypothecation, so that it would be im-
possible to realize the 75 per cent. required by law. They would
necessarily be forfeited and sold without redress.
The only object in issuing bonds to fund the State debt is to
stop the issue of treasury certificates and commence a system of
cash payments. The State is now paying on all save the sala-
ries fixed by law, at least 25 per cent. more than would be re-
quired if money were realized and the Treasury replenished. The
bonds authorized by this act, instead of tending toward this re-
sult, would inevitably retard the consummation and protract the
ruinous system now pursued.
Again, this bill would add to the interest bearing debt of the
State, and thus increase the burden of the people, while it would l
afford no relief to the treasury. It would only yield temporary
and limited advantage to the speculator at the expense of the
tax-payer and the humbler citizen. Under it the volume of treas-
ury certificates must continue, and only be absorbed in bonds as
it continues to be sold at a ruinous discount.
The act of the last session, which contemplated an issue of

80

$250,000 in treasury certificates for circulation, receivable for all
/State dues, and which it is contemplated putting in immediate
Execution, is a far better alternative, and is all-sufficient, with
"the bonds already issued, to carry the State to the next session
of the Legislature without additional interest bearing paper.
My views, as expressed in my message convening the present
session, I still adhere to as justified by observation and experi-
ence, and sustained by a full appreciation of my official respon-
sibilities. I cannot consent to an increase of the interest bear-
ing debt of the State, unless it shall contribute to the relief of
the citizens and tax payers by bringing the State to a cash sys-
tem in the conduct of its business. I must, therefore, withhold
my approval of the bill.
Very respectfully, &c.,
HARRISON REED, Governor.
Upon the question shall the bill pass the Governor's objec-
tions to the contrary notwithstanding ?
The vote was:
Yeas-Messrs. Allen, Brown, Campbell, Duke, Flowers, Frink,
Hiers and Hendry of Polk-8.
Nays-Messrs. Boyd, Cessna, Cruse, Crane, Coleman, Daniels,
Elijah, Gass, Gleason, Graham of Leon, Green, Gillis, Hull,
Johnson, Jasper, Livingston, McInnes, McLean, Mills, Neal, Or-
man, Osgood, Oliveros, Paine, Sears, Scott, Stearns of Escambia,
Thbmpson, Wyatt, Wells, Wallace, Worthington and Yearty
-34.
So the bill was lost, the Assembly having sustained the veto
of his Excellency the Governor.
The following message was read:
EXECUTIVE OFFICE, 1
Tallahassee, Fla., Feb. 21, 1870.
HoN. SPEAKER OF ASSEMBLY :
Sin-The bill for the relief of Nathaniel A. Jamieson, late
Sheriff of Columbia county, is herewith returned without my ap-
proval. In my judgment it conflicts with the State Constitu-
tion which forbids the payment of any liability contracted by
the State or any county thereof between the 10th day of Janu-
ary, 1861, and the 25th of October, 1865, and therefore cannot
be allowed. Respectfully, &c.,
HARRISON REED, Governor.
Upon the passage of the bill the Governor's veto to the con-
trary notwithstanding, the vote was:
Yeas-Messrs. Allen, Alexander, Brown, Duke, Flowers,
Frink, McLean, Mills, Oliveros and Worthington-10.
Nays-Messrs. Boyd, Cessna, Cruse, Crane, Coleman, Camp-
bell, Daniels, Elijah, Gass, Gleason, Graham of Leon, Green,

Gillis, Hull, Hiers, Hendry of Polk, Johnson, Jasper, Living-
ston, McInnes, Neal, Orman, Osgood, Rhodes, Sears, Scott,
Stearns of Escambia, Wyatt, Wells, Wallace and Yearty-31.
So the bill was lost, the Assembly having sustained the Gov-
ernor's veto.
The following was also read:
EXECUTIVE OFFICE,
Tallahassee, Fla., June 10, 1870.
Hon. J. C. GInns, Secretary of State:
SIn-The "act to make an appropriation for printing, litho-
graphing or engraving the coupon bonds authorized in act passed
at the present session entitled an act relating to the finances of
this State," having been rendered unnecessary by my non-ap-
proval of the act to which it refers, is herewith transmitted with-
out my signature to be deposited in your office and by you laid
before the next session of the Legislature as the Constitution re-
quires. Very respectfully, &c.,
HARRISON REED, Governor.
Upon the passage of the bill the Governor's veto to the con-
trary notwithstanding, the vote was:
Yeas-None.
Nays-Messrs. Allen, Alexander, Brown, Boyd, Cessna, Chal-
ker, Cruse, Coleman, Campbell, Duke, Daniels, Elijah, Flowers,
Gass, Gleason, Graham of Leon, Green, Gillis, Hiers, Hendry
of Polk, Jasper, Livingston, McInnes, McLean, Mills, Neal,
Orman, Oliveros, Paine, Rhodes, Sears, Scott, Stearns of Es-
cambia, Wyatt, Wells, Wallace, Worthington and Yearty-38.
So the bill was lost, the Assembly having sustained the Gov-
ernor's veto.
The following message was received from the Senate:
SENATE CHAMBER,
Tallahassee, Fla., Jan. 17, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly:
SIn: I am directed by the Senate to inform your honorable
body that the Senate has this day passed-
Senate bill No. 11, an act to repeal the 15th section of chapter
4, of an act entitled an act to provide for the punishment of crime
and proceedings in criminal cases, approved August 6, 1868.
I have the honor to be,
Very respectfully,
"JOSEPH BOWES,
Secretary of the Senate.
Which was read and the bill placed among the orders of the
day.
11

82

Under a suspension of the rule, Mr. Johnson offered the fol-
lowing :
Resolved, That parties having claims against the State may
present them to the Committee on Claims and the committee
required to report thereon;
Which was read and adopted.
On motion of Mr. Scott, the Assemblyi adjourned until to-mor-
row morning ten o'clock.

