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

FIFTH SESSION:

BEGUN AND HELD IN THE CAPITOL, IN THE CITY OF TAL-
LAHASSEE, ON TUESDAY, JANUARY 2, 1872.

MARCUS L. STEARNS, (of Gadsden,) SPEAKER.
M. H. CLAY, (of Leon,) CHIEF CLERK.

TALLAHASSEE:
CHARLES H. WALTON, STATE PRINTER.
1872.

V, ? i ; *

'I
'"'s' \"h~t~
('1~

JOURNAL

Of the Assembly of the State of Florida, at the Fifth Session of
the Legislature, begun and held at the Capitol, in the City of
Tallahassee, in the State of Florida, on Tuesday, the Second
day of January, A. D. 1872, being the day fixed by the Con-
stitution of the State of Florida for the meeting of the Legis-
lature.

The Assembly was called to order at 12 o'clock, M., by the
IIon. Marcellus L. Stearns, Speaker.
The roll was called by John W. Tompkins, first Assistant
Clerk.
The following members answered to their names:
Mr. Speaker, Messrs. Allen, Alexander, Armstrong, Butler;,
Cessna, Chalker, Cruse, Crane, Coleman, Campbell, Daniels,
Elijah, Frink, Gass, Gleason, Graham of Manatee, Graham of'
Leon, Hull, Hiers, Hendry of Polk, Hendry of Taylor, McInnes,.
Mills, McRae, Orman, Osgood, Paine, Sears, Scott, Stearns of-
Escambia, Thompson, Wyatt, Wells and Wallace-35.
" A quorum present.
The Certificates of Election of the following members elect.
were presented and received, viz:
Jackson County-W. K. Robinson, Benj. H. Neal.
Sumter County-A. C. Clark.
"Marion County-Birch Gibson.
On motion of Mr. Scott, the credentials of Birch Gibson were-
referred to the Committee on Privileges and Elections.
On motion, Messrs. Robinson, Neal and Clark came forward
and were sworn in by the Speaker.
Mr. Cessna moved that the Assembly adjourn until to-morrow
morning, 10 o'clock;
Which was not agreed to.
On motion of Mr. Scott, the roll of officers was called, and the
following answered to their names:
John W. Tompkins, First Assistant Clerk.
M. H. Clay, Reading Clerk.
Charles W. Kinney, Engrossing Clerk.
D. S. Sessions, Recording Clerk.
A. C. Lightbourn, Enrolling Clerk.

15qb7

4

Rev. Wm. G. Stewart, Chaplain.
Lucien Fisher, Door-Keeper.
P. D. Scott, Major DeCoursey, Fountain Ross, Pages.
On motion of Mr. Scott, the Assembly adjourned until to-
morrow morning, 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 Assemby 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 question 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 posseasion 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
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 main 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 THE 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 decided, that decision
shall not be reconsidered, and no question shall be twice recon-

6

sidered; Provided, however, That a motion to reconsider a vote,
upon any collateral matter, shall not remove the main subject
under consideration from before the Assembly, but shall be con-
sidered at the time when it is made.
.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, until
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 Assembly and the
'person speaking; nor shall any member be permitted in the al-
leys 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 until
after the Assembly shall remove the injunction of secresy.
RULE 25. Every member who shall neglect to give his attend-
ance 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 season 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 inope-
rative, 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 27. No member shall be permitted to vote, or serve on
any committee, in any question where his private right is imme-
diately 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 excuse
him. Any member desiring to be so excused on any question,
.shall make application to that effect before the Assembly is divi-
ded, or before the calling of the yeas and nays; and such appli-
cation 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 question
when the sense will admit of it. A motion to strike out and in-
sert 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 amend-
ment.
RULE 33. The unfinished business in which the Assembly was
engaged at the time of the last adjournment, shall have the pref-
erence in the orders of the day, next after motions for reconsid-
eration.
RULE 34. NO rule or order of the Assembly shall be dispensed
.with, or repealed, unless a majority of the members present shall
consent thereto.
RULE 35. When a vote is doubted, the members for or against
the question, when call on by the Speaker, shall rise and stand
uncovered till they are counted.
RULE 36. 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
inqure into the expediency of amending an existing law or laws,
to point out the amendment which he deems expedient, in wri-
ting, to accompany his motion, or to furnish a written statement
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.
OP 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 As-
sembly.
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 succes-
sion, for such paper.
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 up-
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-

9

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--THEIR 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 sec-
tions, leaving the title or preamble to be last considered. The
body of said bill shall not be interlined or defaced, but all amend-
ments, noting the page and line, shall be duly entered by the Clerk
on separate paper, as the same shall be agreed to by the com-
mittee, 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, THEIR POWERS AND DUTIES.
RULE 53. The following Standing Comittees shall be appoint-
ed 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 oth-
erwise.
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.

10

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 it which they are not inconsistent
with the Standing Rules, order of the Assembly, or the Joint
Rules of the two branches of the LCgislature.

o-0--

WEDNESDAY, January 3, 1872.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names: :
Mr. S1 eaker, Messrs. Allen, Alexander, Armstrong, Butler,
Brown, Boyd, Cessna, Chalker, Cruse, Crane, Clark, Coleman,
Campbell, Daniels, Elijah, Frink, Gass, Gleason, Graham of
Manatee, Graham of Leon, Green, Hull, Hiers Hendry of Polk,
Hendry of Taylor, Johnson, Jasper, Livingston, Logan, McIn-
ness, Mills, McRae, Orman, Osgood, Oliveros, Paine, Robinson,
Scott, Stearns of Escambia, Thompson, Wyatt, Wells, Wallace
and Worthington-44.
A quorum present.
Prayer by the Chaplain.
The journal of yesterday's proceedings was read and approved.
Mr. Graham, from Manatee, presented the certificate of elec-
tion of Mr. Duke, of Columbia county.
On motion of Mr Chalker, Mr. Duke came forward and was
sworn in as a member of the Assembly by the Speaker.
Mr. Cessna moved that a committee of three be appointed by
the Speaker to inform the Senate that the Assembly is organ-
ized and ready for business;
Which, on motionIwas laid on the table.
Mr. Wyatt offered the following resolution:
'Resolved, That the Assembly do now proceed to elect a Chief
Clerk;
Which was adopted.
A committee from the Senate appeared at the bar and inform-

11

ed the Assembly that the Senate was organized and ready for
business.
Nominations for Chief Clerk being in order-
Mr. Scott nominated E. C. Weeks.
Mr. Graham, of Manatee, nominated W. F. Bynum.
Mr. Coleman nominated David Montgomery.
Mr. Wyatt nominated Hamilton Jay.
Mr. Cessna nominated M. H. Clay.
Mr. Scott moved that an informal vote for Chief Clerk be had;
Which was agreed to.
The vote was:
E. C. Weeks, 1; W. F. Bynum, 18; Hamilton Jay, 18; D.
Montgomery, 5; M. H. Clay, 2; Horace Greeley, 1.
Mr. Butler moved that the Assembly proceed to a regular
vote for Chief Clerk.
Mr. Scott moved to lay the motion on the table;
Which was not agreed to.
Mr. Cessna moved to adjourn;
Which was not agreed to.
Mr. Scott moved that the election of Chief Clerk be passed
over informally;
Which was not agreed to.
Mr. Johnson moved to adjourn until to-morrow morning ten
o'clock;
"Upon which the yeas and nays being called for, the vote was:
Yeas-Mr. Speaker, Messrs. Armstrong, Boyd, Cessna, Cruse,
Coleman, Daniels, Gass, Johnson, Jasper, Livingston, Logan,
McInnes, Osgood, Sears, Scott and Thompson--17.
Nays-Messrs. Allen, Alexander, Butler, Brown, Chalker,
Crane, Clark,jCampbell, Duke, Elijah, Frink, Graham of Manatee,
Graham of Leon, Green, Hull, Hiers, Hendry of Polk, Hendry
of Taylor, Mills, McRae, Neal of Jackson, Orman, Oliveros,
Paine, Robinson, Stearns of Escambia, Wyatt, Wells Wallace
and Worthington-30.
So the motion was lost.
Mr. Cessna moved that the election of Clerk be postponed un-
til ten o'clock to-morrow ;
Upon which the yeas and nays being called for, the vote was:
Yeas-Mr. Speaker, Messrs. Armstrong, Boyd, Cessna, Cruse,
Coleman, Daniels, Gass, Gleason, Johnson, Jasper,. Livingston,
Logan, McInnes, Osgood, Sears, Scott and Thompson-18.
Nays-Messrs. Allen, Alexander, Butler, Brown, Crane, Clark,
Campbell, Duke, Elijah, Frink, Graham of Manatee, Green, Hull,
Hiers, Hendry of Polk, Hendry of Taylor, Mills, McRae, Neal
of Jackson, Orman, Oliveros, Paine, Robinson, Stearns of Es-
cambia, Wyatt, Wells, Wallace and Worthington-28.
'So the motion was lost.

12

Mr. Osgood moved that the House adjourn until three o'-
clock, P. M.;
"Upon which the yeas and nays being called for, the vote was :
Yeas-Mr. Speaker. Messrs. Armstrong, Boyd, Cessna, Cruse,
Coleman, Daniels. Gass, Johnson, Jasper, Livingston, Logan,
McInnes, Osgood, Sears and Scott-16.
Nays-Messrs. Allen, Alexander, Butler, Brown, Chalk-
er, Crane, Clark, Campbell, Duke, Elijah, Frink, Gleason, Gra-
ham of Manatee, Graham of Leon, Green, Hull, Hiers, Hendry of
Polk, Hendry of Taylor, Mills, McRae, Neal of Jackson, Orman,
Oliveros, Paine, Robinson, Stearns of Escambia, Wyatt, Wells,
Wallace and Worthington-31.
So the motion was lost.
The motion of Mr. Butler to proceed to the election of Chief
Clerk was then put and carried.
The vote was:
For Jay-
Messrs. Armstrong, Butler, Boyd, Cessna, Cruse, Crane, Cole-
man, Daniels, Elijah, Gass, Gleason, Graham of Leon, Johnson,
Jasper, Livingston, Logan, Mclnnes, Neal of Jackson, Osgood,
Paine, Robinson, Sears, Scott, Stearns of Escambia, Thompson,
Wyatt, Wells and Wallace-28.
For Bynum-
Messrs. Allen, Alexander, Brown, Chalker, Clark, Campbell,
Duke, Frink, Graham of Manatee, Green, Hull, Hiers, Hendry
of Polk, Hendry of Taylor, Mills, McRae, Orman, Oliveros
and Worthington-19.
Mr. Jay having received a majority of the votes cast, was de-
clared elected Chief Clerk of the Assembly.
On motion of Mr. Wallace, the Assembly proceeded to the
election of Sergeant-at-Arms.
The following were nominated :
Mr. Boyd nominated Emanuel Fortune;
Mr. Orman nominated G. W. Floyd;
Mr. Osgood nominated Morris Sampson;
Mr. Cruse nominated Matthew Colson;
Mr. Sears nominated N. A. Harral;
Mr. Gleason nominated O. B. Armstrong.
The vote was:
For Fortune-
Messrs, Armstrong, Butler, Boyd, Cessna, Cruse, Crane, Cole-
man, Daniels, E!ijah, Johnson, Jasper, Livingston, McInnes,
Neal of Jackson, Osgood, Paine, Robinson, Sears, Scott and
Wells-20.
For Floyd-
Messrs. Allen, Alexander, Chalker, Clark, Campbell, Duke,
Frink, Hiers, Hendry of Polk, Hendry of Taylor, Mills, McRae,
Orman and Oliveros-14.

For Armstrong-Messrs. Gass, Gleason, Graham of Leon, Lo-
gan, Thompson, Wyatt, Wallace and Worthington-8.
Neither of the candidates having received a majority of the
votes cast, the Speaker declared there was no election.
Mr. Oliveros moved that Emanuel Fortune be unanimously
declared Sergeant-at-Arms of the Assembly;
Which was agreed to, and Mr. Fortune came forward and
took the oath of office.
On motion, the Assembly took a recess till 4 p. m.

FOUR O'CLOCK, P. M.

The Assembly resumed its session.
The following members answered to their names:
Mr. Speaker, Messrs. Allen, Alexander, Armstrong, Butler,
Brown, Boyd, Cessna, Chalker, Cruse, Crane, Clark, Coleman,
Daniels, Duke, Elijah, Frink, Gass, Gleason, Graham of Mana-
tee, Green, Hull, Hiers, Hendry of Polk, Hendry of Taylor,
Johnson, Jasper, Livingston, Logan, McInnes, Mills, McRae,
Neal of Jackson, Orman, Osgood, Oliveros, Paine, Robinson,
Sears, Scott, Stearns of Escambia, Thompson, Wyatt, Wells,
Wallace and Worthington-46.
A quorum present.
Mr. Osgood moved that a committee of three be appointed to
inform the Senate that the Assembly is organized and ready for
business.
Mr. Wyatt moved to lay it on the table;
Which was agreed to.
Mr. Gleason offered the following as the oath to be adminis-
tered to the officers and attaches of this Assembly :
I, -- do solemnly swear that I will support, protect and
defend the Constitution and Government of the United States
and of the State of Florida against all enemies, domestic or for-
eign, and that I will bear true faith, loyalty and allegiance to
the same and I am not debarred from holding office by the 14th
article of the amendment to the Constitution of the United States,
and that I will perform the duties of of the Assembly ac-
cording to the best of my ability-So help me God.
Pending which; on motion of Mr. Butler, the Assembly ad-
journed until to-morrow morning, 10 o'clock.

14

THURSDAY, January 4, 1872.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker. Messrs. Allen, Alexander, Armstrong, Butler,
Brown, Boyd, Cessna, Chalker, Cruse, Crane, Clark, Coleman,
Campbell, Duke, Elijah, Frink, Gass, Gleason, Graham of
Manatee, Graham of Leon, Green, Gillis, Hull, Hiers, Hendry
of Polk, Hendry of Taylor, Johnson, Jasper, Livingston, Logan,
McInnes, Mills, McRae, Neal of Jackson, Orman, Osgood, 01-
iveros, Paine, Robinson, Sears, Scott, Stearns of Escambia,
Thompson, Wyatt, Wells, Wallace and Worthington-48.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Boyd, the reading of yesterday's journal
was dispensed with and the journal corrected and approved.
Under a suspension of the rules, Mr. Boyd offered the follow-
ing resolution:
Whereas, Doubt exists by this Assembly as to whether Ham-
ilton Jay, Chief. Clerk elect, possesses the necessary qualifica-
tions to exercise the functions of the office; therefore,
Resolved, That the Attorney General be requested to come be-
fore the Assembly and state whether, in his opinion, a clerk or
attache of either branch of the Legislature is an officer of the
State, and whether or not the Legislature is legally competent
to prescribe the oath and qualifications of its officers and at-
taches.
And be it further resolved, That a committee of two be ap-
pointed to notify the Attorney General, and request his attend-
ance forthwith.
Which, on motion of Mr. Johnson, was laid on the table.
Mr. Cessna moved to indefinitely postpone further action on
the form of oath as offered on yesterday by Mr. Gleason;
Which was not agreed to.
Mr. Wallace moved to adept the oath as proposed by Mr.
Gleason;
Upon which the yeas and nays being called for, the vote was:
Yeas-Messrs. Butler, Brown, Boyd, Crane, Campbell, Duke,
Elijah, Frink, Graham of Leon, Green, Hull, Paine, Stearns of
Escambia, Wyatt, Wells, Wallace and Worthington-17.
Nays-Messrs. Allen, Alexander, Armstrong, Cessna, Chalk-
er, Cruse, Clark, Coleman, Gass, Graham of Manatee, Gillis,
Hiers Hendry of Polk, Johnson, Livingston, Logan, McInnes,
Mills, Neal of Jackson, Orman, Osgood, Oliveros, Sears, Scott
and Thompson-25.
So the motion was lost.

15

Mr. Gleason moved that the present reading Clerk, Mr. M.
H. Clay, be declared Chief Clerk of the Assembly;
"Which was agreed to.
Mr. Scott moved that a committee of three be appointed to
wait upon the Senate and inform them that the Assembly was
organized and ready for business;
"Which was agreed to, and the following were appointed said
committee: Messrs. Scott, Graham of Manatee and Johnson.
After a brief absence the committee returned and reported
that they had performed their duty, and were discharged.
Mr. Cessna moved that a committee of three be 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 is organized and ready to receive any communica-
tion his Excellency may be pleased to make;
Which was agreed to, and Messrs. Cessna, Hiers and Osgood
were appointed said committee.
After a brief absence, the committee reported and were dis-
charged.
The following communication was received:
TALLAHASSEE, FLA., January 4, 1872.
To the Hon. Speaker and Members of the General Assembly of
the State of Florida:
Gentlemen :-Impelled by a desire to promote harmony, and
deprecating a discussion that would consume valuable time and
might produce more or less asperity of feeling, I herewith ten-
der my resignation as member of your honorable body from the
county of Marion. Respectfully,
W. H. DANIELS.
The following committee report was received:
Hon. M. L. STEARNs, Speaker of Assembly:
SIR: Your committee, to whom was referred the certificate of
election of Mr. Birch Gibson, beg leave to report that they
have examined the same, and that they find his certificate an-
swers all the requirements of the law. They therefore recom-
mend that helbe sworn in. W. K. CESSNA, Chairman.
Upon its adoption, the 'yeas and nays were called for, and
were:
Yeas-Messrs. Allen, Alexander, Armstrong, Butler, Bwn,
Boyd, Cessna, Chalker, Cruse, Crane, Clark, Coleman, ,amp-
bell, Duk6, Elijah, Frink, Gass, Graham of Manatee, Graham of
Leon, Green, Gillis, Hull, Hiers, Hendry of Polk, Hendry of
Taylor, Johnson, Jasper, Livingston, McInnes, Mills, McRae,
Neal of Jackson, Orman, Paine, Robinson, Sears, Scott, Stearns
of Escambia, Thompson, Wyatt, Wells and Worthington-42.
Nays-Mr. Wallace-1.

16

So the report was adopted, and on motion of Mr. Osgood,
Mr. Gibson came forward and was sworn in by the Speaker.
On motion, Mr. Clay, the Chief Clerk, took the oath of office.
Mr. Boyd offered the following resolution:
Whereas, since the adjournment of the last session of this As-
sembly, three of its most valuable members, through the instru-
mentality of death, have been deprived of seats in this Assembly
in the midst of their usefulness;
Therefore be it resolved, That a committee of five be appoin-
ted to draft suitable resolutions commemorative of their mem-
ory;
Which was read and adopted.
Mr. Gleason offered the following resolution :
Resolved, That the Adjutant-General furnish this Assembly
Hall with lights and fuel;
Which was read and adopted.
Mr. Boyd offered the following resolution:
Resolved, That the Sergeant-at-Arms be the custodian of the
stationery of this Assembly;
Which was read.
Mr. Gleason offered the following as a substitute for Mr.
Boyd's resolution:
Resolved, That the Chief Clerk furnish each member with one
inkstand, j gross of pens, J doz. pencils, 2 pen holders, one bot-
tle mucilage, J ream of note paper, J ream of foolscap, and -
ream of legal cap, for each Committee, and that each member re-
ceipt for all stationery he may receive;
Which was read.
Mr. Boyd moved to amend the resolution by striking out the
Chief Clerk, and inserting Sergeant-at-Arms;
Which was agreed to, and the substitute as amended adopted.
Mr. Cessna offered the following resolution:
WHEREAS, There are many and grave charges afloat as to the
mal-appropriation of the proceeds of the bonds issued by the
State to aid in the construction of the J. P. & M. R. R., and
that the charter creating the company in charge of said road
bF" not been complied with either in spirit or letter; and
.gross frauds have been committed upon the State; there-

Resolved, 1st. That a committee of five be appointed by the
Speaker, whose duty it shall be to thoroughly and vigorously in-
vestigate the acts and doings of the J. P. & M. R. R. Company,
and also that of State officials in connection therewith, in every
particular where the State is a party in interest, with a view to a
speedy and vigorous prosecution of all offenders.

17

Resolved, 2d. That the said committee shall, with their report,
recommend such measures for the action of the Legislature as
will correct existing evils, prevent loss to the State and guard
as far as may be against similar rascalities in future.
Resolved, 3d. That the said committee shall have power to
send for persons and papers, to employ assistance, and to do in
the premises whatever else may be found necessary to a com-
plete and successful elucidation and exhibition of the case, re-
porting daily all expenses incurred to this Assembly.
Resolved, 4th. That the said committee shall report their pro-
gress weekly;
Which was read.
On motion of Mr. Boyd, further consideration of the resolu-
tion was postponed until to-morrow morning, 11 o'clock.
Mr. Stearns of Escambia offered the following resolution:
Resolved, That the hour of 9.30 A. M. be fixed as the hour
for convening the Assembly during the present session;
Which was read.
Mr. Boyd moved to lay the resolution on the table;
Which was agreed to.
Mr. Gleason offered the following resolution:
Resolved, That the Senate be invited to meet the Assembly
in the Assembly Hall in Joint Session at 11.55 A. M., to hear
the Governor's message;
Which was read and adopted.
A message was received from the Senate informing the As-
sembly that the Senate would meet the Assembly in Joint Ses-
sion at 11.55 A. M., for the purpose of receiving the Governor's
message.
Mr. Johnson offered the following resolution:
Resolved, That the members of the Supreme Court, Cabinet
officers, U. S. Senator, and member of Congress, and army offi-
cers at this post, be invited to seats in this Hall to hear the
message from the Governor ;
Which was read and adopted, and the Sergeant-at-armswn-
instructed to extend said invitation.
At 11:55 A. M., as per joint resolution, the Senate enter :.e
Hall for the purpose of receiving the Governor's message.C '
The Hon. Samuel T. Day, President of the Senate, in the
chair.
On motion of Senator Jenkins, a committee, consisting of
Messrs. Jenkins, Butler and Hiers, were appointed to wait upon
his Excellency, the Governor, to inform him that the Legislature
2

18

was assembled in joint session for the purpose of receiving his
annual message.
Senator Wentworth moved that the Cabinet officers, Judges
of the Courts and members of the press be invited to seats within
the bar;
'Which was agreed to.
After a brief absence, the committee appointed to wait upon
the Governor presented his Excellency in person, who commu-
nicated as follows:

19

GOVERNOR'S MESSAGE.

