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 Title Page
 January 1843
 February 1843
 March 1843
 Appendix














Group Title: Journal of the proceedings of the Legislative Council at its ... session.
Title: A Journal of the proceedings of the Legislative Council at its ... session
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 Material Information
Title: A Journal of the proceedings of the Legislative Council at its ... session
Alternate Title: Journal of the proceedings of the Legislative Council of the Territory of Florida at its ... session
House journal
Journal of the proceedings of the House of Representatives of the Legislative Council of the Territory of Florida at the ... session ..
Journal, &c
Physical Description: v. : ; 23 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: s.n.
Place of Publication: Tallahassee
Frequency: annual
regular
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Subject: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Dates or Sequential Designation: -23rd session (1845).
General Note: Description based on: 13th session (1835).
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 Related Items
Succeeded by: Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its ... session

Table of Contents
    Title Page
        Page A-1
        Page A-2
    January 1843
        Page A-3
        Monday, January 2
            Page A-3
            Page A-4
            Page A-5
            Page A-6
            Page A-7
            Page A-8
            Page A-9
            Page A-10
            Page A-11
            Page A-12
            Page A-13
            Page A-14
            Page A-15
            Page A-16
            Page A-17
            Page A-18
            Page A-19
            Page A-20
            Page A-21
            Page A-22
            Page A-23
            Page A-24
        Wednesday, January 11
            Page A-25
        Thursday, January 12
            Page A-26
            Page A-27
            Page A-28
            Page A-29
            Page A-30
        Friday, January 13
            Page A-31
            Page A-32
        Monday, January 16
            Page A-33
            Page A-34
        Tuesday, January 17
            Page A-35
            Page A-36
        Wednesday, January 18
            Page A-37
        Thursday, January 19
            Page A-38
        Friday, January 20
            Page A-38
            Page A-39
            Page A-40
            Page A-41
            Page A-42
            Page A-43
            Page A-44
        Tuesday, January 24
            Page A-45
            Page A-46
            Page A-47
        Wednesday, January 25
            Page A-48
            Page A-49
        Thursday, January 26
            Page A-50
            Page A-51
            Page A-52
        Friday, January 27
            Page A-53
            Page A-54
            Page A-55
            Page A-56
            Page A-57
        Monday, January 30
            Page A-58
            Page A-59
            Page A-60
            Page A-61
        Tuesday, January 31
            Page A-62
            Page A-63
            Page A-64
            Page A-65
            Page A-66
            Page A-67
            Page A-68
            Page A-69
            Page A-70
            Page A-71
            Page A-72
    February 1843
        Page A-73
        Thursday, February 2
            Page A-73
            Page A-74
            Page A-75
        Friday, February 3
            Page A-76
            Page A-77
            Page A-78
        Saturday, February 4
            Page A-79
            Page A-80
            Page A-81
        Monday, February 6
            Page A-82
            Page A-83
        Tuesday, February 7
            Page A-84
            Page A-85
            Page A-86
        Wednesday, February 8
            Page A-87
            Page A-88
            Page A-89
            Page A-90
            Page A-91
        Thursday, February 9
            Page A-92
            Page A-93
            Page A-94
            Page A-95
            Page A-96
            Page A-97
        Friday, February 10
            Page A-98
            Page A-99
            Page A-100
        Monday, February 13
            Page A-101
            Page A-102
            Page A-103
            Page A-104
        Tuesday, February 14
            Page A-105
            Page A-106
            Page A-107
        Wednesday, February 15
            Page A-108
            Page A-109
            Page A-110
            Page A-111
            Page A-112
            Page A-113
            Page A-114
        Thursday, February 16
            Page A-115
            Page A-116
            Page A-117
        Friday, February 17
            Page A-118
            Page A-119
            Page A-120
            Page A-121
        Saturday, February 18
            Page A-122
            Page A-123
            Page A-124
            Page A-125
            Page A-126
        Monday, February 20
            Page A-127
            Page A-128
            Page A-129
            Page A-130
        Tuesday, February 21
            Page A-131
            Page A-132
            Page A-133
            Page A-134
            Page A-135
            Page A-136
            Page A-137
            Page A-138
            Page A-139
        Thursday, February 23
            Page A-140
            Page A-141
            Page A-142
        Friday, February 24
            Page A-143
            Page A-144
            Page A-145
            Page A-146
            Page A-147
            Page A-148
        Saturday, February 25
            Page A-149
            Page A-150
            Page A-151
            Page A-152
        Monday, February 27
            Page A-153
            Page A-154
            Page A-155
        Tuesday, February 28
            Page A-156
            Page A-157
            Page A-158
            Page A-159
            Page A-160
            Page A-161
            Page A-162
    March 1843
        Page A-163
        Thursday, March 2
            Page A-163
            Page A-164
            Page A-165
        Friday, March 3
            Page A-166
            Page A-167
            Page A-168
            Page A-169
            Page A-170
            Page A-171
            Page A-172
        Saturday, March 4
            Page A-173
            Page A-174
            Page A-175
            Page A-176
            Page A-177
            Page A-178
            Page A-179
        Tuesday, March 7
            Page A-180
            Page A-181
            Page A-182
            Page A-183
        Wednesday, March 8
            Page A-184
            Page A-185
            Page A-186
            Page A-187
            Page A-188
            Page A-189
        Thursday, March 9
            Page A-190
            Page A-191
            Page A-192
            Page A-193
            Page A-194
        Friday, March 10
            Page A-195
            Page A-196
            Page A-197
            Page A-198
            Page A-199
            Page A-200
            Page A-201
            Page A-202
        Saturday, March 11
            Page A-203
            Page A-204
            Page A-205
        Monday, March 13
            Page A-206
            Page A-207
            Page A-208
            Page A-209
            Page A-210
            Page A-211
            Page A-212
            Page A-213
            Page A-214
            Page A-215
        Wednesday, March 15
            Page A-216
            Page A-217
            Page A-218
            Page A-219
        Thursday, March 16
            Page A-220
            Page A-221
            Page A-222
            Page A-223
            Page A-224
            Page A-225
            Page A-226
            Page A-227
            Page A-228
            Page A-229
            Page A-230
            Page A-231
            Page A-232
    Appendix
        Page B-1
        Page B-2
        Page B-3
        Page B-4
        Page B-5
        Page B-6
        Page B-7
        Page B-8
        Page B-9
        Page B-10
        Page B-11
        Page B-12
        Page B-13
        Page B-14
        Page B-15
        Page B-16
        Page B-17
        Page B-18
        Page B-19
        Page B-20
        Page B-21
        Page B-22
        Page B-23
        Page B-24
        Page B-25
        Page B-26
        Page B-27
        Page B-28
Full Text


'I
i


JOURNAL OF THE PROCEEDINGS


OF TH9



1E GISL CT I V E 0 UNCIL,


(' TB '


TERRITORY OF FLORIDA,


AT ITS
'I-I
FOURTH SESSION,


YEGfN AND HELD IN THE CIt~ OF TALLAHASSEE
, -1- A ^ ;*;* 1i ^-^


OIN .1UNDA-l,JANUARV *nd, 1843.


TA LL AL A S S'E E
J. KNOiWLES, fIRENT'ER-.SENTTIl T, OITK E
I S 3.


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S JOURNAL
OF THE PROCEEDINGS OF THE HOUSE OF REPRESENT-
ATIVES OF THE LEGISLATIVE COUNCIL OF THE TER-
RITORY OF FLORIDA, HELD AT THE CAPITOL, IN THE
CITY OF TALLAHASSEE, BEGINNING ON THE SECOND
S DAY O JANUARY, A. D. 1843.

MONDAY, January 2, 1843.
The House of Representatives met, and was called to order by
Hugh Archer, Chief Clerk of the former Legislative Council. The
roll was called under the Proclamation of his Excellency the Gov-
ernor,,and the following members answered to their names, viz:
From Calhoun-Francis Arnou.
Columbia-Jacob Summerlin.
Duval-J. B. Lancaster.
Gadsden-N. D. Zeigler.
t Hamilton-John L. Stewart.
Jackson-Joseph Irwin appeared, and claimed his seat.
"Leon-T.R.Betton, J. Knowles, A. Cromartie, D. M'Raeny.
", Madison-Charnick Selph.
SSt. Johns-D. Dummitt and Bnckingham Smith.
Walton-A. Turner.
There not being a quorum present, the House adjourned until to-
morrow, 12 o'clock.

TUESDAY, January 3, 1843.
The House met pursuant to adjournment, and there being no quo-
rum present, adjourned until to-morrow.

WEDNESDA1, January 4, 1843.
The House met pursuant to ad]jourumnenl, and the Journal of yes-
' .- lerday's proc-.,Jin s was read.
S The follo. irng ni, mbers were present, and took their seats, viz:
Fromh Ca'hi.'i,--Francis Arnou.
SColumbia-Jacob Summerlin.
Duval-J. B. Lancaster.
Q-. .Fr.,,i,,-l. EId.
S'i i/,t,-M,-.\.r. Z'iJer and Forman.
H.,iwltro-.-John L. Stewart.
Ja., 'uit-Josepih Irwin. *




'* 5 .



: "i' v .* i ; i M 5 4 ^ -x

















S JOURNAL
OF THE PROCEEDINGS OF THE HOUSE OF REPRESENT-
ATIVES OF THE LEGISLATIVE COUNCIL OF THE TER-
RITORY OF FLORIDA, HELD AT THE CAPITOL, IN THE
CITY OF TALLAHASSEE, BEGINNING ON THE SECOND
S DAY O JANUARY, A. D. 1843.

MONDAY, January 2, 1843.
The House of Representatives met, and was called to order by
Hugh Archer, Chief Clerk of the former Legislative Council. The
roll was called under the Proclamation of his Excellency the Gov-
ernor,,and the following members answered to their names, viz:
From Calhoun-Francis Arnou.
Columbia-Jacob Summerlin.
Duval-J. B. Lancaster.
Gadsden-N. D. Zeigler.
t Hamilton-John L. Stewart.
Jackson-Joseph Irwin appeared, and claimed his seat.
"Leon-T.R.Betton, J. Knowles, A. Cromartie, D. M'Raeny.
", Madison-Charnick Selph.
SSt. Johns-D. Dummitt and Bnckingham Smith.
Walton-A. Turner.
There not being a quorum present, the House adjourned until to-
morrow, 12 o'clock.

TUESDAY, January 3, 1843.
The House met pursuant to adjournment, and there being no quo-
rum present, adjourned until to-morrow.

WEDNESDA1, January 4, 1843.
The House met pursuant to ad]jourumnenl, and the Journal of yes-
' .- lerday's proc-.,Jin s was read.
S The follo. irng ni, mbers were present, and took their seats, viz:
Fromh Ca'hi.'i,--Francis Arnou.
SColumbia-Jacob Summerlin.
Duval-J. B. Lancaster.
Q-. .Fr.,,i,,-l. EId.
S'i i/,t,-M,-.\.r. Z'iJer and Forman.
H.,iwltro-.-John L. Stewart.
Ja., 'uit-Josepih Irwin. *




'* 5 .



: "i' v .* i ; i M 5 4 ^ -x










From Leon-T. R.Betton, J. Knowles,A. Cromartie, D. M'Raeny.
Jeferson-W. R. Taylor and James Scott.
Madison-Charnick Selph.
Monroe-A. Patterson.
St. Johns-D. Dummittand Buckingham Smith.
alton-A. Turner.
Nassau-J. H. Haddock.
Hillsborough-J. M. Palmer.
A quorum being present, on motion of Mr. Smith, Mr. Betton was
called to the Chair, when the House proceeded to the election of a
Speaker. On counting the ballots, Mr. Smith, of St. Johns, was de-
clared duly elected Speaker of the House.
Messrs. Knowles and Scott were appointed a committee to con-
duct the Speaker elect to the Chair, who thereupon returned his
thanks to the House in a short, appropriate address.
The Honorable Judge Douglas, Judge of the Middle District of
Florida, administered the oath to the Speaker; after which, the
Speaker administered the oath of qualification to the members pre-
sent.
On motion of-Mr. M'Raeny, the House proceeded to the election
of a Chief Secretary; and on counting the ballots, Hugh Archer
was declared unanimously elected to that office.
The House, on motion of Mr. Irwin, went into an election for
Sergeant-at-Arms, or Door-keeper; and on counting the votes, Mo-
ses Ellis was declared duly elected.
The oath of office was severally administered by the Speaker to
the Chief Secretary and Door-keeper.
Mr. Knowles offered the following resolution:
Resolved, That the Senate be informed that this House is now
organized by the election of the Honorable Buckingham Smith,
Speaker; Hugh Archer, Esq., as Chief Secretary; and Moses
Ellis, as Sergeant-at-Arms.
Which was adopted.
Mr. Betton offered the following resolution:
Resolved, That a committee of three be appointed by the Speaker
of this House, with a similar committee from the Senate, to wait
upon the Governor, and inform him that the Legislative Council is
now organized, and prepared to receive any message he may desire
to make.
Messrs. Betton, Floyd, and Scott, were appointed that committee.
The House then adjourned until to-morrow, 12 o'clock.


THURSDAY, January 5, 1843.
The House met pursuant to adjournment, and the Journal of yes-
terday's proceedings was read.
Mr. Pent, a member elect from the county of Dade, appeared,
presented satisfactory evidence of his election, was sworn, and took
his seat.





1 4


--,-- --- .. .
:--.











A message was received from the Senate informing the House
that that body was duly organized, and prepared for business.
Mr. Forman moved to reconsider the resolution, adopted on yes-
terday, declaring the House of Representatives to be organized.-
He assigned as grounds,
1st. That the election of Speaker, before any of the members
had taken the oath of office, was illegal.
2d. That a majority of the whole House is necessary to the
choice of Speaker.
3d; The swearing of members at the organization of the House
can only be legally done by the administration of the oath of office
by some judicial officer.
The Speaker appointed Mr. Betton to the Chair, during the con-
sideration of the motion aforesaid.
On the question of the passage of the motion for a reconsideration
of the resolution, adopted on yesterday, declaring the House of Rep-
resentatives to be organized, the yeas and nays were called by
Messrs. Knowles and Pent, and were as follows :
Yeas-Messrs. Betton, Cromartie, Dummett, Forman, Lancaster,
Knowles, M'Raeny, Patterson, Pent, Stewart, Summerlin, Turner,
and Zeigler-13.
Nays-Messrs. Arnou, Floyd, Haddock, Irwin, Palmer, Scott,
Selph, and Taylor-8.
So the motion prevailed.
Mr. Lancaster moved that some judicial officer be sent for to ad-
minister the oath of office to the members of the House present.
Which motion prevailed, and the members were severally sworn by
Cosam Emir Bartlett, Esq., a Justice of the Peace for Leon county.
Mr. Forman moved that a committee of three be appointed by
the Chairman, to investigate the proceedings of yesterday, and re-
port on to-morrow how far the House erred in going into an election
for officers, before the members were legally qualified-which mo-
tion prevailed.
Messrs. Forman, Floyd, and Knowles, were appointed that com-
mittee.
The House, on motion of Mr. Zeigler, adjourned until to-morrow,
12 o'clock.



FRIDAY, January 6,1843.
The House met pursuant to adjournment, and there being no quo-
rum present, adjourned until to-morrow.



SATURDAY, January 7, 1843.
The House met pursuant to adjournment, and there being no quo-
rum present, adjourned until Monday.








/ '











MONDAY, January 9,1843.
The House met pursuant to adjournment. The following mem-
bers answered to their names :
From Alachua-James Childs.
Calhoun-Francis Arnou.
Columbia-Jacob Summerlyn.
Duval-J. B. Lancaster, J. Broward.
Dade-Temple Pent.
Escambia-F. De la Rua.
Franklin--R. J. Floyd.
Gadsden-N. D. Zeigler, A.J. Forman.
Hamilton-John 'L. Stewart.
Hillsborough-Jobn W. Palmer.
Jackson-Joseph Irwin.
SJefferson-W. R. Taylor, James Scott.
Leon-T. R.Betton, A. Cromartie,J. Knowles, D. M'Raeny.
Madison-Chiarnick Selph.
Monroe-W. Patterson.
Nassau-John H. Haddock.
Santa Rosa-E. D. Amos.
St. Johns-Douglas Dummett, Buckingham Smith.
Walton-A. Turner.
There being a quorum present, the Journals of Thursday, Friday,
and Saturday last, were read and approved.
Messrs. Amos, of Santa Rosa, De la Rua, of Escambia, and Mr.
Broward, of Duval, were severally sworn by Cosam Emir Bartlett,
Esquire, a Justice of the Peace for the county of Leon, and took
their seats as members of the- House.
On motion of Mr. Lancaster, the committee appointed under Mr.
Forman's motion on Thursday last, were called upon for a report
thereon ; and Mr. Forman, from said committee, presented the fol-
lowing
REPORT:
The committee to whom was referred the investigation of the
proceedings of the House on Wednesday, the 4th instant, and to
report how far the House erred in going into an election for officers
before the members were legally qualified, beg leave to Report---
That upon an investigation of precedents, they find none to sustain
the House in its action on the 4th inst., in the election of Speaker
before the members were sworn in; nor do they conceive how any
act done by this body can be legal, when that body have not taken
the oath which constitutes them members. The officer to be elected
is an officer of the House. The organic law expressly stipulates
that the members, before they enter upon the duties of their respec-
tive offices, shall take an oath or affirmation to support the Consti-
tution of the United States. It is clear that one of the first duties
of the members elect is to organize the House; and the mere fact
of a certain number of individuals assemblling in the Capitol, does
not constitute them a branch of the Legislative Council until they









i *










have complied with all the conditions of the law which authorizes
the holding of such a Council. This principle being established,
and the House having no legal existence until members are legally
sworn, it is plain that no officer of this House could be elected be-
fore the organization of the same. Your committee, therefore, re-
commend the adoption of the following resolution :
Resolved, That all the proceedings of this House on Wednesday
last, after the calling of the roll, are null and void; and that conse-
quently the House should proceed to elect its officers, and proceed
according to the organic law. ARTHUR J. FORMAN,
JOSHUA KNOWLES."
Which was read.
Mr. Floyd, from the said committee, presented the following mi-
nority
REPORT:
"The undersigned, one of the committee, as it is designated, ap-
pointed on yesterday to inquire and make report respecting the pro-
ceedings heretofore had, preliminary to the organization of the
House, dissenting from the views of the other two members of the
committee, Messrs. Forman and Knowles, reports for himself-
That, after an examination of the law, he is satisfied it was not ne-
cessary for the members to have been sworn previous to the choice
of a Speaker, and organization of the House. The choice of a
Speaker, and.election of Clerks, is a mere incipient preliminary
act, proper to be done before the performance of the duties of Le-
gislation. The act of Congress relied on as directing the members
elect to be sworn, was passed in 1823 ; and if it is not virtually ab-
rogated and repealed by subsequent acts, yet it is considered it does
not require the oath to be taken before the choice of a Speaker.-
The terms of the act are, that the members of the Legislature and
other officers shall, before they enter on the duties of their respect-
ive offices, take an oath," &c. The duties" referred to in the act
are their Legislative duties. It is necessary for a member elect to
journey from his residence to the Capitol, so as to be here at the
meeting of the Legislature. It is as important and necessary, and
as vital to the fulfilment of his trust, as the election of Speaker.
Will it be pretended that before he proceeded to fulfil this duty-
before he entered upon it-before he mounted his horse, or other-
wise made his preparations to be here, he must take this oath ?-
Yet the argument contended for will lead to this conclusion. It is
as legitimate as that it was necessary before the choice of Speaker.
Those who regard the primary and principal object of the elec-
tion of members of this House was to select o(iri.:- and bestow
honors and perquisites, it is submitted, mistake their duties.. Our
duties are to legislate for the people, our constituents. If the House
choose, we could go on without a Speaker. No law imperatively
requires any such officer. We could choose one by a different
name, with powers different from those ordinarily exercised by a
Speaker. We could designate him Moderator, if we choose. The