---0-

WEDNESDAY; January 18, 1871.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Messrs. Alexander, Butler, Brown, Cessna, Crane, Coleman,
Campbell, Duke, Daniels, Elijah, Flowers, Frink, Gass, Gleason,
Graham of Leon, Green, Gillis, Hull, Hiers, Hendry of Polk,
Jasper, Livingston, Logan, McInnes, McLean, Mills, McRae,
Neal, Orman, Osgood, Oliveros, Paine, Rhodes, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace and
Yearty-41.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Gass, the reading of yesterday's journal
was dispensed with and the journal corrected and approved.
Mr. McLean moved that Senate resolution relative to adjourn-
ment tabled yesterday, be taken up and placed first among the
orders of the day;
Which was agreed to.
Mr. Gillis presented a memorial from the Hon. Frank Smith
of Brevard county;
Which was on motion referred to the Committee on Priv-
ileges and Elections.
Mr. Daniels presented a petition from John P. Mahony, con-
testing the seat of the Hon. Wm. M. Duke, member elect from
Columbia county;
Which was read and on motion referred to the Committee on
Privileges and Elections.
Mr. Wallace moved a call of the House;
Which was agreed to and the Sergeant-at-arms dispatched for
absentees.

83

Mr. Osgood moved that a further call of the House be dis-
pensed with;
Which was agreed to.
The following message was received from the Senate:
SENATE CHAMBER,
Tallahassee, Fla., Jan. 17, 1871.
Hon'. M. L. STEARNS,
Speaker of the Assembly:
Sm--I am directed by the Senate to inform your honorable
body that the Senate has this day refused to concur in-
Assembly concurrent resolution relative to examining into and
cancelling certain Scrip in the Treasurer's office.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of the Senate.
Which'was read.
Also the following:
SENATE CHAMBER,
Tallahassee, Florida, Jan. 17, 1871. f
Hon. M. L. STEARNS,
Speaker of the Assembly:
SIR-I am directed by the Senate to inform your honorable
body that the Senate has this day adopted--
Senate concurrent resolution No. 3, relative to adjournment.
Also Senate concurrent resolution No. 4, relative to the ap-
pointment of a joint committee for the examination of the ae-
counts, &c., in the office of the Treasurer of the State.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of Senate.
Which was read and the accompanying resolutions placed
among the orders of the day.
Mr. McInnes moved to take a recess until three o'clock this
afternoon;
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Butler, Cruse, Crane, Coleman, Daniels, Elijah,
Gass, Graham of Leon, Jasper, Livingston, Logan, McInnes,
Paine, Sears, Scott, Stearns of Escambia, Wyatt, Wells and
Wallace-19.
Nays-Messrs. Alexander, Brown, Chalker, Campbell, Duke,
Flowers, Frink, Gleason, Green, Gillis, Hull, Hiers, Hendry of
Polk, McLean, Mills, McRae, Neal, Orman, Osgood, Oliveros,
Rhodes, Thompson and Yearty-23.
The motion was lost.

84

The following bills were introduced:
By Mr. Jasper:
A bill to be entitled an act to incorporate the Ocala Mercan-
tile Company.
By Mr. Alexander:
A bill to be entitled an act to form and constitute the count)
of Oceola of and from the counties of Brevard and Volusia.
By Mr. Mills:
A bill to be entitled an act for the redemption of Real Estate
sold by virtue of execution or decree of court;
Which were received and placed among the orders of the day.
The following committee reports were received:
Mr. Gillis, from the Committee on Engrossed Bills, made the
following report:
The Committee on Engrossed Bills report as correctly en-
grossed the following bills:
A bill to be entitled an act to change the name of the State
Penitentiary;
A bill to be entitled an act in relation to the inspection and
recording marks and brands of cattle; and,
A bill to be entitled an act concerning limitations of actions.
CALVIN GILLIS, Chairman.
Which was read and the bills placed among the orders of the
day.
Mr. Gleason, from the Committee on Finance, made the fol-
lowing report :
To HoN. M. L. STEARNS,
Speaker of the Assembly:
The Finance Committee, to whom was referred so much of the
Governor's message as relates to a State Board of Equalization
and the Finances of the State, report the following.bill:
A bill to be entitled an act to increase the revenue of the State,
and recommend that the same be read the first time by its title
and printed. W. II. GLEASON, Chairman.
J. W. JOHNSON,
TV. K. CESSNA,
DANIEL McINESS,
CHARLES F. HIERS.
Which was read and the bill placed among the orders of the
day.
Mr. Gleason, from the Judiciary Committee, made the follow-
ing report :
To the Hon. M. L. STEARNS,
Speaker of the Assembly:
The Judiciary Committee, to whom was referred certain bills,