Gentlemen of the Legislature:
For the last time during my official term I have the honor to
meet you in session, to deliver my annual address as Chief Execu-
tive of the State; and while, since you last assembled, the State
has passed a season of severe trial by flood and storm, yet, on,
the whole, it has kept a steady pace onward in population and'
in civil, political, and industrial development.
Among the reconstructed States of the South none started upon,
a more truly conservative basis than Florida, and none have pro--
gressed more successfully in the scale of social, political, and in--
dustrial improvement.
Florida, upon the whole, may be said to have been distin.-
guished among the Southern States for general peace and quiet,
and obedience to law, notwithstanding reports to the contrary
which have prevailed, much to the detriment of the State.
Still disturbances, breaches of the peace, infractions of- the
law, and scenes of fatal and disgraceful violence have occurred
in many localities within our borders. This I have attempted
to correct by the exercise of all the power vested in me by
the Constitution, and by the use of all the means bestowed,
for that purpose by the Legislature. But at times all efforts-
have failed, and all the means at my command have seemed to-
be ineffective.
It is true that these same localities, being, to all intents, border-
sections, have from time immemorial been the resorts of lawless
and reckless men, and in some of them, as in the earlier periods of
the existence of the Western and Southwestern States, the law
of Judge Lynch and the Regulators," for years before the war,
had been the only code of much efficacy.
I had hoped better results from the reorganization of govern-
ment under Republican auspices; but the bitterness resulting-
from the war, the noxious teachings of disappointed and defeated

20

political opponents, assisted by the occasional lack of discretion
on the part of injudicious political friends, succeeded for a long
time in setting at naught the advice and the efforts of the better
men of all classes, until improvement at times seemed to be hope-
less; and I have been strongly and forcibly urged to the declara-
tion of martial law.
But looking upon the suspension of the civil law as an experi-
ment always full of danger and entirely opposed to all the prin-
ciples of free popular government, I have hesitated and refused
to take a step so fraught with manifold dangers, except as the
"very last resort, even at the risk of incurring the enmity and hos-
tility of my own political friends. And while my heart has bled
for the violence and suffering inflicted upon the more helpless
classes of the community, I have steadily relied upon the civil
law and the good sense and latent patriotism of the general
-citizenship.
While it is the fact that nine-tenths of the suffering induced has
fallen upon Republicans, and mainly upon colored citizens-giv-
ing unerring evidence that these excesses have been strongly
tinctured by, if they have not entirely originated in, political
prejudice-I still have been unwilling to set aside the usual
methods of redress under all forms of constitutional government.
I may in this have erred; but if so, the error has arisen from a deep-
seated and, perhaps, overweaning regard for the sanctity of all
the legal safeguards provided by and under the free institutions
of our country.
I have remonstrated, admonished,'and entreated, with little
apparent avail. The power granted me in the detective law of
1868 was rendered almost nugatory through the restrictions and
want of means imposed, I fear, by the jealousies and personal ani-
mosities of so-called political friends; I still have earnestly en-
deavored, through the aid- of special detectives, employed at my
own expense, to ferret out and bring to justice the perpetrators
of violence and crime, for whose detection and punishment the
ordinary enforcement of our criminal laws seemed inadequate.
And at last these persistent efforts seem likely to be crowned
with some measure of success. A large amount of useful infor-
mation has thus been obtained, and a mass of testimony, the na-
ture and extent of which it is improper to disclose till the en-

21

tire safety of the witnesses is effectually secured, is at my dis-
posal.
In the prosecution of this work, and in the absence of the
proper legislative appropriation therefore, I have, of necessity,
been forced to incur large expenses, accounts of which will be
presented for adjustment at your present session.
In the Southern Circuits of the State, the 5th, 6th and 7th,
embracing some of the wildest and formerly most lawless coun-
ties, a marked improvement has attained, and the law officers
have been able, by firm and judicious management, to command
respect for the laws, and acts of violence have been of less fre-
quent occurrence than ever before. In the Third Circuit, where,
in 1869, I was called upon repeatedly to interfere by martial
law, in the counties of Columbia, Suwannee and Hamilton, no
general disturbances have occurred, and no hindrances to the
administration of the civil law have been made known to me.
In the counties of Taylor and Lafayette there have been acts
of violence which have almost justified arbitrary measures.
These seem to be attributable to hostility growing out of the
war. A large number of men who refused to serve in the
rebel army, and many of whom served in the Union army, in-
habit these counties, and they have been made the objects of
cruelty and violence, and many of them have been assassinated.
It may yet be necessary'to adopt extraordinary means to secure
these citizens against outlawry and violence, though I believe
an organization of a small police force and the presence of
United States soldiers may save such necessity.
In one of the counties in the First Circuit which has sustained
the least enviable reputation for deep-seated and disgraceful
disregard for law, and where violence and blood at 'times ap-
peared to reign supreme, and all efforts to enforce obedience to
law seemed futile, since your last session, in the hope of obtain-
ing, some measure of security to the helpless victims of dis-
order and violence-when death by assassination had created
a vacancy in the office of county clerk and the sheriff had ab-
sconded-I took the somewhat hazardous step of appealing
directly to the manliness and good sense of the body of the
county, and appointed to office the nominees of the citizens
without reference to party-avoiding open opponents-under a

22

pledge of a united effort to enforce the laws of the State, ip-
partially and without distinction. And while I am pained to
say that such enforcement of law as I had hoped has not been
.-attained, still, greater quiet and less violence have prevailed
Since, in the county, than within the previous quarter of a cen-
tury; and an election held on the 19th of December for mem-
'bers of the Legislature was the most orderly and quiet election
,'known in many years, and Republican members were elected
by a vote of two to one. Thus at last the wisdom of the
course taken seems to be fairly vindicated.
It is a proper matter for mutual congratulation that the politi-
cal indications in all parts of the Union, so strongly evince a wide-
spread popular endorsement of the reconstruction policy of Con-
:gress, and of the existing administration of the national gov-
ernment.
That errors may have been committed, none will care to deny;
but when the lapse of time shall have made possible animpartial
appreciation of the innumerable difficulties and embarrassments
encountered, the present national Administration will not suffer
;in comparison with any preceding in the history of the country.
The evident and general admission of the certainty of the re-
nomination and re-election of General Grant to the presidency
gives reasonable assurance of four years' longer continuance of
the present strong and firm, but cautious administration of na-
tional law, and has already and very plainly improved the con-
dition of the South, and is exerting in our own State a powerful
and beneficent influence.
It may well be hoped that this probable permanence of the na-
tional policy, and the legitimate operation of the civil service re-
form and general amnesty, so strongly recommended by the
President, will diminish the bitterness of the impending political
-campaign, and tend to do away with the baneful and unne-
cessary hostility between State and national officers, which has
wrought so much mischief in all the South, and has severely em-
barrassed the administration of our own State government.
RETRENCIMENT AND ECONOMY.
TMuch has been said within and without the Legislature about
retrenching expenses and an economical administration of

23

the government. All the measures heretofore adopted have
been, for want of completeness, like saving at the spigot and
losing at the bung-hole.
A few salaries have been reduced, and the Constitution and
government weakened thereby, while the main sluiceways of
extravagance and waste have been kept open.
This session brings direct instructions from the people that
may not be disregarded with impunity. The plan heretofore
adopted by the opposition of favoring every measure of ex-
travagance in order that they may hold the dominant party
responsible for lavish expenditure, must now be abandoned or
the Representatives will violate their pledges to their constitu-
ents. The Republican members can no longer continue reckless,
under penalty of political as well as personal condemnation.
Now is the time to inaugurate a system of true practical econ-
omy, and the Legislature should begin at its own, doors, and
thence through all departments of the government.
1st. Cut off all useless employees and supernumeraries, and fix
the per diem of members and officers upon a cash basis and ac-
cording to a business standard.
2d. Revise the fee bill and equalize the pay of county officers,
reduce the fees of clerks of courts, compel the assessor to make
his own roll without additional charge, and reduce the percent-
age for the assessment and collection of the revenue. The sheriffs
and county judges' fees are reduced to a proper standard, but
in one of the circuits, at least, the judge has overruled the law,
and the sheriffs charge 50 per cent. more than the law allows.
3d. Require all taxes paid in cash, and thus do away with the
inducements to fraud in speculating in scrip, making false re-
turns, &c., and at the same time reduce the aggregate expenses
of the government 25 per cent.
4th. Require jurors and witnesses' fees to be adjusted by the
counties. As now adjusted, there is no protection against du-
plicate and false certificates. At least 25 per cent. in amount
would be saved by settlement of these accounts where they occur,
instead of issuing certificates to be paid by the Comptroller.
The adoption of the amendments to the Constitution, which
took effect on 15th May last, has reduced the salaries of the State
officers so low that those who were not resident at the Capital

24.

could not comply with the law of last session and transfer their
residence. The combination of speculators and political gam-
blers to destroy the credit of the State reduced scrip so low that
the heads of departments received only equivalent to $700 per an-
num, and the Governor $1,000. The judges' pay is at starvation
point, and unless the cash system is at once adopted it will be
impossible to sustain'their positions.
The change in the mode of pay of the members of the
Legislature from a salary to per diem affords an opportu-
nity for the Representatives to show the sincerity of their
professions by adopting a reasonable sum for their ser-
vices. Take $5 per day as a basis, to be paid in cash, and
the aggregate pay of the members would be, for a sixty-day
session, $22,500, being a saving of $15,000 for the session, and af-
fording each member as much real value as when he received the
larger amount in scrip. By establishing the pay of the clerks
upon the same basis, and limiting the number to the real necessi-
ties of the Legislature, half as much more may be saved, making
,an aggregate saving of from $20,000 to $25,000 at each session.
Another source of great loss to the State is the hurried passage
of the general appropriation bill, at the close of the session,
when thousands of dollars are inserted of extra allowances
and improper items, and lugged through because it is too late to
correct and save the bill. This is an evil that must be remedied,
and it is the duty of the members to see that the general appro-
priation bill is passed early in the session, and if extra pay or old
claims are presented let each stand upon its merits. No
general appropriation bill yet passed has met strictly the requi-
sitions of the Constitution.
FINANCES AND TAXATION.

So much has been said in reference to the conduct of the
new government-so many charges of fraud, bribery and cor-
ruption, fraudulent issue of bonds, immense increase of the
State debt, oppressive taxation, &c.; so many invidious com-
parisons drawn by the chiefs and head-men of the old govern-
ment against the new-that I shall be pardoned if I occupy
some space in laying before you not only the exact present con-
dition of the finances, but a history of the State indebtedness,

25

and how much of it is chargeable to those "honest" men
whom the present government supplanted, and who have
traversed the State and sent their emissaries to New York to
malign and abuse the Republican administration and destroy
the State credit, and who are now seeking to induce the people
to resist the laws and violate the obligations of citizenship.
In 1861 the Comptroller of the State reported to the Legisla-
ture as follows:
Since the year 1848 there have been no accounts kept show-
ing the expenses for which the State has been liable. For in-
stance, there is no executive, no judicial, no military, and no
contingent nor other necessary expense accounts to be found
from the year 1848 down to the year ending November 1, 1860."
This was during the halcyon days of peace, prosperity and
harmony "before the war." There were no "scalawags,"
" carpet-baggers," nor freedmen to disturb the political sea-
all were "honest" men in those days, and "no accounts were
kept showing the expenses of the State !
After the State secured the lands and property of the United
States and declared her independence (?) April, 1861, and down
to 1866, the same neglect seems to have continued, as it was
found necessary at that time for the Legislature to appoint a
commission to ascertain the debt of the State.
This commission submitted, November 19, 1866, the follow-
ing as the bonded debt of the State, viz.:
In bonds of 1856, $201,000
In bonds to the school fund, 104,500
In bonds to the seminary fund, 60,992
In bonds of 1861, 4,125
-- $370,617 00
To this was added-
December 3, 1866, a bond for money borrowed
under act of January 10, 1866, $21,000 00
April 5, 1867, bond to Internal Improvement Fund
under same act, 45,000 00
July 1i 1867, bond to school fund under act Decem-
ber 13, 1866, 29,747 63

Total bonded debt, 1866, $466,464 63

26

To show how accurate this statement was, and how the ac-
counts were kept at that time, it is only necessary to state that
there were, at the time of the 'report of the commissioners,
$221,000 instead of $201,000 of the bonds of 1856 outstandiiig,
and there were in the school fund, $111,005 instead of $104,500 ;
in the seminary fund, instead of $60,992, there were $64,292.45.
An aggregate difference of $29,805 A slight matter among
"honest" men, who keep no accounts!
Again, it appears from the Comptroller's reports from 1867
down, that there are bonds of $45,000 in the Internal Improve-
ment Fund. But upon examination 'recently it is found that
the Internal Improvement Fund holds no such bonds.
In looking carefully for an explanation we find that in 1867
$25,000 in bonds were issued to the Pensacola and Georgia
railroad, and $20,000 to the Florida, Altantic and Gulf Central
railroad on account of interest on their bonds.
And in this connection it is proper to remark, that, of all the
receipts from sales of public lands, and from the railroad com-
panies on account of sinking fund, (one per cent. on amount of
their bonds,) this $45,000 appears to be all there is reported to the
new government, and this had been appropriated a year before!
In 1871, however, there came to the Treasury, in an envelope
without note or comment, a bond for $21,000, (minus the cou-
pons,) which appeared to have been issued to E. N. Dickenson,
of New York, for money borrowed for the Legislature in 1866.
This bond was said to belong to the Internal Improvement
Fund, and to have been returned by or from Moses Taylor, of
New York, on account of sinking fund.
And here, again, another explanation is necessary to a proper
understanding of the situation.
In November, 1866, immediately after the sale of the Florida
Railroad, $97,800 arising from the sale was deposited in New
York to the credit of Moses Taylor, who was made the confiden-
tial agent of the Board of Trustees Internal Improvement Fund,
to take up the first mortgage bonds of said road. In December,
1866, a bond was issued to E. N. Dickenson for $21,000 bor-
rowed to pay the Legislature. It appears that E. N. Dickenson
was the purchaser of the Florida road. The $97,800 purchase
money was sent to New York and deposited without interest.

27

In a month after, $21,000 is borrowed of E. N. Dickenson at 7
per cent. interest, and after interest is paid for four years this
bond turns up as a part of the money belonging to the fund.
By this brilliant financial transaction $6,856, annual interest, was
lost on the $97,800, and 81,470, annual interest, paid on $21,000
of it, making loss to the State of $8,326 per annum since 1866-
or over $40,000 aggregate!
Added to this, on the 1st July, 1868, twenty-two days after the
new government was inaugurated, andfive days after Gov.Walker
had voluntarily surrendered his authority, a balance of $4,230 re-
maining in the sinking fund of the Florida road was ordered
turned over to Moses Taylor, and he was advised not to account
to the new board or government, as it would squander the funds!
Accordingly, when, in November following, the present board
sent the Treasurer to New York to demand the funds then held
for two years, the agent refused to account for or deliver any
funds to him, basing his refusal upon the confused state of politi-
cal affairs in the State! And no account has ever been rendered,
and $232,000 of the bonds remain outstanding, upon which the
Improvement Fund is charged $16,240 annual interest, amount-
ing in five years to $81,200!
Again, on the 24th June, sixteen days after the inauguration
of the present government, and the day before the surrender by
Gov. Walker, the old board turned over to Col. Edward Hous-
toun the funds in hand realized from the sale of the Florida, At-
lantic and Gulf Central Railroad, to purchase the outstanding
bonds of the company.
It is not to be presumed that the "honest" men who con-
trolled the old government had any interest in the profits of
these little transactions; but I submit that they are not the
proper parties to assail the character of the present Administra-
tion, nor to charge it with fraud and corruption, as they have
been doing for the past three years.
It is undoubtedly true that Gov. Walker and his board are
personally liable for the $4,230 retained after the surrender of
the government, and that they are liable for the funds delivered
to Col. Houstoun on the 24th June, after the inauguration of the
present Constitution and government.
The bonded debt of the State, as now appears from the rec-

28

ords and all the data which is available, is as follows. I give
the date and amount of each bond or series, viz.:
Held by the School Fund-
50 Seven per cent. bonds of $1,000 each,
dated Jan. 1, 1857, payable in 1877, $50,000 00
10 Eight per cent. bonds of $500 each,
dated July 1, 1861, and payable in
1881, 5,000 00
1 Six percent. bond, dated March,1856,
due 1866,. 5,000 00
1 Six per cent. bond, dated May 10,
1856, due 1866, 505 00
1 Six per cent. bond, dated June 10,
1856, due 1866, 1,000 00
1 Eight per cent. bond, dated Jan. 1,
1863, due in 1883, 99,500 00
I Seven per cent. bond, dated Oct.,
1867, 29,747 63
-- $190,752 63
Held by Seminary Fund-
Eight per cent. bond, dated Jan. 1,
1863, due 1883, $60,992 45
7 Seven percent. bonds of $1,000 each,
dated Jan., 1857, payable in 1877, 7,000 00
2 Eight per cent. bonds of $500 each,
dated July 1, 1861, due 1881, 1,000 00
1 Six per cent. bond, dated June 10,
1856, due 1866, 2,300 00
$71,292 45
Held by Internal Improvement Fund-
1 Bond to E. N. Dickenson, dated Dec.
3, 1866, 21,000 00

Total trust funds, $283,045 08
Held by Indian Trust Fund at Washington-
132 Seven per cent. bonds of $1,000 each,
dated Jan., 1857, due 1877, 132,000 00
Held by State Treasurer on account
Insurance Company-
30 Six per cent. bonds, $1,000 each,
dated Jan., 1869, due 1889, 30,000 00

29

Outstanding in unknown hands-
- Bonds issued to Edward Houstoun
in 1867, no record of date or denomi-
nation, $20,000 00
32 Seven per cent. bonds of $1,000 each,
dated Jan., 1857, due 1887, 32,000 00
49 Six per cent. bonds, dated Jan., 1869,
due 1889,. 49,000 00
-- Eight per cent. bonds, issued by
order Constitutional Convention,
March, 1868, 30,000 00
1,619 Seven per cent. bonds of $100 each,
dated Jan., 1871, 161,900 00
----- 292,900 00

Total bonded debt, Jan., 1872, $747,945 08
Add amount of accrued interest as stated
by Comptroller, $157,606 09
Amount due on 421 hypothecated bonds
in New York, 120,000 00
Warrants and Treasury Certificates, 286,098 80

Total bonded and floating debt, $1,311,649 97

Of the bonded debt, all save the $79,000 of six per cent. bonds
of July, 1868, and the $161,900 seven per cent. bonds authorized
by last session, is chargeable to the old government, and $36,000
of the six percent, bonds went to take up bonds of 1867 and ac-
cumulated interest. So that the entire $747,945.08-less $43,000
six per cents., and $161,900 seven per cents., was contracted be-
fore the inauguration of the present Constitution and government.
To the same account must be placed the accumulated interest of
$157,606.09 and interest paid during the last three years on old
bonds, amounting to over $65,000. Leaving on account of the
present Administration the following amounts:

43 Six per cent. bonds of $1,000 each,
dated July, 1868, $43,000 00
1,619 Seven per cent. bonds of $100 each,
dated Jan., 1871, 161,900 00

30

Amount due on bonds hypothecated, $120,000 00
Warrants and Treasury Certificates, .286,098 80

$610,998 80
Less interest paid on old debt, 65,000 00

$545,998 80
To meet this we have the unpaid rev-
enue, 1869 and 1870, .$182,283 00
Revenue, 1871, 422,389 45
-----$604,672 45

Leaving, when the uncollected taxes now
due are paid in, a balance in favor of
the new government, over its expend-
itures, of, $58,673 C.