undersigned considers the course of the majority of the members on
yesterday, in appointing the committee, and in abrogating what was
done the day previous, an outrage on the rights of the majority
which elected the Speaker. No one complains of-unfairness in
the election. Mr. Smith was run as a candidate, and it is believed
he exchanged his vote with his competitor. Since the election,
new light has been shed on the subject, it seems. It is supposed,
by the accession of other members since arrived, the then minority
are now the majority. To allow such pretences to subvert the
former action of the members-to permit the officer fairly elected,
legally elected and installed, now to be cashiered and displaced, to
satisfy the edicts, of party rancour, would be a gross injustice.-
Such a proceeding, in the outset of the session, would forebode
worse and more tyrannical courses in its progress.
How can the House deface and alter its records ? Two days
ago it informed the Senate it was organized, and had elected Mr.
Smith its Speaker, and Mr. Archer its Chief Clerk. Can it now
expunge that entry, and inform the Senate it was false or errone-
ous ? The undersigned is of opinion that Mr. Smith should take
his place as Speaker, and that the House should proceed to per-
form its duties, instead of squabbling about offices and officers ; and
that, if it does not-if a new majority is to thus alter and change
the past acts and decisions, that it becomes each individual mem-
ber to act as he deems most consistent, under a gross insult to his
constituents in his person, by the exercise of such arbitrary power
He adjures all to smother party feeling, and looks only to the good
of the country. All of which is respectfully submitted.
R. J. FLOYD.
Which was read.
Mr. Lancaster moved that the report of the majority of the com-
mittee, presented by Mr. Forman, be adopted. Which motion
prevailed.
Mr. Lancaster moved that the resolution appended to the report
of the majority of said committee, be adopted; and the ayes and
nays being called thereon, were as follows-
Yeas-Messrs. Amos, Betton, Broward, Childs, Cromartie, De
la Rua, Forman, Knowles, Lancaster, Pent, Steward, Summerlin,
Turner, and Zeigler-14.
Nays-Messrs. Arnou, Dummett, Floyd, Haddock, Irwin, McRa-
ney, Patterson, Scott, Smith, Selph, and Taylor, of Jefferson-11.
So the resolution was adopted.
On motion of Mr. Arnou, Mr. Childs, of Alachua, was called to
the Chair, and the House proceeded to the election of a Speaker.
On counting the ballots it appeared that Mr. Lancaster had received
fourteen votes, and he was declared duly elected. Messrs. Floyd
and Dummett were appointed a committee to conduct the Speaker
to the chair; who, before taking his seat, returned his thanks to the
House in a short but eloquent address.
The House then proceeded to the election of its officers, which
resulted in the election of Hugh Archer, Chief Secretary; Daniel










B. Fisher, Assistant Secretary; Wm. C. Bryan, Sergeant-at-Arms,
or Door-keeper; S. G. Perry, Foreman; Thomas B. Fitzpatrick,
Messenger.
The oaths of office were administered to the several officers
elected, by C. E. Bartlett, Esq., a Justice of the Peace, for the
County of Leon.
On motion of Mr..Betton, the House proceeded to the election of
a Printer; and on counting the votes, neither candidate having
received a majority, it was declared by the Speaker to be no
election.
On motion of Mr. Knowles, the House postponed the motion to
elect a Printer, un 'ito-morrow.
Mr. Betton offered the following resolution, viz.:
Resolved, That a committee of three be appointed by the Speaker
of this House, with a similar one from the Senate, to wait upon the
Governor, and inform him that the Legislative Council is now
organized, and prepared to receive any message he may desire to
make. Which was adopted; and Messrs. Betton, Taylor, and De
la Rua, were appointed that Committee.
Mr. Knowles offered the following resolution, viz.:
Resolved, That a committee of two be appointed by the Speaker,
to inform the Senate that this House is now organized and ready
to proceed to business. Which was adopted; and Messrs. Knowles
and Irwin were appointed that committee.
Mr. Forman offered the following resolution:
Resolved, That a committee of three be appointed to draw ltp
rules and regulations, for the Government of the House, and report
thereon accordingly; and that those of the last session be adopted
until others are substituted. Which was adopted; and Messrs.
Forman, Floyd and McRaeny were appointed said cornnnittee.
Mr. Knowles offered the following resolution :
Resolved, That the Secretary of the Territory be requested to
furnish each member of this body with a copy of the Journals of
both Houses of the Legislative Council at its last Session, with
copies of the Acts of the Legislative Council subsequent to the
compilation of Duval's Digest, with a copy of Duval's Digest, and
also a copy of the Organic Law.
The House then adjourned until to-morrow, 12 o'clock.

TUESDAY, JANUARY 10th, 1843.
The House met pursuant to adjournment, and the Journal of yes-
terday's proceedings was read.
Mr. Taylor, a member from Leigh Read County, appeared, was
sworn by C. E. Bartlett, Esq., a Justice of the Peace for the Coun-
ty of Leon, and took his seat.
The Committee appointed to wait on the Governor made the
following report:
The Committee appointed, with a similar one from the Senate,
to wait upon the Governor and inform him that the Legislative
2











Council is now organized and prepared to receive any message he
may desire to make, have the honor to
REPORT:
That they performed that duty this morning, and were informed
by His Excellency that he would transmit a written communication
in a few minutes. All of which is respectfully submitted.
TURBUTT R. BETTON, Ch'n.
The House received the following message from his Excellency
the Governor:
Gentlemen of the Senate and House of Representatives :
The assemblage of the representatives of the people, from whom,
according to the theory of our Government, all power emanates, is
at all times an interesting event. But the interest which it usually
excites, is greatly augmented on the present occasion, by the pecu-
liar situation of this Territory. Selected by the free suffrage of the
people to express their will, to your talents and fidelity they have
confided their most important interests, and to you they look with
merited confidence, for the adoption of such legislative measures as
may best advance their happiness and prosperity. In the discharge
of this important trust, I shall be happy to co-operate with you, and
render every assistance in my power for the accomplishment of this
desirable object.
The tide of prosperity which once flowed over our land, has re-
ceded, and has been followed by a universal derangement of busi-
ness, a depreciated currency, prostration of credit, and the general
embarrassment of the whole community. Although we have been
blessed with bountiful crops during the past year, and a general
system of economy and retrenchment is everywhere visible, yet such
is the depreciation of every article of domestic produce, but little
relief can be expected from this source at the present time. The
records of our Courts present a frightful picture of the indebtedness
of the people ; and during the past summer some instances occurred
of immense sacrifices of property sold under execution-sacrifices
equally destructive of the interest, both of the debtor and creditor,
and which seem to offer an impressive appeal to the Legislature to
interpose its conservative power to prevent in future the recurrence
of such evils. The force of this appeal will be more apparent, when
we trace to their origin the causes which have produced the present
embarrassment, and discover, in the former legislation of the coun-
try, the principal source of this depression. The incorporation of
banking companies, without capital, and with the extraordinary pri-
vilege of raising millions of money on the faith and responsibility
of the Territory; the expanded issues of these institutions, be-
yond their-capacity to redeem the paper thrown by them into circu-
lation; the great facilities afforded to individuals for procuring mo-
ney, and extending their credit, gave to every species of property a
fictitious value, and seduced even the most prudent and cautious into
wild and hazardous speculations. The subsequent depreciation of
this paper, to less than half of its original worth; the consequent









decline of property purchased on credit, at prices far beyond its
intrinsic value, have created embarrassments, which can only be
overcome by years of patient labor, industry, and economy. The
paper of our local Banks, having passed into general discredit, the
want of a circulating medium is daily experienced in the most or-
dinary transactions; and the demand of specie payments, or its
equivalent, universally made by the creditor, if rigidly enforced by
the process of the Courts, must result in the ruin and bankruptcy of
hundreds, who, under a liberal system of indulgence, would, in a few
years, be able to discharge all their pecuniary obligations, and save
their families from suffering and want. The impending ruin of the
country having been produced by indiscreet legislation, the people
have a right to claim protection from this evil, at the hands of their
representatives. The act entitled An act respecting executions,"
passed at the last session of the Legislative Council, has produced
partial relief, and saved from sacrifice much valuable property. But
its operation will expire by its own limitation on the first of March
next. It is believed that the relief which it affords is inadequate to
the necessities of the country, and that farther legislation is required
to supply the deficiency. I respectfully submit to your considera-
tion such additional measures of relief, as in your wisdom may seem
most appropriate. The present provision of the law which grants
a stay of execution by the payment of cost and ten per cent. on.the
amount of the judgment, every sixty days, appears to me to be highly
judicious, and should be retained in the future legislation on the sub-
ject. But, of itself, it is perhaps too limited, and I would therefore
suggest the propriety of providing for the appraisement of property
levied on by executions, and of specifying a value under which it
should not be sold. I would further recommend, that in cases of
sale under execution, the debtor, or any of his creditors who may
be dissatisfied with the price for which the property may be sold,
shall have the right, within a specified time, of redeeming it by pay-
ing to the purchaser the price given for the property, with legal in-
terest. These provisions, in addition to those of the existing law,
while they would relieve the debtor class of society, and enable
them ultimately to discharge their obligations, would be highly ben-
eficial to the creditor, by saving thousands of dollars which would
be irrevocably lost, by sacrificing property under execution, and dri-
ving the defendant to bankruptcy. It appears to me, that sound pol-
icy, as well as justice, requires the adoption of these, or similar
measures, to encourage the debtor, and stimulate him to active exer-
tion, for the discharge of his debts. Deprive him of hope, by refu-
sing relief, and the desperation of his fortune will, in many instances,
induce him to seek protection under the bankrupt law, which will
obliterate his debts, and secure to him the reward of his future labor.
Not having yet received the report of the banks of the Territory,
required by their respective charters to be made at the close of the
past year, 1 am unable, at present, to lay before you a detailed ac-
count of their condition. But I regret to inform you that no visible
improvement of their credit has taken place since the last adjourn-









meant of the Legislative Council. None of them have resumed
specie payments, and little hope is entertained that any of them will
be in a condition to do so within the next twelve months.
The Bank of Pensacola, it is believed, has suspended all opera-
tions, and its paper has ceased to circulate as a currency. The
assets of this institution, having either been squandered by prodigal
and injudicious expenditures, or removed beyond the limits of Flo-
rida, there will, it is believed, be nothing available from this source,
to pay the principal and interest of the Bonds, to the amount of five
hundred thousand dollars, endorsed by the Territory. No recent
demand has been made on this Government, either by the Bank of
the United States or the bond-holders, for the interest due-on these
bonds. The opinion which I had occasion to express, on this
subject, to the Legislative Council in my last annual message, and
in my correspondence with the agents of the bank of the United
States, and the agents of the bond-holders, so far from having un-
dergone any change whatever, has been fully confirmed by subse-
quent reflection; and although I can never give my sanction to the
odious and demoralizing doctrine of repudiation, and can never con-
sent to a barter of the honor of Florida to avoid any pecuniary res-
ponsibility, believing, as I do, that the bond-holders must first seek
redress from the stockholders of the Bank, before they can, with
propriety, look to the ultimate responsibility of this Territory, I
cannot recommend the adoption of any measure for their relief, un-
til they shall have pursued, to its full extent, the remedy which the
law affords them against the parties first liable on the bonds. Untilthis
is done, no responsibility, in my opinion, can rest on this Territory.
During the past year, the Union Bank of Florida has failed to
pay the interest due on the bonds of the Territory issued for its
accommodation, and on which its entire capital was raised. But no
demand has been made on the Territory for the payment of this in-
terest; and I indulge the hope that the Bank will hereafter be able,
as I am sure in good faith it is willing, to meet this engagement, and
save the Territory from any embarrassment which might arise from
its continued failure to do so.
Notwithstanding the large amount of liabilities which the Bank
has retired within the last twelve months, and the curtailment of its
circulation, which does not at this time exceed ninety-two thousand
dollars, its paper has fluctuated in value, and has circulated at a dis-
count of from two to three for one in specie. This extraordinary
depreciation of the notes of the Bank does not arise from the pres-
ent amount of its circulation, which might easily be absorbed in the
payment of its debts, but from the embarrassment and necessities
of its debtors, who have been frequently compelled to part with the
paper of the Bank, at the discount above mentioned, when they
might, and under other circumstances would, have paid it at par on
their notes in Bank.
The notes of the Southern Life Insurance and Trust Company
have nearly disappeared from circulation; and when disposed of in
rdxbaage for specie, they have passed at a discount even greater










Xhan that of the paper of the Union Bank. It has, however, a very
-small amount in circulation, which may readily be tiken up in the
payment of debts due that Institution. It is gratifying to witness
the laudable effJrt of this banking company to retire the certificates
guaranteed by the Territory. Since the last adjournment of the
Legislative Council, one hundred and fifty of these certificates, for
one thousand dollars each, have been returned by its agents to the
Executive, and have been cancelled, in conformity with the provis-
ions of the act entitled An act prescribing the manner of cancel-
ling the faith bonds and guarantees ;" which, with the five certifi-
cates for an equal amount each, surrendered during the last session
of the Council, leave outstanding and unredeemed, two hundred and
forty-five certificates for one thousand dollars each. From the suc-
cessful efforts heretofore made by this Institution, to take up this
paper, as well as from the assurance given by its agents, we may in-
dulge the hope that, in a short time, the whole number of these cer-
tificates will be retired, and the Territory relieved from all the res-
ponsibility it has assumed for this banking company.
A reasonable expectation may also be entertained that, in the pro-
cess of time, it will, under the management of its present able and
judicious agents, overcome its present embarrassments, and be pre-
pared to transact business in a manner profitable to itself, and useful
to the country.
From the view I have laid before you, of the present condition of
,the Banks of the Territory, now in operation, you will perceive
that neither of them can, at this time, afford the least facility to the
:business transactions of the country-that their notes are at so great
a discount, and so fluctuating in value, as to give insecurity and a
want of confidence in all who are compelled to receive them, in the
absence of a better currency. From this cause, and the great scarci-
ty of gold and silver, the circulation of the Territory is now confined,
in a great degree, to the paper of the Banks of the neighboring
States, many of which are of doubtful credit at home, giving mer-
ited distrust of the value of their notes here. The paper of these
Banks has either flowed into this Territory in the natural channel of
business, to fill the vacuum occasioned by the delinquency of our
own institutions, or it has been introduced by design, on the part of
their agents, to give it a wider circulation, and increase its credit
where the character of the Institution from which it issued is but lit-
tle known. From the repeated loss heretofore sustained by the peo-
ple of Florida in consequence of the sudden and unexpected explo-
sion of foreign Banks, having an extensive circulation among us, we
have reason to apprehend similar results hereafter, from the present
state of things.
The charter of the Bank of Florida, which has remained dormant
for a number of years, has recently been purchased by an individ-
ual, for the purpose of putting this Institution again in operation.
It is one of the safest and best charters which has ever been granted
in this Territory, and provides better than any other against an over-
issue, and the consequent depreciation of its paper. The capital










stock of this Bank is six hundred thousand dollars; and if put in
operation, and conducted according to the provisions of its charter.
it may afford all the facilities for commercial purposes, which will
probably be required in this Territory for many years. Books of
subscription for the stock, I understand, will be opened in a short
time ; and it is believed a sufficient amount of capital will be paid
in to enable the Bank to commence business. If successful, under
judicious management, the operations of this institution would give
renewed life and animation to business of every kind ; it would fur-
nish a sound currency for the country, and drive from circulation
the depreciated paper of our own Banks, as well as the paper of
foreign Banks of doubtful credit. A few weeks will develop the
views and intentions of this banking company. If the line of policy
which it may indicate for its government should be such as to jus-
tify a well-founded confidence that it will afford the facilities de-
manded by the necessities of the country, no other moneyed insti-
tution will be required. But if, on the contrary, it should be discov-
ered that this Bank will not afford a circulation based on specie or
its equivalent, adequate to the wants of the country, and to enable
the planters to find a market at home for their cotton, and other arti-
cles of domestic produce, I then respectfully suggest the propriety
of chartering another Bank, for the accomplishment of this desirable
end.
Past experience has shown us that this Territory does not require
a very large banking capital, and it now exhibits the dangerous and
fatal consequences of borrowing money from Banks, for any other
than commercial purposes. But the present condition of the coun-
try shows with equal force the necessity of some local institution of
this kind, to operate in exchanges, and furnish facilities for the pir-
chase of cotton. It is generally the interest of the planter to sell his
Scrop at the nearest market, where it will command a fair price; and
he should not be drawn from his ordinary avocation, and driven to
the necessity of shipping his cotton to a foreign market, from the
want of any advantage the Legislature can confer on the country.
Should it be deemed expedient to charter another Bank, with suffi-
cient guards and restrictions to prevent it at any time from issuing
paper beyond its means of redemption, thereby preventing effectually
all the evils attendant on a suspension of specie payments and a de-
preciated currency, I have every confidence that there is an ample
fund in the hands of individuals unemployed, which would be in-
vested in the capital stock of such an institution ; that it would very
soon be put in operation, and contribute greatly to relieve the press.
ent depressed condition of the country.
There is no portion of the United States where a banking institu-
tion with a limited capital is more required, or could be better sup-
ported, than in Middle Florida. Although the settlement of this
country is yet in its infancy, and improvement of every kind has
been greatly retarded by the seven years continuance of the Semi-
nole war, the export from two of the Gulf ports alone, during the pre-
sent year, is estimated at not less than one hundred and sixty thous.