85

would report that they have examined bill No. 5 and report the
same back with substitute and recommend its passage; also,
A bill No. 22, with an amendment inserting the woid per-
sonal" before the word "estate;" also,
A bill unnumberedd,) being a bill to authorize Chas. Le Baron
to build a wharf in the city of Pensacola, without any amend-
ments, and recommend its passage; also,
A bill unnumberedd) being a bill to be entitled an act requiring
the Comptroller to audit and allow, and the Treasurer of the
State to pay certain jury and witness charges paid by the coun-
ties, and to pay certain other charges for which the State is
liable.
All of which is respectfully submitted.
W. H. GLEASON, Chairman.
W. K. CESSNA,
"JAMES C. McLEAN.
Which was read and the bills and substitute placed among the
orders of the day.
Mr. Mills, from the Committee on Agriculture, made the fol-
lowing report:
To the Honorable M. L. STEARNS,
Speaker of the Assembly:
SmI: We, your committee, to whom was referred a bill to be
entitled an act for the protection of stock running at large, beg
leave to report that we have carefully examined the same and
recommend that it do pass. W. MILLS, Chairman.
R. H. WELLS,
W. THOMPSON,
WM. M. C. NEAL.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Sears, from the Committee on Claims, made the following
report:
Hon. M. L. STEARNS,
Speaker of the Assembly:
The Committee on Claims, to whom was referred the claim of
Ben. Saxon, as guard of George Wiley, Harry Jones and Josiah
Byrd, respectfully report that the committee have had the claim
under examination and for the want of full and sufficient evi-
dence and information in the premises, refer the claim back for
the consideration of the House.
WM. D. SEARS, Chairman.
WM. M. DUKE,
0. J. COLEMAN,
W. F. GREEN,
C. GILLIS.

86

"Which was read and the accompanying bill placed among the
orders of the day.
The following message was received from the Senate :.
SENATE CHAMBER,
Tallahassee, Fla., Jan. 18th, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly:
Sm--I am directed by the Senate to inform your honorable
body that the Senate has this day passed
Senate bill No. 24, a bill to be entitled an act for the payment
of certain expenses incurred in the impeachment of James T.
Magbee, Judge of the Sixth Judicial Circuit.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of Senate.
Which was read and the bill placed among the orders of the
day.
The following communication was received from the State
Treasurer:
TREASURER's OFFICE, *
Tallahassee, Fla., Jan. 17, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly :
SIR-In obedience to a resolution adopted by the Assembly
on yesterday, which reads as follows:
Resolved, That the Treasurer is requested to inform the
Assembly at the earliest moment practicable as to the amount
ot warrants now in his office, stating the amount of warrants em-
braced in the class receivable for taxes, and the amount of war-
rants not receivable for taxes."
I have the honor respectfully to state that I have in my office
of cancelled Comptroller's warrants receivable for taxes," Five
Hundred and Forty Thousand, Three Hundred and Forty Dol-
lars and Forty-Eight Cents, and of warrants not receivable for
taxes," Thirty-Five Thousand One Hundred and Forty-Seven
Dollars and Twenty-Four. Cents. By reference to the annual
report.of the Treasurer, it will be seen that this information is
furnished each year and that the amount of warrants under each
head of expenditure is explicitly set forth.
By a further resolution of the Assembly in reference to "ex-
amining and cancelling certain scrip in the Treasurer's office,"
I infer that the impression prevails that there is a large amount
of scrip in my office uncancelled. This is a mistaken idea.-
Every dollar of scrip that'is'paid into the Treasury on any ac-
count (except amounts issued under the act approved February

87

18th, 1870,) is recorded and canceled. All the non-tax paying
scrip was received for the new currency, as it is commonly called,
and has been recorded and canceled.
I respectfully ask the appointment of a competent committee
to examine and compare my accounts and vouchers and to de-
stroy the canceled scrip.
Respectfully submitted,
S. B. CONOVER,
State Treasurer.
Which was read.
ORDERS OF THE DAY.
Assembly bill to be entitled an act for the redemption of real
estate sold by virtue.of execution or decree of Court.
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill to be entitled an act to increase the revenue of
the State,
Was read the first time and, on motion of Mr. Yearty, ordered
to be printed.
Assembly bill to be entitled an act to incorporate the Ocala
Mercantile Company,
Was read the first time and referred to the Committee on
Corporations.
Assembly bill to be entitled an act to form and constitute the
county of Oceola of and from the counties of Brevard and
Volusia,
Was read the first time and referred to committee on City
and County Organizations.
On motion of Mr. Daniels, the Assembly adjourned until to-
morrow morning, ten o'clock.

"o

THURSDAY, January 19, 1871.

The Assembly met pursuant to adjournment.
The following members were present:
Messrs. Allen, Alexander, Brown, Boyd, Cessna, Chalker,
Crane, Coleman, Campbell, Duke, Daniels, Elijah, Flowers,
Frink, Gass, Gleason, Graham of Leon, Green, Gillis, Hull,
Hiers, Hendry of Polk, Johnson, Jasper, Livingston, Logan,
McInnes, Mills, McRae, Neal, Orman, Osg6od, Oliveros, Paine,