And what have we to show for our expenditure which the old
government had not ?-
Seven circuit and thirty-nine County Courts, open to all classes
alike, and a prompt and efficient administration of criminal law,
which it has cost to organize and maintain, with the Penitentiary,
at least $150,000;
An efficient system of common schools, free to all, with 331
school-houses and an annual attendance of 14,000 children;
An Emigration Bureau, which, with the other advantages of
government, has brought into the State within the past three
years over 40,000 inhabitants;
A well organized militia system which has cost, with 2,000
stands of arms and accoutrements, at least $40,000.
These and other necessities imposed by the change from an
arbitrary to a Republican government, and the enfranchisement
of two-fifths of the population before held and governed as chat-
tels, have imposed extraordinary expenditures, which in no case
have been extravagant, but which would have been greatly
lessened but for the efforts of conspirators against the new gov-
ernment.
The organization of what were called Democratic Clubs"-'
secret societies, designed to seize the government by violence in
the event of the assurance of the election of Seymour and Blair-

31

which clubs became afterwards the Ku-klux of infamous notoriety
for blood and cruelty, compelled the purchase, in 1868, of 2,000
stands of arms with equipment and ammunition, at a cost of
$28,000 in bonds.
These extraordinary expenditures amount to more than
$300,000, viz:

The opening and maintenance of a State Penitentiary and ad-
ministration of criminal law, $150,000
Repairs of State Capitol, 20,000
Code and Digest of laws, 25,000
Extra Legislative expenses in attempts by corrupt
men to impeach Governor and judge, 30,000
Payment of scrip issued by Constitutional Convention,. 25,000
Engraving and printing bonds and scrip and purchase
of safe for Comptroller's office, 8,000
Purchase of arms and ammunition, and organization
of militia, 40,000
Organization and maintenance of Emigration Bureau,. 10,000

$308,000

The Coustitution, Article XII., Section 1, declares, "That the
Legislature shall provide a uniform and equal rate of taxation,
and shall prescribe such regulations as shall secure a just valua-
tion of all property, both real and personal." Section 2, "The
Legislature shall provide for raising revenue sufficient to defray
the expenses of the State for each fiscal year, and also a sufficient
sum to pay the principal and interest of the existing indebtedness
bf the State."
By adroit, and sometimes not altogether honorable manage-
ment on the part of enemies of Republican government, for sev-
oral sessions, the Legislature was prevented from enacting the
necessary laws to enforce these requisitions of the fundamental
law; and it was only at your last session that an approximation
was made to that end in the passage of what was called the
Equalization Act, which provided for a valuation of all property
by sworn assessors upon a uniform standard, with power to the
boards of county commissioners to revise and correct any ine-
quality or want of uniformity, and a State board to equalize the

32

valuation among counties, so that no injustice should occur from
under or over valuation in any single county; and a tax sufficient
to "defray the expenses of the State and pay the interest upon
the public debt."
Under your oaths you could do no less; and yet, strange to say,
this act, so necessary to the highest interests and honor of the
State, as well as obedient to the mandate of the Constitution, has
been made the occasion of more persistent denunciation and false
accusation of the Legislature and the government than any act
of the session.
The provision for a uniform assessment by an assessor was
practically nullified by the instructions of the Comptroller to the
assessor to take the sworn valuation of the owner.
The act was incomplete in itself, and was accompanied by
another bill relating to county taxes and the authority of boards
of county commissioners, which, though passed by both Houses,
failed to become a law, and thus failing, left a hiatus which has
been seized upon and made the basis of an attempt to defeat en-
tirely the collection of the revenue for the year.
Thanks to a patriotic people who recognize the duty of obey-
ing the Constitution and meeting honest obligations, the plan
of the conspirators has failed, save in one or two counties where
interested attorneys have sought a fee by inducing litigation, and
only temporary embarrassment has ensued.
In consequence of the losses in crops and distress arising from
the unprecedented storms during the summer, it was deemed best
to extend the time for closing the books for a month, and this
has delayed returns; but in most of the counties the collections
have been as prompt as in any previous year.
The tax was unnecessarily heavy upon the laboring and agri-
cultural interests in consequence of the failure of the Legisla-
ture to impose taxes upon the corporations and capital doing
business in the State, and in consequence of neglect of assessors
to do their duty in seeking out and placing upon the roll prop-
ertyof non-residents.
But it has been generally responded to cheerfully, and with
proper legislation, at this session, no such burdens need again
be thrown upon the industry and property of the State.
The objects and purposes of these opponents of just and equal

laws and a successful administration is candidly admitted by one
of the ablest and most candid of the legal representatives of the
opposition, in the leading Democratic paper at the seat of gov-
vernment. He says:
No greater calamity could befall the State of Florida, while
under the rule of its present carpet-bag, scalawag officials, than to
be placed in good financial credit. Our only
hope is in the State's utter financial bankruptcy; and Heaven
grant that that may speedily come On the other hand, estab-
lish for the State financial r,. ';t on TVall Street, so that Florida
bonds can be sold by Reed & Co., as fast as issued, and you'give
these foul harpies a life-tenure of these offices. *
The temporal salvation of the tax payers is in having scrip
low, so that they can buy it to pay taxes with, and in having
the State's financial credit low so that Reed & Co. can't sell State
bonds so as to raise money with which to perpetuate their hold on
office."-FLOIIDIAN, Aug. 1, 1871.
Being thus advised of the real purposes of those who are de-
nouncing the Administration-to bring ruin to the State that
they may increase the chances of recovering again the reins of
power-the representatives of the people should act in view of
the interests of the State regardless of their clamors.
The policy of the old government, of which the writer above
quoted is a fit exponent, was to shut the State against progress,
improvement, cultivation, population, intelligence; to keep the
masses ignorant and degraded, in order that the few might
revel in luxury and power.
The object and purpose of the new Constitution and govern-
ment is to open the.State to population, to stimulate improve-
ment, to educate the people, and secure all classes equal bene-
fits and protection. The emblems of the old system were
the whipping post and pillory, bowie knife and pistol; those
of the new, free schools, and courts open alike to all.
Your first duty will be to perfect the work of the last session,
and bring the entire revenue system to harmonize with the
Constitution, and thus lay the basis of State credit beyond the
reach of speculators and demagogues who have hitherto com-
bined by fraud, treachery, falsehood, and deception to defeat

34

the purposes of the people, with a view, as above declared, to
bankrupt the State and overthrow the Constitution.
The State has ample resources, without adding to the bur-
dens of the people, to meet all her obligations, old and new,
and to place her credit at par.
What are they and where ?
1st. A taxable property, when fairly and uniformly valued,
and all the property brought into requisition, of $50,000,000,
which, at one-half of one per cent., will yield a revenue of
$250,000.
2d. Licenses.-Increase the license for hotels and saloons
dealing in liquors to one-half of the former law, and compel the
officers to a faithful discharge of their duties in collecting, and
$30,000 may be realized from licenses.
3d. Tax Railroads on gross receipts one-fourth of one per
cent., Express Companies one-half per cent., Telegraph Com-
panies one per cent., Insurance Companies two per cent., and
,50,000 pef annum may be realized, and the burden of taxation
to that extent removed from the industry and put upon the
capital.
4th. Organize the fisheries into districts and farm them out to
the highest bidder for five years, and from $50,000 to $150,000
per annum may be realized.
There is due us from the United States Government for public
lands, $50,000,
Allowed by Treasury Department, 5,000
Seminole war claims, probably, 165,000

$220,000
Enough to discharge the $132,000 and accumulated interest
due the Indian trust fund.
In 1870, under act of the Legislature, $4,000,000 of bonds
were issued to the Jacksonville, Pensacola and Mobile Railroad
Company in exchange for the same amount of bonds of the
company, bearing the same date and rate of interest.
I have no report of the company in relation to their condition
and purposes, but they have not complied with the law in the
extension of their road to the Chattahoochee by 1st July, though

35

I am unofficially informed that its completion to that point is
now rapidly progressing, and will soon be consummated.
It appears that the bonds were entrusted by the company to
one of the firms of swindlers who abound in New York, which,
by fraud and villainy, have diverted much of the proceeds from
the work for which they were issued, and there remains but
$1,200,000 for the purposes of extending the road beyond the
river.
The last million of the four were delivered, and are held in
trust to be disposed of when the amount of $300,000 balance
due the Internal Improvement Fund is paid. This sum is
still unpaid, and remains a lien upon that portion of the road
between Lake City and Quincy.
The losses of the company in no way involve loss to the-
State, as the securities held by the State can at any time be
converted for sufficient to redeem the State bonds.
I am advised that the interest on the bonds has been paid
by the company-up to, and including January, 1872, but the
coupons have not been delivered at the'Treasury, and the cou--
pons upon the railroad bonds held by the State therefore remain
uncancelled.
These bonds are included in the Comptroller's statement.
of the State debt, without note or comment, and the inference
is left that no provisions are made for the interest or principal
save from taxation. Now the State holds an equal amount of
first mortgage bonds of $16,000 a mile on a completed road
which has sufficient business to pay its running expenses, the
interest on the bonds, and enough to constitute a sinking fund
sufficient to discharge the bonds when due. This being the
tact, it is unjust to the people of the State to seek to convey
a different impression abroad, and it can only be excused on.
the ground assumed by the writer above quoted from the "Flor-
idian" that their "only hope is in the utter financial bank-
ruptcy of the State."
nEeAPITULATION.
Liabilities-
Bonded debt, $747,945 08
Floating debt, 563,704 89

Total, 1,311649 97

36

Resources-
Revenue uncollected, ..604,72 45
Amount due from United States, 220,000 00
-- -$824,672 45

Total debt, Jan., 1872, $486,977 52
After discharging -all the liabilities of the Internal Improve-
maent Fund and meeting all the grants made.to railroads, rivers,
canals, &c., we shall have at least four million acres of lands re-
maining, as a final resource for any State liabilities.
COLLECTORS OF EVENTUE AND TREASIUERS.
The attention of the Legislature is particularly directed to the
importance of more stringent laws to protect the counties and
State against embezzlement or losses from inadequate bonds of
treasurers and revenue officers.
As the law now stands, it is claimed that when the security
,on a bond of one of these officers lapses by death or bankruptcy
.it does not authorize the demand for a new bond. If this be so,
the defect should be immediately remedied, and the officer re-
quired to file a new bond within thirty days after notice, or his
office declared vacant,
The provisions of the bill known as the Funding Bill," of the
last session, should be made to apply to all officers of the reve-
nue, and a default to pay over the public moneys should be de-
clared a felony. Bonds, however good, are not sufficient to pro-
tect the Treasury against loss from dishonesty and fraud.
With a statute rendering defaults a crime, and another com-
pelling the payment of all the revenues in lawful currency, the
frauds upon the Treasury, and speculation in public funds by
revenue officers, will cease; as it now'stands it is impossible to
prevent them.
In every case of default now existing, I have uniformly in-
structed suits to be commenced; but the law officers have either
been indulgent or found the law inadequate.
It has been held that I could not remove an officer in the ab-
sence of the Legislature, either for inadequacy of bond, fraud,
neglect, or any other cause, so that when cases have been re-
ported to me which called for immediate action, I have been

37

compelled to forego a remedy. I early called the attention of
the Legislature to this difficulty, but no action was taken and
much loss has occurred in consequence.
RAILROAD POLICY.
In 1855 the State entered upon a plan for the construction of
a system of railroads that was comprehensive and highly cred-
itable to the intelligence and sagacity of its projectors, but
which in its results has been ingeniously and almost impercep-
tibly expensive.
Few of the people understand that, besides the United States
lands granted, these roads have cost the State over three millions
of dollars, and have never paid one cent of tax either on their
lands, their property, or their income; yet, so far as can be ascer-
tained, from the records and sources of information left by the
old government, such is the fact.
When this administration was inaugurated it found this state
of things, viz:
The Florida road, 154 miles, sold by the board of trustees, in
1866, for $116,000, or $753 per mile, leaving $232,000 in mortgage
bonds, the interest of which was guaranteed by the State, with
a large amount of accumulated interest, for the payment of which
suits have been commenced ;
The Central road, (from Jacksonville to Lake City,). 60 miles,
sold by the board in 1868 for $111,000, or nearly $1,850 per
mile, leaving an indefinite amount of unpaid interest for the
State to meet;
The Pensacola and Georgia, and the Tallahassee roads, forfeited
and liable to be sold by the board, with $1,424,300 bonds out-
standing, upon which interest was accumulating against the
State 8f $99,700 per annum.
These roads were immediately sold by the present board, for
nearly the par value of the bonds, and sufficient to discharge
them and leave no incumbrance for the State, except for unpaid
interest.
Thus we find that the railroads cost the State through the In-
ternal Improvement Fund, and the counties-
Lands conveyed for interest, 1,000,000 acres, at $1.25, $1,250,000
Proceeds of lands sold since 1850 to 1868, 750,000

38

Accumulated interest and indebtedness now ex-
isting, probably, 1,000,000
Amount of bonds given by counties, 500,000

$3,500,000

The Legislature of 1869 changed the plan for the completion
of the roads, and offered bonds to the amount. of $16,000 per
mile in exchange for first mortgage bonds of the roads. While,
individually, I was opposed to further involving the State in
connection with the roads, yet the almost unanimous voice of
the Legislature favoring State aid, as in most of the other States,
I sanctioned the plan; and there would exist no valid objection
had the issue been confined to the extension of the lines, instead
of being issued on the road already built.
"Under the new policy the State holds the roads as security
for the payment of interest and principal, and will derive from
$20,000 to $30,000 annual revenue from taxation of the lands
and property and income of the road.
Under the old it had to pay from $100,000 to $150,000 annual
interest, after donating all the State lands within six miles on
each side of the road, and both lands and road were exempt from
taxation.
The advantage to the State in a financial point of view,
therefore, is from $150,000 to $175,000 per annum, or sufficient
to pay an annual interest on a public debt of $2,500,000.
INSURANCE COMPANIES.
The experience of the past year, in the total failure of numer-
ous Northern insurance companies, has demonstrated, if demon-
stration was necessary, the wisdom of the law of the last session
requiring companies organized in other States and doing busi-
ness in this State to deposit bonds of this State with the Treas-
urer, as a guarantee of good faith and protection of our citizens
against loss in the event of bankruptcy. It is impossible for our
people to determine the soundness of these corporations, or to
protect themselves against imposition and fraud without requir-
ing some evidence of financial ability and some security within
reach.

39

These insurance companies draw from our State an annual ag-
gregate of over $100,000 in premiums, and yet they neither di-
rectly or indirectly contribute to the support of the government.
You have imposed no tax, and when you ask them to invest of
their capital $30,000 in State bonds, to be held as a slight guar-
antee against fraud and bankruptcy, they refuse, and immediately
combine to evade the law by employing brokers to secure poli-
cies instead of agents to issue them. Several of them palpably
violate the law through travelling agents with policies purport-
ing to be issued from Savannah or some contiguous territory.
But for efforts of citizens who have combined to keep down
the credit of the State for political and speculative purposes-
political andfinancial brokers-at least ten companies out of some
thirty who have been seeking business in the State, would have
promptly complied with the law, and made a market for $300,000
of ourbonds now under hypothecation for $120,000. By discred-
iting the bonds as fraudulently issued, and promising to secure
an immediate repeal of the law, the opponents of the government
have induced the companies, with a single exception, to adopt
the discreditable plan of evasion or violation of the law until
,their agents can secure the promised repeal.
One company alone has finally deposited bonds as required by
law, and thus commended itself to the confidence and patronage
of the people-The Piedmont and Arlington Life Insurance
Company, of Richmond, Va.; a company that in the three years
of its existence has issued a larger amount in policies and at a
smaller percentage of expense than any other of the old com-
panies of the North.
The public assertion so jauntily made, that the revenue policy
of the State, carefully framed for the security and protection of
our own citizens, can, at the demand of foreign insurance com-
panies, and by collusion with interested parties here, be varied
at pleasure, conveys an imputation upon the motives and pru-
dence of the Legislature, which, I trust, will be met as its inso-
lence deserves.
And there is no hardship imposed by the law.. Insurance
companies are everywhere and always required and expected to
invest their funds in reliable securities, and if the privilege of
doing business within the State is worth anything, then why

0n

40

should they not contribute to the resources of the State where
protection is sought ? If the business is worth nothing, then our
restriction is harmless.
Again, citizens of our own State are as competent to manage
successfully the insurance of our property as are citizens of other
States; and since our own citizens are compelled, in whatever
business they may engage, to aid in the support of the institu-
tions that protect them and their business, it should be no ob-
jection to the insurance law in question that it gives no prefer-
ence to the non-resident, non-tax-paying citizens of other States
over our own tax-paying fellow-citizens.
In this way alone can be effected that just and proper mutu-
ality and reciprocity that should always subsist between the pro-
tecting power and those who are protected.
I trust the wise provisions of the insurance law will remain
unimpaired, as an evidence of the self-protecting power and sta-
bility of our State legislation.
EDUCATION.
I invite your attention to the report of the Superintendent of
Public Instruction, which exhibits a most gratifying progress
in the public favor of popular education. All classes of our citi-
zens, regardless of political or social prejudices and preconceived
theories, appear to have united in the purpose of securing to all
the benefit of free schools, and cheerfully respond to the taxa-
tion necessary.
It is the experience of all communities that pauperism and
crime are lessened in proportion as education and cultivation
are encouraged and sustained.
Free schools and the education of the masses at the expense
of the property of the State is now generally accepted as pro-
motive of the highest interests of the property holders them-
selves. Therefore no enlightened community will deny the most
ample provision for schools.
So valuable an ally of peace and good government have free
schools become, and so important the education of the lower
classes to the interests of the community, that it is contemplated
in many of the States to adopt a system of compulsory education,
so that the ignorant poor may be compelled to accept its bene-
fits and thus relieve society of vice and crime.

41

I cannot too strongly commend this interest to your fostering'
care, nor too persistently urge the suggestions of our faithful Su-
perintendent.
During the year 1870 the gross attendance upon the schools was
only 7,500, but in 1871 it has been 14,000, giving an increased
attendance of 6,500, or near 100 per cent. The number of schools
in 1870 was reported at 250, but in 1871 they had increased to
331, giving an increase in the number of schools of more than
30 per cent., and this, too, in a year of extraordinary adversity
to our agricultural interests.
Let this or near this rate of improvement prevail, and Florida
will soon assume the station in educational progress desired by
her truest friends.
And when in addition to this we consider that the system of
free schools for allis an entire novelty in all the Southern States,
in view of the general approval given by all classes and all par-
ties to the operation of the system here, we may justly be en-
couraged. It is a matter of pride that while in all or nearly all
the other Southern States, the system has been resisted in the
destruction of school-houses and indignity and violence to teach-
ers, not an instance of the kind has yet occurred in Florida.
In this connection it is proper to invite special attention to the
economy of a system of general education through the instru-
mentality of schools, and seminaries, and universities, sustained
at the common expense. The economy is two-fold: In the first
place a given number of scholars may be educated to the same
extent in public schools, at less than one-half the expense at-
tending their instruction in private schools; and in the second
place, with the same expenditure, a better grade of instruction is
given in public than in private schools.
As in reference to other matters, so in education: what is
known to be true elsewhere may confidently, nay, certainly be
anticipated here. In all the Northern and Western States, where
the instruction of the young has long been considered the most
important duty of the State, and to be rendered attainable by
all, through the support of schools at the common expense, it is
easily susceptible of proof that in any State or community the
education of all the children in the public schools costs less than

42

one-half the expense of giving the same amount of education in
the most economical private schools.
Again, where the education of all is, by the prevalence of
the free school system, made the duty, as well as the privilege
of all, the personal interest of each being identical with that of
the whole, a more rigid supervision of the schools is exercised,
a better standard of qualification on the part of teachers is de-
manded and insisted upon, and, in fact, attained.
When Edward Everett was asked by an astonished friend
how he, as United States Senator, could send his son to the
public free schools of Boston, Mr. Everett replied: "Because
the free schools are the best schools in Boston." And any-
where throughout the United States, wherever free schools
have prevailed for a series of years, the public graded free
schools are, in every respect, the best schools known. So, in
time, it will be here.
And the economical and every way beneficial effects of a free
system of education are not confined to schools of a lower or
intermediate grade,but attach likewise to the higher seminaries
and colleges to an equal extent. And,'in accordance with this
well known principle, the Constitution of our State prescribes
a "liberal maintenance for a University" as well as for a
"uniform system of common schools" in which "instruction
shall be free."
Accordingly I feel it a duty as well as a pleasure once more to
call your attention to the wisdom and necessity of a generous
and liberal provision for the support of a University for the
higher instruction of all who may desire it. As the value of
the individual is measured by what he can accomplish, and as
his knowledge and skill alone can accurately indicate his capa-
city, so of a whole people: in proportion as the standard of
cultivation is raised and the scope of attainment is enlarged, so
is the general capacity to produce valuable results increased.
An elementary education is valuable, but a higher grade of cul-
tivation is proportionately necessary to the full and complete
development of a Republican citizenship.
The useless multiplication of colleges and universities has
been the educational bane of many of our sister States, and
several have retrieved their error only by consolidation, thus

43

diminishing the number and increasing the force of their higher
institutions.
The opportunity to profit by the experience of other States is
still open to us, and I earnestly commend to your consideration
the policy of combining the Agricultural College Fund, with
such other means as can be afforded, and devoting the whole to
the organization and support of a single strong State Agricultural
College, where thorough instruction shall be given not only
in classical, mathematical, and philosophical branches usually
taught in colleges, but also in mechanics, modern languages,
the physical sciences, and practical agriculture. Then we may
have a "State University worthy the name.

IMMIGRATION.

I again commend to your attention the subject of immigration,
as one of the highest importance to the present and future pros-
pects of the State. With an area that places her among the largest
in the Union, and known and partially settled many years prior
to the first occupation of the Western and Northwestern States
that have so rapidly developed into their present marvellous pro-
portions, Florida has, until very recently, lagged behind the
hindermost of the new, and even most of the old States, in that
material progress which has always resulted from a strong and
steady inflow of population and capital.
Knowing, as our people do, the powerful inducements to occu-
pation which are furnished by our genial climate, cheap lands,
ease of tillage, and great variety of certain and lucrative crops,
we cannot cease to wonder that these manifold attractions seem
so long to have been displayed in vain.
But, as is easily ascertained from the census, the rapid increase
"of our recent rate of progress, which has more than quadrupled
since the organization of the present government, seems conclu-
sively to indicate the wisdom and economy of the organization
of the Bureau of Immigration.
The total population of the State in 1860 was 140,123, and by
an enumeration made in 1867 it had increased, in seven years, to
153,659, which gives for these seven years an increase of 13,536,
or a little less than 2,000 as the annual increase. But, in the three
years since the organization of the Bureau, the gross increase

44

has been near 40,000, thus quadrupling the former rate of in-
crease.
This desirable result has been mainly caused by the number
and value of the many pamphlets issued in the interest of immi-
gration, and the vast and widely-distributed correspondence of
the Commissioner.
The demand for information is constant and increasing, and
the last pamphlet, now just published, will be furnished to the
Legislature, and will show the success with which this demand
is met. It is a useful book, and will prove of more value to the
State than several times the cost of the entire Bureau from its
organization.
A recent modification of the Constitution has consolidated the
two offices of Surveyor-General and Commissioner of Immigra-
tion, thus throwing the duties of two former departments upon
one officer, styled Commissioner of Lands and Immigration; and
although in the first six months of this new phase, perfect method
and system could hardly be anticipated, still I am confident the
change will vindicate itself as wise and economical.
I invite your attention to the annual report of the Commis-
sioner of Lands and Immigration, and particularly to the facts
and arguments adduced in illustration and vindication of the
policy of the present board of trustees of the Internal Improve-
ment Fund. It will be found to be a document well worthy of
attention.
FISHERIES.
In a former Message I called the attention of the Legislature to
the subject of the fisheries of this State; and I now again repeat
the suggestion. It has been remarked by some enthusiastic pis-
catorian that the waters of Florida even contained more wealth
than the land. It is certain that.no State in the Union has such
resources in this direction, and yet they afford no revenue to the
State.
Eleven hundred miles of sea-coast, prolific of oysters, fish, and
turtle almost beyond parallel, with bays and inlets, and inland
navigable waters of an equal extent, offer the richest induce-
ments to enterprise and capital, if properly protected by law.
Let these mines of wealth be divided into convenient districts,

45

and let to individuals or companies for stated periods, and with
protection sufficient to induce the systematic working of them,
and a revenue may be derived sufficient in a few years to pay the
entire expenses of the State government.
With the facilities of transportation now enjoyed, St. Andrews
Bay, Apalachicola, Cedar Keys, and Tampa Bay oysters may
soon be as celebrated in the markets of Savannah, Charleston, St.
Louis, and the cities of the interior, as the Saddle Rocks are
in New York; and instead of importing canned oysters and sar-
dines, and salt fish from the North, we may export hundreds of
thousands of dollars' worth annually, and successfully compete in
the markets of the North with the products of any other portion
of the world.
While such resources are suffered to lie dormant, the industrial
interests of the State must continue unjustly to bear the burdens
of government as heretofore. The sooner the representatives of
the people bring these latent resources into requisition, the sooner
will the people be relieved of taxation, and the State made pros-
perous and rich.
HIIOMESTEADS.