and bags of cotton. This, even at the present depreciated value,
exceeds the sum of three millions of dollars, and would enable a
Bank to operate exclusively in exchange, to its own, and the general
advantage and convenience of the country.
I have endeavored, as far as practicable, to enforce the law passed
at the last session of the Legislative Council, entitled An act to
organize and regulate the militia of the Territory of Florida, and
repeal all former acts in relation to the same." A partial organization
has generally taken place throughout the Territory, and in some
counties the law has been executed with all the fidelity which the
situation of the country would admit. But in many others, there has
.been an apparent negligence, and a want of that military pride and
spirit, so essential to the discipline and usefulness of the militia. I
have used every effort in my power to obtain a report of the military
strength of the Territory, in order that the return requiredto be made
to the Adjutant General of the United States army, by the act of
Congress, passed in the year 1803, might be furnished. In this I
have been unsuccessful; in consequence of which, the Territory
will lose for another year the quota of arms and accoutrements di-
rected by the act of 1808 to be annually distributed among the mil-
itia of the several States and Territories of the Union, in proportion
to their numbers, to be ascertained by the returns made to the Ad-
jutant General, under the provisions of the act of 1803. Our delin-
quency in not making these returns for several years past, has expo-
sed us to the remark and just admonition of the General Govern-
ment. In the year 1840, my attention was specially called to this
subject by a letter from the Secretary of War, although I had pre-
viously done every thing in my power to comply with the provisions
of the act of 1803. In my last annual message, I presented this sub-
ject for the consideration of the Legislative Council, and urged in
forcible terms the necessity of providing by law, under appropriate
penalties, for neglect of duty or disobedience of orders, for a better
organization of the militia, and for the returns of military strength,
required by the act of 1803. But the act passed in pursuance of
this recommendation, having provided for no returns to be made
until after the company musters, which it requires to be held on the
first Saturday in January of the present year, the Generals of Bri-
gade have been unable to anticipate the time, and furnish them at an
earlier period. The law, so far as I have power to enforce it, shall
be rigidly executed ; and notwithstanding the apathy which gene-
rally prevails on this subject, I trust there will be in a short time an
organization of the militia of the Territory as perfect as the sparse
population of some portions of the country will admit; and that we
shall be enabled, during the present year, to furnish the returns to
the Adjutant General required by the act of Congress, and hereafter
receive regularly the proportion to which we are entitled, of the arms
and accoutrements provided for distribution by the bounty of the
General Government.
I present herewith for the information of the Legislative Council,
the annual reports of the Auditor and Treasurer of the Territory,










from which you will perceive that there was on the 17th day of
December 1842, a balance remaining in the Treasury (exclusive of
the School fund,) of $26,79 cents, and that the outstanding warrants
for claims on the Treasury, at the same time, amount to $16,483 41
cents. The expenses of the Territory for the prosecution of crim-
inals and other necessary expenditures, during the past year, have
exceeded the Revenue collected during the same period 3,526 00.
This increase of the public debt, will probably continue in the same
ratio from year to year, until the Legislature shall provide for an in-
crease of Revenue, or a diminution of the expenses of the Govern-
ment.
The report of the Auditor shews a balance due the Territory,
from delinquent officers, and other sources, amounting to $51,137,
22 cents. This sum embraces the delinquencies of the last ten
years, and far the greater number of the defaulters have died, ab-
sconded or become insolvent. The sum of $6,765 91 cents, ap-
pears to be due from the Government of the United States, and may
at some future day be collected. But with this exception, it is not
believed that five per cent 'will ever be realized from the whole bal-
ance reported to be due the Territory. I therefore deem it proper
to renew the recommendation contained in my last annual message,
to increase the revenue of the Territory, to an amount equal to its
annual expenditures, and the liquidation of all just demands against
the Treasury. This it is believed, may be done by a judicious and
equal system of taxation, without material inconvenience to any por-
tion of the people. The large grants of land owned principally by
individuals, non-residents, should be subjected to taxation in every
part of the Territory, in the same manner as smaller tracts. These
grants have had a tendency to prevent the settlement of the lands
which they cover; many of them containing hundreds of thousands
of acres, and by the assessment of a very small tax per acre, will
produce a considerable revenue to the Territory. Counties with a
very sparse population, without oppression or injustice to any one,
may yield a revenue nearly equal to that -of the most populous.
The extent of these grants affords no well founded argument, why
the land which they embrace, should not be taxed for the necessary
support of the Government. They are certainly no more entitled
to exemption than any tract of an eighth or quarter section of land,
purchased from the Government and settled by individuals. A sin-
gle year's revenue, derived from a very small tax on lands, would of
itself, be sufficient to discharge the entire debt of the Territory, and
the ordinary receipts of the Treasury, if properly directed, would it
is believed, be sufficient to defray the current expenses of the Gov-
ernment.
On this subject, however, I deem it proper here to invite the
particular attention of the Legislative Council, to the report of the
Auditor of the Territory, on the several sums, respectively stated
by the Auctioneers, as due from them, or paid into the Treasury
on account of the tax on auction sales. It will be discovered, and
perhaps not without surprise, that three auctioneers, in the City of










Tallahassee, have reported a revenue from sales at auction during
the past year, nearly equal to that reported by all other auctioneers
'in the Territory. When we consider the number of commercial
places., where business to a large amount is transacted; when we
consider the number of auctioneers, and the solicitude with which
those appointments are sought; and when we refer to the extensive
sales at auction of public property in different parts of the Territory,
during the past year, the result, as reported to the Auditor, without
explanation, is calculated to create a doubt whether there has not
been a want of accuracy in the returns of some of the auctioneers.
The importance of this branch of the revenue, requires a correspon-
ding vigilance and attention on the part of the Government, and
proper provisions should be made by law, to insure the fidelity of
the agents charged with its collection. At present, there is no check
whatever on the auctioneers. They are required to render quarterly
a report to the Auditor, of the amount of taxes accruing to the Ter-
ritory. These reports are frequently not made; and if the auctioneer
does not charge himself with the amount due the Territory, there is
no data except his own books, by which a charge could be entered
against him. As a remedy against this evil, which appears to me
to require immediate correction, I respectfully submit to the Legis-
lative Council, the propriety of providing, by law, for the appoint-
ment of a solicitor in each county, to be compensated by a limited
salary or by fees of office, whose duty it shall be to inspect the
books and accounts of all the auctioneers within his county, and
make a report of his proceedings, (at such periods as may be requir-
ed) to the Auditor of the Territory. It should also be the duty of
the solicitor to take the bonds and approve of the security to be
given by the auctioneers, and to prosecute all claims of the Territory
against delinquent receivers of the public money, within the county
for which he may be appointed.
By the adoption of this measure, the responsibility and prompti-
tude of all the receiving officers would be increased, and the interest
of the Territory greatly promoted.
The report of the Auditor is accompanied by numerous documents,
relative to the claim of J. Carter, late tax collector of the county of
Alachua. They are respectfully submitted without comment, to the
consideration of the Legislative Council.
I regret very much to inform you that the claims of our citizens,
against the General Government, for military services and supplies,
furnished the troops in the service of the United States, remain
unpaid. These claims, exceeding the sum of $800,000, were, more
than twelve months since, submitted to the most rigid scrutiny, and
were fully sustained by the favorable report of the agents of the
Government, appointed to examine them. Partial appropriations
were made for their payment during the last session of Congress,
but yet no part of them have been satisfied. This protracted and
vexatious delay of the Government in discharging obligations,
admitted to be just, has excited deep dissatisfaction on the part of
the claimants. After overcoming the numerous objections some-
3










times presented to their claims by the agents of the Government
and after Congress had appropriated money for their payment, they
had a right to expect a prompt satisfaction of their demands. But
so far, they have been disappointed in all their well-founded expec-
tations. To avoid further procrastination in rendering justice to
this class of our citizens, I respectfully r- .w_- r the propriety of
passing a resolution, at an early period of the session, requesting
our Delegate in Congress to bring this subject to the immediate
attention of the Government, and to urge the payment of these claims
without further unnecessary delay.
Believing that our criminal i,,i.i .i 1..... would be _.. il,
improved, and the cause of humanity promoted, by a counutation
of most of the penalties, provided by our statues, for confinement
and hard labor, for a term corresponding with the nature of the
(t.-j]..., I am induced to invite your attention to this subject, and to
recommend that application be made to Congress, through our Dele-
gate, for an appropriation to construct a Penitentiary, at such place
as may be deemed most eligible for that purpose. The certainty of
punishment, has been thought, by the most learned writers on the
subject, to be a far more efficient preventative of crime, than the
severity of the suffering to which the offender may be exposed.
There are few crimes in the catalogue of human offences, which
in my opinion, will justify the destruction of human life as an atone-
ment, yet there are many which approach so nearly to this degree
of criminality, as to render it somewhat difficult to discriminate
between them ; and when the penalty, prescribed by law, is discov-
eredto be disproportioned to the on'ence proven to have been commit-
ted, jurors will be inclined, from the best feelings of the human
heart, to acquit the offender. By substituting confinement to hard
labor, in such cases, the certainty of punishment, as well as the
ends of justice and humanity will be promoted.
The Legislative Council, during the session of 184,0, appointed
the Hon. ', n! ,I Marvin, Judge of the Southern Judicial District
of Florida, to revise the statutes of the Territory. In pursuance of
the wishes of the Legislative Council, he entered immediately upon
the execution of this important trust ; and I have received a letter
from this gentleman, informing me that he will be prepared to sub-
mit for your consideration, during the present session, the result of
his labors. The general plan and arrangement of the different sub-
jects embraced in the work, meets my entire approbation ; and from
the high reputation of Judge Marvin, for talent and research, I may
venture to recommend this production to your favorable consideration.
I have received a letter from the Secretary of the Treasury, in-
forming me that, in the distribution of the proceeds of the public
lands among the different States and Territories and the District
of Columbia, according to the provisions of the act of Congress ap-
proved the fourth of September, 1841, the proportion to which Flo-
rida is entitled, amounts to the sum of one thousand five hundred
and forty-five dollars ninety-six cents, which will be paid on the
the draft of the authorized Agent of the Territory. I have appoint-








19

ed Mr. George K. Walker of Tallahassee, the Agent to receive
this fund, to whom it will probably be remitted in a short time, and
will be subject to your appropriation.
I respectfully invite the attention of the Legislative Council, to
the situation of the lands appropriated by Congress for the use of'
schools in the Territory. This valuable endowment, which, under
judicious management, ought to produce an ample fund for the sup-
port of preparatory schools, as well as for a seminary of learning,
where the youths of Florida might receive complete educations,
without the necessity of resorting to foreign institutions, has been
greatly neglected, and the former legislation on this subject has pro-
duced nothing but confusion in the system, and waste of the proper-
ty. In 1828 an act was passed authorizing a lease of these lands,
during the continuance of the Territorial Government. In some of
the counties this act was carried into effect; in others, it appears ne-
ver to have been executed. The accompanying reports of the Trea-
surer on this subject, will show you the paltry consideration, for
which five sections of this land, (the whole amount reported,) was
leased, producing in the aggregate, the annual rent of $101,50.
Inconsiderable as this sum is, there remains due from these rents, the
sum of $371,50. The report of the Treasurer does not show the
situation of the residue of the school lands, which, including those
of the university, amount to more than seventy-five thousand acres,
within the settled portion of the Territory. It is due the present
incumbent of the Treasury Department, to say that he has been
but a few months in office, and that his report has been made from
the books and papers left by his predecessors. In 1832 an act was
passed repealing the act of 1828, and c.rif.:,i[-r; power on the in-
habitants of the several townships, to elect commissioners, annually,
to take charge of the sixteenth sections in their respective town-
ships, with power to protect them from waste, or intrusion, and to
rent them out for the term of one year. They were also empow-
ered to appropriate the rents to the support of schools.
By an act passed in 1834, the Judges of the County Courts were
authorized to appoint two- Commissioners to take charge of the six-
teenth sections within their respective counties, with powers simi-
lar to those conferred on the commissioners authorized to be elected
under the provisions of the act of 1832. How far this law has
been carried into effect, does not appear from any data within my
possession, but I have reason to believe that, in many of the coun-
ties, at least, no attention whatever has been paid to it.
In 1836, an act was passed making it the duty of the Teiritorial
Treasurer to demand and receive all sums then due, or which
might thereafter become due, for the rent of any of the school lands
within this Territory, and to require of the commissioners appoint-
ed under the several acts relating to the subject, a report of their
proceedings.
By another act passed in 1837, the Treasurer of the Territory is
required to seek out and prosecute all trespassers on any School lands
within the Territory, and to adopt such necessary measures as he











might think proper to obtain possession for the Territory, of any of
them wrongfully occupied by any one, and to lease them for the
term of one year. Both of the two last mentioned statutes require
the Treasurer to make a report of his proceedings under them to the
Executive, annually, to be communicated by him to the Legislative
Council. These acts are still in force, but I regret to say that they
appear to have been very imperfectly executed. And from the na-
ture of the duties imposed on the Treasurer, whose office and pres-
ence must necessarily be at the Capitol, it is almost impossible for
him to pay the attention to these various duties, which their import-
ance requires. The small amount due for the annual rent of many
of the quarter sections, as shown by the report of the Treasurer,
seems to be worth less than the labor and expense of making the
collection, and the extent of country over which the School lands
are dispersed, comprising every sixteenth section, and the two en-
tire Townships, one of which is located in different parts of the
Territory in tracts of sections, appear to render it entirely impracti-
cable for the Treasurer to perform the duties required of him, either
for the collection of the rents due the Territory, or the prosecution of
trespassers. I therefore recommend, that provision be made by law
to place all these lands, both the sixteenth sections and those grant-
ed by Congress for the support of a Seminary of Learning, under
the special protection of the county Courts of the different counties
in which the lands are situated; that those courts be required, at
their first terms during the present year, to issue process to the
Sheriff of their respective counties, to dispossess all intruders; that
they be authorized to lease out the Lands for a limited period,
(should it be deemed expedient;) to collect the arrearages which
may then be due, and appropriate the proceeds to the establishment
of public schools.
All the subsequent acts on the subject, tend to shew that the Le-
gislative Council, has not considered the lease of any of these
lands, under the provision of the act of 182S, as obligatory, and that
the intention has been to take possession of them, and make other
leases for a shorter period.
How far the contracts made by the Agents of the Territory, with
individuals for the occupancy of the School lands, may be binding,
is a legal question to be decided by the Courts. But where a right
of entry has accrued to the Territory, or to the inhabitants of the
several Townships, in consequence of the want of power on the
part of the Legislative Council, to make any other disposition of the
lands than that intended by Congress in making the grants, or for
any other cause whatever, possession should be immediately taken,
by some authorized agent, empowered to protect the property from
further trespass and damage. The County Courts composed of a
presiding Judge and Justices, coming from all parts of the different
counties, would generally possess the necessary local information,
and would be most disposed to guard these lands with proper vigilance.
The sum of 815 25-100 dollars, principally in Union Bank bills,
appears to have been collected, at different times, from the rent of









21

the lands described in the report of the Treasurer. This fund, de-
rived from the rent of certain sixteenth sections, should be appro-
priated to the education of children of the poor living within the
townships where those sections are situated. I would ...-;-.i the
propriety of adding to this the amount to which the Territory is en-
titled in the distribution of the proceeds of the public lands, under
the provision of the act of Congress, approved the 4th of September,
1841. By these means, the foundation might be laid for an institu-
tion which may become valuable to the country ; and the sum refer-
red to is too inconsiderable to be divided, and appropriated to any
other beneficial purpose.
It appears to me that the time has arrived when some effort should
be made to render available the liberal grants of the Government
for school purposes, within this Territory; and, humble as our first
attempts must be, for the accomplishment of this desirable object,
they may, in- time, be productive of interesting results. If they
should but afford the opportunity of acquiring the rudiments of ed-
ucation to those who would otherwise have remained in ignorance ;
if they should redeem one youthful mind from darkness and vice,
and inspire a noble emulation to pursue the path of learning and
morality-this alone would be an achievement worthy of our great-
est efforts. But in this unobtrusive sphere of life, genius is as often
found, as in the mansions of the rich and great; and at the obscure
institutions which we may be able to establish with our present lim-
ited means, many interesting youths may receive that spark of
knowledge, which, in mature life, may expand into brilliant light,
rendering the possessor useful to himself, and serviceable to his
country.
Fully impressed with the high importance of commencing the
establishment of public schools, without further delay, I cannot too
strongly recommend the subject to your consideration.
The accompanying report of the Commissioner, will enform you
of the present condition of the Tallahassee fund. The Capitol,
you will perceive, is yet in an unfinished condition, and is liable to
sustain much injury if permitted to remain long in that situation.-
During-the last session of Congress, a bill making an appropriation
sufficient for its completion, passed the House of Representatives,
but, from some cause, it was not acted on in the Senate. As there
can be no well founded objection to this measure, sustained as it is
by so many precedents, in making similar appropriations for other
Territories; we may indulge the hope that the bill will pass the
Senate during the present session of Congress, and that the build-
ing will be completed in time for the reception of the next Legisla-
tive Council.
During the past year, our frontier settlement experienced great
distress and suffering, from the depredation and murders committed
by the Seminole and Creek Indians. In the midst of these suffer-
ings, the termination of the war was formally announced. But with
this annunciation, peace was not restored and other outrages were
perpetrated, with undiminished ferocity.. Since, however, the sig-










nal chastisement inflicted on a band of these marauders, by a party
of citizens from Georgia and Florida, led by their gallant command-
er, Col. Bailey, no further disturbance has taken place. And al-
though I had but little confidence in any favorable result from the
late treaty with this treacherous and perfidious race, from recent
events, of which I have heard ',..il; 11l I entertain the hope,
that the Serninole war, after seven years continuance, is now ap-
proaching its final termination. From report, I have heard that a
large party of the Indians, who, by the late treaty, would have beer.
permitted to remain in Florida for the present, at least, by i. ;.;i
within the limits of the country assigned them on the Peninsula,
from certain indications of bad faith on their part, have been sur
prized and captured by the troops of the government, and that they
will in a short time, be transported to Arkansas. While they stood
with arms in their hands, to resist the power of the Government, to
enforce one treaty which they had solemnly made, and treacherous
ly violated, little reliance could be placed in the sincerity of their
promises, to observe the provisions of another. And while they
are permitted to occupy any portion of Florida, no permanent peace
or security can be enjoyed by the frontier inhabitants. But the en-
ergetic measures recently pursued, to defeat their treacherous de-
signs, and to compel them to emigrate in pursuance of the treaty of
Paine's Landing, (the violation of which on their part, produced the
war,) gives cheering hopes of relief; and if continued with the en
ergy characteristic of our gallant army, they must in a short time,
be successful, and restore peace and tranquility to our Southeacstern
border, so long harassed and disturbed, by the ravages of this sat
guinary war.
From the South-west, the most gratifying intelligence has been
received.. The expedition recently led, by Lieut. Col. Hitchcock,
of the United States army, in pursuit of the fugitive Creeks, it is
believed, will be entirely successful, and that portion of the coun-
try which has been so long the theatre of murders and depredations,
will be relieved from the presence and annoyance of this savage
band. The success of this enterprise will enable its gallant com-
mander, to receive from his government the reward of merit, and
from the people of Florida, an expression of their gratitude.
Although we have no voice in the Councils of the Nation, yet,
as a portion of the American people, we cannot be indifferent spec-
tators of passing events, calculated either to elevate, or depress our
national character. We may therefore, without impropriety, express
our cordial concurrence in the public sentiment, so generally man-
ifested by the American people, in favor of an appropriation by Con-
gress, to refund to General Jackson the fine (of one thousand dol-
lars, with interest) inflicted on him, for an alleged contempt, by the
Judge of the United States District Court, for the District of Louis-
iana, in the year 1815. Faithful history will relate, in after times,
the cause which led to this extraordinary proceeding. It will rep-
resent the Hero of New-Orleans, at the head of his victorious ar-
my, bowing in humble submission to the constituted authority of his










country, even in the person of a civil tyrant. Posterity will do jus-
tice to the fame of Andrew Jackson, but the National honour de-
mands, for its own vindication, that the amount of this fine, impos-
ed for an I-.'i ...I act, which led to one of the most glorious achieve-
ments of our country, should be refunded from the public Treasury.
I therefore recommend the adoption of a resolution, expressive of
the sentiments of the Legislative Council on this subject.
I have been requested by the Governor of the State of Mississip-
pi, to lay before you and to invite your attention to the Resolution
passed by the Legislature of that State at its last session, relative
to the annexation of Texas to the United States, a copy of which
is herewith enclosed.
At the request of its President, I also present, for your conside-
ration, a copy of a memorial adopted at a meeting held-at Washing-
ton, during the past Summer, by the American Colonization Society.
It contains many important facts relative to the situation of the set-
tlement at Liberia, and cannot fail to be read with interest by the
Legislative Council, though we may not be prepared to afford the
assistance which he so earnestly solicits, in behalf of that infant
settlement.
As the representatives of the people of Florida, I tender you my-
sincere I .... 1 .i1',. on the reformation of morals so generally
produced by the influence of associations to promote the cause of
Temperance. There are no institutions of the present day more
productive of useful and beneficial results to society, and they pre-
scot just claims to the encouragement and support of the friends of
morality and virtue.
In the midst of pecuniary embarrassment and distress, our heart-
felt gratitude, to the Giver of all blessings, is due, for the abundant
crops and general good health we enjoyed during the past year. A
continuation of these blessings, with the economy acquired by the
experience of the past will, in a few years, redeem the people of
this Territory from all difficulties, and restore their former success
and prosperity. ( i, c:..-1 with this pleasing hope, we may pass
the ordeal of the present, and look forward with confidence to the
dawn of a brighter and happier day.
Your fellow-citizen,
R. K. CALL,
T F : ., January the 5th, 1843. Governor of Florida.
Which was read and five hundred copies ordered to be printed.
On motion of Mr. Betton the House proceeded to go into an elec-
tion for printer.
Mr. Floyd moved that a Committee of two be appointed to wait
on Messrs. Arnou and Pent (who are confined to their rooms by in-
disposition) and receive their votes before the election be de-
clared; which motion prevailed, and Messrs. Cromartie and Scott
were _i.'.."; '-.1 that Committee.
On motion of Mr. Forman, the election was postponed until the
Committee appointed to call on Messrs. Arnou and Pent reported
their votes.