-IN

88

Rhodes, Sears, Scott, Stearns of Escambia, Thompson, Wyatt,
Wells, Wallace, Worthington and Yearty-44.
A quorum present.
Prayer by the chaplain.
On motion of Mr. Elijah, the reading of yesterday's journal
was dispensed with and the journal approved.
Mr. Hiers presented a petition from numerous citizens of
Alachua county asking to be annexed to Levy county.
Which was read and, on motion, referred to the Committee on
City and County Organizations.
Mr. Daniels offered the following resolution:
Whereas, It is alleged that Wm. M. Duke, E. M. Graham,
W. T. Orman and B. F. Oliveros are ineligible to hold seats in
this Assembly, under the 14th amendment to the Constitution
of the United States, by reason of their holding office before the
war and taking the oath to support the Constitution of the Uni-
ted States and afterwards engaging in the rebellion or giving aid
and comfort thereto; and whereas, it is essential to the dignity
of this body that said charges should be investigated; therefore,
Be it resolved, That the Committee on Privileges and Elec-
tions be instructed to inquire into and report upon said charges,
and whether the said Wm. M. Duke, E. M. Graham,.W. T. Or-
man, and B. F. Oliveros are entitled to hold seats in this As-
sembly.
Which was read.
Upon its adoption the yeas and nays were called for.
The vote was:
Yeas-Messrs. Butler, Boyd, Cruse, Crane, Coleman, Daniels,
Elijah, Gass, Gleason, Graham of Leon, Johnson, Jasper, Liv-
ingston, Logan, Mclnnes, Sears, Scott, Stearns of Escambia,
Thompson, Wyatt, Wells, Wallace, and Yearty-23.
Nays-Messrs. Allen, Alexander, Brown, Chalker, Campbell,
Duke, Flowers, Frink, Green, Gillis, Hull, Hiers, Hendry of Polk,
McLean, Mills, McRae, Neal, Orman, Osgood, Oliveros and
Worthington-21.
So the resolution was adopted.
Mr. Crane presented the following:
To the Honorable Speaker of the Assembly :
The undersigned, witnesses in the impeachment case of the
Hon. James T. Magbee, Judge of the Sixth Judicial Circuit of
Florida, beg leave respectfully to represent to your honorable
body as follows, to-wit :
That they have come here in obedience to a 'summons issued
by the Clerk of the Supreme Court; that the case upon which
they were summoned was disposed of Wednesday, the 11th inst.,
after which they were at liberty to return to their homes, but
many of them were unable to do so without first getting their

89

*crip for attendance, in order to pay their necessary expenses
while in attendance here and back to their homes; that we learn
a bill has passed the Senate allowing us pay up to the time the
case was settled, at a per diem of four dollars. This will not pay
our expenses here, as the scrip in which we shall be paid is worth
only forty-five and fifty per cent. here. We most respectfully
ask, is it right, is it just that we should thus be detained here on
expenses, without any remuneration whatever, and without any
fault or laches on our part? We ask you, respectfully, to -take
it to yourselves individually-to your constituency-will they say
it is just? We, therefore, most respectfully and humbly ask of
your honorable body that if you cannot thus see the justice of
our case as we do, and so amend the Senate bill as to pay us per
diem for all the time we are detained here, to take it up and at
once pass it, so that we may leave for our respective homes.
And your petitioners will ever plray, &c.
WM. H. SMITH,
Hernando county.
ARTHUR ST. CLAIR,
Hernando county.
HENRY HARPER,
Hernando county.
ANDREW W. GARNER,
Sheriff and Assessor of Manatee county.
F. E. SAXON,
IIernando county.
WILLIAM M. LANG,
Brooksville, Fla.
JOHN DAVIDSON,
County of Polk.
SAM. C. CRAFT,
Monroe county, Key West.
JOHN THOMAS.
"Which was read.
The following bills were introduced :
By Mr. Scott:
A bill to be entitled an act to incorporate the Jacksonville
Steam Fire Engine Company No. 1, and for other purposes.
By Mr. Buter:
A bill to be entitled an act to incorporate Milton and Santa
Rosa Telegraph Company; also,
A bill to be entitled an act fbr the relief of Wm. F. Robert-
son, Lieutenant and Quartermaster of the State Penitentiary.
By Mr. McLean: .
A bill to be entitled ah act for the relief of certain occupants
of Lands.
By Mr. Cessna .
12

90

A bill to be entitled an act to provide for the economical and
speedy administration of Estates of Decedents.
By Mr. Hiers:
A bill to be entitled an act to amend an act requiring County
Commissioners to value all stock killed upon Railroads: also,
A bill to be entitled an act making it a crime to purchase any-
thing under false pretenses; also,
A bill to be entitled an act to change the county lines between
the counties of Levy and Alachua.
By Mr. Wallace:
A bill to be entitled an act relating to civil distinction on ac-
count of race, color or previous condition of servitude.
By Mr. Boyd:
A bill to be entitled an act to compel the cabinet of adminis-
trative officers to reside at the capital of the State, and vacation
,of office in certain cases ; also,
A bill to be entitled an act in relation to the bonds of officers,
and the duties of officers in relation thereto.
The following message was received from the Senate :
SENATE CHAMBER,
Tallahassee, Fla., Jan. 18th, 1871.
"-Hon. M. L. STEARNS,
Speaker of the Assembly :
SIR: I am directed by the Senate to inform your honorable
"body that the Senate has this day passed-
Senate bill No. 18, an act to provide for the publication of
official and legal advertisements in the several Judicial Circuits
*of this State; also,
Senate bill No. 21, an act entitled an act for the relief of Geo.
P. Raney; also,
Senate bill No. 20, an act to provide a revenue for the support
of common schools; also,
Senate bill No. 31, an act entitled an act to amend section six-
ty-two of an act entitled an act for the assessment and collection
of Revenue, approved June 24, 1869.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of Senate.
Which was read and the accompanying bills placed among the
orders of the day.
Also the following:
SENATE CIIHAMBER,
Tallahassee, Fla., Jan. 19, 1871.
Hon. M. L. STEARNS, Speaker of the Assembly:
SIR: I am directed by the Senate to inform your honorable
bod that the Senate has this day adopted-