Art. IX., Sec. 1, provides that a homesteadto the extent of
one hundred and sixty acres of land, or the half of one acre
within the limits of any incorporated city or town, owned by
the head of a family residing in this State, together with one
thousand dollars' worth of personal property and the improve-
ments on the real estate, shall be exempted from forced sale un-
der any process of lao."
Notwithstanding this plain provision of the Constitution, offi-
cers of the law in numberless instances have levied upon the
household goods and possessions of poor families, and compelled
them to allow them to be sacrificed, or incur more expense for at-
torneys, and in defending their rights, than their whole property
was worth; and in one instance of a poor colored man, after
spending all his property was worth in defending his case in
court, the officer compelled him to pay his cost of levy before
he would cease his demand upon the property.
I recommend that a law be passed making it a misdemeanor
for an officer to seize and hold property thus exempted.

46

I also recommend that homesteads be granted to actual set-
tlers upon the State lands upon the same terms as now allowed
by the United States government.

SPECIAL ELECTIONS.

The law of 1868 provides that the Governor shall order special
elections to fill vacancies in the following cases:
1st. When there has been no choice at the general election.
2d. When the right of the person elected to hold the office
has ceased before the expiration of his term.
3d. Where a vacancy shall occur more than three months be-
fore the next general election by death, resignation, removal
or otherwise."
The election for Senator in the district composed of Taylor
and Lafayette having been declared invalid by the Senate and
a new election ordered, I proclaimed an election for that district
in March last, and Mr. Sutton was declared elected; but the sys-
tem of violence and intimidation which has resulted in the as-
sassination of the County Judge of Lafayette county, and Capt.
Whitfield and several other friends of the government in Tay-
lor county, precludes the idea of an unbiased and free choice
without the presence of a strong police force, which I could not
find means to organize.
Elections were ordered also to fill vacancies by death, resigna-
tion, and removal of members of Assembly in the counties of
Jackson, Calhoun, Columbia, Marion, and Sumter, to be held
on the 19th of December, and returns have been received from
all but Calhoun.
In the case of Marion county, the people and authorities of
the county represented that a member elected at the regular
election had removed from the county immediately after his
election and taken up his residence in another portion of the
State, and an election was demanded, which I accordingly or-
dered. I suppose it will not be denied that when a person vol-
untarily leaves his abode and takes up his residence in another
district he vacates his office, at least after having acquired a
residence in the new district. There being no personal or po-
litical issue involved, I hope a precedent may be established

47

upon proper principles. When one is compelled to abandon his
residence on account of violence and threatened injury, and seek
a temporary asylum outside his district, of course the case is
different.
LEGISLATIVE RECORDS.
I again invite you to provide a more stringent means of pro-
tecting the legislative records and papers from mutilation,
fraudulent endorsement, or surreptitious removal or destruc-
tion. It should be made a felony for an officer or member of
the Legislature, or any officer of the government to change,
suppress, mutilate, purloin, or in any manner contribute to de-
fraud the will of the majority. Clerks have been known to
alter bills in engrossing and enrolling; journals have failed to
give a correct record of proceedings; members hate removed
and suppressed bills during or on their passage, and after pas-
sage, before they could be signed by the presiding officers.
Bills after passage and enrollment have been found deposited,
months after adjournment, in the private desk of the secretary
of one of the bodies.
ROADS.

The road law now existing is found impracticable and almost
inoperative. It should be revised and rendered practical, so
that the county commissioners may have means to keep the
roads and bridges in repair.
LAW OF LIBEL.
Laws have been enacted to prohibit the carrying of concealed
weapons, but they are inoperative while men arc permitted to
assail private character and publish libels of the grossest kind
with no effective legal remedy or protection for the assailed.
When a man finds no adequate redress in the law for wrongs,
he is apt to resort to force and seek summary justice outside
and in violation of law.
In no State of the Union has such license been taken with
private character, and such base and malicious assaults been
indulged in by prominent men and by the press as have charac-
terized this State since the inauguration of Republican govern-
ment.

48

GRAND JURORS.

Either the grand jury system should be altogether abolished
and criminals arraigned directly before the magistrate or court,
or proper safeguards should be placed around it so as to prevent
its subversion to individual ends or malicious purposes, and thus
made an engine of oppression rather than a bulwark of protec-
tion.
In the United States District Court, the discretion given to
the District Attorney to apply or dispense with the test oath"
has placed it within the power of that individual, with the assist-
ance of the United States Marshal, to mould the grand jurors at
his will, and this power has been used to wrong and oppress
citizens of the State, innocent of crime, and cause enormous un-
necessary cost to the federal government.
In one of the circuits of this State, (the 2d,) also, I am ad-
vised, that, by overriding the law and imposing new tests not
nominated therein, the judge and attorney have taken control of
the selection of the grand jury, and in the same manner made it
subject to their own will.
The propriety or impropriety of the test does not affeci6the
case. It is the power to impose or dispense with it at will by
the attorney or the judge, after the venire has been made up, that
destroys the dignity, independence, and impartial character of
the jury, and renders it a vehicle for personal malice and injustice.
I do not know that further legislation is necessary or can be
made adequate to remove the difficulty; but if it cannot be cor-
rected, the Constitution should be amended and the grand jury
abolished altogether.
THE BOARD OF PARDONS,

Consisting of the Governor, Attorney-General, and judges of the
Supreme Court, or a majority of them, of which the Governor
was one, have granted, during the present year, six pardons of
convicts in the penitentiary, and one for murder.
This last was the case of Parker Durden, convicted at Pensa-
cola. The evidence in the case, as taken from the records and
laid before the board, showed a clear case of justifiable homicide,
and the board unanimously granted a pardon.

49

One death warrant, two reprieves for sixty days, and three
suspensions of fines have been granted by the Governor.
A list of these cases is appended, marked A.
SECRETARY OF STATE.
The records of the Secretary of State's office show that a large
amount of work has been done. 332 commissions have been
issued the past year, and 4,863 letters have been written; 94
resignations received and filed; 51 removals made, and 30 other
State papers issued, besides executing and recording the $350,00(
bonds ordered at last session, and distributing the laws, &c. A
tabular statement from this office is appended, marked B.
DISTRIBUTION OF LAWS AND REPORTS.

The present system of distribution of the laws and reports of the
Supreme Court is wasteful and extravagant. I recommend the
adoption of a law authorizing the sale at cost of the copies of the
Laws, the Digest, Code, and Supreme Court Reports; and when
such volumes are required by justices. of the peace and other
subordinate officers, let them pay for them when received, and if
they choose to return them at the expiration of their terms let
them receive the same pay back. This would save annually to
the Treasury several thousand dollars now wasted.
PRESIDENTIAL ELECTORS.
I am reminded by the report of the Attorney-General that
there is no law for the election of Presidential Electors, and as
the election takes place during the present year, the deficiency
should be supplied by a law authorizing such election at the time
of the general election in November.
STATE PENITENTIARY.
No institution has been more salutary in its benefits to so-
ciety than the State Penitentiary. It was opened under great
embarrassments, when crime was more prevalent from the results
of the war than ever before. The State had no buildings nor
money to erect them, still the courts convicted and sent up
scores of criminals. By favor of the War Department I ob-
tained the use of the abandoned arsenal and property at Chat-
4

50
tahoochee, which, since, has been granted to the State by Con-
gress.
This property is worth at least $50,000, and saves expenditure
when the State is least able to bear it.
I invite attention to the report of the Adjutant-General on
this subject, when it shall be laid before you. The condition of
the finances will not admit of an expenditure for cells and other
necessary appendages of a State prison at present, but as soon
as possible they should be provided for.
The cost of maintaining the prison has been nearly quadru-
pled by the payments in scrip instead of cash. An adoption of
the cash system will reduce the expenses $10,000 per annum.
I recommend that the Adjutant-General be constituted
warden of the State prison, without additional pay, and thus
dispense with the salary of warden, which will save over $2,000
per annum.
SOUTH FLORIDA RAILWAY.
In November last the Florida Railroad Company disposed of
its franchise to extend its road to Tampa and Charlotte Harbor
to a new company, who have undertaken to construct the road
to Ocala immediately, and from thence to Tampa early thereafter.
I have received advices from the State Engineer in Boston that
1,000 tons of iron are now being shipped, and will be in Fernan-
dina, with spikes, chairs, &c., sufficient for ten miles of the road,
during the present month.
The company has advised me of their purpose to avail them-
selves of the benefit of the law granting State aid as fast as they
proceed with the completion of the road, and we may reasonably
hope that within the year this important thoroughfare will be
opened to Tampa Bay.
The report of the Attorney-GeAeral, herewith submitted, con-
tains some valuable suggestions connected with the laws, to
which I invite your attention.
The report of the Adjutant-General has been delayed by the
non-receipt of the report of the warden of the penitentiary, and
by his absence in attendance upon the United States Court at
Jacksonville, but will be handed in, in a few days. It will be
found that the militia has been effectively organized in nearly

51
all the counties, and that the interests committed to his charge
are all faithfully administered.
The reports of the Treasurer and Comptroller are herewith
submitted. The latter exhibits an anomalous character-a State
officer whose sworn duty is to foster and sustain the financial
credit and honor of the State, openly arrayed against those in-
terests, and concealing the resources and advantages, while at-
tempting to magnify the indebtedness of the State. The car
of prosperity and progress may for a time be hindered and de-
layed by such efforts, but the vitality and energy of Republican
institutions will ultimately crowd it forward with crushing force
and ever accelerating speed over all such obstacles. In a few
years such persons will be as little at home amid the swelling
tide of prosperous development in Florida as was Rip Van Win-
kle, after his nap, in returning to "the Village of Falling
Waters."
In conclusion, gentlemen of the Legislature, allow me to ex-
press the hope that all your deliberations may be harmonious and
characterized by that lofty patriotism which should govern the-
representatives of a great State; that your session will be short,
economical, and effective in serving the best interests of the State ;
that all special legislation will be avoided, and such general
laws only will be enacted as the experience of the past has
shown to be necessary to the interests of the people; and in all
such, I pledge you the hearty co-operation of the Executive; and
I invoke on your councils the blessing of the Most High God,
to whom all must finally account for their stewardship.
HARRISON REED.

(APPENDIX A.)
PARDONS FOR 1871,

No. NAME. CRIME WHERE CONVICTED. WHEN CONVICTED. SENTENCE. WEE 1- TERMS.

1 George Morris. Fornication................. Gadsden county... Sp.Term C.C.1869 State Penitentiary. January 30,1871 Full pardon .....
2 Jack Robinson. Malicious mischief.......... Jefferson county... FallT'm C. C., 1870 State Penitentiary. March 20,1871.. Full pardon....
3 MackThomas.. Lascivious cohabitation..... efferson county... Fall T'm C. C., 1870 State Penitentiary. May 15, 1871... Full pardon .....
4 Richard Broxey Manslaughter............... Jefferson county... Fall T'm C. C., 1869 State Penitentiary. May 15, 1871.. Full pardon.........
5 Jas. A. Harvey Adultery....... ...........Orange county..... Fall T'm C.C., 1869 StatePent'y2 years June 2.1871.... Full pardon...........
6 JohnC. Rouse. Assault with intent to murder LaFayette county.. Sp. Term C. C., 1871 State Pent'y 2 years October 2, 1871 Paym't of fine and costs
7 ParkerDurden. Murder ....... ......... scambia county... Fall T'm C. C., 1871 Death ............. Nov'r 18, 1871. Full pardon............

DEATH WARRANTS FOR 1871.

NO. NAME. CRIME. O WH E I WHEN CONVICTED. SENTENCE. WA T I- W EN "
COMMITTED.SUED. CUTED

1 William C. Scott... Murder... Rosana Carlin and Duval county.. Sp. Term C. C., 1871 To be executed Oct.27,1871 Oct. 23, 1871Oct. 27, 1871.
two children. I2 18 O 2

REPRIEVES FOR 1871.

NO. NAME, I CRIME. WHERE CONVICTED. WHEN CONVICTED. WHEN REPEIEVED, TO WHAT TIME.

1 Jacob N. Driggers............ Cow stealing...... Manatee county............ Fall Term C. Court, 1871... November 10, 1871. January 9, 1872..
2 Richard croom.............False imprisonm't Jefferson county........ Fall Term C. Court, 1871... IDecember 8, 1871. February 5, 1872.

SUSPENSION OF FINES FOR 1871.

O.I NAME. CRIME. WHERE CONVICTED. WHEN CONVICTED. DATE OF SUSPENSION. TIME.

1 Austin Dison......... Assault withintent to kill.......... Leon county....... Fall Term C. C., 1870. January 2, 1871..... Until further orders
2 Israel Stephen........ Larceny............. ......Jefferson county... Spr'g Term C. C,, 1869. February 10, 1871.... Until further orders
3 Wellington Young..... Malicious mischief. .............. wannee county.. Fall Term C. C.. 1871.. October 27,1871...... Until further orders

53

(APPENDIX B.)

TABULAR STATEMENT exhibiting the number of commissions and
other official papers issued since the 1st day of January, 1871.

Cabinet....................... 3 Number of laws Florida, (Extra
Penitentiary.................... 1 session 1869,) issued to officers in
Judges Circuit Court............ 1 the State...................... 718
State Attorneys................. 6 Number of laws Florida, (Regular
Commissioners of DBeds......... 24 session 1870,) issued to officers
State Notaries Public............ 2 in the State.................... 1,094
Judges County Courts........... 17 Number of laws Florida, (Extra
Clerks of Circuit Courts......... 20 session 1870,) issued to officers
Sheriffs ......................... 20 in the State.................. 1,087
"Assessors of Taxes.............. 24 Number of laws Florida, (Regular
Collectors of Revenue........... 32 session 1871,) issued to officers
County Treasurers.............. 17 in the State.................. 723
Superintendents of Common Number of laws Florida, issued to
Schools ..................... 20 the different States and Territo-
County Surveyors.............. 6 ries bound volumes of 1869, '70,
Auctioneers.................... 18 '71............................ 60
Notaries Public................. 24 Codes of Procedure issued....... 60
County Commissioners......... 114 Number of copies of Thompson's
Justices of the Peace............ 69 Digest issued to officers in the
Commissioners of Pilotage....... 10 State.......................... 128
Inspectors of Ltimber............ 7 Number of copies of Codes of Pro-
Constables....................... 5 cedure issued to officers in the
Commissions, Extra.:........... 2 State......................... 729
Resignations ................... 94 Number of books received from
Removals.................... ... 51 other States as exchanges, for
Proclamations.................. 8 use of the State Library........ 273
Requisitions .................... -2 Number of laws of Florida 1868, on
Orders for arrest on Requisitions. 7 hand............... ....... 13
Pardons......................... 7 Number of laws of Florida, 1869,
Death Warrants ................ 1 on hand..................... 7
Reprieves...................... 2 Number of laws of Florida, (extra
Suspension of Fines............. 3 session 1869,) on hand......... 482
SLetters written from January, 1st Number of laws ofFlorida 1870 on
1870, to January, 1st 1872...... 4,863 hand......................... 106
Number of laws Florida, (session Number of laws of Florida, (extra
1868) issued to officers through- session 1870,) on hand......... 113
out the State................. 119 Numbei of laws of Florida, 1871,
Number of laws Florida, (Regular on hand.............. 477
session 1869,) issued to officers Thompson's Digest.............. 1
throughout the State.......... 61

54

On motion of Senator Billings, the joint meeting adjourned.
On motion of Mr. Osgood, the Assembly took a recess till 4
,o'clock, P. M.

FOUR O'CLOCK, P. M.

The Assembly resumed its session.
The following members answered to their names.:
Mr. Speaker, Messrs. Alien, Alexander, Armstrong, Butler,
Brown, Boyd, Cessna,. Chalker, Cruse, Crane, Clark, Coleman,
Campbell, Duke, Elijah, Frink, Gass, Gibson, Graham of Man-
atee, Graham of Leon, Green, Gillis, Hull, Hiers, Hendry of
Polk, Hendry of Taylor, Johnson, Jasper, Livingston, Logan,
McInnes, Mills, McRae, Neal of Jackson, Orman, Osgood,
Paine, Robinson, Sears, Scott, Stearns of Escambia, Thomp-
son, Wyatt, Wells, Wallace and Worthington-47.
A quorum present.
Mr. Brown offered the following resolution:
It being brought to the knowledge of this Assembly that the
flag staff on the top of the capitol building has been twice struck
with lightning, and the roof of the building damaged thereby:
Resolved, That the Adjutant General be directed to examine
into the extent of the damage sustained thereby, and also what
may be required to secure the building against such evils here-
after
"Which was read and adopted.
Mr. Boyd offered the following resolution:
Resolved, That the Secietary of State. be, and he is hereby
authorized and instructed to procure a suitable book for record-
ing the proceedings of this Assembly;
Which was read and adopted.
Mr. Gleason was allowed to introduce Concurrent Resolution
No. 1, suspending the cancellation of Greenback Scrip;
Which was read and adopted.
Mr. Cessna offered the following resolution:
Resolved, That a committee of five be appointed by the
Speaker to investigate the proceedings of the Board of Internal
Improvement in the sale of the Pensacola & Georgia and Talla-
hassee Railroads, and to examine the law with a view of ascer-
taining whether, under the circumstances, the Legislature has the
power to order a new sale;
Which was read and adopted.
Mr. Boyd offered the following resolution:

55

Resolved, That the Clerk have 500 copies of the Governor's
message and accompanying documents printed for the use of the
Assembly and several Departments;
Which was read and adopted.
The following bills were introduced without previous no-
tice :
By Mr. Johnson:
A bill to be entitled an act to facilitate cash payment of the
current expenses of the State government and the funding of rec-
ognized Comptroller's warrants and Treasurer's certificates;
Which was read by its title, and on motion referred to the
Committee on Finance and Taxation.
By Mr. Wallace:
A bill to be entitled an act to incorporate the Tallahassee and
Georgia Railroad and Steam Transportation Company, and to
perfect one of the public works of the State,
Was read first time by its title and ordered for a second read-
ing on to-morrow.
By Mr. Gleason:
A bill to be entitled an act for the relief of Sherman Conant
and Birch Gibson.
On motion, leave of absence was granted Mr. Cessna until
Tuesday morning.
On motion of Mr. Boyd, the Assembly adjourned till to-mor-
row morning ten o'clock.

--------

FRIDAY, January 5, 1872.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names :
Mr. Speaker, Messrs. Allen, Alexander, Armstrong, Brown,
Boyd, Chalker, Cruse, Crane, Clark, Coleman, Campbell, Duke,
Elijah, Frink, Gass, Gibson, Gleason, Graham of Manatee, Gra-
ham of Leon, Green, Gillis, Hull, Hiers, Hendry of Polk, Hendry
of Taylor, Johnson, Jasper, Livingston, Logan, McInnes, Mills,
McRae, Neal of Jackson, Orman, Osgood, Oliveros, Paine,
Rhodes, Robinson, Sears, Scott, Stearns of Escambia, Thomp-
son, Wyatt, Wells, Wallace and Worthington-46.
A quorum present.
Prayer by the Chaplain.

56

On motion of Mr. Gass, the reading of yesterday's journal
was dispensed with, and the journal corrected and approved.
Mr. Wyatt offered the following resolution:
Resolved, That the Adjutant General be authorized to en-
dorse an order from the Chief Clerk of this Assembly in favor
of each member for fifteen dollars worth of stationery;
Which was read, and on motion of Mr. Scott, laid on the ta-
ble.
Mr. Stearns offered the following resolution:
Resolved, That the Chief Clerk make report as soon as practi-
cable of all unfinished business remaining on his desk from last
session, and also that he ask for and obtain all bills sent from
this Assembly to the Senate not acted upon by the Senate ;
Which was read and adopted.
Mr. Wyatt offered the following resolution:
Resolved, That we' now proceed to the election of an Assist-
ant Sergeant-at-Arms;
Which was read, and on motion of Mr. Boyd, laid on the
table.
Mr. Elijah offered the following resolution:
WHEREAS, a vacancy still exists in the position of Assistant
Sergeant-at-arms for this Assembly; and whereas, the former
Assistant Sergeant-at-Arms has not as yet arrived to fill said po-
sition;
Therefore, be it resolved, That the position of Assistant Ser-
geant-at-arms, be declared vacant and the same be entirely dis-
pensed with during the present session;
Which was read, and on motion of Mr. Scott, laid on the
table.
Mr. Gleason offered the following resolution
Resolved, That one thousand copies of the Governor's mes-
sage be printed for the use of the Governor and Cabinet officers;
Which was read and adopted.
The following bills were introduced:
By Mr. Gleason:
A bill to be entitled an act to define the duties of the Com-
missioner of Lands and Immigration;
By Mr. Crane:
A bill to be entitled an act amendatory to an act to Regulate
Quarantine, approved July 19, 1869, and also an act entitled an
act for the collection of penalties for violation of Quarantine,
approved June 6, 1870;
By Mr. Gillis:

Bill No. 5 to be entitled an act to save small estates from
wasteful costs, and to facilitate the settlement thereof;
Bill No. 4 to be entitled an act to pay Jurors and State Wit-
nesses; also,
Bill No. 3 to be entitled an act concerning the limitations of
Civil Suits;
Which were received and placed among the orders of the day.
The following committee reports were received:
To the Hon. the Speaker of Assembly:
The Committee, to whom was referred Bill No. 1, being a
bill to facilitate the cash payment of the current expenses of the
State Government, and the funding of recognized Comptroller's
Warrants and Treasurer's Certificates, have examined the same
and recommend its passage. W. H. GLEASON, Chm'n.
CHARLES F. HIERS,
DANIEL M..McINNES,
J. W. JOHNSON.
Which was read and the bill placed among the orders of the
day.
To HoN. M. L. STEARNS,
Speaker of the Assembly:
Your committee to whom was referred the case of J. M.
Bridges from Suwannee county, beg leave to report, that the
evidence placed in the hands of the committee purports to be
copies from the returns of the different precincts, and have the
appearance of being regular, notwithstanding the discrepancy of
several previous returns.
The evidence that was placed in the hands of the committee,
showing that a large number of Republican ballots were wan-
tonly destroyed after they were deposited in the ballot box, has
been withdrawn from some mysterious cause.
Your committee therefore report favorable to the seating of
J. M. Bridges, and recommend that he be sworn in.
J. W. JOHNSON, Chm'n.
SAMUEL BOYD,
E. A. ALLEN,
G. WORTHINGTON.
Which was read, and on motion of Mr. Oliveros, was adopted,
and Mr. Bridges came forward and took the oath as member of
the Assembly.
A committee from the Senate appeared at the bar and inquired
of the Assembly by what right the Sergeant-at-Arms of the As-
sembly had certified a certain joint resolution to the Senate.
Mr. Boyd moved that a committee of three be appointed to
inform the Senate that the resolution was certified to by mistake

58

-by a breach of the rules-and that it was the duty only of the
Sergeant-at-Arms to transmit the same.
Mr. Osgood moved to lay the motion on the table;
"Which was agreed to.
A resolution relative to the Jacksonville, Pensacola & Mobile
Railroad, offered yesterday by Mr. Cessna, and made the special
order for 11 o'clock to-day, was taken up.
Mr. Osgood moved to postpone further consideration of the
resolution until next Tuesday;
Which was agreed to.