The Speaker laid before the House the following communication .
THE HON. J. B. LANCASTER,
Speaker of the House of Representatives.
The Honorable the House of Representatives of the Legislative
Council of Florida, now in session, are most respectfully invited to
attend the Anniversary Meeting of the Tallahassee Total Abstinence
Society, to be held in the Presbyterian, Church, on Tuesday, the
10th instant, at 6 o'clock, P. M. Wm. G. BURGEss, Sec'y.
Which was read, and the invitation therein contained, accepted.
Mr.,Floyd offered the following resolution:
Resolved, That a Committee of three be appointed to enquire
into the loss of the Government of furniture purchased for the use
of the Legislature, and that they be authorized to 'make arrange-
ments for the furnishing of the House.
Which was adopted, and Messrs. Floyd, Smith and Zeigler were
appointed that Committee.
Mr. Forman from the Committee appointed to draft rules for the
government of the House made the following report :
The undersigned, a Committee appointed by the House of Repre-
sentatives, to prepare suitable rules for the government of the
House, beg leave respectfully to
REPORT:
That your committee have examined the rules adopted at the last
session of the Legislature, and are of opinion that the same should
be adopted by this House for the government of the present session,
with the following amendments, viz:
Rule 10th. Amended by placing the word messenger" in place
of sergeant-at-arms.
Rule 12th. Every motion made and seconded, shall be reduced
to writing, delivered in at the table and read, before the same be
debated.
Rule 29th. After the word dated." After a bill shall have been
reported amended, it shall again be in order for its second reading.
Rule 38th. The word engrossed" stricken out and enrolled'
substituted,
Rule 39th. The secretary," in place of clerk," and messen-
ger," in place of sergeant-at-arms, substituted.
Rule 42d. The secretary, assistant secretary, foreman, messen-
ger and door-keeper, shall be severally sworn by a judicial officer
of the Territory. [Here insert the oath.]
All of which is respectfully submitted.
ARTHUR J. FORMAN, Ch'n.
R. J. FLOYD,
D. McRAENY.
Which was received, read and adopted, and one hundred copies
ordered to be printed.
The Committee appointed to call on Messrs. Arnou and Pent for
their votes for Printer, reported that they had performed that duty.
On counting the ballots, Joshua Knowles was declared duly elected
Printer of the House.










Mr. Forman, by leave of the House, offered the following reso-
lution:
Resolved, That at the end of the session of the Legislative Coun-
cil, each member of the House do deliver to the Committee on
Claims their accounts for stationery for their rooms, with their cer-
tificates thereon, of the correctness thereof-which resolution was
adopted.
Mr. Patterson offered the following resolution :
Resolved, That the members of the House of Representatives
are fairly entitled to stationery to the amount of thirty dollars, and
that a further sum is unnecessary.
Mr. Betton moved to amend said resolution by striking out the
word thirty," and inserting "forty."
The yeas and nays were called on the proposed amendment, and
were as follows:
Yeas-Mr. Betton-1.
Nays-Mr. Speaker, Messrs. Amos, Broward, Childs, Cromartie,
De la Rua, Dummett, Floyd, Forman, Haddock, Irwin, Knowles,
M'Raeny, Palmer, Patterson, Scott, Selph, Smith, Stewart, Summer-
lin, Taylor of Jefferson, Taylor of Leigh Read, Turner, and Zeigler
-24.
So the amendment proposed was lost.
Mr. Floyd moved to amend the resolution by striking out the
word thirty," and inserting ten ;" which was lost.
On the question of the adoption of the resolution, the yeas and
nays being called by Messrs. Lancaster and Knowles, were as fol-
lows :
Yeas-Messrs. Betton, Cromartie,De la Rua, Dummett, Knowles,
M'Raeny, Palmer, Patterson, Selph, Smith, Stewart, Summerlin,
Taylor of Leigh Read, Turner, Zeigler-15.
Nays-Mr. Speaker, Messrs. Amos, Broward, Childs, Floyd, For-
man, Haddock, Irwin, Scott, Taylor of Jefferson-10.
So the same was adopted.
The House then adjourned until to-morrow, 12 o'clock.

WEDNESDAY, January 11, 1843.
The House met pursuant to adjournment, and the Journal of yes-
terday's proceedings was read.
Mr. C. Taylor moved that a committee of three be appointed to
enquire into the reason of the change of the name of the Connty of
Mosquito, to that of Leigh Read, which motion prevailed, and
Messrs. C. Taylor, Betton and Dummett, were appointed that com-
mittee.
Mr. Knowles gave notice that on an early day he will ask leave to
introduce a bill to be entitled an Act in relation to Executions.
Mr. C. Taylor presented a petition from sundry inhabitants of
Mosquito county praying for the establishing a County Seat in that
county &c, which was received, read and referred to s select com-
mittee, consisting of Messrs. C. Taylor, Zeigler and Irwin.
Mr. Child presented a Petition from sundry citizens in East









Florida, praying for the passage of a law organizing a new county
beginning at the mouth of the Withlacoochie, &c, which petition
was read and referred to a select committee, consisting of Messrs.
Child, McRaney and Amos.
Mr. Arnou offered the following Preamble and Resolution:
WHEREAS, in accordance with an act of Congress, passed at its
last session, a Foreman has been elected as an officer of this House;
and that his duty be more fully defined :
Resolved, That the Foreman so elected, be required to perform
the services of Enrolling and Engrossing Clerk.
Which was adopted.
Mr. Forman offered the following resolution:
Resolved, That the Messenger of the. House be instructed to
purchase, and have hung up in this House, the latest and best maps,
civil and military, of the Territory of Florida, he can procure, under
the direction of a committee of this House.
Which was adopted; and Messrs. Forman, Knowles, and Smith,
were appointed that committee.
Mi. Knowles offered the following resolution :
Resolved, That the proper officer furnish seats for the Editors of
Florida, within the bar of the House.
Which resolution was not adopted.
Mr. Scott offered the following resolution:
Resolved, That some convenient place in this Chamber be se-
lected by the Speaker for the use of reporters.
Which was adopted.
Mr. Irwin offered the following resolution:
Resolved, That the Chief Secretary be authorized to subscribe
for five copies of each of the newspapers published in Tallahassee,
to be furnished each member of this House during the present ses-
sion.
Which was adopted.
The House then adjourned until to-morrow, 10 o'clock.

THURSDAY, January 12, 1843.
The House met pursuant to adjournment, and there being a quo-
rum, the Journal of yesterday's proceedings was read.
Mr. Smith, of St. Johns, presented a protest against the election
of Mr. Knowles as Printer of this House, and moved to have the
same spread on the Journal.
Mr. Forman presented a protest against the protest offered by
Mr. Smith, and moved to have the same also spread on the Journal.
Mr. Betton moved that the protests, and motions for spreading
them on the Journal, be laid on the table for the present. The yeas
and nays being called on Mr. Betton's motion, by Messrs. Smith and
Taylor, were as follows:
Yeas-Mr. Speaker, Messrs. Amos, Betton, Child, Cromartie, De
la Rua, Floyd, Forman, M'Raeny, Patterson, Stewart, Summerlin,
Tavlor of Mosquito, Turner, Zeigler-15.









Nays-Messrs. Arnou, Broward, Dummett, Haddock, Irwin,
Scott, Selph, Smith, Taylor of Jefferson-9.
Mr. Knowles,.according to previous notice, obtained leave to in-
troduce a bill to be entitled. '* An act in relation to Executions ;"
which was read the first time, ordered for a second reading on to-
morrow, and 100 copies ordered to be printed.
Mr. Broward gave notice that he would, at an early day, ask leave
to introduce a bill to regulate the fisheries on the St. Johns river,
within the limits of Duval county.
The Speaker appointed the following Standing Committees:
Judiciary. Corporations.
Messrs. Child, Messrs. Forman,
Floyd, Scott,
Smith, Betton,
Betton, Dummett,
De la Rua. Amos.


Militia.
Messrs. Dummett,
Stewart,
De la Rua,
Turner,
Broward.

Finance and Public Ac
counts..
Messrs. Betton,
Taylor of Mosquit(
Irwin,
Zeigler,
Patterson.

State of the Territory.
Messrs. Knowles,
Arnou,
Stewart,
Taylor of Jeffersoi
Summerlin.

Claims.
Messrs. Taylor of Jeffersol
Pent,


Currency.
Messrs. Patterson,
Broward,
Zeigler,
Taylor of Mosquito
Arnou.

Agriculture.
Messrs. Irwin,
Zeigler,
o Summerlin,
Broward,
Amos.

Internal Improvements.
Messrs. Arnou,
Stewart,
Taylor of Mosquito
Broward,
n De la Rua.

Elections.
Messrs. Pent,
n Turner,
M'Raeny,









Turner, Haddock,
Selph, Cromartie.
Haddock.
Enrolled Bills.
Schools and Colleges. Messrs, M'Raeny,
Messrs. Floyd, Child,
Cromartie, Floyd,
Patterson, Smith,
Dummett, Taylor of Jefferson
Scott.
The Speaker laid before the House a communication enclosing
the proceedings of the contested election in St. Johns County. Mr.
Smith moved that they be referred to the Committee on Elections
for early report; Objections being raised to the propriety of the
motion as coming from a party interested, the motion was with-
drawn by Mr. Smith and immediately thereupon renewed by his
colleague, Mr. Dummett of St. Johns, which motion prevailed.
The Speaker also laid before the House the following report of
the Honorable Judge Marvin :
To the Honorable the Senate and House of Representatives of the
Territory of Florida :
At the session of the Legislative Council in 1841, the undersign-
ed was appointed to digest, revise, and arrange the statutes of the
Territory, and was requested to report the result of his labors to the
then next succeeding Council. The undersigned reported his ina-
bility to comply with that request to the last Council, and time was
given him to the present session in which to make his final report.
He has now the honor to report, and herewith transmit to the Le-
gislative Council, the following bills, which, if passed into Laws,
will constitute the Revised Statutes of Florida." The bills are
entitled Chapters, and denominated as follows :
Account, Administration, Advertisements, Appeals, Apprentices,
Arbitrations, Assignments, Attachments, Attorneys at Law, Auction-
eers, Banking, Bastardy, Bills of Exchange, Bonds,.Cattle, Certio-
rari, Chancery, Commissions, Contempts, Constables, Conveyances,
Coroner, Corporations, Costs, Counties, County Boundaries, County
Clerks, County Commissioners, County Revenue, County Survey-
ors, County Treasurer, Courts, Crimes, Criminal Proceedings, Dep-
ositions, Descents, District Attorney, Divorce, rDower, Draining
Lands, Ejectment, Elections, Escheats, Estattes, Estrays, Evidence,
Executions, Fees, Fences, Ferries, Fines, Forcible Entry'and De-
tainer, Frauds, Freedom, Free Negroes and Mo!alttois, Fugitives
from Justice, Gaming, Guardian and Ward, Habels Cirpus; Insane
Persons, Interest Jails, Joint Obligations, Judgmn-ins arid Decrees,
Jurors, Justices of the-Peace, Justices' Courts. Laniilurd and Ten-
ant, Laws, Library, Limitations, Marks and Brands, lMarriages, Me-










chanics, Militia, Miscellaneous Provisions, Mortgages, Notaries
Public, Oaths, Official Oaths, Official Records, Partition, Partner-
ships, Patrol, Perpetuating Testimony, Physicians, Poor Persons,
Posse Comitatus, Practice, Quo Warranto, Rents, Replevin, Resig-
nations, Revenues, Revised Statutes, Roads, Salvage, Seamen,
Schools, Secretary of the Territory, Securities, Set-offs, Sheriff,
Ships and Vessels, Slaves, Surrogates, Treasury Department,
Weights and Measures, Wills, Witnesses, Writs.
The Rlevised Statutes" are. intended to embody all such sta-
tutes, and such only, as are of a general and permanent nature.
Such of the English acts of Parliament as have become incorpo-
rated in our general system of laws, and have been found, upon
experience, to be valuable emendations of the common law, are
reported in the revised statutes. All other English or British sta-
tutes are abolished.
The alterations in the present system of laws, proposed to be
effected by the adoption of the Revised Statutes, will appear upon
an examination of the bills themselves. In order, however, to a
just understanding of the bills reported, it may be rrecessary to in-
form the Council, in limine, that the Revised Statutes propose to
abolish the preserkt system of County Courts throughout the Terri-
tory. The County Courts, as courts of law, have long been consid-
ered as a useless appendage of our judicial establishment. The
Superior and Justices' Courts are fully competent to the task of ad-
ministering justice in all its ordinary forms. To supply theplace
of a County Court, the Revised Statutes recommend the election
in each county of a board of County Commissioners, who shall
possess every power necessary to the regular transaction of county
business ; and the appointment, in each county, of an officer to be
denominated a Surrogate, who shall have power to take the proof
of wills, grant letters testamentary and of administration, appoint
guardians to minors and insane persons, and generally to perform
the duties of a Court of Probate. The jurisdiction' of Justices'
Courts, in the collection of debts, is extended to one hundred dol-
lars, and a ready mode of appeal to the Superior Court provided.
In drafting the various bills submitted, the undersigned has kept
constantly in view the great change which, it is hoped, will soon
be effected in our political relations, by the organization of a State
government. He has therefore, in one or two instances, anticipa-
ted that important event, and has reported bills and sections, deem-
ed now unnecessary, but which will become highly useful after
that event shall have occurred.
The chapter entitled Revised Statutes" contains a section
which repeals every statute of the Territory of a general and not
private or local nature, in force at the time the revised statutes are
made to take effect. This repeal is subject to such exceptions, re-
strictions and limitations, as will effeLtually secure the rights of
individuals and avoid public inconvenience.
If the revised statutes shall he adopted. it is provided, that they
shall take effect from and'after the first day of May, 1844. Time









is thus given to print, distribute and examine them, and a session
of the Legislative Council will intervene to correct any errors or
supply any omissions that may occur in them, before they will be-
come operative as laws.
In order to a just and full perception of the meaning, policy or
relation of any part of the revised statutes, some previous general
general knowledge ofthe whole may be necessary. But it would
be tedious to give in the report, a syllabus of the whole body of
these statutes. The undersigned therefore suggests that it will
give him pleasure as he may have opportunity, to communicate
freely with any committee or member of the Legislative Council,
on the subject of the bills reported by him.
The undersigned has taken great pains to create and preserve a
general system and harmony throughout the whole body of the re-
vised statutes, and to render them as perfect as possible. He is
fully conscious that they are capable of many additional improve-
ments which the wisdom of the Council will suggest.
But he has discharged the trust reposed in him according to the
best of his abilities. He has labored with ardor and dilligence to
improve the laws of his country ; and to its representatives he now
submits the results of his labor to be disposed of as they may think
the best interests of the country require.
All of which is respectfully submitted. WM. MARVIN.
Which was read, and laid on the table.
The following communication was received from the Secretary
of Florida:
OFFICE OF THE SECRETARY,
Tallahassee, January 11th, 1843.
lon. J. B. Lancaster, Speaker of the House of Representatives :
Sir: In compliance with a resolution of your honorable body,
adopted on Monday last, I transmit, for the use of each member of
the House, copies of all the acts and journals called for by said
resolution ; also, of Duval's Compilation, and of the Organic law.
With the exception of the acts of 1841, (of which there are only
21 copies left in my office) the number of the various documents
sent for the use of the House, will be found, I believe, to be com-
plete. Very respectfully,
Your obedient servant,
THOSE. H. DUVAL,
Sec'y of Florida.
Which was read.
Mr. Stewart presented the petition of Bryant Sheffield, praying
for the extension of a charter to establish a Ferry near the White
Sulphur Springs, across the Suwannee river, &c. ; which was read',
and referred to a select committee, consisting of Messrs. Stewart,
Summerlin, and Haddock.
Mr. Haddock offered the following resolution:
Resolved, That the Secretary procure, or cause to be procured,










forthwith, the bill or bills of stationery bought in this House some
days preceding its present organization ; and that so much of the
said stationery as is found necessary, be immediately put to the use
for which it seems to have been intended.
Which resolution was lost.
The House then .,lj.,rii.l until to-morrow, 11 o'clock.

FRIDAY, JANUARY 13th, 1843.
The House met pursuant to adjournment and there being a quo-
rum present, the journal of yesterday's proceedings, were read,
amended and approved.
Messrs. Scott and Taylor were allowed leave of absence, after
to-day, until Thursday next.
Mr. Knowles gave notice that he would, on some future day,'ask
leave to introduce a bill, to be entitled An act to amend the charter
of the Bank of Florida."
Mr. De la Rua gave notice that he would, on some future day,
ask leave to introduce a bill, to be entitled An act to define and
enlarge the number of Senatorial districts."
Mr. Taylor, of Mosquito, gave notice that he would, at an early
day, ask leave to introduce a bill relative to the pilotage on the bar
of the St. Johns in the county of Duval.
Mr. Smith gave notice that he will, on some future day, ask leave
to introduce a bill for changing the time of holding the Superior
Courts of East Florida.
Mr. Child gave notice that he would, at a future day, ask leave
to introduce a bill for the subdivision of the Senatorial districts.
Mr. Irwin presented a petition from John Davis, of Jackson
county, praying that his dwelling-house and certain out-houses, on
lots within the corporate limits of the town of Marianna, be declar-
ed without the limits of said corporation, and not subject to its ordi-
nances.
Which was read and laid on the table.
Mr. Patterson offered the following resolution:
Resolved, That the Secretary be authorized to purchase the
necessary stationery for the use of the House at the lowest rates;
and that he present his bill, with a certificate of its correctness, to
the committee.
Which resolution was adopted.
Mr. Knowles offered the following resolution:
Resolved, That the resolution adopted on Tuesday last, declaring
the members of this House fairly entitled to thirty dollars worth of
stationery, &c., be rescinded.
Which resolution was adopted ; and the resolution offered by Mr.
Pattersonon Tuesday last, was, by leave of the House, withdrawn
by that gentleman.
Mr. Child offered the following resolution:
Resolved, That so much of the Governor's message as relates
to the fine imposed on General Jackson, at New Orleans, be referred
to a select committee.