91

Senate Joint Resolution No. 2, relative to the educational in-
terest of the State.
I have the honor to be.
Very respectfully,
JOSEPH BOWES,
Secretary of the Senate.
Which was read and the accompanying resolution placed
among the orders of the day.
The following committee reports were received:
Mr. Sears, from the Committee on Claims, made the following
report:
The Committee on Claims, to whom was referred the claim of
George W. Sayers, County Judge of Holmes County, for relief,
report that they have examined the same with care and attention,
and recommend that the said claim for the sum of $420, be paid,
being for servicespperformed as such County Judge prior to 31st
Dec., 1869. WM. D. SEARS, Ch'n.
C. GILLIS,
W. F. GREEN,
WM. M. DUKE,
O. J. COLEMAN.
Which was read.
Mr. Cessna, from the Committee on Privileges and Elections,
made the following report:
COMMITTEE ROOM, January 16, 1871.
Ilon. M. L. STEARNS,
Speaker of the Assembly:
Your Committee on Privileges and Elections, to whom was
referred a bill to be entitled an act to better regulate the con-
ducting of elections, would respectfully report that they have
had the same under consideration and would recommend that
the consideration of said bill be indefinitely postponed.
W. K. CESSNA, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Gleason, from the Committee on the Judiciary, made the
following report:
The Judiciary Committee to whom was referred Assembly
bill No. 7, being a bill entitled an act to provide for the protec-
tion of the citizens of this State against foreign corporations, re-
port the same back without amendment and recommend its
passage. W. H. GLEASON, Ch'n.
J. C. McLEAN,
J. WALLACE,
W. K. CESSNA.

92

SWhich was read and the accompanying bill placed among
the orders of the day.
Mr. Cessna from the Committee on Privileges and Elections,
made the following report:
HIon. M. L. STEARNS,
Speaker of the Assembly :
We, the undersigned, Committee on Privileges and Elections,
to whom was referred the case of H-. H. Hoeg and John R. Scott,
contested election from the county of Duval, beg leave to
REPORT:
That they have had before them a large amount of documentary
evidence, all of which they have carefully examined, and some of
the best and most able citizens of the county which is contested,
and from the evidence elici' ed we are unanimously of the opinion
that John R. Scott was duly elected to the Assembly from Du-
val county, and that he is entitled to his seat as member from
that county.
W. K. CESSNA, Ch'n.
SAM'L BOYD,
J. W. JOHNSON,
E. A. ALLEN.
Which was read.
On its adoption the yeas and nays were called fbr and were :
Yeas-Messrs. Allen, Boyd, Cessna, Cruse, Crane, Coleman,
Campbell, Daniels, Elijah, Flowers, Gass, Gleason, Graham of
Leon, Johnson, Jasper, Logan, Mclnnes, Osgood, Paine, Sears,
Thompson, Wyatt, Wells, Wallace and Yearty-25.
Nays-Messrs. Butler, Frink, Gireen and Oliveros-4.
So the report was adopted.
Mr. Gleason, from the Judiciary Committee, made the following
report:
Hon. M. L. STEARNS,
Speaker of the Assembly :
The Judiciary Committee to whom was referred joint resolu-
tion No. 2, being a joint resolution agreeing to, ratifying and
confirming amendments of the State Constitution, report the
same back with the following recommendation, to-wit:
Strike out the last clause of said resolution and insert in lien
thereof, the following : that articles 1, 5, 7, and 8be adop-
ted, that articles 3, 6 and 9 be rejected."
W. H. GLEASON, Ch'n.
Which was read.
Mr. McLean moved to lay the report upon the table.
Upon which the yeas and nays being called, the vote was:
Yeas-Messrs. Allen, Alexander, Brown, Chalker, Campbell,

93

Duke, Flowers, Frink, Green, Hull, Hiers, Hendry of Polk, Mc-
Lean, Mills, McRae, Neal, Orman, Oliveros, Rhodes and Worth-
ington-20.
Nays-Messrs. Butler, Boyd, Cessna, Cruse, Crane, Coleman,
Daniels, Elijah, Gass, Gleason, Graham of Leon, Gillis, Johnson,
Jasper, Livingston, Logan, McInnes, Osgood, Paine, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace and
Yearty-27.
So the motion was lost.
Mr. Daniels moved that the report be adopted;
Which was agreed to.
ORDERS OF THE DAY.
Assembly bills on first reading.
A bill to be entitled an act in relation to the bonds of officers
and the duties of officers in relation thereto,
Was read the first time and referred to the Judiciary Com-
mittee.
A bill to be entitled an act to compel the Cabinet of Adminis-
tration Officers to reside at the capital of the State, and vacation
of offices in certain cases,
Was read the first time and referred to the Judiciary Com-
mittee.
A bill to be entitled an act for the relief of certain occupants
of lands,
Was read the first time and referred to the Committee on
Public Lands.
A bill to be entitled an act for the relief of Wm. F. Robertson,
Lieutenant and Quartermaster of the State Penitentiary,
Was read the first time and referred to the Committee on
Claims.
A bill to be entitled an act to change the county line between
the counties of Levy and Alachua,
Was read the first time and referred to the Committee on
on County Organizations.
A bill to be entitled an act to provide for the economical and
speedy administration of estates of decedents,
Was read the first time and referred to the Judiciary Com-
mittee.
A bill to be entitled an act to amend an act requiring county
commissioners to value all stock killed upon Railroads,
Was read the first time and referred to the Judiciary Com-
mittee.
A bill to be entitled an act to incorporate the Jacksonville
steam fire engine company, No. 1, and for other purposes,
Was read first time and referred to the Committee on Incor-
porations.