ORDERS OF THE DAY.
Assembly bill No. 1, to be entitled an act to facilitate cash pay-
ment of the current expenses of the State government, and the
funding of recognized Comptroller's warrants and Treasurer's
certificates,
"Was read the second time.
Mr. Johnson moved to waive the rule, and that the bill be
read the third time and put upon its passage;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Armstrong, Brown, Boyd, Cruse,'Crane, Cole-
man, Campbell, Frink, Gass, Gleason, Hull, Hiers, Johnson, Jas-
per, Livingston, Melnnes, Neal of Jackson, Osgood, Paine, Rob-
inson, Stearns of Escambia, Thompson, Wyatt, Wells and Wal-
"lace-25.
Nays-Messrs. Bridges, Chalker, Duke, Graham of Leon,
Green, Gillis, Hendry of Taylor, Mills, McRae, Orman, Olive-
ros, Rhodes, Sears, Scott and Worthington-15.
So the motion was lost.
Assembly bill No. 2, to be entitled an act amendatory to an
act to regulate quarantine, approved July 19, 1869; and also an
act entitled an act for the collection of penalties for violation of
quarantine, approved June 6, 1870,
Was read the first time and referred to the Committee on
Commerce and Navigation.
Assembly bill No. 4, to be entitled an act to define the duties
of the Commissioner of Land and Immigration,
Was read the first time and referred to the Judiciary Commit-
tee.
Assembly bill No. 6, to be entitled an act concerning the limi-
tations in civil suits,
Was read the first time and referred to the Judiciary Commit-
tee.
Assembly bill No. 7, to be entitled an act to pay Jurors and
State witnesses.
Was read the first time and referred to the Judicary Commit-
tee.

59

Assembly bill No. 8, a bill to be entitled an act to save small
-estates from wasteful costs, and to facilitate the settlement
thereof,
"Was read the first time and referred to the Judiciary Commit-
tee.
Assembly bill No. 3, to be entitled an act for the relief of
Sherman Conant and Birch Gibson,
Was read the first time and referred to the Judiciary Commit-
tee.
Assembly bill No 2, to be entitled an act to incorporate the
Tallahassee and Georgia Railroad and Steam Transportation
Company, and to perfect one of the public works of the State,
Was read the second time and referred to the Committee on
Railroads.
Mr. Wallace moved to adjourn till Monday morning ten
o'clock;
Which was not agreed to.
On motion of Mr. Boyd, the Assembly adjourned till to-mor-
row morning ten o'clock.

---o----

SATURDAY, January 6, 1872.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker. Messrs. Allen, Alexander, Armstrong, Butler,
Brown, Boyd, Bridges, Chalker, Crane, Clark, Coleman, Camp-
bell, Duke, Elijah, Frink, Gass, Gibson, Graham of Manatee,
Graham of Leon, Green, Gillis, Hull, Hiers, Hendrv of Polk,
Hendry of Taylor, Johnson, Jasper, Livingston, Logan, McInnes,
Mills, MeRae, Neal of Jackson, Orman, Osgood, Oliveros,
Paine, Rhodes, Sears, Scott, Thompson, Wyatt, Wells, and
Worthington-45.
A quorum present.
On motion of Mr. Wyatt, the reading of yesterday's journal
was dispensed with and the journal approved.
Mr. Orman presented the credentials of Jackson N. Richards
of Calhoun county;
Which were read.
Mr. Scott moved to refer to the Committee on Privileges and
Elections ;
Which was not agreed to.

60

On motion of Mr. Graham, of Manatee, Mr. Richards came
forward and took the oath as member of Assembly.
Mr. Gass moved to adjourn until Monday morning 10 o'clock,
Which was not agreed to.
The following committees were announced by the Speaker:
To draft resolutions commemorative of deceased members of
the Assembly: Messrs. Boyd, Gleason, Graham of Manatee, Hull
and Paine.
To investigate proceedings of the Board of Internal Improve-
ment in the sale of the Pensacola and Georgia and Tallahassee
Railroads: Messrs. Cessna, Duke, Gillis, Johnson and Osgood.
Mr. Johnson offered the following resolution:
Resolved, That a committee of three be appointed to call upon
the Treasurer and Comptroller for the purpose of investigating
the acts of F. E. Little, late Collector of Duval county, and other
collectors who have failed to settle with the State, and that the
committee be directed to report without delay;
"Which was read.
Mr. Scott moved to amend by striking out the name of" F.
E. Little;"
Upon which the yeas and nays were called for and were:
Yeas-Messrs. Armstrong, Brown, Boyd, Cruse, Crane, Cole,
man, Elijah, Gass, Gleason, Graham of Leon, Gillis, Jasper, Lo-
gan, McInnes, Osgood, Paine, Robinson, Sears, Scott, Wyatt-
"Wells and Wallace-22.
Nays-Messrs. Allen, Alexander, Bridges, Clark, Campbell,
Duke, Frink, Graham of Manatee, Green, Hiers, Hendry of Polk,
Hendry of Taylor, Johnson, Mills, McRae, Neal of Jackson, Or-
man, Oliveros, Richards and Worthington-20.
So the motion to strike out prevailed, and the resolution aS
amended was adopted, and Messrs. Johnson, Hiers, Livingston,
Rhodes and Stearns, of Escambia, were appointed said commit-
tee.
Mr. Wallace offered the following resolution:
Resolved, That the committee appointed at our last session to
investigate the acts of the J. P. & M. Railroad, be enlarged to
seven, and that the committee is hereby 'instructed to report as
soon as practicable;
Which was read.
On motion of Mr. Osgood, the resolution was laid on the table.
The following bills were introduced:
By Mr. Scott:
A bill to be entitled an act to provide for the Punishment of
Offenders against the purity of Elections;
By Mr. Sears:

A bill to be entitled an act relating to Jurors and Witnesses
in the Circuit Courts.
By Mr. Wyatt:
A bill to be entitled an act for the Relief of the Clerks in the
Comptroller's and Secretary of State's offices;
By Mr. Thompson:
A bill to be entitled an act to compel the erection of Lawful
Fences.
By Mr. Gillis:
A bill to be entitled an act to Tax on Conviction of Misde-
meanor in the County Court against the defendant five dollars
for County Solicitor.
A bill to be entitled an act to amend section 6 of an act to or-
ganize the County Courts of the several counties of the State,
and to prescribe the mode of practice of said courts, approved
August 4, 1868, and providing jurors for said courts:
A bill to be entitled an act to amend sections 16 and 38 of an
act to establish a uniform system of Common Schools and a Uni-
versity, approved January 30, 1869, thereby reducing public
expenses; also,
A bill to be entitled an act to give to the wife the same inter-
est in her husband's estate as the husband would take in his
wife's estate;
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 bill
as correctly engrossed, viz:
An act to facilitate the cash payment of the current expenses
of the State government and the funding of recognized Comp-
troller's warrants and Treasurer's certificates.
C. GILLIS, Chairman.
D. L. CAMPBELL,
WM. McRAE,
JOHN W. WYATT.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Gleason from the Joint Committee on Equalization, made
the following report:
To the Hon. M. L. STEARNS,
Speaker of the Assembly:
The Committee of Equalization in accordance with the pro-
visions of section 3, being an act to Equalize Taxation, approved
January 27, 1871, make the following report as the result of their

62

labors, having filed a duplicate of the copy of their proceedings,
with the Comptroller as provided by law.
W. H. GLEASON, Chairman.

COUNTIES. 0

-4' -4 -14 P-4 El o5
"0 0 P4

Alachua....... 405,055 $3.78 1,05,606 189,943 542,675 1,758,224
Bradford....... 221,543 1.88 407,487 7,965 277,995 693,447
Baker,.......... 173,087 1.05 233,132 1,000 84,599 318,732
Brevard,........ 630,37 50 31,519 .......... ........... 31,519
Calhoun....... 221 1.00 26,41 ......... 61,937 88,358
Clay........... 158,944 1.80 286,180 19,895 103,236 409,311
Columbia,...... 04,349 2.76 839,586 190,504 464,335 1,494,425
Duval,.......... 345,444 8.16 1,092,806 1,689,454 761,404 3,543,664
Dade .......... 35,375 60 21,225 .......... 7,350 28,575.
Escambia,...... 197,916 8.21 1,624,305 687,256 512,740 2,824,101
Franklin........ 809,768 11 33,962 106,204 91,476 231,642
Gadsden,........ 284703 3.55 1,008,834 156,200 493,848 1,658,882
Hillsborough, .. .29,616 1.83 54,091 76,45 239,23 369,866
Hernando,...... 103,405 1.83 188,926 8,285 266,06 463,517
Holmes,......... 31,753 1.21 38.541 430 73,805 112,77&
Hamilton,...... 168572 3.22 552,960 6,300 335,770 895,030
Jackson........ 473,10 .77 1,12130 153,220 526,640 1,801,190
Jefferson, ...... 39,051 6.1 1,483,697 167,883 753,302 2,404,882
Levy........... 293622 1.58 465,472 9,443 212,704 770,619
Leon, .......... 291,345 6.16 1,793,677 546,675 945,623 3,285,795
Liberty,......... 434,616 55 238,67 .......... 65,741 304,413
Lafayette, ... 3,098 1.48 93,370 756 133,087 227,213
Marion, ....... 01,34 .64 796,948 68,200 539,489 1,404,637
Monroe........ 1,917 15.08 28,915 560,645 .489,196 1,078,756
Madison,........ 83,085 4.52 1,79,575 64,278 446,256 1,790,109
Manatee,........ 16,035 1.07 17,104 580 393,648 411,332
Nassau,......... 31,868 1.10 255,889 359,102 264,997 879,988
Orange,....... 87,340 2.18 190,040 6,360 212,365 308,765
Polk........... 15117 .05 31,051 3355 303,489 337,895
Putnam......... 18,642 2.10 270,148 151697 256,663 678,508
Suwannee,...... 153,169 2.68 401,386 55,919 207,908 674,203
Sumter......... 46,453 2.78 129,346 1,650 217,626 683,532,
Santa Rosa.... 73,44 .16 158,918 80,426 473,760 713,104
St. Johns,...... 116,697 1.09 126,813 413,100 154,470 694,383
Taylor ........ 54,641 1.53 84,599 937 94,325 179,861
Volusia........ 134,469 1.10 146,889 990 158,195 306,074
Walton........ 1,00 1.91 59,165 1070 200,844 261,070
Waklla....... 00,761 78 133620 3641 131,319 268,580
Washington,.... 27,013 .31 6,336 1,15 223,125 286,586
TOTAL,.... 656,817 .60 16,843,6546 5,873,940 11,781,571 34,673,753

We, the undersigned, a Joint Committee, appointed by the
President of the Senate and the Speaker of the Assembly, as a
Board of State Equalization, under the provisions of Section 3
of" An Act entitled an act to Equalize Taxation," approved
January 27, 1871, do hereby certify that the foregoing is the
equalized value of the Real Estate as equalized by this Board,

63

and the relative value of the Real Estate of the different counties
in this State as by us so determined.
"Witness our hands this, the 2d day of February, A. D. 1871.
W. H. GLEASON,
LIBERTY BILLINGS,
JOSEPH BROWN,
CALVIN GILLIS,
ALFRED B. OSGOOD,
W. J. PURMAN.
Which was read.
Mr. Gleason from the Committee on the Judiciary made the
following report:
To the Hon. M. L. STEARNS, Speaker of the Assembly:
The Judiciary Committee to whom was referred sundry bills,
report back bill No. 4, with the following amendment: Strike
out the word is in next to last line of section 2, and insert
" which would have been legal if performed by the Register of
Public Lands, Surveyor General or Commissioner of Immigra-
tion." Also bill No. 8, without amendments, and recommend
their passage.
W. H. GLEASON,
E- M. GRAHAM,
C. GILLIS,
JNO. WALLACE.
Which was read and the accompanying bills placed among the
orders of the day.
Under a suspension of the rules, Mr. Johnson offered the fol-
lowing:
Resolved by the Assembly, the Senate concurring, that the
report of the Committee on Equalization be adopted.
Which was read.
ORDERS OF THE DAY.
Assembly bill No. 1, to be entitled an act to facilitate the cash
payment of the current expenses of the State government, and
the funding of recognized Comptroller's warrants and Treasu-
rer's certificates,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Messrs. Armstrong, Butler, Boyd, Bridges, Cruse,
Coleman, Elijah, Gass, Gibson, Gleason, Graham of Manatee,
Graham of Leon, Green, Gillis, Hull, Hiers, Hendry of Polk,
Hendry of Taylor, Johnson, Jasper, Livingston, Logan, McInnes,
Mills, McRae, Neal of Jackson, Orman, Osgood, Paine, Rich-
ards, Robinson, Sears, Scott, Stearns of Escambia, Thompson,
Wyatt, Wells and Wallace-38.

64

Nays-Messrs. Allen, Alexander, Brown, Clark, Campbell,
Frink, Oliveros, Rhodes and Worthington-9.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Assembly No. 11, a bill to be entitled an act to give to the
wife the same interest in her husband's estate as the husband
would take in his wife's estate,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 9, to be entitled an act to amend section 6
of an act to organize the County Courts of the several counties
of the State, and to prescribe the mode of practice of said courts,
approved August 4, 1868, and providing jurors for said courts,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 4, to be entitled an act to define the duties
of the Commissioner of Lands and Immigration,
Was read, amendments offered by the committee adopted
and ordered to be printed.
Assembly bill No. 15, to be entitled an act to compel the erec-
tion of lawful fences,
Was read the first time and referred to the Committee on Ag-
riculture.
Assembly bill No. 14, to be entitled an act for the relief of the
clerks in the'Comptroller's and Secretary of State's offices,
Was read the first time and placed among the orders of the
day for Monday.
Assembly bill No. 12, to be entitled an act to tax, on convic-
tion of misdemeanor in the County Courts, against the defend-
ant, five dollars for County Solicitor,
Was read the first time and referred to the Judiciary Commit-
tee.
Assembly bill No. 13, to be entitled an act relative to jurors
and witnesses in the Circuit Courts,
Was read the first time and referred to the Committee on Fi-
nance and Taxation.
Assembly bill No. 10, to be entitled an act to amend Section
16 and 38 of an act to establish a uniform system of common
schools and a university, approved January 30, 1869, thereby
reducing public expenses,
Was read the first time and referred to the Committee on Edu-
cation.
SAssemb!y bill No. 16, to be entitled an act to provide for the
punishment of offenders against the purity of elections,
Was read the first time and referred to the Judiciary Commit-
tee.
On motion of Mr. Osgood, the Assembly adjourned till Mon-
day morning, ten o'clock.

65

MONDAY, January 8, 1872.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Allen, Alexander, Butler, Brown,
Chalker, Cruse, Crane, Clark, Campbell, Duke, Elijah, Frink,
Gass, Gibson, Graham of Leon, Green, Gillis, Hull, Hiers, Jasper,
Livingston, Logan, McInnes, Mills, McRae, Neal of Jackson,
Orman, Oliveros, Paine, Rhodes, Richards, Robinson, Sears,
Scott, Stearns of Escambia, Thompson, Wyatt, Wells, Wallace
and Worthington-41.
A quorum present.
Prayer by the Chaplain.
On motion, the reading of Saturday's journal was dispensed
with, corrected and approved.
The Speaker announced the following Standing Committees:

STANDING COMMITTEES OF THE ASSEMBLY.

Judiciary Committee:
Mr. GLEASON, Chairman.
Messrs. GILLIS, GRAHAM of Manatee,
IIIERS, BOYD.
Privilege and Election:
Mr. CESSNA, Chairman.
Messrs. JASPER, WYATT,
ALLEN, WORTHINGTON.
Railroads :
Mr. JOHNSON, Chairman.
Messrs. RHODES, BROWN,
WALLACE, BUTLER.
Indian Afairs:
Mr. CRANE, Chairman.
Messrs. OLIVEROS, GASS,
LOGAN, 'ALLEN.
Engrossed Bills :
Mr. GRAHAM of Manatee, Chairman.
Messrs. CAMPBELL, STEARNS of Escambia,
WYATT, NEAL of Jackson.
5

66

Enrolled Bills:
Mr. GILLIS, Chairman.
Messrs. RHODES, OLIVEROS,
ARMSTRONG, WALLACE.
Finance and Tahation:
Mr. GLEASON, Chairman.
Messrs. HIERS, BROWN,
LIVINGSTON, JOHNSON.
Incorporation :
Mr. OSGOOD, Chairman.
Messrs. CHALKER, ALEXANDER,
ROBINSON, PAINE.
7Militia :
Mr. BUTLER, Chairman.
Messrs. McRAE, HULL,
LIVINGSTON, GIBSON.
Legislative Expenses:
Mr. GILLIS, Chairman.
Messrs. CLARK, CRUSE,
BRIDGES, ARMSTRONG.
Public Printing :
Mr. CESSNA, Chairman.
Messrs. ALEXANDER, JASPER,
CLARK, ELIJAH.
State Institutions:
Mr. STEARNS of Escambia, Chairman.
Messrs. FRINK, GASS,
SEARS, DUKE.
Agriculture:
Mr. NEAL of Jackson, Chairman.
Messrs. MILLS, WELLS,
THOMPSON, HENDRY of Taylor.
Claims :
Mr. SEARS, Chairman.
Messrs. GREEN, COLEMAN,
DUKE, LOGAN.

67

Commerce and Navigation :
Mr. BOYD, Chairman.
Messrs. ORMAN, CRANE,
ELIJAH, HENDRY of Polk.
City and County Organization:
Mr. SCOTT, Chairman.
Messrs. BRIDGES, GRAHAM of Leon,
RICHARDS, JOHNSON.
Education :
Mr. PAINE, Chairman.
Messrs. HENDRY of Polk, ORMAN,
COLEMAN, ROBINSON.
Public Lands :
Mr. McINNES, Chairman.
Messrs. MILLS, GIBSON,
FRINK, BUTLER.
Fisheries:
Mr. GLEASON, Chairman.
Messrs. ORMAN, BOYD,
SCOTT, CAMPBELL.
Mr. Wallace moved that the resolution in regard to enlarging
the committee, appointed at the last session,,pertaining to the J.
P. &. M. R. R., be taken up from the table;
Which was agreed to.
Mr. Osgood moved to postpone further action on the resolu-
tion till to-morrow, 3 o'clock, p. m.;
Which was agreed to.
Mr. Mills offered a memorial relative to increasing the mail
service from Mellonville to Orlando;
Which was read and adopted.
Mr, Brown offered a joint resolution relative to appointing a
committee to visit the State Prison;
Which was read and adopted.
Mr. Gleason moved that the chairmen of committees, where
changes have been made, be requested to turn over to the pres-
ent chairmen all papers in their possession;
Which was agreed to.
On motion of Mr. Osgood, 100 copies of the Standing Com-
mittees were ordered to be printed for the use of the Assem-
bly.

68

Mr. Gleason offered the following resolution:
Resolved, That a Committee on Fisheries be made one of the
Standing Committees of this Assembly;
Which was read and adopted, and the following committee
appointed :
Messrs. Gleason, Orman, Scott, Boyd and Campbell.
The following bills were introduced :
By Mr. Jasper :
A bill to be entitled an act to allow Hugh E. Miller, a minor,*
to practice law in the several courts of this State.
By Mr. Stearns of Escambia:
A bill to be entitled an act to alter and amend an act fixing
;the pay of members and officers of tht General Assembly.
By Mr. Gillis :
A bill to be entitled an act to authorize Sheriffs, Coroners,
Constables, Town and City Marshals to arrest for felony on
strong and sufficient grounds of suspicion in case of escape.
A bill to be entitled an act to simplify the mode and manner
of acknowledging and proving the execution of deeds of convey-
:ance, releases, mortgages, powers of attorney, relinquishments
*of writing relating to real estate, and to provide for the record-
ing thereof.
A bill be entitled an act for the adoption of children.
By Mr. Johnson:
A bill to be entitled an act to amend Chapter 1,760 of the ses-
sion laws of A. D. 1870.
By Mr. Gleason:
A bill to be entitled an act to authorize corporations to change
their names, consolidate their capital stock, and to merge their
corporate powers.
Which were received and placed among the orders of the day.

ORDERS OF THE DAY.