Which was adopted; and Messrs. Child, Smith and Forman,
were appointed that committee.
Mr. Forman offered the following resolution:
Resolved, That so much of the Governor's message as relates
to the Indian war, be referred to the committee on the state of the
Territory ;- that so much of the Governor's message as relates to
the currency, and the suspension of specie payments by the banks,
be referred to the committee on the currency ;-that so much of the
Governor's message as relates to the charters of banks and.other
corporations, be referred to the committee on. corporations ;-that
so much of the Governor's message as relates to the militia, be
referred to the committee on militia ;-that so much of the Govern-
or's message as relates to the Capitol, and- the reports of the
Auditor and Treasurer, and the accounts of the Commissioner of
Tallahassee, be referred to the committee on finance and public
accounts ;-that so much of the Governor's. message as relates to
education and school lands, be referred to the committee on schools
and colleges ;-that so much of the Governor's message as relates
to the claims of our citizens against the United States, be referred
to the committee on claims ;-that so much of the Governor's mes-
sage as relates to judicial affairs and the laws, be referred to the
committee on the judiciary.
Mr. Floyd offered the following resolution:
Resolved that a committee of three be appointed,by the Speaker
with power to send for persons and papers ; and that they be in-
structed to enquire how many of the bonds of the Union Bank of
Florida, guaranteed by the Territory of Florida, have been disposed
of, and at what rate, whether the said bonds have been sold or
hypothecated, whether any now remain unsold, and if so, the
amount, and in whose hands the same are; and that they report to
this House as soon as practicable, either by bill or otherwise.
Which was adopted ; and Messrs. Floyd, Scott and Knowles,
were appointed that committee.
Mr. Knowles offered the following resolution:
Resolved, That the sergeant-at-arms be authorized to furnish an
additional number of chairs for the use of this House.
Which was adopted.
Mr. Scott offered the following resolution:
Resolved, That the documents accompanying the Governor's
annual message, be printed for the use of this House, and one hun-
dred copies be furnished.
Which was adopted.
His Excellency, the Governor, transmitted to the House the fol-
lowing Message, inclosing the annual report of the Union Bank of
Florida :
Gentlemen of the Legislative Council:
I present herewith a copy of the annual report of the Union Bank
of Florida, shewing the condition of that Institution on the 31st day
of December, 1842. R. K. CALL,
Tallahassee, January 12, 1843. Governor of Florida.










Which was read, referred to the Committe. on Corporations, and
100 copies of the account current. of the Union Bank ordered to be
printed.
The Governor also transmitted to the House the following com-
munication:
'TALLAHASSEE, 13 January, 1843.
Gentlemen of the Senate and House of Representatives:
I have the satisfaction to announce to the Legislative Council,
that I have just received a letter from Lieut. Col. Hitchcock of the
United States Army, communicating the gratifying intelligence of
the complete success of his late expedition against the fugitive
Creek Indians. After encountering difficulties and delays, which
could only have been overcome by the energy and perseverance of
that gallant officer, on the morning of the 10th inst. the entire num-
ber of that savage band, which has so long harassed our frontier
settlements, was induced to embark at the Ocklockonnee, on board of
a steamboat which has already transported them to Cedar Keys, from
whence, it is believed, they will be immediately shipped to Arkan-
sas.
The result of this enterprise will be a memorable event in the
history of the Seminole war. It has been attended with more com-
plete and signal success, than any other expedition conducted against
the savage enemy. All apprehension of danger is now removed-
not an Indian remains: The last sound of the war whoop has been
heard on our South-western Border, and peace and security are
permanently restored in that quarter.
I congratulate you on this interesting event, and recommend the
adoption of a resolution expressing, in appropriate terms, the thank's
of the Legislative Council to Col. Hitchcock, and his gallant offi-
cers and men, for the important services they have rendered on this
-occasion.. R. K. CALL,
Which was read. Governor of Florida..
On motion, the House adjourned untilMonday, 12 o'clock.


MONDAY, JANUARY 16th, 1843,
The House met pursuant to adjournment, and a quorum being
present, the Journal of Friday's proceedings was read.
Mr. C. Taylor gave notice that he would, at a future day, ask
leave to introduce a bill to be entitled An act to change the name
of Mosquito county to that of Carroll."
Mr. Broward gave notice that he would, at an early day, ask
leave to introduce a bill to disqualify all persons convicted of felo-
ny, or other infamous crimes, from voting at any election held for
the purpose of electing civil officers for the Territory of Florida.
Mr. Arnou offered the following resolijn :
Resolved, That to expedite business, this House do order, as a
standing rule for the present session, that the regular hour of meet-
ing shall be at 11 o'clock, A. M., and the hour of adjournment at 2
5










o'clock, P. Mh...unless an adjournment should at any time before that
hour be ordered by ite Houie.
Which resolution was adopted.
Mr. Floyd ol'ered the following resolution:
Resolved, That the Governor of this Territory be, and he is here-
by requested to communicate to the House of Representatives such
plan or system for the promotion of Education in the Territory of
Florida, as in his judgment would be appropriate; and also provi-
ding a suitable disposition of the University Lands, and the differ-
ent sixteenth sections in said Territory.
Which was read thefirst'time, and ordered for a second reading
to-morrow.
Mr. Irwin offered the'following resolution:
Resolved, That the Secretary of Florida be requested and re-
quired, if within his powei, to furnish each member of this House
with a printed copy of all laws of Congress relative to Florida,
passed subsequent to the year one thousand eight hundred and thir-
ty-seven.
Which was adopted.
Mr. Child, from the select committee to whom was referred the
petition signed by sundry citizens of Alachua county, praying the
organization of a new.county in East Florida, reported a bill to be
entitled "An act to organize a county to be called Amaxura"-which
was concurred in, the reported bill read the first time, and ordered
for a second reading to-morrow.
Mr. C. Taylor, from the select committee appointed to inquire into
the change of the name of Mosquito County, made the following
REPORT:
The Select Committee appointed to inquire into the change of the
name of Mosquito county to that of Leigh Read, beg leave to Report:
They have performed that duty and have ascertained that, at the
last session of the Legislature, a bill for that purpose was passed
by both Houses of the Legislative Council, which was signed by
the Speaker of the House, f Representatives, and President of the
Senate-it was certified as passed by the Secretary of the Senate,
but no certificate of the clerk of the House is placed on it. They
have been informed by his Excellency the Governor, to whom ap-
plication has been made by your committee, that the bill above re-
ferred to, was first brought into the Executive office about ten days
after the adjournment of thelast session, at a time when the Exec-
utive could not legally approve it, and when, by force of law, it was
a nullity.
Your committee also applied to Hugh Archer, late Chief Clerk
on the same subject, and were informed by him that some days after
the adjournment, he found said bill in the desk of one of the Clerks,
which he took to the Executive, who refused to sign it, as the Le-
gislative Council was not then in session. Your committee, believ-
ing the facts above stated, derived from the sources mentioned, to
be authentic, ask to report a resolution for the adoption of the Le-
gislative Council.









Resolved, by the Legislative Council of the Territory of Florida,
That the name of Mosquito County has not been changed by any
law of the land; and that the same is, and of legal right ought to
be, called by the name of Mosquito County."
All of which is respectfully submitted.
C. TAYLOR,
D. DUMMETT.
Which was concurred in, and the resolution ordered for a second
reading to-morrow.
The House then adjourned.


TUESDAY, January 17, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Child moved that the communication from the Hon. William
Marvin, together with the documents accompanying the same, be
referred to a joint select committee, to consist of eight members of
each House.
Which was agreed to, and Messrs. Child, Taylor of Jefferson,
Betton, Amos, Forman, Floyd, Smith, and Dummett, were appointed
a committee on the part of the House. Ordered, that the same be
sent to the Senate.
Mr. Floyd gave notice that on some future day he will ask leave to
introduce the following bills, viz:
A bill to be entitled An act to authorize the Judges of the Su-
perior Court to remove criminals in certain cases therein mentioned."
A bill to be entitled "An act in relation to Garnishees."
A bill to be entitled An act to amend the Attachment Laws in
this Territory."
Mr. Arnou gave notice that he would, at some future day, ask
leave to introduce a bill to be entitled An act to amend an act reg-
ulating the mode of proceeding on attachments."
Mr. Zeigler gave notice that he would, at some future day, ask
leave to introduce a bill to be entitled An act to authorize Ihe
guardian of Patrick Augustus M'Griff, (minor,) to sell a certain
tract of land belonging to said minor."
Mr. Turner moved that the committee appointed on the 10th in-
stant to inquire into the loss of the Government of furniture pur-
chased for the use of this House, and to make arrangements for the
furnishing the same, be called on to say, viva voce or otherwise, how
far they have progressed in the performance of that duty-which
motion was agreed to, and Mr. Floyd, from said committee, asked
for and obtained further time.
Mr. Betton gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled An act to incorporate the
Exchange Bank of Tallahassee."
Mr. Broward, pursuant to previous notice, obtained leave to in-
troduce the following bill:









A bill to be entitled An act respecting the Fisheries on the St.
Johns river, in the county of DuvaL"
Which was read the first time, and ordered for a second reading
to-morrow.
Mr. Amos gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled An act to establish a county
site in and for the county of Santa Rosa."
Mr. Taylor, of Mosquito,. pursuant to previous notice, obtained
leave to introduce a bill to be entitled An act respecting pilotage,"
which was read the first time, and ordered for to-morrow.
Mr. Knowles, agreeably to previous notice, obtained leave to intro-
duce the following bill, viz :
A bill to be entitled An act to amend the charter of the Bank
of Florida;" which was read the first time, and ordered for a second
reading to-morrow.
Mr. Zeigler gave notice that he would, on some future day, ask
leave to introduce a bill-to be entitled An act to incorporate the
Quincy Light-Horse Company."
The following message was received from the Senate :
SENATE CHAMBER,
January 16th, 1843.
To the Hon. the Speaker, and Gentlemen of the House of Represen-
tatives :
The Senate have appointed a joint select committee, consisting
of Messrs. Baltzell, Walker, Smith, Yonge, and Haughton, to act
with a like committee of the House, upon the communication of the
Hon. Judge Marvin, in relation to the revised statutes of the Terri-
tory. Very respectfully,
STHOS. T. LONG, Sec'y Senate.
Which was read, and laid on the table.
Mr. Child moved that the order of the House, appointing a com-
mittee of eight members of the House to act with a like committee
from the Senate upon the communication from the Hon. William
Marvin, be reconsidered-which was agreed to.
MIr. Knowles moved that the resolution of the Senate appointing
a select committee of five to act with a similar one from the House,
in relation to the communication of the Hon. Judge Marvin, be
amended by striking out "five," and inserting eight," so as to read.
a joint select committee of eight members of each House.
Which motion was agreed to, and ordered to be certified to the
Senate.
Mr. Taylor, from the select committee to whom was referred the
petition of sundry citizens of Mosquito county, praying the estab-
lishment of a county site, reported the following bill, viz:
A bill to be entitled "An act to establish a county site in Mosqui-
to county;" which was read the first time, and ordered for to-mor-
.row.
,Mr. Turner offered the following resolution:










Resolved, That the Door-keeper be instructed to hire a servant
to cut wood, make fires, and bring water for the use of the Aquse,
during the balance of the present session.
Which was adopted.
ORDERS OF THE DAY.
A bill to be entitled An act to organize a county to be ..lirJul
Amaxura," was read a second time, and referred to the Committeei.
on the State of the Territory.
A resolution calling on his Excellency the Governor to communi-_
cate to this House a plan or system for promoting Education in the,
Territory of Florida, &c., &c., was read a second and third time,
the rule being waived, and adopted.
A resolution reported by the select committee to whom was re-
ferred the motion of Mr. C. Taylor, inquiring the cause of the
change of the name of Mosquito County, was read a second time,
and ordered to be engrossed for a third reading to-morrow.
Mr. Cromartie was, on motion of Mr. Betton, allowed leave of
absence until Friday next.
The House then adjourned until to-morrow.


WEDNESDAY, January 18, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Broward, pursuant to previous notice, obtained leave to intro-
duce a bill entitled An act in addition to the acts now in force
prescribing the qualification of voters in the Territory of Florida."
Mr. Smith gave notice that he would, on some future day, ask
leave to introduce a bill for the relief of the heirs of Pablo Sabate,
late of St. Johns County, deceased.
Mr. Arnou, pursuant to previous notice, obtained leave to intro-
duce a bill to be entitled An act to amend an act regulating the
mode of proceeding in Attachments."
Mr. Knowles, from the Committee on the State of the Terriory,
made the following report:
The Committee on the State of the Territory, to which was re-
ferred the bill to be entitled An act to organize a county to be called
Amaxura," report the same back to the House without amendment.
J. KNOWLES, Chairman."
Which was concurred in.
Mr. Smith moved that wherever the word Amaxura occurs, the
word Hernando" shall be inserted instead thereof-which was
agreed to, and said bill ordered to be engrossed for to-morrow.
ORDERS OF THE DAY.
An engrossed resolution respecting the County of Mosquito, was
read and laid on the table.
A bill to be entitled "An act respecting Pilotage," was read a
..second time, and referred, to a select committee. Messrs. Floyd,










Pent, Arnou, De Ia Rua, Betton, and Patterson, were appointed that
committee.
A bill to be entitled "An act to establish a county site in Mosquito
county," was read a second time, and ordered to be engrossed for
to-morrow.
A bill to be entitled An act respecting the Fisheries on the St.
Johns river, in the county of Duval," was read a second time, and
referred to the Committee on Internal Improvement.
A bill to be entitled An act to amend the charter of the Bank of
Florida," was read a second time, and referred to the Committee on
Corporations.
The House then adjourned.



THURSDAY, January 19, 1843.
The House met pursuant to adjournment and a quorum being
present, the Journal of yesterday's proceedings was read.
The House, on motion of Mr. Taylor of Mosquito, adjourned un-
til to-morrow, 10 o'clock.



FRIDAY, January 20, 1843.
The House met pursuant to adjournment, and there.being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Smith, pursuant to previous notice given, obtained leave to
introduce a bill to be entitled An act for the relief of the heirs of
Pablo Sabate, deceased ;" which was read the first and second time,
(the rule being waived,) and laid-on the table.
Mr. Arnou gave notice that he would, on a future day, ask leave to
introduce a bill to be entitled An act to alter and change the time
of holding the election for Representative in the Legislative Coun-
cil from the county of Calhoun."
The Speaker laid before the House the following communication
from the Secretary of Florida :
OFFICE OF THE SECRETARY,
Tallahassee, January 18th, 1842.
Hon. J. B. LANCASTER,
Speaker of the House of Representatives :
Sir-By a resolution of the House, adopted on Monday last, the
Secretary of the Territory was requested to furnish each member
with a printed copy of all the laws of Congress, relative to Florida,
passed subsequent to the year 1837." It is out of my power to com-
ply with this resolution of the House, as there are only a few copies
of the laws in question now in my office.
If the matter should be deemed of sufficient importance to war-
rant the expense, I would respectfully suggest to the House the










Pent, Arnou, De Ia Rua, Betton, and Patterson, were appointed that
committee.
A bill to be entitled "An act to establish a county site in Mosquito
county," was read a second time, and ordered to be engrossed for
to-morrow.
A bill to be entitled An act respecting the Fisheries on the St.
Johns river, in the county of Duval," was read a second time, and
referred to the Committee on Internal Improvement.
A bill to be entitled An act to amend the charter of the Bank of
Florida," was read a second time, and referred to the Committee on
Corporations.
The House then adjourned.



THURSDAY, January 19, 1843.
The House met pursuant to adjournment and a quorum being
present, the Journal of yesterday's proceedings was read.
The House, on motion of Mr. Taylor of Mosquito, adjourned un-
til to-morrow, 10 o'clock.



FRIDAY, January 20, 1843.
The House met pursuant to adjournment, and there.being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Smith, pursuant to previous notice given, obtained leave to
introduce a bill to be entitled An act for the relief of the heirs of
Pablo Sabate, deceased ;" which was read the first and second time,
(the rule being waived,) and laid-on the table.
Mr. Arnou gave notice that he would, on a future day, ask leave to
introduce a bill to be entitled An act to alter and change the time
of holding the election for Representative in the Legislative Coun-
cil from the county of Calhoun."
The Speaker laid before the House the following communication
from the Secretary of Florida :
OFFICE OF THE SECRETARY,
Tallahassee, January 18th, 1842.
Hon. J. B. LANCASTER,
Speaker of the House of Representatives :
Sir-By a resolution of the House, adopted on Monday last, the
Secretary of the Territory was requested to furnish each member
with a printed copy of all the laws of Congress, relative to Florida,
passed subsequent to the year 1837." It is out of my power to com-
ply with this resolution of the House, as there are only a few copies
of the laws in question now in my office.
If the matter should be deemed of sufficient importance to war-
rant the expense, I would respectfully suggest to the House the








39

propriety of adopting a resolution, providing for the immediate
printing of a sufficient number of copies, for the use of the Legis-
lative Council. Very respectfully,
Your obedient servant,
THOSE. H. DUVAL,
Sec'y of Florida.
Which was read, and laid on the table.
Mr. Child, from the Judiciary Committee, made the following re-
port:
The Committee on the Judiciary beg leave to report a bill to be
entitled An act to fix the times of holding the Superior Court in
the District of East Florida.' All of which is respectfully submit-
ted. J. CHILD, Chairman."
Which report was concurred in, the bill reported read the first
time and ordered for to-morrow.
Mr. Stewart from the select committee appointed to consider the
petition of Bryant Sheffield, made the following report:
"The committee to which was referred the petition of Bryant
Sheffield, asking an amendment to a charter establishing a ferry
on the Suwanee river, ask leave to report the following bill, viz:
A bill to be entitled An act to amend an act entitled an act,
to authorize Bryant Sheffield to establish a ferry across the Suwa-
nee river, at the upper Mineral Springs, known as the White Sul-
phur Springs.' Approved 4th March, 1842.
JOHN L. STEWART, Chairman."
Which report was concurred in, the reported bill read the first
time and ordered for to-morrow.