94

A bill to be entitled an act to incorporate the Milton and Santa
Rosa Telegraph Company,
"Was read the first time and referred to the Committee on
Incorporations.
A bill to be entitled an act making it a crime to purchase any
thing under false pretences,
"Was read tne first time and referred to the Committee on the
Judiciary.
A bill to be entitled an act relating to civil distinction on ac-
count of race, color, or previous condition of servitude,
W$s read first time and on motion referred to a select com-
mittee consisting of Messrs. Wallace, Thompson and Hiers.
Bills and resolutions on their second reading:
A bill to be entitled an act to regulate the conducting of elec-
tions,
Was read the second time and on motion of Mr. Cessna indefi-
nitely postponed.
The following message was received from the Senate:
SENATE CHAMBER.
Tallahassee, Florida, Jan. 19, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly:
SIn-I am directed by the Senate to inform your honorable
body that the Senate has this day passed-
Senate bill No. 34, entitled an act for the relief of George W-
Driggs;
Also Senate bill No. 12, entitled an act to legitimatize J. A.
Lafayette Register and Mrs. Ann Register, and make them heirs
at-law of Abijah Hall and his present wife;
Also Senate bill No. 15, entitled an act providing for the pas-
sing of'Alternative Sentences in certain cases;
Also Senate bill No. 19, entitled an act to provide for report-
ing licenses granted;
Also Senate bill No. 17, entitled an act to provide forgranting
licenses for less than a year.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of the Senate.
Which was read and the accompanying bills placed among the
orders of the day.
A joint resolution agreeing to, ratifying and confirming
amendments to the State Constitution,
Was read the second time.
Mr. Butler moved to take up the Constitutional Amendments
and act upon them separately;
Which was agreed to.

95

ARTICLE I.
The salary of the Governor of the State shall be three thous-
:and 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 thousanddol-
lars; that of the Lieutenant-Governor shall be five hundred dol-
lars, and he shall receive the same mileage as members 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 expenses
for each mile from their respective places of residence to the
Capital, estimated by the shortest 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;
Was taken up, read and adopted by the following vote:
Yeas-Messrs. Allen, Butler, Brown, Boyd, Cessna, Chalker,
Cruse, Crane, Coleman, Campbell, Duke, Daniels, Elijah, Flow-
-ers, Frink, Gass, Gleason, Graham of Leon, Green, Gillis, Hiers,
Hendry of Polk, Johnson, Jasper, Livingston, Logan, McInnes,
McLean, Mills, McRae, Neal, Orman, Osgood, Oliveros, Paine,
Rhodes, Sears, Scott, Stearns of Escambia, Thompson, Wyatt,
Wells, Wallace, Worthington and Yearty-45.
Nays-None.
ARTICLE II.
The several members of the Cabinet of administrative officers
shall be elected by the people;
Was taken up, read and adopted by the following vote:
Yeas-Messrs. Allen, Alexander, Butler, Brown, Boyd, Cessna,
Chalker, Cruse, Crane, Coleman, Campbell, Duke, Daniels, Elijah,
Flowers, Frink, Gass, Gleason, Graham of Leon, Green, Gillis,
Hull, Hiers, Hendry of Polk, Jasper, Livingston, Logan, McIn-
nes, McLean, Mills, McRae, Neal, Orman, Osgood, Oliveros,
Paine, Rhodes, Sears, Scott, Stearns of Escambia, Thompson,
Wyatt, Wells, Wallace, Worthington and Yearty-46.
Nay-Mr. Johnson-1.
ARTICLE III.
The Sixth and Seventh Judicial Districts are hereby abolished,
and the limits of the First, Second, Third, Fourth, and Fifth Ju-
dicial Districts shall be defined by law;
Was taken up, read, and upon its adoption the vote was:
Yeas-Mr. Speaker, Messrs. Alien, Alexander, Brown, Chalker,
,Campbell, Duke, Flowers, Frink, Green, Gillis, Hull, Hiers, Hen-

96

dry of Polk, McLean, Mills, McRae, Neal, Orman, Oliveros,
Rhodes, Stearns of Escambia and Worthington-23.
Nays-Messrs. Butler, Boyd, Cruse, Crane, Coleman, Daniels,
Elijah, Gass, Gleason, Graham of Leon, Johnson, Jasper, Liv-
ingston, Logan, McInnes, Osgood, Paine, Sears, Scott, Thomp-
son, Wyatt, Wells, Wallace and Yearty-24.
So the Assembly refused to adopt Article III.
ARTICLE IV.
The offices of Surveyor-General and Commissioner 'of Immi-
gration are hereby consolidated under the name of Commissioner
"of Lands and Immigration;
Was taken up, read and adopted by the following vote:
Yeas-Messrs. Allen, Alexander, Butler, Brown, Boyd, Cessna,
Chalker, Cruse, Coleman, Campbell, Duke, Daniels, Elijah, Flow-
ers, Gass, Gleason, Graham of Leon, Green, Gillis, Hull, Hiers,
Hendry of Polk, Johnson, Jasper, Logan, McInnes, McLean,
Mills, McRae, Neal, Orman, Osgood, Paine, Rhodes, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace, Worth-
ington and Yearty-42.
Nays-None.
ARTICLE V.
The thirteenth section of the Sixth Article of the Constitution
is hereby abrogated;
Was taken up, read and adopted by the following vote:
Yeas-Messrs. Allen, Alexander, Butler, Brown, Boyd, Cess-
na, Chalker, Cruse, Crane, Coleman, Campbell, Daniels, Elijah,
Flowers, Gleason, Graham of Leon, Green, Gillis, Hull, Hiers,
Hendry of Polk, Johnson, Jasper, Livingston, Logan, McInnes,
McLean, Mills, McRae, Neal, Orman, Osgood, Sears, Scott,
Stearns of Escambia, Wyatt, Wells, Wallace, Worthington and
Yearty-40.
Nays-None.
ARTICLE VI.