Assembly bill No. 14, to be entitled an act for the Relief of
the Clerks in the Comptroller's and Secretary of State's offices,
Was read the second time, and on motion of Mr. Gleason, in-
definitely postponed.
Assembly bill No. 17, to be entitled an act for the Adoption of
Children,
Was read thefirst time and referred to the Judiciary Commit-
tee.
Assembly bill No. 18, to be entitled an act to Simplify the
mode and manner of acknowledging and proving the Execution
of Deeds, Mortgages, Powers of Attorney, Relinquishments,
and other Instruments of Writing relating to Real Estate and
to provide for the recording thereof,

69

Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 19, to be entitled an act to authorize Sher-
ffs, Coroners, Constables, Town and City Marshals, to arrest
for felony on strong and sufficient grounds of suspicion in case
of escape,
"Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 20, to be entitled an act to allow Hugh E.
Miller, a Minor, to practice Law in the several Courts of this
State,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 21, to be entitled an act to alter and amend
an act fixing the pay of Members and Officers of the General
Assembly,
Was read the first time and referred to the Committee on
Legislative Expenses.
Assembly bill No. 22, to be entitled an act to amend Chapter
1,760 of the Session Laws,
Was read the first time and referred to the Committee on
Education.
Assembly bill No. 23, to be entitled an act to authorize cor-
porations to change their names, consolidate their Capital Stock
and merge their Corporate Powers,
Was read the first time and referred to the Committee on
Corporations.
On motion the Assembly adjourned until to-morrow morning
ten o'clock.

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

TUESDAY, January 9, 1872.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Allen, Alexander, Armstrong, Butler,
Brown, Boyd, Bridges, Chalker, Cruse, Coleman, Campbell,
Duke, Elijah, Frink, Gibson, Gleason, Graham of Manatee,
Graham of Leon, Green, Gillis, Hull, Hiers, Hendry of Polk,
Hendry of Taylor, Johnson, Jasper, Livingston, Logan, McInnes,
McRae, Neal of Jackson, Orman, Osgood, Oliveros, Paine,

70

Rhodes, Richards, Robinson, Sears, Scott, Stearns of Escambia,
Thompson, Wyatt, Wallace and Worthington-45.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Wyatt, the reading of yesterday's journal
was dispensed with, and, on motion of Mr. Osgood, approved.
Mr. Stearns, of Escambia, offered the following concurrent
resolution:
Whereas, It is desirable that the Board of State Equalization
make report to the Senate and Assembly before adjournment,
that action may be taken upon the same at this session; therefore,
Resolved, the Senate concurring, that the Joint Committee on
.State Equalization. are instructed to perform their duties as a
Board of Equalization of the value of real estate of the different
*counties of the State, and report their action to the Senate and
Assembly on or before the 22d inst.
Which was read and adopted.
Mr. Johnson offered the following resolution:
Resolved, That the committee appointed to investigate the
accounts of tax-collectors are directed to report-
1st, The names of all defaulting tax-collectors from Jan. 1,
1866, to January 1, 1871, with amounts due the State from
each;
2d, Ascertain whether the Comptroller has complied with the
law in furnishing the District Attorney of each Judicial District
of this State with the names of defaulting tax-collectors and the
amounts due from each;
3d, And if these reports have been furnished the District At-
torneys, why they have not proceeded against the defaulting tax-
collectors and their bondsmen;
Which was read and adopted.
The following bills were introduced :
By Mr. Gillis:
A bill to be entitled an act to require county treasurers to keep
accurate accounts of public moneys, and to exhibit their
books and copies thereof annually to the Boards of County Com-
missioners, and to Grand Juries.
A bill to be entitled an act for the payment of costs by the
counties in criminal prosecutions and payment of contingent ex-
penses of the Circuit Courts now provided.
By Mr. Sears:
A bill to be entitled an act for the relief of of David R.
Townsend, County Judge of LaFayette county, and all other
County Judges similarly situated.
By Mr. Stearns of Escambia:
A bill to be entitled an act to alter and amend Sections 12, 13

and 14 of an act approved August 6, 1868, entitled an act to
provide for organizing and disciplining the militia of the State.
Which were received and placed among the orders of the
day.
"The following committee report was received :
Hon. M. L. STEARNS, Speaker of Assembly:
SI : The Committee on Judiciary have examined the follow-
ing Assembly bills, and report the same back to the Assembly
with a recommendation that the same do pass, to-wit:
Assembly bill No. 9, to be entitled an act to amend Section
6 of an act to organize the County Courts of the several counties
of the State, and to prescribe the mode of practice of said courts,
approved August 4, 1868, and providing jurors for said courts.
Assembly bill No. 17, to be entitled an act for the adoption of
children.
Assembly bill No. 18, to be entitled an act to simplify the
mode and manner of acknowledging and proving the execution
of deeds of conveyance, releases, mortgages, powers of attorney,
relinquishments and other instruments of writing relating to real
estate, and to provide for the recording thereof.
Assembly bill No. 19, to be entitled an act to authorize Sher-
iffs, Coroners, Constables, Town and City Marshals to arrest for
felony on strong and sufficient grounds of suspicion in case of
escape. W. H. GLEASON, Chairman.
CHARLES F. HIERS,
C. GILLIS,
E. M. GRAHAM,
SAMUEL BOYD.
Which was read and the bills placed among the orders of the
day.
The following message was received from the Senate:
SENATE CIIAMBER,
January 9, 1872.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sm: I am directed to inform the Assembly that the Senate
has passed Senate concurrent resolution No. 1, relative to ad-
journment. Very respectfully,
JOHN F. BARTHOLF,
Acting Secretary of Senate.
Which was read and the resolution placed among the orders
of the day.
ORDERS OF THE DAY.
Mr. Cessna's resolution relative to the J. P. & M. Railroad
Company made the special order for to-day, 11 o'clock, A. M.,
Was taken up and read, and, on motion of Mr. Scott, referred

72

to the Special Committee appointed last session to investigate
the acts and doings of said road.
Assembly bill No. 17, to be entitled an act for the Adoption
of Children,
Was read the second time, and ordered engrossed for a third
reading on to-morrow.
On motion, Mr. Neal of Jackson was excused from attend-
ance on the Assembly until to-morrow.
Assembly bill No. 9, to be entitled an act to amend Section 6
of an act to organize the County Courts of the several counties
of the State, and to prescribe the mode of practice of said courts,
approved August 4, 1868, and providing Jurors for said courts,
Was read the second time and ordered to be engrossed.
Assembly bill No. 18, to be entitled an act to Simplify the
mode and manner of acknowledging and proving the execution
of Deeds of Conveyance, Releases, Mortgages, Powers of Attor-
ney, Relinquishments, and other Instruments of Writing, rela-
ting to Real Estate and to provide for the recording thereof,
Was read the second time and ordered engrossed.
Assembly bill No. 19, to be entitled an act to authorize Sher-
iffs, Coroners, Constables, Town and City Marshals, to arrest
for felony on strong and sufficient grounds of suspicion in case
of escape,
Was read the second time, and ordered engrossed for a third
reading on to-morrow.
Assembly bill No. 8, to be entitled an act to save small estates
from wasteful costs and to facilitate the settlements thereof,
Was read the second time, and ordered engrossed for a third
reading on to-morrow.
Assembly bill No. 4, to be entitled an act to define the duties
of the Commissioner of Land and Immigration,
Was read the second time.
Mr. Armstrong moved to postpone further action on the bill
until next Tuesday week, 10 o'clock, A. M.;
Which was not agreed to.
On motion of Mr. Gleason, the bill was ordered engrossed for
a third reading on to-morrow.
Mr. Osgood moved that bills on their first reading be read by
title and referred to their appropriate committees;
Which was not agreed to.
Assembly bill No. 24, to be entitled an act to alter and amend
Sections 12, 13 and 14 of an act approved August 6, ,1868, en-
titled an act to provide for organizing and disciplining the Mili-
tia of the State,
Was read the first time and referred to Committee on Militia.
Assembly bill No. 25, to be entitled an an act for the relief of
David R. Townsend, County Judge of Lafayette county, and all
other County Judges similarly situated,

'73

Was read the first time and referred to the Committee on
Claims.
Assembly bill No. 26, to be entitled an act for the payment of
costs by the counties in Criminal Prosecutions and payment of
Contingent Expenses of the Circuit Courts now provided,
"Was read the first time and referred to the Committee on Fi-
nance and Taxation.
Assembly bill No. 27, to be entitled an act to require County
Treasurers to keep accurate accounts of public monies, and to
exhibit their books and copies thereof annually to the Boards of
County Commissioners and to Grand Juries,
"Was read the first time and referred to the Committee on
Finance and Taxation.
"Under a suspension of the rules, the following committee re-
port was received:
Hon. M. L. STEARNS, Speaker of the Assembly:
SIR: The committee to whom was referred Assembly bill No.
23, to be entitled an act to authorize Corporations to change
their Names, consolidate their Capital Stock and merge their
Corporate Powers, have had the same under consideration and
recommend its passage. A. B. OSGOOD, Chm'n.
A. H. ALEXANDER,
JAS. D. CHALKER,
JAMES PAINE, SR.
Which was read and the bill read the second time and ordered
to be engrossed.
Under a suspension of the rules, Mr. Johnson offered the fol-
lowing resolution:
Resolved by the Assembly, the Senate concurring, That the
report of the Committee on Equalization for the year 1871 be
adopted and approved;
Which was read and adopted.
The rules being unanimously waived, Mr. Osgood offered the
following resolution :
Whereas, There now exists two vacancies on the Board of
Equalization of the taxes of the State, by Messrs. McLean, de-
ceased, and A. B. Osgood, resigned; therefore,
Resolved, That the Speaker fill said vacancies by the appoint-
ment of two other members on said committee;
Which was read and adopted.
Senate Concurrent Resolution relative to adjournment,
Was read.
Mr. Scott moved to postpone further action on the resolution
until 27th inst.;
Which was not agreed to.

74

On motion of Mr. Gleason, the resolution was placed among
the orders of the day for to-morrow.
Mr. Butler moved to adjourn until to-morrow morning, ten
o'clock;
Which was not agreed to.
Mr. Boyd offered the following resolution:
Resolved, That the committee appointed at last session to in-
vestigate the acts and doings of the J., P. & M. Railroad, be en-
larged to seven and that they be instructed to report as soon as
practicable ;
"Which was read and adopted.
On motion, the Assembly adjourned until ten o'clock, to-mor-
row morning.

-o0

WEDNESDAY, January 10, 1872.
The Assembly met pursuant to adjournment.
The roll being called the following members answered to their
names:
Mr. Speaker, Messrs. Allen, Alexander, Armstrong, Brown,
Boyd, Bridges, Chalker, Clark, Coleman, Campbell, Duke, Eli-
jah, Frink, Gass, Gibson, Gleason, Graham of Manatee, Graham
of Leon, Green, Gillis, Hull, Hiers, Hendry of Polk, Hendry of
Taylor, Johnson, Jasper, Livingston, Logan, McInnes, Mills,
McRae, Neal of Jackson, Neal of Liberty, Orman, Osgood, Oli-
veros, Paine, Rhodes, Richards, Robinson, Sears, Scott, Stearns
of Escambia, Thompson, Wyatt, Wells, Wallace and Worthing-
ton-49.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Elijah, the reading of yesterday's journal
was dispensed with, and the journal corrected and approved.
The speaker announced a communication from D. S. Walker.
Mr. Oliveros moved that the communication be received and
spread upon the journal;
Upon which the yeas and nays being called, the vote was:
Yeas-Messrs. Allen, Alexander, Butler, Brown, Bridges,
Chalker, Clark, Campbell, Duke, Frink, Graham of Manatee,
Green, Hiers, Hendry of Polk, Hendry of Taylor, Mills, McRae,
Neal of Liberty, Orman, Oliveros, Richards and Worthing-
ton-22.

75

Nays-Messrs. Armstrong, Boyd, Cessna, Cruse, Crane, Cole-
man, Elijah, Gass, Gibson, Gleason, Graham of Leon, Johnson,
Jasper, Livingston, Logan, McIness, Osgood, Paine, Robinson,
Sears, Scott, Stearns of Escambia, Thompson, Wells and Wal-
lace-25.
So the motion was lost.
The following communication was received:
ASSEMBLY HALL, January 10, 1872.
Hon. M. L. STEAr.Ns, Speaker of the Assembly:
SIR-In compliance with the order contained in Resolution
adopted by the Assembly the 5th inst., I have the honor to re-
port that I have obtained from the Secretary of State the Bills
and Resolutions left on the Clerk's desk at the close of the last
regular session, a list of which is hereto appended.
Also, that I have asked of the Senate the return of all Assem-
bly Bills not acted upon by the Senate, that were sent from the
Assembly at the last regular session.
Very Respectfully,
M. H. CLAY,
Clerk of Assembly.
Assembly bills left over at last regular session:
Assembly substitute for Senate bill No. 19, a bill to be enti-
tled an act for reporting Licenses granted;
"A bill to be entitled an act to regulate the Fees of Officers;
"A bill to be entitled an act to establish the office of Boiler In-
spector for the Eastern, Southern and Western Districts of
Florida ;
A bill to be entitled an act to pay for Fire-wood used in the
Capitol ;
A bill to be entitled an act to constitute the county of De-
Soto;
A bill to be entitled an act repealing certain Statute Laws of
this State;
A bill to be entitled an act for the relief of Benjamin Saxon;
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;
A bill to be entitled an act to incorporate the- Fire Depart-
ment of St. Augustine;
A bill to be entitled an act for the relief of certain Occupants
of Land;
Substitute for Assembly bill No. 63, an act for the protection
of the Ports and Harbors of this State.
Senate bills and resolutions :
A bill to be entitled an act to provide for the submission of

76

certain proposed Amendments to the Constitution of the State
of Florida to the people thereof;
A bill to be entitled an act to incorporate the Taylor and Gulf
Railroad Company;
A bill to be entitled an act for the relief of Thomas G. Jen-
kins;
A bill to be entitled an act to provide for the sale and distri-
bution of the Supreme Court Reports for the benefit of the Su-
preme Court Library;
A bill to be entitled an act to provide for the removal of Civil
and Political Disabilities;
A bill to be entitled an act to provide for granting Licenses
for less than a year;
A bill to be entitled an act to amend an act entitled an act to
amend an act to provide for the punishment of Crimes and Pro-
ceedings in Criminal Cases, approved February 1, 1869;
Substitute for Senate bill No. 16, a bill to be entitled an act
for the Payment of Interest on the Seminary Fund;
A bill to be entitled an act providing for the passing of Alter-
native Sentences in certain cases;
A bill to be entitled an act to incorporate the Palatka Fire
Company ;
Senate joint resolution relating to the Educational interests of
this State;
Senate concurrent preamble and resolution relative to the Port
of St. Marks.
Mr. Wallace offered the following resolution:
Whereas, There have been numerous murders committed in
the counties of Calhoun and Jackson, and many of the citizens of
those counties have been compelled to abandon their homes and
seek shelter in other parts of the State ; And Whereas, The 1st
Section of the Constitution of Florida declares that the people
shall obtain safety and happiness and be secured in their person
and property; therefore,
Resolved, That a committee 'of five be appointed to examine
into the cause of said murders, and to ascertain why the perpe-
trators have not been brought to justice; and the said committee
shall have power to send for persons and papers.
Mr. Clark moved to lay the resolution on the table;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Allen, Alexander, Brown, Bridges, Chalker,
Clark, Duke, Graham of Manatee, Green, Gillis, Hull, Hiers,
Hendry of Polk, Hendry of Taylor, Mills, McRae, Neal of Lib-
erty, Oliveros, Rhodes, Richards and Worthington-21.
Nays-Messrs. Armstrong, Butler, Boyd, Cessna, Cruse,
Crane, Coleman, Campbel!, Elijah, Gass, Gibson, Gleason, Gra-

ham of Leon, Johnson, Jasper, Livingston, Logan, McInnes,
Neal of Jackson, Orman, Osgood, Paine, Robinson, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells and Wallace-30.
So the motion was lost.
On motion of Mr. Wells, the resolution was adopted.
Mr. Cessna offered the following resolutions:
WHEREAS, The following preamble and resolution were pass-
ed at a meeting of the Board of Trustees of the Internal Im-
provement Fund of Florida, of which the following is a copy,
viz: Whereas, A decree was entered in the case of Francis
Vose vs. Harrison Reed, et al., Trustees of the Internal Im-
provement Fund of Florida, before his Honor, W. B. Woods,
Judge of United States Circuit Court for the Northern District
of Florida, at Chambers, in the city of Savannah, Ga., on the
16th day of December, 1871 ; and Whereas, Said decree was en-
tered without the consent of the said Board of Trustees of the
Internal Improvement Fund, and against the protest of their At-
torney and Solicitor of Record, James B. C. Drew, duly made
by him; therefore-
Resolved, That our said Atttorney, James B. C. Drew, be and
is hereby instructed to enter a motion in the United States Cir-
cuit Court for the Northern District of Florida, to set aside said
decree," &c., &c.;
Now, therefore, Resolved, That a committee of five be ap-
pointed by the Speaker to investigate and report to this body
without delay by what manner and means and by whom such an
extraordinary decree, disposing of the entire or nearly entire do-
main of the State, to a mischievous and bankrupt railroad corpo-
ration, without the knowledge or consent (the decree was entered
by confession) of a majority of the said Board of Trustees, as
appears by said resolutions.
AND WHEREAS, The Hon. James S. Adams, Treasurer of the
Trustees of the Internal Improvement Fund, has made affidavit
before a magistrate, in the county of Leon, on the 6th day of
January, 1872, that one George W. Swepson, as Confidential
Financial Agent of said Board of Trustees, received on or about
the 4th day of April, A. D. 1869, the sum of $472.065, the pro-
Sceeds of the sale of the Pensacola & Georgia and Tallahassee
Railroads, for the purpose of paying the outstanding First Mort-
gage Bonds of said railroads; and
WHEREAS, It further appears by said affidavit that the said
Swepson has neglected and refused to pay said First Mortgage
Bonds, and.still neglects and refuses to pay the same, or to ac-
count for said moneys so received by him; therefore,
Resolved, That it is the imperative duty of the Governor of
the State and the Trustees of the Internal Improvement Fund to
immediately take such steps as will best secure the payment of

said moneys by said George W. Swepson to said Fund, and to
enter and vigorously prosecute such legal actions, civil and crim-
inal, against the said Swepson as shall best secure the said Trus-
tees against the loss of said large sums of money, and punish the
said Swepson for his gross violation of trust and embezzlement
as charged in the said affidavit.
Resolved, That the Hon. James B. C. Drew, Attorney General,
has the hearty thanks of this body for the straightforward course
he has taken in this whole matter.
Resolved, That a copy of these resolutions be forwarded by
the Chief Clerk of this Assembly to the Governor and Trustees
of the Internal Improvement Fund.
Mr. Butler moved that the resolutions be adopted.
Mr. Oliveros moved that further action on the resolutions be
postponed till to-morrow;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Allen, Alexander, Gleason, Logan, Mills, Neal
"of Liberty, Oliveros, Richards, Robinson, Scott and Thompson
-11.
Nays-Messrs. Armstrong, Butler, Brown, Boyd, Bridges,
Cessna, Chalker. Cruse, Clark, Coleman, Campbell, Duke, Elijah,
Frink, Gass, Gibson, Graham of Manatee, Graham of Leon,
Green, Gillis, Hull, Hiers, Hendry of Polk, Hendry of Taylor,
Jasper, Livingston, McInnes, McRae, Neal of Jackson, Orman,
Paine, Rhodes, Sears, Stearns of Escambia, Wyatt, Wells, Wal-
lace and Worthington-38.
So the motion to postpone was lost.
Upon Mr. Butler's motion to adopt the resolutions, the yeas
hnd nays were called for, and were:
Yeas-Messrs. Alien, Alexander, Armstrong, Butler, Brown,
Boyd, Bridges, Cessna, Chalker, Cruse, Clark, Coleman, Camp-
bell, Duke, Elijah, Frink, Gass, Gibson, Gleason, Graham of
Manatee, Graham of Leon, Green, Gillis, Hull, Hiers, Hendry
of Polk, Hendry of Taylor, Johnson, Jasper, Livingston, Logan,
McInnes, Mills, MeRae, Neal of Jackson, Neal of Liberty, Or-
man, Osgood, Oliveros, Paine, Rhodes, Richards, Robinson,
Sears, Scott, Stearns of Escambia, Thompson, Wyatt, Wells,
Wallace and Worthington-51.
Nays-None.
So the resolutions were adopted.
The following bills were introduced:
By Mr.'Richards:
A bill to be entitled an act to authorize the Judges of County
Courts of the several counties of this State, when such Judges
are ex officio Administrators, Executors, or Guardians, to make

79

their annual settlements with the Clerks of the Circuit Courts of
their respective counties.
By Mr. Rhodes:
A bill to be entitled an act to change the names of Mary Jane
Shoemake and Laura Ann Bohamn, and make them heirs at
law of James B. F. McKinney.
By Mr. Graham of Manatee:
"A bill to be entitled an act for the relief of John Craig; also,
"A bill to be entitled an act prescribing certain duties of Clerks
of the Circuit Courts and for other purposes.
By Mr. Gillis:
A bill to be entitled an act creating the office of Public Ad-
ministrator in each of the counties of this State, and defining the
duties of said office; also,
A bill to be entitled an act fixing the times and for holding the
Circuit Courts in the 5th Judicial Circuit.
By Mr. Oliveros:
A bill to be entitled an act to incorporate the St. Benedict
Benevolent Society of St. Augustine.
By Mr. Boyd:
A bill to be entitled an act to name the corporation now own-
in the Road called the Florida Railroad, and to call it the At-
lantic, Gulf and West India Transit Company;
Which were placed among the orders of the day.
The following committee reports were received:
Hon. M. L. STEARNS, Speaker of the Assembly:
SIR-Your Committee to whom was referred Assembly bill
No. 22, entitled a bill to amend chapter 1,766 of the Session of
A. D., 1870, beg leave to report back the same and recommend
its passage.
SVery Respectfully,
JAMES PAINE, Chairman.
W. T. ORMAN,
W. K. ROBINSON,
0. J. COLEMAN,
W. M. HENDRY.
Which was read and the accompanying bill placed among the
orders of the day.
To the Hon. M. L. STEARNS, Speaker of the Assembly:
Si : We, your committee to whom was referred a bill for the
relief of David R. Townsend, and all other County Judges simi-
larly situated, beg leave'to report that we have carefully examin-
ed the same and recommend its passage.
WM. D. SEARS, Chm'n.
O. J. COLEMAN,
EPHRAIM LOGAN,
W. F. GREEN,
W. M. DUKE.