ORDERS OF THE DAY.
A bill to be entitled An act in relation to Executions,' was ta-
ken up and ordered to be placed among the orders of the day for
Wednesday next.
A bill to be entitled 'An act in addition to the acts now in force,
prescribing the qualification of Voters in the Territory of Florida,'
was read a second time and referred to the committee on elections.
A bill to be entitled 'An act to amend an act, regulating the
mode of proceeding in attachment,' was read a second time and
referred to the committee on the Judiciary.
An engrossed bill to be entitled An act to establish a County
Site in Mosquito county,' was read a third time and passed.
Ordered that the title be as stated.
An engrossed bill to be entitled An act to organize a county to
be called Hernando County,' was read a third time and passed.
Ordered that the title be as stated.
The House adjourned until Monday 12 o'clock.









MONDAY, January 23, 1843.
The House met pursuant to adjournment, and there being a quod
'rum present, the Journal of FriiJ.y'i proceedings was read.
On the motion of Mr. Smith, of St. Johns, that under the direction
of this I-ouse, at its4last meeting, a motion was made on a bill en-'
titled An act for the relief of the heirs of Pablo Sabate, deceas-
ed," that the rule be waived, and the same be read a second and a
third time, and be put upon its passage, which bill was not read
a third time, or put upon its passage, as directed therefor-moved;
that said hill be read a third time, and put upon its passage to-day.
Which motion prevailed.
Mvr. Irwin moved that the communication of the Secretary of
Florida in relation to ithe laws of Congress relative to Florida;
passed subsequent to the year 1837, be taken from the table, and
that the same be referred to a joint select committee of three mem-
bers from each House.
Which motion prevailed, and Messrs. Irwin, Zeigler, and Sum-
merlin, were appointed that committee.
Mr. Taylor, of Mosquito, gave notice that he will, at a, future day,
ask leave to introduce a bill to be entitled An act to authorize
William Faill to -establish a Ferry across the St. Johns river, from
Enterprize to Fort Mellon."
Mr. Cromartie gave notice that he would, on some future day,
ask leave to introduce a bill to be entitled An act to authorize E. G.
Miller to establish a Ferry across the Ocklockonnee river."
Mr. De la Rua gave notice that he would, on some future day,
ask leave to introduce a bill to be entitled An act to repeal an
act entitled an act to prevent the future migration of free negroes
or mulattoes to this Territory, and for other purposes, approved 5th
March, 1842 ;" and to revive an act entitled An act to prevent
the future migration of free negroes or mulattoes to this Territory,
and for other purposes, approved 10th February, 1832."
Mr. Taylor, of Jefferson, presented a petition from sundry indi-
viduals, citizens of Jefferson County, praying for the establishing
:a boundary line between Georgia and Florida, &c.; which was
read, and referred to the Committee on the State of the Territory.
Mr. Smith, from St. Johns, introduced the following resolution:
Resolved, That so much of the Governor's message as refers to
the account of Jesse Carter, late Collector of Alachua county, with
the accompanying documents, be referred to the Committee on
Claims, with instructions to report by bill or otherwise.
Which was adopted.
Mr. Summerlin offered the following preamble and resolution :
WHEREAS, Columbia County has, since the assignment of rep-
resentation, by act of Congress, to the various Counties in this
Territory, greatly increased, and is still increasing, in population :
And whereas, the present population of said County, is sufficiently
large to entitle it to two members, in the House of Representatives
of the Legislative Council: Therefore,
Be it resolved by the Governor and Legislative Council of the











Territory of Florida, That the Delegate in Congress be requested
to use his, best efforts to procure the passage of an act of Congress,
allowing said County an additional member to the House of Repre-
sentatives."
Which was read the first time and ordered for to-morrow.
Mr. Broward, of Duval, offered the following preamble and
resolution :
WHEREAS bonds to the amount of three millions of dollars have
been issued by the Governor and Legislative Council of the Terri-
tory of Florida to the Union Bank of Florida, five hundred thous-
and dollars to the Bank of Pensacola, and four hundred*thousand
dollars to the Southern Life Insurance and Trust Company, com-
monly called Faith bonds ;-and whereas the Territorial Legisla-
ture of Florida does not, and never did, possess the power to bind
the people of Florida for the payment of said bonds-
Be it therefore resolved, by the Senate and House of Representa-
tives of the Legislative Council of the Territory of Florida, That
the people of Florida are not legally or morally responsible for, and
will not pay the amount, or any part thereof, of the aforesaid bonds
issued by the Governor and Council, as aforesaid."
Which was read the first time, and ordered for to-morrow.
Mr. Pent, from the Committee on Elections, made the following
report:
The committee on elections, to whom was referred the memorial
of John L. Philips of St. John's county, claiming a seat in the House
of Representatives of the Legislative Council, leg leave to report :
They have had said memorial with the accompanying exhibits,
under consideration, and have to state that the letter of Bucking-
ham Smith in said memorial mentioned, does not accompany the
said memorial and other exhibits. That it no-where appears to
your committee, that the document marked 'A.' purporting to be a
notice to Buckingham Smith Esq., by the memorialist John Lott
Philips, of an intention of said Philips to contest the right of said
Smith, to a seat in the House, mainly on the ground that said Smith
was not a resident of said county of St. John's, six months previous
to the day of election, was ever read to said Smith, or in any other
way notified to him. Your committee are aware, however, as a
matter made public through the newspapers, that said Smith did re-
ceive such notification, and it satisfactorily appears from the affida-
vits filed with the memorial,.and taken in accordance with that no-
tification, that said Buckingham Smith, Esq. is not an inhabitant or
resident of St. John's county, but that at the last October election,
he actually voted in and resided in Columbia county.
The facts above stated, have induced your committee to look in-
to the laws, and to enquire whether residence within the county
for which a representative is chosen and returned, is a necessary
qualification for such representative. After examination, they find
in the 2d sec. of An Act concerning the election of members to
the Legislative Council of the Territory of Florida, passed Nov. 22d
6










1828," a provision requiring a residence in the district for which
any person shall be a candidate, of at least six months previously
to the day of election ; ( see Duvals compilation, p. 357.) But it is
apparent also, that by the 3d. sec. of an act, approved Feb. 13, 1831
entitled An act to amend an act concerning the election of mem-
bers of the Legislative Council of the Territory of Florida," the
said 2d sec. above referred to is repealed, (see Duval's comp. p. 356.)
And your committee have found no other law of the Legislative
Council, having a particular bearing on the subject.
Your committee also beg leave to refer to the 10th sec. of an act
of Congress, entitled "An act to amend the several acts for the es-
tablishment of a Territorial government in Florida," to be found in
the pamphlet of laws relative to the Territory of Florida, at page 36,
which seems to render inhabitation within the Territory one year
next before the election of a member of the Legislative council, a
necessary qualification. Besides which, it is not perceived that
Congress has imposed any other qualifications, but has left the sub-
ject for the action of the Legislative Council.
There is no allegation that Mr. Smith was not an inhabitant of
the Territory, or that he had not resided therein one year next pre-
ceeding his election. Nor is it denied that he received a greater
number of votes of the qualified voters of St. John's county, than
the memorialist. Your committee therefore have arrived at the con-
clusion, that Mr. Smith is a member of this House, from the county
of St. John's, duly elected, and entitled to his seat.
They therefore ask the adoption of the following resolution, by
the House : and ask, to be discharged from further consideration of
the subject. All of which is respectfully submitted.
TEMPLE PENT, Chair'n.
Resolved, That Buckingham Smith, Esq. is a member of this
House, lawfully elected and returned from the county of St. Johns,
and that John Lott Phillips Esq. of said county, who by his memo-
rial has asked and claimed the seat of said Smith, take nothing by
the prayer of his petition.
Which was concurred in, and the resolution adopted.
Mr. Arnou, from the Committee on Internal Improvements, to
whom was referred a bill to be entitled An act regulating the
Fisheries on the St. Johns river, in Duval county," made the fol-
lowing report:
The committee on Internal Improvements, to whom was refer-
red a bill to be entitled" An act regulating the Fisheries on the St.
Johns River, in the county of Duval,' report :
That they have had the same under consideration, and deem any
change in the Law now in force respecting fisheries, unnecessary
and impolitic, and ask to be discharged from the further considera-
tion of the subject. FRANCIS ARNOU,
Chairman Committee on Internal Improvements,"
Which was read, and concurred in.










Mr. Broward, from said committee, made a minority report, as
follows :
"The undersigned, being on a committee to which was referred
the consideration of a bill regulating the fisheries on the St. John's
river in the County of Duval, and being in the minority on said bill,
begs leave to
REPORT:
That I differ from the report of the majority, on the ground that
the law now in force only prohibits foreigners from taking fish from
the Territory of Florida, without first oli irni, a license.,; and, by
the provisions contained in the first section of said law, which pro-
vides that nothing in this act contained shall be so construed as
to prevent the catching of fish or turtle in the waters of this Terri-
tory, for use and consumption therein, or in any ofthe United
States ;" and the fifth section of said law referred to by the major-
ity, further provides, that every vessel not wholly and entirely
owned and navigated by citizens of the United States, or of this
Territory," shall be liable to the restrictions and conditions which
said law imposes. I am, therefore, of the opinion that the law now
in force does not operate or conflict with the provisions of the bill
now before the House.
All of which is most respectfully submitted.
JOHN BROWARD."

Which was read, and laid on the table.
A message was received from the Senate informing the House
that they had agreed to the amendment of the House on a r -ilu-
tion originating in the Senate, appointing a joint select committee
of eight members from each House, to examine and report on the
compilation of the laws of Florida by the Hon. William Marvin.
Which was read.
The Senate transmitted to the House the following preamble.and
resolutions, as.having been adopted by that body:

" The Committee on Public Accounts, to whom was referred that
portion of the Governor's Message in relation to claims upon the
General Government, ask leave to submit the following
REPORT AND RESOLUTIONS:
The Committee fully acquiesce in the views of his Excellency
in relation to the injury which our citizens have sustained b ithe
delay, on the part of the Government, to satisfy the just claims
upon it, of our citizens, for services rendered and supplies furnished
to troops of the United States in the prosecution of a protracted war
with the Indians in Florida.
This delay was first attempted to be justified, on the ground that
the Government was not in possession of that kind of evidence
which was calculated to establish, beyond a reasonable doubt,,the
justice of those claims which had been rendered against it; and it










was confidently stated that, so soon as these doubts could be re-
moved, by submitting the accounts of claimants to the investigation
of a tribunal constituted for that purpose, they would receive full and
prompt satisfaction. They were accordingly so submitted, and
passed the ordeal of a tedious and elaborate examination, in many
cases, subjecting claimants to no inconsiderable embarrassments,
by requiring of them the most rigid testimony, and frequently sub-
jecting them to the nicest technicalities in the establishment of their
accounts.
It was natural, therefore, to expect that, after all this ceremony
of means had been put into requisition to arrive at the truth, that
when that result had been accomplished, the portion of the claim
which was decided to be just, would have been paid cheerfully and
without delay;-more especially after an appropriation had been
made for that specific object.
But thus far these reasonable expectations have not been rea-
lized, and the soldier who repaired from his domestic avocations at
his country's call, to repel the invasions of her enemy, and the cit-
izen who parted with the earnings of his industry to save him from
the pangs of hunger, presuming upon the prompt justice of his Go-
vernment for compensation, have alike been taught the mournful
truth, that the best human expectations are doomed to disappoint-
ment.
The Committee are aware that our National Government, no less
than individual citizens, has experienced financial embarrassments,
without, perhaps, a parallel in its history; but still, amid all these,
appropriations have been made and expended for numerous objects
which merited no higher claim to its attention than the payment of
the accounts in question; for if precedence be given to any class of
subjects in the disbursement of its revenue, they are of opinion, it
is due to the defenders of their country, and to those who furnish
them with the means of subsistence.
They therefore recommend the adoption of the following resolu-
tion:
Resolved, That our Delegate in Congress be requested to call
the early attention of Government to the settlement of these claims,
and to insist upon their payment with the least possible delay.
Resolved, That our Delegate be furnished with a copy of this
report and resolution. R. B. HAUGHTON, Chair'n."
Which was read the first, second, and third time, (the rule being
waived,) and adopted. Ordered, that the same be certified to the
Senate.
A bill to be entitled An act to amend an act entitled an act to
authorize Bryant Sheffield to establish a Ferry," &c., was read a
second time, and referred to the Committee on Internal Improve-
ments.
A bill entitled, An act to fix the time of holding the Superior
Courts in the district of East Florida," was read a second time.
The House went into committee of the whole on said bill, Mr.










Irwin in the Chair. After some time spent in considering the same,
the committee rose and, by their Chairman, reported the bill back
to the House as amended.
Which report was concurred in, and the bill ordered for to-morrow.
A bill to be entitled, An act for the relief of the heirs of Pablo
Sabate, deceased," was read the third time and passed. Ordered
that the title be as stated.
The Governor transmitted to the House the following message:
TALLAHASSEE, 23d January, 1843.
Gentlemen of the Senate and House of Representatives :
1 hereby nominate Henry F. Simmons, David G. Raney, Wil-
liam Valleau and Thomas Orman, Justices of the Peace, for the
County of Franklin, and Territory of Florida.
R. K. CALL, Governor of Florida.
Which was read, advised, and consented to. Ordered, that the
same be certified to the Governor.
The House then adjourned.

TUESDAY, January 24, 1843.
The House met pursuant to adjournment, and a quorum being
present, the Journal of yesterday's proceedings was read.
Mr. De la Rua, according to previous notice, obtained leave to
introduce a bill to be entitled "An act to define and enlarge the
Senatorial Districts."
Which was read the first time, and ordered for a second reading
to-morrow.
Mr. Taylor, from Mosquito, according to previous notice, asked
and obtained leave to introduce a bill to be entitled An act to alter
the name of Mosquito county."
Which was read the first time, and ordered to be indefinitely post-
poned.
Mr. Smith, of St. Johns, gave notice that he would, on some future
day, ask leave to introduce a bill concerning Executions and At-
tachments.
Mr. Stewart gave notice that he would, at a future day, ask leave
to introduce a bill to authorize Thomas Walker to establish a Ferry
across the Alapahaw river, in the county of Hamilton.
Mr. Zeigler gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled "An act to settle the affairs
of the Union Bank of Florida, and to provide more effectually for
the security of the Territory against the payment of the bonds it
has issued in behalf of said Bank."
Mr. Cromartie, according to previous notice, asked and obtained
leave to introduce a bill to be entitled An act to authorize E. G.
Miller to establish a Ferry across Ocklockonnee river."
Which was read the first time, and ordered for to-morrow.
Mr. Floyd gave notice that he would, on a future day, ask leave
leave to introduce a bill entitled An act to change the time of
holding the County Courts of Franklin county."










Mr. Forman gave notice that he would, at some future day, ask
leave to introduce a bill to be entitled An act in relation, to Public
Elections."
Mr. Taylor, of Jefferson, from the Committee on Claims, to whom
was referred so much of the Governor's message as relates to the
claim of Jesse Carter, late Tax-Collector of Alachua county, made
the following report:
The Committee on Claims, to whom was referred so much of
the Governor's message as relates to the claim of Jesse Carter,
late Tax-Collector of Alachua County, with accompanying docu-
ments,
REPORT:
They have had the same under consideration, and see no neces-
sity of any further action of the Council upon the subject, inasmuch
as the Auditor of Public accounts is fully authorized to settle the
same by an act of the last Legislative Council, approved 3d March,
1842. They therefore recommend that the matter be referred back
to the Auditor for settlement, under the said Act; and ask to be
discharged from the further consideration thereof.
WM. R. TAYLOR, Ch'n."
Which was read, and concurred in.
Mr. Arnou, Chairman of the Committee on Internal Improve-
ments, made the following report:
The Committee on Internal Improvements, to whom was re-
ferred a bill to be entitled an act to amend an act entitled an act to
authorize Bryant Sheffield to establish a Ferry across the Suwan-
nee. river, at the Upper Mineral Springs, known as the White Sul-
phur Spring, approved 4th of March, 1842,
REPORT:
That they have had the same under consideration, and report the
bill to the House without amendment.
FRANCIS ARNOU,
Chairman Committee Internal Improvements."
Which was read, and concurred in.
Mr. Floyd, from the select committee to whom was referred a bill
to be entitled "An act respecting Pilot ,i.," made the following
report:
The undersigned, .a select committee to whom was referred the
bill entitled 'An act respecting Pilotagewvithin the Territory of Flo-
rida,' beg leave respectfully to
REPORT ';
That, after a due and lega; investigation into the' different laws
of this Territory r.- .i:-'cilri pilorve:,, Ih,-v b i\- come to the conclu-
sion that such a 'll :s ilhe ni- prolj.,ji.'.;d would be objectionable in
all its features to the&principal commercial seaportsof this Territo-
ry, and would subject the: Legislature to the'en'atmerit of an entire










new code of laws respecting pilotage in this Territory. They
therefore report unfavorably of said bill, and beg to be excused from
its further consideration.
R. J. FLOYD, Chairman.
Which was read, and concurred in.
The following message, from His Excellency the Governor, was
transmitted to the House, viz :
TALLAHASSEE, 23d January, 1843.
Gentlemen of the Senate and House of Representatives :
I herewith transmit a copy of the annual report of the Southern
Life Insurance and Trust Company, showing the condition of that
Institution on the 2d inst. R. K. CALL,
Governor of Florida.
Which was read, and referred to the Committee on Corporations.
Mr. Child, from the joint select committee, to whom was referred
the Revised Statutes of Florida," by the Honorable William Mar-
vin, made the following
REPORT:
The joint select committee to whom was referred the commu-
nication of the Hon. William Marvin, accompanying the Digest of
laws compiled by him, report twelve chapters-viz: Surrogates,
Dower, Resignations, Removals, Vacancies, Sheriffs, County Clerks,
Notaries Public, Coroner, Counties, County Commissioners, County
Surveyors, Commissions, Elections-without amendment.
J. CHILD,
Chairman of Com. from H. of R."
Which was concurred in, the chapter on Surrogates read the first
time, the rule waived, read a second time by the title, and 100 co-
pies ordered to be printed.
Mr. Child moved that the enacting clause to every section other
than the first, of every bill of the compilation of the Hon. William
Marvin, be dispensed with-which motion prevailed.
ORDERS OF THE DAY.
A bill to be entitled An act to fix the times of holding the Supe-
rior Courts in the District of East Florida," was ag-i, read, and
ordered to be engrossed for a third leading to-morrow.
A resolution offered by Mr. Broward on:'a previous day, relative
to faith bonds, was read a second time.
On a motion by Mr. Floyd to lay the resolution on the table, the
yeas and nays were called by Messrs. Arnou and Irwin, and were
as follows :
Yeas-MesSrs. De la Rua, Floyd, Forman, and Zeigler-4.
Nays-Mr. Speaker, Messrs. Amos,Arnou, Broward, Childs, Cro-
martie, Dumniett, Haddock, Irwin, Knowles, M'Raeny, Patterson,
Pent, Scott, S. Iph, Smith, Stewart, Summerlin, Taylor of Jefferson,
Taylor of Mosquito, and Turner-21.
So the motion was lost.