The third, fifth, and twenty-seventh sections of the Sixteenth
Article of the Constitution are hereby abrogated;
Was taken up, read, and upon its adoption the vote was:
Yeas-Messrs. Allen, Alexander, Brown, Chalker, Campbell,
Duke, Flowers, Frink, Green, Gillis, Hull, Hiers, _Hendry of
Polk, McLean, Mills, McRae, Neal, Orman, Osgood, Oiveros
and Worthington-21.
Nays-Messrs. Butler, Boyd, Cruse, Crane, Coleman, Daniels,
Elijah, Gass, Gleason, Graham of Leon, Johnson, Jasper, Liv-
ingston, Logan, McInnes, Paine, Sears, Scott, Stearns of Escam-
bia, Thompson, Wyatt, Wells, Wallace and Yearty-24.
So the Assembly refused to adopt Article VI.

97

ARTICLE VII.
The number of terms of the Supreme Court, and the time of
holding the same, shall be fixed by law;
Was taken up, read and adopted by the following vote:
Yeas-Messrrs. Allen, Alexander, Butler, Brown, Boyd, Cess-
na, Chalker, Cruse, Crane, Coleman, Campbell, Duke, Daniels,
Elijah, Flowers, Frink, Gass, Gleason, Graham of Leon, Green,
Gillis, Hull, Hiers, Hendry of Polk, Johlson, Jasper, Livingston,
Logan, Mcnnes, McLean, Mills, McRae, Neal, Orman, Osgood,
Oliveros, Paine, Rhodes, Sears, Scott, Stearns of Escambia,
Thompson, Wyatt, Wells, Wallace, Worthington and Yearty-
48.
"Nays-None.
ARTICLE VIII.
The Legislature shall have power to prescribe regulations
for calling into 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 disa-
bled in such case from interest or other cause;
Was taken up, read and adopted by the following vote:
Yeas-Messrs. Allen, Alexander, Butler, Brown, Boyd, Cess-
na, Chalker, Cruse, Crane, Coleman, Campbell, Duke, Daniels,,
Elijah, Flowers, Frink, Gass, Gleason, Graham of Leon, Green,
Gillis, Hull, Hiers, Hendry of Polk, Johnson, Jasper, Livingston,
Logan, McInnes, McLean, Mills, McRae, Neal, Orman, Osgood,
Oliveros, Paine, Rhodes, Sears, Scott, Stearns of Escambia,
Thompson, Wyatt, Wells, Wallace, Worthington and Yearty
-48.
Nays-None.
ARTICLE IX.
That the following portion of section nine, Article XIV,' of
the Constition, is hereby abrogated.:
"Any officer when impeached by the Assembly shall be deem-
ed under arrest, and shall be disqualified from performing any of
the duties of his office until acquitted by the Senate; but any
officer so impeached and in arrest may demand his trial by the
Senate within one year from the date of his impeachment;"
Was taken up, read, and upon its adoption the vote was:
Yeas-Messrs. Allen, Alexander, Brown, ChalkQr, Campbell,
Duke, Flowers, Frink, Green, Gillis, Hull, Hiers, Hendry of
Polk, Mills, McRae, Neal, Orman, Oliveros and Rhodes.-19.
Nays-Messrs. Butler, Boyd, Cessna, Cruse, Crane, Coleman,
Daniels, Elijah, Gass, Gleason, Graham of Leon, Johnson, Jas-
per, Livingston, Logan, McInnes, McLean, Osgood, Paine, Sears,
13