80

Which was read and the accompanying bill placed among the
orders of the day.
Hon. M. L. STEARNS, Speaker of the Assembly :
SIR-Your Committee on Commerce and Navigation to whom
was referred Assembly bill No. 5, to be entitled an act amendato-
ry to an act to regulate Quarantine, approved July 19, 1869, and
also an act entitled an act for the collection of penalties for vio-
lation of Quarantine, approved June 6,1870, beg leave to report
that they have had the same under consideration, and would
respectfully recommend that the same do not pass.
SAMUEL BOYD, Chairman.
JOHN R. SCOTT,
"W. T. ORMAN,
ZEB. ELIJAH.
"Which was read and the accompanying bill placed among the
orders of the day.
Hon. M. L. STEARNS, Speaker of the Assembly :
The Committee on Engrossed Bills have carefully examined
and report as correctly engrossed the following bills, viz:
A bill to be entitled an act to amend section 6 of an act to or-
ganize the County Courts of the several counties of the State,
and to provide the mode of practice of said courts, approved
August 4, 1868, and providing jurors for said Courts;
A bill to be entitled an act to authorize Sheriffs, Coroners,
Constables, Town and City Marshals, to arrest for felony on
strong and sufficient grounds of suspicion in cases of escape;
A bill to be entitled an act for the adoption of children.
E. M. GRAHAM, Chairman.
D. L. CAMPBELL.
Which was read and the accompanying bills placed among the
orders of the day.
Hon. M. L. STEARNS, Speaker of the Assembly:
SIR: Your committee to whom was referred Assembly bill
No. 10, beg leave to report that they have had the same under
consideration and recommend the following amendments, to wit:
In section 1, seventh line, strike out the word one," and in-
sert "two."
In section 2, fourth line, before the word Superintendent,"
insert County," and in seventh line strike out the word six"
and insert four."
All of which is respectfully submitted.
JAMES PAINE, Chm'n.
W. T. ORMAN,
W3. M. HENRY,
O. J. COLEMAN,
W. K. ROBINSON.

Which was read and the accompanying bill placed among the
orders of the day.
On motion of Mr. Scott, Mr. Gibson was excused from attend-
ance on the Assembly until Monday next.

ORDERS OF THE DAY.
Senate Resolution relative to adjournment,
Was read.
Mr. Cessna moved to postpone further action on the resolu-
tion until the 20th inst.;
Which was agreed to.
Under a suspension of the rules, Mr. Gleason offered the fol-
lowing concurrent resolution:
Resolved by the Assembly, the Senate concurring, That no
new business be entertained in either House on and after Janu-
ary 25th.
Mr. Gillis moved to amend by inserting "bills" except ap-
propriation" in place of "new business;"
Which was not agreed to.
On motion, the resolution was adopted as read.
Assembly bill No. 19, to be entitled an act to authorize Sher-
iffs, Coroners, Constables, Town and City Marshals, to arrest for
felony on strong and sufficient grounds of suspicion in cases of
escape,
Was read the third time and put upon its passage.
The vote was:
Yeas-Messrs. Allen, Alexander, Armstrong, Butler, Brown,
Boyd, Chalker, Cruse, Clark, Coleman, Campbell, Elijah, Gib-
son, Graham of Manatee, Graham of Leon, Gillis, Hull, Hiers,
Hendry of Polk, Hendry of Taylor, Johnson, Jasper, Livingston,
Logan, McInnes, Mills, McRae, Neal of Jackson, Neal of Lib-
erty, Orman, Osgood, Oliveros, Paine, Robinson, Sears, Scott,
Stearns of Escambia, Thompson, Wyatt, Wells, Wallace and
Worthington-42.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Assembly bill No. 17, to be entitled an act for the Adoption
of Children,
Was read the third time and put upon its passage.
The vote was:
Yeas-Messrs. Allen, Armstrong, Brown, Boyd, Bridges,
Chalker, Cruse, Clark. Campbell, Duke, Elijah, Frink, Gass, Gib-
son, Gleason, Graham of Manatee, Graham of Leon, Green, Gil-
lis, Hull, Hiers, Hendry of Polk, Hendry of Taylor, Jasper, Lo-
6

82

gan, McInnes, McRae, Neal of Jackson, Neal of Liberty, Orman,
Oliveros, Rhodes, Richards, Robinson, Sears, Scott, Stearns of
Escambia, Wells, Wallace and Worthington-40.
Nays-Messrs. Coleman, Johnson, Livingston, Mills, Osgood
and Wyatt-6.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Assembly bill No. 9, to be entitled an act to amend Section 6
of an act to organize the County Courts of the several counties
of the State, and to prescribe the mode of practice of said courts,
approved August 4, 1868, and providing Jurors for said courts,
Was read third time and put upon its passage.
The vote was:
Yeas-Messrs. Allen, Alexander, Armstrong, Butler, Brown,
Boyd, Bridges, Cessna, Chalker, Cruse, Clark, Coleman, Camp-
bell, Duke, Elijah, Frink, Gass, Gibson, Graham of Manatee,
Graham of Leon, Green, Gillis, Hull, Hendry of Taylor, John-
son, Jasper, Livingston, Logan, McInnes, Mills, McRae, Neal
of Jackson, Neal of Liberty, Orman, Oliveros, Paine, Rhodes,
Richards, Robinson, Sears, Scott, Stearns of Escambia, Thomp-
son, Wyatt, Wells, Wallace and Worthington--47.
Nay-Mr. Osgood-1.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
On motion of Mr. Boyd, the 'Assembly took a recess until 4
o'clock, P. M.

FOUR O'CLOCK, P. M.
The Assembly resumed its session.
A quorum present.
The Speaker announced the following as additional members
of the Special Committee to investigate the acts and doings of
the J. P. & M. Railroad: Messrs. Boyd and Hiers.
On Mr. Cessna's resolution of this morning for a special com-
mittee, the following were appointed: Messrs. Cessna, Graham
of Manatee, Gillis, Johnson and Livingston.
Under a suspension of the rules, Mr. Gleason was allowed to
introduce the following bill:
A bill to be entitled an act to quiet Tax Titles to Land;
Which was received and placed among the orders of the day.
Under a unanimous suspension of the rules, the following com-
mittee reports were received and the bills placed among the or-
ders of the day :
To the H9n. M. L. STEARNS, Speaker of the Assembly:
Sir: We, your committee to whom was referred a bill to be

83

entitled an act to compel the erection of lawful fences, have.care-
fully examined the same and recommend that it do pass.
Respectfully submitted,
B. H. NEAL, Chm'n-
WVf. MILLS,
J. W. HENDRY,
R. H. WELLS,
W. THOMPSON.
To the Hon. M. L. STEArNS, Speaker of the Assembly:
Sin : The Committee on Judiciary to whom was referred bill
No. 27, report the same back without amendment and recom-
mend its passage. W. H. GLEASON, Chm'n.
Assembly bill No. 15, to be entitled an act to compel the erec-
tion of Lawful Fences,
"Was read the second time and ordered engrossed for a third
reading on to-morrow.
Assembly bill No. 10, to be entitled an act to amend Sections
16 and 38 of an act to establish a uniform system of Common
Schools and a University, approved January 30, 1869, thereby
reducing public expenses,
Was read the second time, the amendments proposed by the
committee were concurred in, and the bill as amended ordered
to be engrossed for a third reading on to-morrow.
Assembly bill No. 22, to be entitled an act to amend Chapter
1,766 of the session laws of A. D. 1870,
Was read the second time and ordered engrossed for a third
reading on to-morrow.
Assembly bill No. 25, to be entitled an act for the relief of
David R. Townsend, County Judge of LaFayette county, and
all other County Judges similarly situated,
Came up on its second reading, and, on motion of Mr. Gillis,
was referred to the Judiciary Committee.
Assembly bill No. 27, to be entitled an act to require County
Treasurers to keep accurate accounts of public moneys, and to
exhibit their books and copies thereof annually to the Boards of
County Commissioners, and to Grand Juries,
Was read the second time and ordered engrossed for a third
reading on to-morrow.
Assembly bill No. 5, to be entitled an act amendatory to atn
act to regulate quarantine, approved July 19, 1869, and also, an
act entitled an act for the. collection of penalties for violation of
quarantine, approved June 6, 1870,
Came up on its second reading.
Mr. Scott moved that the further reading of the bill be dis-
pensed with, and that it be indefinitely postponed;
Which was agreed to.
Mr. Boyd moved that the rules be waived, and all bills on

84

their first reading be read by title and referred to their appropri-
ate committee;
"Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Brown, Boyd, Coleman, Campbell, Duke, Gra-
ham of Manatee, Green, Hull, Hiers, Mills, Neal of Liberty,
Osgood, Paine, Rhodes and Wallace-15.
Nays-Messrs. Allen, Alexander, Butler, Bridges, Chalker,
Cruse, Clark, Elijah, Graham of Leon, Gillis, Hendry of Polk,
Hendry of Taylor,'Livingston, Logan, McInnes, McRae, Neal of
Jackson, Orman, Oliveros, Richards, Robinson, Sears, Scott,
Stearns of Escambia, Wyatt, Wells and Worthington-2'7.
So the motion to suspend the rules was not agreed to.
Assembly bill No. 35, to be entitled an act to authorize the
Judges of the County Courts of the several counties of this
State, when such Judges are ex-officio administrators, executors,
or guardians, to make their settlements with the Clerks of the
,Circuit Courts of their respective counties,
Was read first time and referred to the Judiciary Committee.
Assembly bill No. 34, to be entitled an act to incorporate the
St. Benedict Benevolent Society of St. Augustine,
Was read first time.
On motion of Mr. Oliveros, the rules were unanimously waived,
the bill read the second time by title and ordered engrossed for
a third reading on to-morrow.
The rules being unanimously suspended, Mr. Cessna offered
the following resolution :
Whereas, many grave suggestions and legal doubts have
arisen in regard to the validity of the lien of the State upon
Railroads constructed under and by virtue of chapter 1,716 of
the law of 1869, and in view of the gigantic frauds and diver-
sion of the proceeds of bonds heretofore issued under said act:
therefore,
Resolved, That the Governor of this State be directed to issue
no bonds under that act until the validity of said act has been
established by a decision of the Supreme Court.
Resolved, That a copy of this resolution be sent immediately
to the Governor by the Chief Clerk.
Which was read and adopted.
"Under a suspension of the rules, the following special commit-
tee report was received:
Hon. M. L. STEARNS, Speaker of the Assembly:
Sin-Your Committee to whom was referred the matter of
drafting suitable resolutions commemorative of deceased mem-
bers of the Assembly, beg leave to recommend the accompanying
preamble and resolutions and recommend their adoption, viz:'
Preamble and Resolutions commemorative of the death of

JAMES C. McLEAN&, JAMES W. YEArTY and JOHN P. MAIIONEY,
members of the Assembly of the State of Florida.
Whereas, since the last session of the Assembly, it hath
pleased the Almighty Ruler of the Universe to remove by
death, from this body, James C. McLean, James W. Yearty and
John P. Mahoney, members of the Assembly of Florida; and
whereas, by order of the Assembly, it has been made our duty
as a committee to draft suitable resolutions expressive of the re-
gard, sorrow and regret, which as members of the same body
we have and feel for the memory and worth of our departed
friends;
Resolved, That it is with feelings of regret and sadness, that
we bow with submission and resignation to the will of an All-
wise Providence, in calling hence three of our most valuable and
useful members, and while we acknowledge His hand in all things,
we deplore and lament that they have been cut off in the midst
of their years and usefulness, and that in their death this Assem-
bly has been deprived of their most valuable services, and the
State of most useful and prominent citizens, and that their vacant
places in this body but attests to that immutable truth, Man
that is born of a woman is of a few days, and full of trouble."
Resolved, This Assembly tenders to the bereaved relatives
and friends of our deceased peers our sincere condolence and
sympathy, in this their irremediable loss.
Resolved, That as a token of our sorrow and esteem for the
lamented deceased, the Assembly Hall be draped with suitable
emblems of mourning during the present session, and that a
blank page be left in the journal of the Assembly, on which shall
be inscribed by the Clerk the names of James C. McLean, James
W. Yearty and John P. Mahoney.
Resolved, That these resolutions be spread upon the journal
of the Assembly, and that a copy of the same be transmitted by
the Clerk to the relatives of the deceased members.
SAMUEL BOYD, Chairman.
E. M. GRAHAM,
W. W. HULL,
W. H. GLEASON,
JAMES PAINE, Sr.
"Which was read and unanimously adopted.
Mr. Boyd moved that as an evidence of respect to the de-
ceased, the Assembly adjourn until to-morrow morning ten
o'clock;
Which was agreed to, and thereupon the Assembly adjourned.

0<

86

THURSDAY, January 11, 1872.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Allen, Alexander, Armstrong, Butler,
Brown, Boyd, Bridges, Cessna, Chalker, Crane, Clark, Coleman,
Campbell, Duke, Elijah, Frink, Gass, Graham of Manatee, Gra-
ham of Leon, Green, Gillis, Hull, Hiers, Hendry of Polk, Hendry
of Taylor, Johnson, Jasper, Logan, McInnes, Mills, McRae, Neal
of Jackson, Neal of Liberty, Orman, Oliveros, Paine, Richards,
Robinson, Sears, Scott, Stearns [of Escambia, Wyatt, Wells,
Wallace and Worthington-46.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Wyatt the reading of yesterday's journal
was dispensed with, the journal corrected and approved.
Mr. Brown asked permission to withdraw a bill presented by
him at the last session, establishing a new county out of the West-
eern part of Hillsborough county;
Which was granted.
Mr. Paine offered a memorial to the Congress of the United
States, praying for the establishment of a mail route;
Which was read and adopted.
Mr. Orman offered a memorial to Congress for an appropria-
tion to dredge and deepen the ship channel in Apalachicola bay;
Which was read and adopted.
The following message was received from the Senate:
SENATE CIIAMBE, January 10, 1872.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sm--I am directed.to inform you that the Senate has passed
Senate bill No. 2, to be entitled an act to repeal section 4 of an
act entitled an act to incorporate the Gulf Steamship Company,
and to perfect the public works of the State, approved Feb-
ruary 9, 1870;
Also passed Senate bill No. 5, to be entitled an act to incor-
porate Brown's Theological Institute.
Respectfully,
S. B. McLIN, Secretary.
Which was read and the accompanying bills placed among the
orders of the day.
The following bills were introduced:
By Mr. Crane:
A bill to be entitled an act in relation to Assessors and Col-
lectors.
By Mr. Gillis:

S87

A bill to be entitled an act for the relief of certain Teachers;
Also a bill to be entitled an act to amend the school law of
Florida, and to provide foi a uniform series of text books.
By Mr. Chalker:
A bill to be entitled an act to require County Treasurers and
Collectors of Revenue to give bond and prescribe a penalty in
case of failure to do so.
Which were received and placed among the orders of the
day.
The following committee reports were received:
IIon. M. L. STEARNS, Speaker of the Assembly:
SIm-The Committee on Engrossed Bills have carefully ex-
amined and report as correctly engrossed the following bills,
viz:
A bill to be entitled an act to simplify the manner and mode
of acknowledging and proving the execution of deeds of convey-
ance, releases, mortgages, powers of attorney, reliuquishments,
and other instruments of writing relating to real estate, and to
provide for the recording thereof.
A bill to define the duties of the Commissioner of Lands and
Immigration.
A bill to be entitled an act to save small estates from wasteful
costs, and to facilitate the settlement thereof.
A bill to authorize corporations to change their names, con-
solidate their capital stock and merge their corporate powers.
E. M. GRAHAM, Chairman.
Which was read, and the accompanying bills placed among
the orders of the day.
Hon. M. L. STEARNS, Speaker of the Assembly :
SIR-The Committee on the Judiciary report back Assembly
bill No. 11 by substitute and recommend its passage.
W. H. GLEASON, Chairman.
Which was read, and the accompanying bill and substitute
placed among the orders of the day.
lion. M. L. STEARNS, Speaker of the Assembly :
SIE-The Committee on Militia report that they have exam-
ined Assembly bill No. 24, and recommend the passage of the
same. J. W. BUTLER, Chm'n.
BIRCH GIBSON,
B. F. LIVINGSTON,
WMr. McRAE,
W. W. HULL.
Which was read, and the accompanying bill placed among the
orders of the day.

88

Hon. M. L. STEARNS, Speaker of the Assembly:
Sin-The Committee on Railroads, to whom was referred As-
sembly bill No. 2, to be entitled an act to incorporate the Talla-
hassee & Georgia Railroad and Steam Transportation Com-
pany, and to perfect one of the public works of the State, beg
leave to report that they have carefully examined the bill and re-
commend its passage with the amendments attached.
J. W. JOHNSON, Chairman.
"Which was read, and the accompanying bill placed among the
orders of the day.
Hon. M. L. STEAINS, Speaker of the Assembly:
SIn-The Committee on Finance, to whom was referred As-
sembly bill No. 26, to be entitled an act for the payment of costs
by the counties in criminal prosecutions and payment of contin-
gent expenses of the circuit courts now provided, report the
same back with amendments, to-wit:
By inserting the enacting clause, and by amending the second
line in section 1 by inserting after the word "pay," the words
"jurors and witnesses and;" and inserting after the word all,"
the word other," and recommend its passage.
W. H. GLEASON, Chairman.
"Which was read, and the accompanying bill placed among the
orders of the day.
The Speaker appointed Messrs. Wallace, Stearns of Escambia,
Rhodes, Brown and Butler a special committee to investigate
the outrages in Jackson county, in pursuance of Mr. Wallace's
resolution of yesterday.
Mr. Stearns of Escambia was permitted to withdraw substi-
tute for Assembly bill No. 63, to be entitled an act for the pro-
tection of the ports and harbors of this State, reported yesterday
by the clerk.
ORDERS OF THE DAY.
The following message was received from the Senate:
SENATE CHAMBER, Jan'y 9, 1872.
Hon. M. L. STEARNS, Speaker of the Assembly :
SIm-I am directed to inform the Assembly that the Senate
has adopted Assembly Joint Resolution relative to a committee
to visit the State Prison, with an amendment.
Also adopted Assembly memorial for increase of mail service
from Mellonville to Orlando.
Also adopted Senate Concurrent Resolution No. 2, requesting
our Senators and Representative in Congress to urge an appro-
priation for clearing out and rendering navigable the Choctaw-
hatchee river. Very Respectfully,
S. B. McLIN, Secretary.