48

Mr. Knowles thereupon offered the following as a substitute for
the resolution of Mr. Broward :
Resolved, That this Legislature is not the legitimate and proper
tribunal to decide upon the validity, of its own pledges, heretofore
given, in favor of any banking institution in this Territory.
Resolved, further, That any action of this council upon this sub-
ject, can result in no possible good, but would be unwise and inex-
pedient.
The yeas and nays being called for by Messrs. Smith and Irwin,
were as follows:
Yeas-Messrs. Amos, Cromartie, De la Rua, Floyd, Forman,
Knowles, Taylor of Mosquito, and Zeigler-8.
Nays-Mr. Speaker, Messrs. Arnou, Broward, Child, Dummett,
Haddock, Irwin, M'Raeny, Patterson, Pent, Scott, Selph, Smith,
Stewart, Summerlin, Taylor of Jefferson, and Turner-17.
So the substitute was lost, and Mr. Broward's preamble and res-
olution ordered to be engrossed for a third reading to-morrow.
A resolution offered by Mr. Summerlin on yesterday, respecting
an increase of representation in the Legislative Council from Co-
lumbia County, was read a second time, and referred to a select
committee, consisting of Messrs. Arnou, Summerlin, and Knowles.
The House, on motion of Mr. Forman, adjourned until 10 o'clock
to-morrow.


WEDNESDAY, January 27, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Forman moved that the future hour of meeting for this House
be 10 o'clock, unless otherwise resolved; and that from that time
till 11 o'clock be appropriated to the reading and disposal of the
Digest of Laws of Judge Marvin, unless those submitted to the
House be disposed of before that time.
Which motion prevailed.
Mr. Summerlin gave notice that he would, on some future day,
ask leave to infroduc- a bill to authorize David Plat to establish a
Ferry across the Suwannee river, in the County of Columbia.
Mr. Stewart, according to previous notice, asked leave to intro-
duce a bill to be entitled An act to authorize Thomas Walker to
establish a Ferry on the Alapahaw river."
Which was read the first time, and ordered for to-morrow.
Mr. Floyd, according to previous notice, obtained leave to intro-
duce a bill to be entitled An act to establish an additional Term
of the County Court in Franklin county."
Which was read the first time, and ordered for to-morrow.
Mr. Taylor, of Mosquito, according to previous notice, obtained
leave to introduce a bill to be entitled An act to authorize William
Faill to establish a Ferry across the St. Johns river, at Enterprize."










Which was read the first time, and ordered for to-morrow.
Mr. Zeigler gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled An act to incorporate the
St. Andrews Bay Land Company."
Mr. Arnou, from the select committee to whom was referred the
resolution that the Delegate in Congress be requested to use his
best efforts to procure the passage of an act of Congress allowing
Columbia county an additional member to the House of Represent-
atives, made the following
REPORT:
They have had the same under consideration; and, approving of
the views embraced in said resolution, recommend the-adoption of
the same. FRANCIS ARNOU,
Chairman Select Committee.
Which was concurred in.
Mr. Knowles, from the Committee on the State of the Territory,
made the following report:
The Committee on the State of the Territory, to whom was re-
ferred the petition of Bartley Wynn and others, citizens of Jefferson
County,
REPORT:
They have given the subject matter of said petition due consider-
ation. That so far as the.protecting of pre-emption claimants to
their lands from intrusion, Congress has already made sufficient
provision. That the permanent establishment of the boundary line
between this Territory and the State of Georgia, is a matter of so
much importance as, in the opinion of your committee, to require the
speedy action of Congress thereon. They therefore recommend
the adoption of the following resolution.:
Resolved, by the Governor and Legislative Council of the Terri-
tory of Florida, That the Delegate in Congress be instructed to
use his best exertions with the Government of the United States,
with a view of establishing permanently the boundary line between
the Territory of Florida and the State of Georgia.
J. KNOWLES, Chairman."
Which was concurred in, the resolution reported read the first
time, and ordered for to-morrow.
Mr. Floyd, from the select committee to whom was referred the
resolution respecting the loss of furniture of the House, made the
following
REPORT:
That they have not been able to find out any thing in relation to
said furniture, and beg leave to be excused from further service.
R. J. FLOYD, Chairman.
N. D. ZEIGLER.
The Speaker having informed the House that business before the
Court of Appeals required his attention this day, he thereupon
appointed Mr. Child, of Alachua, Speaker pro. tem.
7










ORDERS OF THE DAY.
A bill to be entitled An act to define and enlarge the Senatorial
Districts," was read a second time, and referred to the committee
on the Judiciary.
A bill to be entitled An act to authorize E. G. Miller to estab-
lish a Ferry across the Ocklockonnee River," was read a second
time, and ordered to be engrossed for a third reading to-morrow.
An engrossed bill entitled An act to fix the times of holding
the Superior Courts, in the District of East Florida," was read a
third time, and passed. Ordered that the title be as stated.
A resolution relative to an increase of representation for the
county of Columbia was read the third time and adopted. Ordered
that the same be certified to the Senate.
A bill to be entitled An act in relation to executions," was read
a second time and referred to a Select Committee, consisting of
Messrs. Knowles, Taylor of Mosquito, Pent and Amos.
A bill to be entitled An act to amend an act entitled an act to
authorize Bryant Sheffield to establish a ferry," &c. was read a se-
cond time and ordered to be engrossed for to-morrow.
An engrossed resolution respecting faith-bonds was read a third
time.
On the question of the indefinite postponement of said resolution
the ayes and noes were called by Messrs. Arnou and Irwin, and
were as follows :
Yeas Messrs. Amos, Betton, Cromartie, Floyd, Forman,
Knowles, McRaeny, Patterson, Pent, Summerlin, Taylor, of Mos-
quito, and Zigler-12.
Nays-Messrs. Arnou, Broward, Child, Dummett, Haddock,
Irwin, Scott, Selph, Smith, Stewart, Taylor, of Jefferson, and
Turner-12.
Mr. Knowles moved that Mr. De la Rua, who was absent at the
call of the House on the indefinite postponement of the above reso-
lution, be allowed to record his vote thereon.
Which motion prevailed, and Mr. De la Rua voted in the affirm-
ative.
Mr. Smith moved the members not present be allowed to record
their votes upon the indefinite postponement of the resolution of Mr.
Broward, when they shall come in.
Which motion prevailed.
The House then adjourned.


THURSDAY, January 26, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
The Speaker, under a resolution adopted on yesterday, that the
absent members be allowed to record their vote, asked and obtained
leave to record his vote in the negative on Mr. Broward's resolution
respecting Faith Bonds.










The motion for the indefinite postponement of said resolution
having failed, ordered that the same be placed among the orders of
the day for Thursday next.
The Speaker appointed Mr. Child, of Alachua, Speaker pro. tern.
for the day.
The House proceeded, under a resolution adopted on yesterday,
to the consideration of the revised Statutes of Florida by the Hon.
Judge Marvin.
The chapter entitled County Clerk," was read the first time,
the rule waived, read a second and third time by the title and passed.
Ordered that the same be certified to the Senate.
The chapter entitled Commissions," was read the first time.
Mr. Floyd moved that all the bills from the Hon. Judge Marvin
be read once, that the rule be waived and they be read a second
and third time by their title, and passed.
The ayes and noes being called on said motion by Messrs. Irwin
and Arnou, were as follows :
Yeas-Mr. Child, Speaker pro. tem., Messrs. Amos, Broward,
Cromartie, De la Rua, Dummett, Floyd, Forman, Haddock, Patter-
son, Pent, Smith, Stewart, Taylor, of Mosquito, and Zeigler-15.
Nays-Messrs. Arnou, Irwin, Scott, Selph, Summerlin, Taylor,
of Jefferson, and Turner-7.
There not being three-fourths of the members in favor of said
motion it was lost.
Ordered that the chapter entitled "Commissions," be read a
second time to-morrow.
The chapter entitled Surrogates," was ordered to be engrossed
for a third reading to-morrow.
SThe hour set apart for the consideration of the Revised Statutes
having been spent, the House proceeded to the regular business of
the day.
Mr. Floyd gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled An act to secure to Steam-
boat hands a lien for wages, navigating the inland waters within
the Territory of Florida.
Mr. Amos, according to previous notice, obtained leave to intro-
duce a bill to be entitled An act to establish the County Site of
Santa Rosa County."
Which was read the first time and ordered for to-morrow.
Mr. Turner obtained leave to present the petition of Nancy Busby,
praying a divorce from her husband, Zachariah T. Busby, of Walton
Coiiunty.
Which was read and referred to a special committee, consisting
of Messrs. Turner, Taylor, of Jefferson, and Scott.
Mr. Tlayhr, of Jd.'..r ..',, offered the following preamble and
resolution;









" Whereas, there is good reason to believe that many papers of in-
terest to the citizens of this Territory, appertaining to the office
of Quartermaster General, (which office is now vacant,) are at
this time under the charge of no officer of this Government, but
liable to be lost or misplaced; therefore,
Be it resolved by the Legislative Council of the Territory of Flo-
rida, That the Auditor of Public Accounts, or some other officer,
under the direction of his Excellency the Governor, take charge of
as many of said papers as may come to his knowledge, and retain
the same in his keeping, till the said office of Quartermaster Gene-
ral shall be filled."
Which was read a first time, the rule waived, read a second and
third time and adopted. Ordered that the same be certified to the
Senate.
Mr. Forman offered the following preamble and resolution:
Whereas, the commercial advantages of the city of Apalachi-
cola, and the general good and welfare of its citizens, demand that
free and extensive roads should be opened into the interior of the
country, in order to facilitate the transportation of produce and the
public mails: And whereas the opening of a road from the town
of Quincy, in the County of Gadsden, to some point on the Apa-
lachicola Bay or River, near the city, is altogether practicable, and
would establish a certain communication between the Bay and
Capitol, at Tallahassee, and that the same would be of public util-
ity to the country in general-
Resolved, by the Senate and Rouse of Representatives, That the
Delegate in Congress be requested to urge upon that body the ap-
propriation of ten thousand dollars, for the purpose of opening and
constructing the road as above designated.
Which was read and ordered for to-morrow.
Mr. Child, from the Judiciary Committee, made the following
report, viz :
The Committee on the Judiciary, to whom was referred the bill
to be entitled An act to amend an act regulating the mode of pro-
ceeding on attachments," report the same to the House, as amended."
J. CHILD, Chairman.
Which report was concurred in.
Mr. Smith moved that the third section of said bill be stricken
out, and offered a substitute therefore inserted, which motion pre-
vailed. The bill was read a second time, and ordered to be en-
grossed for a third reading to-morrow.
ORDERS OF THE DAY.
An engrossed bill, entitled An act to amend an act, to autho-
rize Bryan Sheffield to establish a Ferry, &c." was read a third time
and passed. Ordered that the title be as stated on the bill.
An engrossed bill entitled An act to authorize E. G. Miller to
establish a Ferry on Ocklockonnee river," was read a third time and
passed. Ordered that the title be as stated.










A bill to be entitled "An act to authorize William Faill to estab-
lish a Ferry across the St. John's river, at Enterprize," was read a
second time, and ordered to be engrossed for to-morrow.
A bill to be entitled "An act to authorize Thomas Walker to es-
tablish a Ferry on the Alapahaw river," was read a second time and
ordered to be engrossed for to-morrow.
A bill to be entitled An act to establish an additional term of
the County Court, in Franklin county," was read a second time,
and ordered to be engrossed for to-morrow.
A resolution respecting a boundary line between Florida and
Georgia, was read a second time, and ordered to be engrossed for
a third reading to-morrow.
On motion of Mr. Floyd, the rule was waived, and the House re-
sumed the consideration of the Revised Statutes of Florida.
The Chapters entitled County Commissioners, Counties, Cor-
oner," were i.. 11 read the first time, the rule waived, read the
second and third time by their titles, and passed. Ordered, that
their titles be as stated.
The Chapter County Surveyor," was read the first time, the rule
waived, read a second time by the title, and ordered to be engrossed
for a third reading to-morrow.
On motion, the House adjourned until to-morrow.

FRIDAY, January 27, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, -I:". Journal of yesterday's proceedings was read.
The Speaker appointed Mr. Betton, of Leon, Speaker pro tem.,
for the day.
The H-ouse, under the rule adopted on Wednesday last, proceed-
ed to the consideration of the Revised Statutes of Florida," by the
Hon. Judge Marvin.
The chapter entitled Notaries Public," was read the first time,
the rule waived, read a second and third time by the title, and pass-
ed. Ordered, that the title be as stated.
The chapter entitled Sheriff," was read the first time, the rule
waived, and read a second time; when Mr. Irwin, of Jackson, mo-
ved to strike out the word assessor." The yeas and nays being
called on said motion, were as follows:
Yeas-Messrs. Broward, Irwin, and Selph-3.
Nays-Mr. Speaker pro tem., Messrs. Amos, Child, Cromartie,
De la Rua, Dummett, Floyd, Forman, Haddock, Knowles, M'Rae-
ny, Patterson, Pent, Scott, Smith, Stewart, Summerlin, Taylor of
Jefferson, Taylor of Mosquito, Turner, and Zeigler-21.
So the motion was lost.
The chapter was read a third time by its title, and passed. Or-
dered, that the title be as stated.
The hour allotted to the consideration of the Revised Statutes,"
having been spent, the House proceeded to the regular business of
the day.









Mr. Smith moved the following:
Ordered, by the Legislative Council, That so soon as the several
bills of the revised code shall have become adopted, they shall be
enrolled on paper of equal size, and no two chapters shall be writ-
ten in whole or in part on the same sheet of paper ; and that on the
left hand side of each sheet a blank margin be made, of the width
of four inches, for the purpose of admitting the sheets to be bound
together, if hereafter deemed advisable.
Which motion prevailed. Ordered to be certified to the Senate.
Mr. Knowles gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled "An act for the relief of James
Selby, a free man of color."
Mr. Sum merlin, according to previous notice, obtained leave to
introduce a bill to be entitled An act to extend a charter granted
to David Platt, approved February 8th, 1839."
Which was read the first time, and ordered for to-morrow.
Mr. Stewart gave notice that he would, at some future day, ask
leave to introduce a bill to be entitled An act to authorize James.
Bryan to establish a Ferry across the Suwannee river, at a place
known as the Old Indian Ford."
Mr. Arnou gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled "An act to regulate the cutting
of staves and heading in the Territory of Florida."
Mr. Stewart gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled An act to amend the militia
law now in force, approved 5th March, 1842." *
Mr. Broward presented a petition from sundry inhabitants of Du-
val county, praying the appointment of certain persons in said county
to the office of Justices of the Peace.
Which was read, and ordered to be sent to His Excellency the
Governor.
His Excellency the Governor transmitted to the House the fol-
lowing message, enclosing certain resolutions, adopted by the Le-
gislature of Georgia, on the subject of repudiation, viz:
TALLAHASSEE, 26th January, 1843.
Gentlemen of the Senate, and House of Representatives:
I have the satisfaction to transmit herewith a copy of a preamble
and resolutions adopted by the Legislature of Georgia, against the
repudiation of State debts, which I have just received from his Ex-
cellency Charles J. M'Donald, Governor of that patriotic and en-
lightened State.
The elevated and praiseworthy sentiments expressed in this doc-
ument, cannot fail to inspire the admiration and confidence of those
who have watched, through the dark night of repudiation, for the
star to codlioct tli)ee on the way of just and honorable principles.
It will he b; ldel with the unteigned approbation of a l who are not
prepared to sacrifi e the honor of the local Governments, to avoid
the responsibility of pecuniary obligations.










The high example of the State of Georgia is worthy of our imi-
tation, and I recommend it to the favorable attention of the Legis-
lative Council. R. K. CALL,
Governor of Florida.
IN SENATE.
The Committee on the State of the Republic, to whom was re-
ferred the preamble and resolutions of the State of Kentucky,
against the doctrine of repudiation of State debts, cannot suffer the
occasion to pass without expressing our entire acquiescence in those
resolutions, and their decided abhorrence of the odious doctrine of
repudiation, as immoral, and subversive of the very foundation of
civilized society. If the Constitution of the United States has clo-
sed the doors of the courts of justice against creditors of the several
States, the obligation to meet all our engagements becomes the
stronger, and more binding. We have placed this barrier, beyond
which the creditor cannot pass; and to avail ourselves of it, to de-
feat the claims of others, is alike unjust and dishonest. Nor is the
case at all changed, or the obligation lessened, if the borrowed mo-
ney has been misapplied, and the State defrauded and deceived by
its own agents. The State was in fault in appointing unfit or dis-
honest agents, and it should bear the consequences.
It is a beautiful feature in our Government, and strongly illustra-
tive of that high-toned moral feeling which characterized the Fath-
ers of the Revolution, that, so far from repudiating their debts, they
incorporated the obligation to pay into the very charter of our na-
tional existence. This spirit should animate their descendants.
Be it further resolved, by the Senate and House of Representatives
of the State of Georgia, That they view with horror this novel and
dishonest doctrine of repudiation, as a stain upon the escutcheon of
this country, and can never recognize its validity.
Be it further resolved, That there is a moral obligation upon ev-
ery Government to discharge its pecuniary obligations; and any
State refusing to do so, or to provide the means of payment, is false
to the principles of common honesty and an enlightened civilization,
and is unworthy of the confidence of its sister States.
Be it further resolved, That while we entertain these opinions,
we would embrace this opportunity in advance, to express our un-
qualified disapprobation of any assumption of State debts by the
General Government, and to enter our solemn protest against the
same, as unjust and unequal-a dangerous usurpation of power, and
a violation of the spirit of the Federal compact.
Be itfurther resolved, That His Excellency the Governor be re-
quested to forward copies of the above preamble and resolutions to
the President of the United States, and to the Governors of the sev-
eral States of this confederacy.
In Senate, agreed to December 24th, 1842.
ROBERT M. ECHOLAS,
President of the Senate.
Attest-JAMEs JACKSON, Secretary.