98

Scott, Stearns of Eseambia, Thompson, Wyatt, Wells, Wallace
and Yearty-27.
So the Assembly refused to adopt Article IX.
On motion, the amendments as offered by the committee were
adopted, and the resolution as amended ordered to be engrossed.
On motion of Mr. Hiers, the Senate Concurring Resolution
S No. 3, relative to adjournment, was taken up and read.
Mr. Cessna moved to lay the resolution upon the table.
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Boyd, Cessna, Cruse, Coleman, Gasp, Graham
of Leon, Green, Johnson, Jasper, Logan, McInnes, Osgood,
Scott, Thompson, Wyatt, Wells and NWallace-17.
Nays-Messrs. Alien, Alexander, Butler, Brown, Chalker,
Crane, Campbell, Duke, Elijah, Flowers, Frink, Gleason, Gillis,
Hull, Hiers, Heridry of Polk, Livingston, McLean, McRae, Neal,
Orman, Oliveros, Paine, Rhodes, Sears, Stearns of Escambia,
Worthington and Yearty--28.
The motion was lost.
Mr. Scott moved to amend by inserting Feb. 10th," instead
of Jan. 26th."
Mr. Cessna moved to lay the amendment upon the table;
Which was agreed to.
The Speaker ruled that laying the amendment upon the table
carried with it the resolution.
Assembly bill No. 39, to increase the Revenue of the State,
Was read the second time.
Mr. McLean moved that further action on the bill be postponed
until to-morrow nIorning l0 o'clock.
In pursuance to a resolution offered yesterday y by Mr. Cessna,
to inquire into the validity and worth of the bonds of the officers
of the financial department, the chair appointed Messrs. Cessnin,
Boyd, McLean, Gillis and Rhodes as such committee.
In pursnunce to the motion adopted this morning, to appoint
a special committee on the bill entitled nm o:t relating to civil
distinctions cn a account of race, color or previous condition of
servitude, the chair appointed Messrs. Wallace, Thompson and
Iliers as such committee.
On motion of Mr. Scott, the Assembly took a recess until this
afternoon 4 o'clock.

FOUR O'CLOCK, P. M.
The Assembly resumed its session.
A quorum present.
The orders of the day resumed.
Assembly bill No. 22, authorizing George Carroway of Cal-
houn county, a minor to take charge of and control his estate,

99

Was read the second time, the amendments offered by com-
mittee concurred in, and the bill as amended ordered to be en-
grossed.
Senate bill No. 24, to be entitled an act for the payment of
certain expenses incurred in the impeachment of James T. Mag-
bee, Judge of the Sixth Judicial Circuit,
"Was read first time.
On motion of Mr. Butler, the rules were unanimously waived,
the bill read the second and third times, and put upon its pas-
sage.
The vote was:
Yeas-Messrs. Allen, Alexander, Butler, Brown, Boyd, Cess-
na, Chalker, Cruse, Crane, Coleman, Campbell, Duke, Daniels,
Elijah, Flowers, Gass, Gleason, Graham of Leon, Green, Gillis,
Hull, Hiers, Hendry of Polk, Jasper, Livingston, Logan, Mc-
Lean, Mills, McRae, Neal, Orman, Oliveros, Paine, Rhodes,
Scott, Stearns of Escambia, Thompson, Wyatt, Wallace and
Yearty-40.
Nays-None.
So the bill passed--title as stated.
Ordered that the same be certified to the Senate.
The following message was received from the Senate:
SENATE CIAMBIER,
Tallahassee, Fla., Jan. 19, 1871.
Hon. M. L. STEARNS,
Speaker of the Assembly :
SiR: I am directed by the Senate to inform your honorable
body that the Senate has this day adopted-
Senate Concurrent Resolution No. 5, relative to printing re-
ports of Comptroller and Treasurer ; also,
Senate Concurrent Resolution No. 6, relative to certain war-
rants in the Comptroller's office.
I have the honor to be,
Very respectfully,
JOSEPH BOWES,
Secretary of the Senate.
Which was read and the resolutions placed among the orders
of the day. *
Assembly bill No. 7, to be entitled :n act to provide for the
protection of the citizens of this State against detfulting foreign
corporations,
Was read the second time.
Mr. McLean moved to amend by inserting $30,000 in U. S.
currency" where it reads "$30,000 in State bonds;"
Which was not agreed to.
Mr. Butler moved that the rule be waived and the bill be put
upon its third reading;

100

Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Butler, Boyd, Cessna, Cruse, Crane, Coleman,
Daniels, Elijah, Gleason, Graham of Leon, Gillis, Hull, Johnson,
Jasper, Livingston, Logan, McInnes, Osgood, Paine, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace and
Yearty-27.
Nays-Messrs. Allen, Brown, Campbell, Gass, Green, McLean,
Mills, McRae, Neal, Oliveros and Rhodes-11.
Two-thirds having voted in the affirmative, the rule was
waived and the bill read the third time and put upon it passage.
The vote was:
Yeas-Messrs. Butler, Boyd, Cessna, Cruse, Crane, Coleman,
Daniels, Elijah, Gass, Gleason, Graham of Leon, Gillis, Johnson,
Jasper, Livingston, Logan, McLean, Osgood, Paine, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wallace and Yearty-
26.
Nays-Messrs. Allen, Alexander, Brown, Campbell, Flowers,
,Green, Hiers, Hendry, Mills, McRae, Neal, Oliveios and Rhodes
---13.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act for the protection of animals run-
ning at large,
Was read the second time and ordered to be engrossed.
A bill to be entitled an act to authorize Charles L. LeBaron to
build a Wharf in the city of Pensacola,
Was read the second time.
On motion of Mr. Stearns of Escambia, the bill was placed
back upon its first reading, and referred to a special committee
consisting of Messrs. Stearns of Escambia, Osgood and Orman.
On motion, the Assembly adjourned until to-morrow morning
ten o'clock.

0-o-

SFRIDAY, January 20, 1871.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
,names:
Mr. Speaker, Messrs. Allen, Alexander, Butler, Brown, Boyd,
,Cessna, Chalker, Cruse, Crane, Coleman, Campbell, Duke, Dan-
iels, Elijah, Flowers, Frink, Gass, Gleason, Graham of Leon,
'Green, Gillis, Hull, Hiers, Hendry of Polk, Johnson, Jasper,
Livingston, Logan, McInnes, McLean, Mills, McRae, Neal, Or-

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	Title Page
	January 1871
	Appendix