/

89

Which was read, and, on motion of Mr. Brown, the Senate
"amendments to Assembly joint resolution in relation to a com-
mittee to visit the State Prison were concurred in.
The Senate bill was placed among the orders of the day.
Assembly bill No. 31, to be entitled an act creating the office
of Public Administrator in each of the counties of this State and
defining the duties of said office,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. -, to be entitled an act for the relief of
John'Craig,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 30, to be entitled an act prescribing certain
duties of clerks of the circuit courts, and for other purposes,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 33, to be entitled an act to- name the corpo-
ration now owning the Road called the Florida Railroad,'and to
call it the Atlantic, Gulf and West India Transit Company,
Was read the first time and referred to the Committee on-
Railroads.
Assembly bill No. 28, to be entitled an act to change the names
of Mary Jane Shoemake and Laura Ann Bohamn. and make
them heirs at law of James B. F. McKinney,
Was read the first time and referred to the Judiciary Com-
mittee.
Assembly bill No. 32, to be entitled an act fixing the times for
holding the Circuit Courts in the 5th Judicial Circuit.
Under a suspension of the rules the bill was read the first time
by its title and referred to the Judiciary Committee.
Assembly bill No. 23, to be entitled an act to authorize corpo-
rations to change their names, consolidate their capital stock and
merge their corporate powers,
Was read the third time.
Mr. Cessna moved to place the bill back on its second read-
ing ;
WI which was agreed to.
On motion the bill was referred to the Committee on Corpo-
rations, with instructions to report on the 15th inst.
Mr. Boyd moved that Mr. Wyatt's argument on Assembly
bill No. 23, be spread upon the journal;
Upon which the yeas and nays being called for, the vote was:
Yeas-Messrs. Allen, Alexander, Armstrong, Butler, Boyd,
Bridges, Clark, Coleman, Campbell, Duke, Elijah, Gass, Gleason,
Graham of Manatee, Graham of Leon, Green, Hull, Hiers, Hen-
dry of Polk, Hendry of Taylor, Jasper, Logan, Mills, McRae,
Neal of Jackson, Neal of Liberty, Orman, Oliveros, Rhodes,

90

Richards, Robinson, Sears, Scott, Wyatt, Wells and Wal-
lace-36.
Nays-Messrs. Brown, Cessna, Cruse, Crane, Frink, Gillis,
Johnson, Livingston, Paine, Stearns of Escambia and Thomp-
son-10.
The motion of Mr. Boyd was agreed to, and Mr. Wyatt sub-
mitted the following objections to the bill:
Objections raised by the iMember from Zeon, M1r. J TV. Wyatt,
against Assembly Bill No. 23.
Mn. SPEAKER-There is to all appearances a dark and hidden
meaning enveloped in the bill now before this Assembly, intro-
duced by the honorable member from Dade, which I desire to
call attention to. The title of this bill is to authorize corpora-
tions to change their names, consolidate their capital stock, and
merge their corporate powers."
We should ponder well over -each sentence embraced in the
title. In the first place, why should corporations desire to con-
solidate unless by the unity and coalition thus formed they in-
tended to become a vast and extended power, governing the
people, and exercising an influence, the magnitude of which
would appal us ? Then again, this consolidation of power would
wield a powerful influence for good or evil, and experience and
History furnish proof that large, all-absorbing companies generally
exert their influence in an evil direction. Such a consolidation
would engender disaffection and cause disorder and distress
among corporations of less weight, and would be fraught with
many disadvantages to parties desiring to invest a small amount
of capital. Capital needs no legislation in order to provide for
its use. Capital is strong enough to take care and provide for
itself, but corporations are a dangerous power, especially large or
consolinated corporations, and theAmerican people fear them and
view them with distrust. Take for instance, the Penn. Cen. R. R.,
Which has and is daily encircling with extended arms the smaller
roads and railway corporations throughout the Union. As a re-
sult of such consolidations, look what a fearful stretch of power
and authority is placed within the hands of Thomas Scott, the
President of that Railroad. We, who are here in Florida, cannot
conceive of the vastness of his schemes. We are too far removed
from his field of operations, but I am credibly informed that,
by means of the power that he and his Board of Directers pos-
sess, they carry everything desired throughout the State of
Pennsylvania.
We want no Tom Scotts, Jim Fisks or Vanderbilts in this
State to govern us, by means of which they would influence leg-
islation tending to advance personal interests.
The great curse of Florida has been dishonest corporations,
rings and cliques, with an eye single to their central interest,

91

and if this bill is suffered to pass this Assembly, in my opinion
we may look for a continuation of abuses and a usurpation of
the-rights of citizens who may be opposed to the evil machina-
tions such as are generally exerted by consolidated bodies.
The second clause in the title of this bill is to consolidate their
capital stock. What a palpable farce! Look, gentlemen, thor-
oughly into this sentence. If such glaring opportunities for
swindling, and forcing preconcerted measures, are fostered and
encouraged by this Assembly, we would be denounced and as-
persions of a foul nature be cast at our character, even by our
constituents. They send us here to legislate wisely for the good
of the people of this State,,and not to favor jobs and schemes
that emanate from the brain of political tricksters, and intrigu-
ing and designing parties.
We are here for a different purpose. We are assembled here
to guard the interests of this State. Does this measure now be-
fore us tend to prosper or enhance the condition of this State?
No It is plainly a coercive measure, intended to engulf the cap-
ital of minor corporations.
Were this bill to pass, men of limited means would be ex-
tremely cautious about investing in or giving aid to corporations,
tor fear their capital stock would be swallowed up by some tot-
tering and unsound institution, and used to bolster up and fur-
nish additional strength to a rotten corporation.
What assurance would be given to the minority of stock-hold-
ers of a company, that had been merged into another and their
capital stock consolidated, that would satisfy them that their
rights would be safely protected after having been coerced into
a scheme which they suppose to be fraudulent?
The last clause in the title is, to merge their corporate pow-
ers." This sentence certainly needs careful examination, for I
can readily see that it will prove a most dangerous combination
of power, and it should be strenuously opposed by the whole
strength of this Assembly.
Each corporation has certain powers and privileges embodied
within its sphere of action, and it is now proposed to merge the
powers of the different corporations and embrace them all in one
strong and all powerful combination.
The recent expose of the Tammany Ring in New York has
satisfied all right thinking men that the power exercised by
strong bodies, composed of many corporations, is the most dan-
gerous to the public good and safety. Therefore it ill becomes
us to pass a bill enveloped in darkness, as the title to this bill
indicates it to be.
The gentleman who introduced this bill, it would seem, has a
hobby for corporations. I am credibly informed that his sig-
nature is attached to no less than eight articles of association in
this State. Doubtless the true intent of this bill is to consolidate

92

these eight corporations, with their powers and capital stock,
into one grand scheme for the controlling of future public
works requiring State aid. As a sample of the magnitude and
grandness of these schemes, I will here state that one of the
eight corporations above mentioned declares its capital at ten
millions of dollars. The shares are fixed at the low price of one.
hundred thousand dollars each. By referring to the laws of
1868, Chapter 1,639, No. 15, I find an exhaustive law on corpo-
rations, which fully dictates their duties, powers and liabilities,
&c., and I deem it imprudent to interfere with this law, because
I find it fully answers all the requirements of a legal body cor-
porate. Therefore, Mr. Speaker, as there is much doubt and un-
certainty existing regarding the usefulness and effectiveness, in
a right direction, of the powers which this bill would grant, I
move that it be indefinitely postponed.
On motion of Mr. Johnson, Assembly bill No. 23, was ordered
to be printed.
Assembly bill No. 8, to be entitled an act to save small estates
from wasteful costs, and to facilitate the settlement thereof,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Messrs. Allen, Alexander, Armstrong, Brown, Boyd,
Bridges, Chalker, Cruse, Crane, Clark, Coleman, Campbell, Duke,
Frink, Graham of Manatee, Graham of Leon, Green, Gillis, Hull,
Hiers, Hendry of Polk, Hendry of Taylor, Livingston, Logan,
Mills, McRae, Neal of Liberty, Orman, Oliveros, Paine, Rich-
ards, Robinson, Sears, Scott, Stearns of Escambia, Thompson,
Wells, Wallace and Worthington-39.
Nays-Mr. Gass-1.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Assembly bill No. 4, to be entitled an act to define the duties
of the Commissioner of Lands and Immigration,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Messrs. Brown, Boyd, Chalker, Cruse, Crane, Coleman,
Elijah, Gleason, Graham of Manatee, Gillis, Hull, Johnson, Liv-
ingston, Logan, McInnes, Mills, McRae, Paine, Robinson, Scott,
Stearns of Escambia, Thompson, Wells and Wallace-24.
Nays-Messrs. Allen, Alexander, Armstrong, Bridges, Cess-
na, Clark, Campbell, Duke, Frink, Gass, Graham of Leon, Green,
Hiers, Hendry of Polk, Hendry of Tayl6r, Jasper, Neal of Jack-
son, Neal of Liberty, Orman, Oliveros, Rhodes, Richards Sears,
Wyatt and Worthington-25.
So the bill did not pass.
The Speaker caused the following letter to be read :

93

Hon. M. L. STEABNS, Speaker of the Assembly:
I hereby tender my resignation as Chairman of the Judiciary
Committee. W. H. GLEASON.
Mr. Cessna moved that the resignation be not accepted;
Which was unanimously agreed to.
Under a suspension of the rules, the following committee re-
port was received:
HON. M. L. STEARNS, Speaker of the Assembly:
The Committee upon Railroads to whom was referred Assem-
bly bill No. 33, entitled an act to change the name of the Corpo-
ration now owning the Road called the Florida Railroad, and to
call it the Atlantic, Gulf and West India Transit Company, have
carefully examined the same and recommend its passage.
J. W. JOHNSON, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
Assembly bill No. 18, to be entitled an act to simplify the
mode and manner of acknowledging and proving the execution
-of deeds of conveyance, releases, mortgages, relinquishments,
and other instruments of writing relating to real estate, and to
provide for the recording thereof,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Messrs. Allen, Alexabder, Armstrong, Brown, Bridges,
Cessna, Chalker, Crane, Clark, Coleman, Campbell, Duke, Eli-
jah, Frink, Gass, Graham of Manatee, Graham of Leon, Green,
Gillis, Hull, Hiers, Hendry of Polk, Hendry of Taylor, John-
son, Jasper, Livingston, Logan, McInnes, Mills, McRae, Neal of
Jackson, Neal of Liberty, Orman, Oliveros, Paine, Rhodes, Rich-
ards, Robinson, Stearns of Escambia, Thompson, Wallace and
Worthington-42.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified tothe Senate.
On motion of Mr. Wallace, the Assembly adjourned till to-
morrow morning ten o'clock.

94

FRIDAY, January 12, 1872.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names:
Mr. Speaker, Messrs. Allen, Alexander, Armstrong, Brown,
Boyd, Bridges, Cessna, Chalker, Cruse, Crarne, Clark, Coleman,
Campbell, Duke, Elijah, Gass, Graham of Manatee, Graham of
Leon, Green, Gillis, Hull, Hiers, Hendry of Polk, Hendry ofTay-
lor, Johnson, Jasper, Logan, McInnes, McRae, Neal of Jackson,
Neal of Liberty, Orman, Oliveros, Paine, Rhodes, Richards, Rob-
inson, Sears, Stearns of Escambia, Thompson, Wyatt, Wells,
"Wallace and Worthington-44.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Wells, the reading of yesterday's journal
was dispensed with, and the journal corrected and approved.
Mr. Oliveros moved to reconsider the vote taken yesterday
on Assembly bill No. 4, to be entitled an act to define the duties
of the Commissioner of Lands and Immigration ;
Which, on motion, was placed among the orders of the day
for further consideration to-morrow.
The following bills were introduced:
By Mr. Gleason:
A bill to be entitled an act for the relief of Edmund C. Weeks.
By Mr. Clark:
A bill to be entitled an act to amend the 17th section of an
act entitled an act to provide for the Registration of Electors
and the holding of Elections.
A bill to be entitled an act to punish County Officers for neg-
lect of duty.
By Mr. Cessna:
A bill to be entitled an act relating to the Finances of the
State.
By Mr. Brown:
A bill to be entitled an act to regulate the establishment of
New Counties and the change of County Lines.
By Mr. Neal of Jackson:
A bill to be entitled an act for the relief of A. H. Bush ;
Which were received and the accompanying hills placed among
the orders of the day.
The following committee reports were received :
Hon. M. L. STEARNS, Speaker of the Assembly :
SIR-The Committee on the Judiciary, to whom was referred
Assembly bill No. 6, to be entitled an act concerning the limita-
tions in civil suits, report the same back by substitute and re-
commend its passage.

95

Also Assembly bill No. 86, to be entitled an act to quiet tax
titles, with amendments, to-wit:
By striking out Sections 5 and 6, and inserting a substitute
for such sections, sections to be known as sections 5, 6 and 7,
and recommend its passage as amended.
W. H. GLEASON, Chairman.
Which was read and the accompanying bills, with substitute
for Assembly bill No. 6, placed among the orders of the day.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sm :-The Committee on Engrossed Bills have carefully ex-
amined, and report as correctly engrossed, the following bills,
viz:
A bill to be entitled an act to amend Chapter 1,766 of the Ses-
sion Laws of A. D. 1870;
A bill to be entitled an act to amend Sections 16 and 38 of an
act to establish a uniform system of Common Schools and a Uni-
versity, approved January 80, 1869, thereby reducing public
expenses;
A bill to be entitled an act to incorporate the Saint Benedict
Benevolent Society of Saint Augustine;
A bill to be entitled an act to require County Treasurers to
keep accurate accounts of public moneys, and to exhibit their
books and copies thereof annually to the Board of County Com-
missioners and to Grand Juries; also,
A bill to be entitled an act to compel the erection of lawful
fences. E. M. GRAHAM, Ch'n.
Which was read and the accompanying bills placed among
the orders of the day.
The following communication was received:
OFFICE OF SECRETARY OF STATE,
Tallahassee, Fla., January 11, 1872.
lion. Speaker of the.Assembly :
Sir :-I have the honor to transmit the following bills deposi-
ted in this office after the adjournment of the regular session,
January 27, 1871:
1. An act concerning limitations;
2. An act authorizing George Carraway of Calhoun county, a
minor, to take charge of and control his estate;
3. An act to incorporate the Jacksonville steam fire engine
company, No. 1;
4. An act to incorporate the Southern Accident Risk Com-
pany.
Very Respectfully,
JONATHAN C. GIBBS,
Secretary of State.
Which was read.

96

The following message was received from the Senate:
SENATE CHAMBER,
January 12, 1872.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sm.: I am directed to inform you that the Senate has passed
Assembly bill No. 1, to be entitled an act to facilitate the cash
payment of the current expenses of the State government, and
the funding of recognized Comptroller's warrants and Treasurer's
certificates, with amendments, and ask the concurrence of the
Assembly therein.
Respectfully,
S. B. McLIN, Sec'y.
Which was read.
Mr. Sears moved to lay the Senate amendments on the table;
Which was not agreed to.
Mr. Cessna moved that the Assembly concur in Senate amend-
ments to the bill.
Upon which the yeas and nays being called, the vote was:
Yeas-Messrs. Allen, Cessna, Campbell, Duke, Frink, Green,
Johnson, McRae, Orman, Oliveros, Rhodes, Richards and Worth-
ington-13.
Nays-Messrs. Alexander, Armstrong, Brown, Boyd, Bridges,
Chalker, Cruse, Clark, Coleman, Elijah, Gass, Gleason, Graham
of Manatee, Graham of Leon, Gillis, Hull, Hiers, Hendry of
Polk, Hendry of Taylor, Jasper, Livingston, Logan, McInnes,
Mills, Neal of Jackson, Neal of Liberty, Paine, Robinson, Sears,
Wyatt, Wells and Wallace-32.
So the Assembly refused to concur in Senate amendments to
said bill.
The following message was transmitted by the Secretary of
State to the Assembly:
EXECUTIVE OFFICE,
Tallahassee, Fla., Jan. 30, 1871.
Hon. J. C. GIBES, Secretary of State:
SIR :-The following entitled bills originating in the Assembly
and left in m) hands at the adjournment of the late session of
the Legislature, are herewith transmitted without my approval,
to be by you submitted to the next session, viz:
An act authorizing George Carraway. of Calhoun county, a
minor, to take charge of and control his estate;
An act to incorporate the Jacksonville Steam Fire Engine
Company, No. 1;
An act to incorporate Southern Accident Risk Company.
These acts are each in my judgment of that character which -
can be provided for under general laws and subject to Constitu

tional prohibition in sections 17 and 18 of Art. IV of the organic
act. I therefore am compelled to withhold my signature.
Respectfully, HARRISON REED, Governor.
Which was read.
An act authorizing George Carraway, of Calhoun county, a
minor, to take charge of and control his estate,
"Was first taken up and read.
Upon the passage of the bill, the Governor's objections to the
contrary notwithstanding, the vote was:
Yeas-Messrs. Alexander, Brown, Cessna, Clark, Campbell,
Frink, Livingston, Neal of Jackson, Neal of Liberty, Richards,
and Stearns of Escambia-11.
Nays-Messrs. Allen, Armstrong, Boyd, Bridges, Chalker,
Cruse, Coleman, Duke, Gass, Gleason, Graham of Manatee, Gra-
ham of Leon, Green, Gillis, Hull, Hiers, Hendry of Polk, Hen-
dry of Taylor, Johnson, Jasper, Logan, McInnes, Mills, McRae,
Orman, Oliveros, Paine, Rhodes, Robinson, Sears, Thompson,
Wyatt, Wells, and Wallace-34.
So the bill did not pass.
An act to incorporate the Southern Accident Risk Company,
Was read.
Upon the passage of the bill, the Governor's objections to the
contrary notwithstanding, the vote was:
Yeas-Messrs. Allen, Alexander, Brown, Cessna, Coleman,
Campbell, Hull, Logan, McRae, Neal of Liberty and Stearns of
Escambia-11.
Nays-Messrs. Armstrong, Boyd, Bridges, Cruse, Clark,
Duke, Gass, Gleason, Graham of Manatee, Graham of Leon,
Green, Gillis, Hiers, Hendry of Polk, Hendry of Taylor, John-
son, Jasper, Livingston, Molnnes, Mills, Orman, Oliveros, Paine,
Robinson, Sears, Thompson, Wyatt, Wells, Wallace and Worth-
ington-30.
So the bill did not pass.
An act to incorporate the Jacksonville Steam Fire Engine
Company No. 1, was read.
Upon the passage of the bill, the Governor's objections to the
contrary notwithstanding, the vote was:
Yeas-Messrs. Allen, Alexander, Brown, Cessna, Cruse,
Clark, Coleman, Elijah, Gleason, Graham of Leon, Hull, Hen-
dry of Polk, Johnson, Livingston, Logan, Mclnnes, Mills, Mc-
Rae, Neal of Jackson, Neal of Liberty, Oliveros, Stearns of Es-
cambia, Thompson and Worthington-24.
Nays-Messrs. Armstrong, Boyd, Bridges, Campbell, Frink,
Graham of Manatee, Green, Gillis, Hiers, Hendry of Taylor, Jas-
per, Orman, Richards, Robinson, Sears, Wyatt, Wells and Wal-
lace-18.
So the bill did not pass.
7

98

On motion, Mr. Thompson was excused from further attend-
ance on the Assembly until Monday next.
The following message was also received through the Secre-
tary of.State:
EXECUTIVE OFFICE,
Tallahassee, Fla., January 30, 1871.
Hon. J. C. GIBBs, Secretary of State:
SIR-The bill entitled An act concerning Limitations," which
originated in the Assembly and reached me after the adjourn-
ment of the Legislature, is herewith submitted without my sig-
nature for you to return at the next session of the Legislature
for further action. Either in the enrollment, or at some other
period of its transit, it has become so mutilated as to render it
of no practical use for the purpose for which it was evidently
intended. Sections 1, 2, 3, and 5 exhibit evidences of culpable
carelessness and haste, which should admonish to the employ-
ment of more competent clerks and more care on the part of
committees.
It is needless to specify the defects, as a single reading will
discover them to the most casual observer. I return the bill for
revision and correction.
Respectfully,
HARRISON REED, Governor.
Which was read.
Upon the passage of the bill, the Governor's objections to the
contrary notwithstanding, the vote was:
Yeas-None.
Nays-Messrs. Armstrong, Brown, Boyd, Bridges, Cessna,
Chalker, Cruse, Clark, Coleman, Campbell, Duke, Elijah, Gra-
ham of Manatee, Gillis, Hull, Hiers, Hendry of Polk, Hendry of
Taylor, Johnson, Jasper, Livingston, Logan, McInnes, Mills,
Neal of Jackson, Neal of Liberty, Orman, Oliveros, Paine, Rich-
ards, Robinson, Sears, Stearns of Escambia, Wyatt, Wells, Wal-
lace and Worthington-3'7.
So the objections of the Governor were unanimously sustained.
Mr. Jasper moved to adjourn until Monday;
Which was not agreed to.
Assembly bill No. 15, to be entitled an act to compel the erec-
tion of lawful fences,
Was read the third time.
SMr. Gleason moved that the bill be placed back upon its sec-
ond reading;
Which was agreed to.
On motion of Mr. Cessna, said bill was recommitted to the
Committee on Agriculture and ordered to be printed.
On motion of Mr. Cessna, the Assembly adjourned until Mon-
day, 4 o'clock, p. m.

MONDAY, January 15, 1872.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names :
Mr. S weaker, Messrs. Allen, Alexander, Armstrong, Butler,
Brown, Boyd, Cessna, Cruse, Clark, Coleman, Campbell, Duke,
Elijah, Gibson, Gleason, Graham of Manatee, Graham of Leon,
Green, Gillis, Hull, Hiers, Hendry of Polk, Johnson, Jasper,
Livingston, Mills, Neal of Jackson, Neal of Liberty, Orman,
Oliveros, Paine, Rhodes, Richards, Robinson, Sears, Wells and
Worthington-38.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Boyd, the reading of Friday's journal was
dispensed with, and the journal approved.
Mr. Clark offered the following memorial:
A memorial to the Postmaster General to establish mail ser-
vice from Jacksonvile to Sumptervill ;
Which was read and adopted.
Mr. Paine offered the following memorial to the Postmaster
General, requesting the re-establishment of Mail Service from St.
Augustine to St. Lucie;
Which was read and adopted.
Mr. Boyd offered the following resolution:
Whereas, It appearing that the duties of the Chief Clerk, since
the abolition of the office of Reading Clerk by the Assembly,
are too onerous, his only help being the Assistant Clerk; there-
fore,
Resolved, That the action of the Assembly dispensing with
the services of a Reading Clerk be, and the same is hereby re-
cinded, and that C. F. Mawby be declared elected to fill the po-
sition;
Which was read and adopted.
Mr. Johnson offered the following resolution:
Resolved, That a committee of three members of this Assem-
bly be appointed to call upon the Comptroller for statement of his
acts against the Sheriffs of this State, from January 1, 1866, to.
January 1, 1871, and report to the Assembly at an early day;
Which was read and adopted.
The Speaker appointed Messrs. Johnson; Oliveros and Elijah
said committee.
On motion of Mr. Cessna, Judge Goss of the Fifth Judicial
Circuit was invited to a seat within the bar.
The following bills were introduced:

100

By Mr. Gleason:
A bill to be entitled an act to provide for the distribution of
the Statutes of this State.
By Mr. Clark:
A bill to be entitled an act for the relief of Granville Beries.
By Mr. Cessna:
A bill to be entitled an act relating to the Agricultural Col-
lege Land Scrip; also,
A bill to be entitled an act relating to the Internal Improve-
"mnent System of this State.
Which were received and placed among the orders of the
,day.
The following committee report was received:
Hon. M. L. STEARNS, Speaker of Assembly:
The Judiciary Committee to whom were referred the follow-
ing bills report: That bill No- 28, entitled an act to change the
names of Mary Jane Shoemake and Laura Ann Boha:-mon and
make them heirs at law of James B. F. McKinney," is in their
"opinion unconstitutional. "Changing the names of persons," as
proposed, is not allowed, and to legitimatize and make certain
persons heirs at law of another by a special act of the Legisla-
ture, if not in express violation of the Constitution, is in violation
of the spirit and within the mischief of special legislation inhib-
ited by Sections 17 and 18, Article 4 of the Constitution.
Therefore the Committee recommend that the bill do not pass,
In the matter of bill for the relief of David R. Townsend.
County Judge of Lafayette county, and all other County Judges
similarly situated," the Committee recommend as a substitute
the accompanying bill entitled an act for the payment of County
Judges for services rendered from the first day of January, 1870,
to the nineteenth day of February, 1870; also,
Bills No. 30, 31, 32 and 35, without amendments and recom-
mend their passage.
W. H. GLEASON, Chairman.
E. M. GRAHAM,
CHARLES F. HIERS,
C. GILLIS,
SAMUEL BOYD.
"Which was read, and the accompanying bills placed among the
orders of the day.
The following message was received:
EXECUTIVE OFFICE,
Tallahassee, Fla., Jan. 12, 1872.
Ion. MI. L. STEARNS, Speaker of the Assembly :
SI : I have the honor to enclose for the consideration of the
Assembly, a communication of the officers of the Florida Insu-

	Title Page
	January 1872
	February 1872
	Appendix

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