In the House of Representatives, concurred in December 26th,
1842. WILLIAM B. WOFFORD,
Speaker of the House of Representatives.
Attest-JoHN H. DYsoN, Clerk I-. of R.
Approved 28th December, 1842.
CHARLES J. M'DONALD, Governor.
A II:h was read.
Mr. Arnou moved that the message and inclosure be laid on the
table. Upon which the ayes and noes were called by Messrs.
Forman and Broward, and were as follows:
Yeas--Messrs. Arnou, Broward, Dummett, Irwin, Knowles,
McRaeny, Selph, Smith, Summerlin and Turner-10.
7 i--Mr. Speaker, pro. tem., Messrs. Amos, Child, Cromartie,
De la Rua, Floyd, Forman, Haddock, Patterson, Pent, Scott, Stewart;
Taylor, of Jefferson, Taylor, of Mosquito, and Zeigler-15.
So the motion was lost.
The communication was then referred to a select, committee,
consisting of Messrs. Taylor, of Jefferson, Birowaid, Knowles, For-
man, Smith, Dummett, Taylor, of Mosquito, and Pent.
The following message was received from the Senate:
SENATE CHA MER, January 26th, 1842.
The Senate have concurred in the motion from the House,
appointing a joint select committee of three from each House, to
take into consideration the Communication from the Secretary of
Florida, in relation to the laws of Congress," and have appointed
Messrs. Youge, Pelot and Priest, said committee on the part of the
Senate.
THOMAS T. LONG, Secretary of Senate."
Mr. Haddock -,:I' -.I the following resolution:
Resolved, That his Excellency, the Governor of Florida, be
requested to transmit to this House, if practicable, a list of all the
regiments properly organized under the act passed at the last session.
of the Legislative Council, with the names of the staff officers
annexed.
Which was adopted, and ordered to be certified to the Governor.
Mr. Child, from the joint select committee appointed on Judge
Marvin's Revised Statutes, made the following report:
The joint select committee, to whom was referred the compila-
tion by the Hon. William Marvin, report three chapters, viz:
Interest," Weights and Measures," and Fugitives from Jus-
tice," to the House, without amendment.
J. CHILD, Chairman com. from House Rep."
Which report was concurred in, and the reported bills ordered
to be placed among the orders of the day.
Mr. Turner, from the committee to whom was referred the peti-
tion of Nancy Busby, made the following report :
The select committee, to whom was referred the petition of
Nancy Bushy,













REPORT:
They have had the same under consideration, and are unani-
mously of opinion, from a careful examination of documents accom-
panying said p- i ion. ihat the said Nancy is a much aggriV:ed and
grossly e.l~:t ..] woman, and if special Legislation should be had
on such cases, at all, hers is one upon which it should b, -xercicsed.
It appears that Nancy was deserted by her husband in November,
1841; that he seduced, and carried off, anorbilr 1.-inile from the
immediate neighborhood in which th.:v re sidJe : and in April, 1842,
was living in the State of South Carolina wnlh her, as man and
wife.
It is also represetlted to your committee, ihbt Ihe petitioner is not
in circumstances to obtain relief from the judicial tribunals of the
country, they therefore recommend the passage of the following bill,
to be entitled "An act for the relief of Nancy Bu-hb."
ALEX. TURNER, ClIirman."
Which report was concurred in.
On a motion made to lay the reported bill on the table, the ayes
and noes were called by Its-rs. Smri and Knowles, and were as
follows:
Yeas-AIr Speaker pro. tem., Messrs. Amos, Arnou, Broward,
Child, Cromartie, De la Rua, Dummett, Haddock, Forman, Knowles,
McRaeny, Patterson, Pent, Scott, Selph, Smith, and Zeigler-18.
Nays-Messrs. Floyd, Irwin, Stewart, Summerlin, Taylor, of
Jefferson, Taylor, of Mosquito, and Turner-7.
So the bill to be entitled An act for the relief of Nancy Busby,"
was laid on the table.
The communication from the Senate, informing the House that they
had appointed a joint select committee of three to draft joint rules
for the two Houses, was taken up and read, and Messrs. Child,
Scott, and De la Rua, appointed a committee on the 'part of the
House. Ordered that the same be certified to the Senate.
ORDERS OF THE DAY.
A chapter entitled "Commissioners," was read a second and third
time, the rule being waived, and passed. Ordered that the title be
as stated.
An engrossed bill to be entitled "An act to amend an act regu-
lating the mode of proceeding in attachments," was read a second
time. Ordered to be placed among the orders of the day for Wednes-
day next, and fifty copies ordered to be printed.
A bill to be entitled An act to establish the County Site of
Santa Rosa county," was read a second time and ordered to be
engrossed for a third reading to-morrow.
A resolution offered by Mr. Forman, on the subject of a road
from Quincy to Apalachicola, was read a second time. and ordered
to be -ngrosied for to.-morrow.
An engrossed bill entitled "An act to authorize Thomas Walker
to established a Ferry on the Alapahaw .river," was read a third
tid~e.











Mr. Smith offered the following as an engrossed rider, viz :
Section 5. BE et farirr enacted, That this act shall, at any time
hereafteir,be subject to be amended, modified, or repealed, by any
future Lcglslature of the State, or Tel ritory. 'f Florida.
Which bill and amendment passed. Ordui'1]d that the title be as

An engroi,-:Id resolution, requesting the Delegate in Congress to
use his best .exertions with a view to establish a boundary line
between Georgia and Florida, was read a third time and adopted.
Ordered that the same be certified to the Senate.
,An engrossed bill to be entitled An act torauthorize William
Fail to establish a Ferry across the St. Johns river, at Enterprise,"
was read a thir.l iimi-.
Mr. Smith offered an amendment, by the way of an engrossed
rider, of an additional section, viz:
Section 4. Be it further enacted, That this act shall, at any time,
be subject to be amended, modified, or repealed, by any future
Legislature of the State, or Territory, of Florida.
The bill as amended passed. Ordered that the title be as stated.
An engrossed bill to be entitled An act to establish a term of
the County Court in Franklin county," was read a third time and
passed, '.Ordered tli,: The House adjourned until Monday 10 o'clock.


MONDAY, January 30, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of Friday's proceedings was read.
The House proceeded to the consideration of the Rerised Sta-
tutes of Florida, by the Hon. Judge Marvin. The chapter entitled
" Dower," was read the first time.
Mr. Cromartie moved a reconsideration of the rule adopted on
Thursday last, on motion of Mr. Floyd, that all the bills of the Re-
vised Statutes, by the Hon. Judge Marvin, be read once, the rule
waiv'-J, read the second and third time by their title, and put upon
their p.,sage.
Which motion prevailed, and the motion passed on Thursday
was withdrawn by the mover, Mr. Floyd.
Mr. Beinon th n nioi -l] hi the chapter entitled "Dower," be
laid on the table for Meld i. next, and 100 copies ordered to be
prinlte
The hour set apart for the consideration of the Revised Statutes,
having been spent, the House proceeded to the regular business of
the da).
The Speaker laid before the House the following messages re-
ceived fiom His Excellency the Governor:















TALLAHASSEE, 27th January, 1843.
Gentlemen of the Senate and House of Representatives:
I have the satisfaction to inform the Legislative Council that the
President of. the Southern Life Insurance and Trust Company ias
returned to the Executive four more of the certificates of one thou-
sand dollars each, guaranteed by the Governor of FloriJa, which
have been cancelled agreeably to the provisions of the act on that
subject. R. K. CALL,
Governor of Florida.
Which was read, and ordered to be spread on the Journal.
TALLAHASSEE, 27th January, 1843.
Gentlemen of the Senate and House of Representatives:
I herewith transmit, for the information of the Legislative Coun-
cil, a copy of a preamble and resolutions, p's:ed] b% the- Legisla-
ture of Georgia, relative to certain resolutions of .the Common-
wealth of Massachusetts, against the imprikonment iof frre negroes,
under the laws of those States .which forbid the.ingress of such
persons within their borders.
This unauthorized interference of the State of Massachusetts,
with the domestic affairs of the South, seems to me to merit rebuke;
and claims the attention of the Legislature in. justification of the
policy it has adopted.
R. K. CALL, Governor of F'loIpda.


IN SENATE.
The committee on the State of the Republic, to whom was referr-
ed the various resolutions of other States, beg leave to report :
That among the resolutions transmitted by His Excellency, the
Governor, are certain resolves of the Commonwealth of Massachu-
setts, against the imprisonment of free negroes under thp laws of
those States which forbid the ingress of such. persons within their
borders. .
Your committee would have passed by these resolutions unno-
ticed, as the sickly effusions of a wild and reckless fanaticism, had
they not pronounced such a law a gross violation of- the 'Federal
Constitution.
Georgia has; such a law on her Statute Book, and we deem it our
duty to repel the charge.as unfounded in truth, and as manifesting
a spirit which, if not rebuked and checked, will, sooner or later,
destroy our institutions and dii.tule our Union. n q Stt has a
legal or moral right to interfere with the domestic policy or internal
regulations of a sister State. Georgia has never rebuked Massa-
chusetts for fraternizing with negroes, nor held her up to the repro-
bation of the States of this Union, for her violation of the Charter
of Confederacy by proclaiming those. citizens who were:npt, o at
the time of adopting the Federal Constitution; thereby atuempiing


I h-- --ri~--e ._















to add to that sacred instrument, and thus- violating the letter and
spirit of the compact.
If your committee had no other lights to guide them than those
furnished by the Constitution, they would be at a loss to ascertain
what clause is referred to by the Legislature of Massachusetts, as
being violated by the clause above alluded to; but we are constrain-
ed to suppose that this bold assertion is based upon that section
which grants to the citizens of each State all the privileges of citi-
zens of the several States. The meaning of this article is too plain
for cavil; and could only have been intended to guarantee to the
citizens of any one State the privileges to which citizens of those
States were entiile:d; or in other words, admitting negroes to be
citizens under the Constitution, (which is utterly denied) Georgia
would have o right to exclude the black citizens of Massachusetts
from privileges granted to the black citizens of Maine or New-York.
It is an universal rule of construction, that terms used in Statues
are to be construed according to the g: nerally received import ; and
this rule applies, with great force, to the Constitution of the United
States. Were negroes, or persons of color, regarded as citizens at
the time of the adoption of the Federal Constitution ? They were
not. And the term citizen, as used in that instrument, can only
refer to those who were embraced in its definition at the time of
its adoption. Bit upon this subject Georgia will not condescend to
argue. She will adopt the language of Massachusetts, in her
remonstrance against the embargo, and say that the people of this
country are not accustomed to class among their rights such enjoy-
ments and privileges as depend on the will of any set of men
whatever; under such circumstances, they would cease to be the
rights of a free people."
Be it therefore resolved, That negroes, or persons of color, are
not citizens under the Constitution of the United States ; and that
,Georgia will never recognize such citizenship.
-"'Be it further resolved, That His Excellency, the Governor, trans-
mit a copy of the above preamble and resolutions to the Governors
of the several States of this Confederacy,
In Senate, agreed to unanimously December 26th, 1842.
.R.OBERT M. ECHOLAS,
President of the Senate.
A'ttest-JAME s JACKSON, Secretary.
In the H. of,R. concurred in December 26th, 1842.
WILLIAM B. WOFFORD,
Speaker of the House of Representatives.
AtteSt-JoHN H. DYsoN, Cltrk H. of R.
Approved 28th December, 1842.
CHARLES J. M'DONALD,
Gdvernor.

Whicba was read, and referred to the Committee on the State of
the Territory. : ..















Mr. Floyd moved that a committee of three be appointed to con-
tract for the printing of all laws which may come before them from
the Hon. Judge Marvin, and that they contract with the lowest bid-
der, and upon the cheapest plan possible.
Mr. Smith moved to amend the above motion of Mr. Floyd, by
inserting, instead of all laws which may come before them from
the Hon. Judge Marvin," such bills as may be ordered to be print-
ed from among the bills of the revised code."
The Speaker decided the motion out of order.
Mr. Floyd appealed from the decision of the Chair, and the yeas
and nays being called on said appeal by Messrs. Floyd and Smith,
were as follows:
Yeas-Messrs. Amos, Arnou, Betton, Child, Cromartie, Dum-
mett, Haddock, Knowles, M'Raeny, Patterson, Pent, Stewart, Sum-
merlin, Taylor of Jefferson, Taylor of Mosquito, and Turner-16.
Nays-Messrs. Broward, Floyd, Irwin, Scott, Selph, Smith-6.
So the decision of the Chair was sustained by the House.
Mr. Arnou offered the following preamble and resolutions :
" WHEREAS, an appropriation was made by Congress in the year
1838, of ten thousand dollars, for opening and constructing road
from Tallahassee to lola, on the Apalachicola River, in the
Territory of Florida, and the engineer appointed by the General
Government to superintend'the opening and construction of the
said road, owing to the dangers of the Indian war, declined to
proceed with the said work, whereby the said appropriation of
ten thousand dollars has reverted to the Treasury of the United
States; and whereas the said road, if opened, will be of much
advantage to the United States and the people of Florida, and
would materially facilitate the speedy transportation of the mail
at a diminished cost, to and from this Territory to the South
West:
Therefore, be it resolved, by the Governor and Legislative Council
of the Territory of Florida, That Congress be respectfully solicited
to reappropriate the said sum of ten" thousand dollars, for the said
road.
Be it further resolved, That the Hon. David Levy, Delegate in
Congress, be requested to lay this preamble and resolution before
Congress, and that a certified copy be transmitted to him, without
delay, and the Clerk is hereby directed to forward the same."
Which was read the first time, and ordered for to-rot iow.
The following communication was received from:the Senate:
SENATE CHiAM1 R,
SJanuary 28th, 1843. $
To the Hon. Speaker of the House Of R'pfrtsr.it.ives :
The Senate have passed the following acts and resolutions:.
A resolution respecting the claims of William P. Duval.
A resolution relative to the Journals.














Also, an act in relation to Garnishments ; and the chapter relating
to Auctioneers, of Judge Marvin's report.
Respectfully yours,
THOSE. T. LONG, Sec. Sen.
Which communication was read.
The resolution relating to the claim of William P. Duval, was read
the first time, and ordered for to-morrow.
The resolution relating to the Journals of the Senate, was read,
and ordered to be returned to the Senate.
The bill entitled An act in relation to Garnishments," was read
a first time, and ordered for to-morrow.
The chapter entitled Auctioneers," was ordered to be placed
first among the orders of the day, for to-morrow, and the Messenger
required to apply for printed copies of said chapter, for the use of
the members of this House.
ORDERS OF THE DAY.
The House went into committee of the whole, Mr. Taylor of Jef-
ferson in the Chair, on a chapter entitled "Surrogates." After some
time spent in the consideration thereof, the committee rose, and, by
their Chairman, reported the same as amended.
On the question of concurring in the report, the yeas and nays
were called by Messrs. Smith and Floyd, and were-
Y(,.-- '. Speaker, Messrs. Amos, Betton, Child, Cromartie,
De la Rua, Forman, Haddock, Irwin, Knowles, M'Raeny, Patterson,
Pent, Scott, Selph, Stewart, Summerlin, Taylor of Jefferson, Taylor
of Mosquito, Turner, aud Zeigler-21.
Nays-Messrs. Arnou, Broward, Dummett, Floyd, and Smith-5.
So the report was concurred in, and the bill ordered for a second
reading to-morrow.
The House then adjourned until to-morrow.

TUESDAY, January31, 1843.
The House met pursuant to adjournment, and a quorum being
present, the Journal of yesterday's proceedings was read.
Mr. Tabor, from Washington, appeared, and was sworn by T. R.
Betton, Esq., a Justice of the Peace for the county of Leon.
The House went into the consideration of the revised code, sub-
mitted by the Hon. Judge Marvin.
A chapter entitled Wills," was read the first time, and ordered
for to-morrow.
A chapter entitled Resignations, Removals, Vacancies," was
read the first time.
Mr. Floyd moved that the rule be waived, and the chapter last
read, read a second and third time by the title, and put upon its pas-
sage. The yeas and nays being called on said motion to waive the
rule, by Messrs. Floyd and Forman, were as follows:
Yeas-Messrs. Amos, Broward, Child, Floyd, Forman, Haddock,
Patterson, Scott, Smith, Stewart, Turner, and Zeigler-12.











Nays-Mr. Speaker, Messrs. Arnou, Betton, Cromartie, De la
Rua, Irwin, Knowles, .i: .-ri. Pent, Selph, Summerlin, Tabor,
Taylor of Jefferson, Taylor of Mosquito-14.
So the motion was lost, and the chapter ordered to be read a
second time to-morrow.
A chapter entitled Elections," was read the first time, and or-
dered for Thursday next.
On the question of printing the chapter, the yeas and nays were
called by Messrs. Smith and Haddock, and were as follows :
[Mr. Knowles asked to be excused from voting, which was refu-
sed by the House.]
Yeas-Mr. Speaker, Messrs. Amos, Arnou, Betton, Broward,
Child, Cromartie, De la Rua, Durnmet, Floyd, FSrman, Haddook,
Irwin, Knowles, McRaeny, Patterson, Pent, Scott, Selph, Summer-
lin, Taylor of Jefferson, Turner, and Zeigler-23.
Nays-Messrs. Smith, Stewart, Taylor of Mosquito-3.
So the motion to print prevailed, and 50 copies were ordered.
The hour set apart for the reading of chapters of the Revised
Code having been spent, the House proceeded to the regular busi-
ness of the day.
Mr. Patterson presented the petition of James H. Randolph, pray-
ing the passage of an act authorizing the payment of an account due
the heirs of the estate of Thomas Eston Randolph.
Which was read, and referred to the Committee on Claims.
Mr. Betton presented the petition of John W. Levinus, asking the
payment of an account for furnishing the two Houses of the Legis-
lative Council.
Which was read, and referred to the Committee on Finance and
Public Accounts.
Mr. Betton presented the petition of Andrew Scott, praying the
payment of his demand for work done on the Capitol, &c.
'Which was read, and referred to the Committee on Finance and
Public Accounts.
Mr. Knowles offered the following preamble and resolution:
" WHERAS, at the second session of the twenty-seventh Congress,
an act was passed, which provides that No session of the
Legislature of a Territory shall be held until the appropriation
for its expenses shall have been made by Congress :" And
whereas, said act makes the very existence of this Legislative
Council dependent upon a contingency, by the provision afore-
said ; thus greatly endangering the rights and interests of the
people of Florida: And whereas, the said act limits fhe com-
pensation of the officers to a sum inadequate to the amount of
services rendered :
Be it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That our Dl;spl. in Congress be
respectfully, hut earnestly, requested to use his best efforts to have
the-said act so amended, or modified, as to give to the Legislature
of Florida, the right of holding its session without waiting the pas-
sage of an appropriation bill by Congress.












I ':olel., T'liht ohr Delegate in Congress be reiquesriel to ho-e
li .pa," i ili the clih f Sr retarT\r of each House of Ilii Council,
increisc-LId u riti doll.n:i_ per day1 ; anid ilit tonipcnsa'ion of the other
oUtii.es rf o ih L??e il:al re (i lih [le exception of those prc-i;ding)
incre scLd in the sum of lour doli;rs pr-r day."
Which \i as rled llihe first timl, nill ordered for to-morrow.
IM. Penrt Irom the Comninittee on Elections, made the following
REPORT:
The co(nmmitee Uo EIctiior,, In i hicih nas referred a bill emlled
An act n ii Iaddhllr.n to ti1e ai'i s now iln 1orce, preacribinig the quali-
lication of ot,:rs in tih Terrniur of Florida," beg leae to report:
They baie had sjid lill iunrder consideration, and ind, forum the
act idppri~Fed Febirury' 1832, en' iil"d An act relatinr in crine
airn. i tisJdei earir,-," hN the fourth section thereof, that iinuvolni arv
manulaughiliter inay be puriniIsb d lby v bipping or imprisonn-ijtl ; i hat,
by the firth section. alse iinprisocinmiiEnt, nrmyhcbiu, an assault and
ballt ry, or assauhl i ith intent to l-ill, may be punished by imprison-
inent. Tbey further obs-rrc-, by suidryv pirolSionI o01 the atboke
.entiled Stalule, tlhat for recet-iing s6olern goods, harboring Ielons,
compounding Iel.iiies, batr:aLtrn ,, 6ilirac-ely, malpraciice oi' jtItli-.e
of the pace, thre3tr-iinig letters for riots anid af'rays, tagrancV .
selling by lflse Lra2gbts and measures, Jesiroving beacons and
buLIs, burrnng stacks of corn, fodder, &c. ; wilfully burning soods,
or lerne-, or killing c.itle, or dri rig iheii frum rane- ; or purchas-
ini from a i.nte %tnbout a tlicke, for these, and [llany other ofil'-uLes,
lthi utlrJrs mayiui be purnithedI by either whipping or imprisonment
in some ca-.,: s.and by Impris)iiinenr in each of their. Thesc cases,
ill the opinion of your coimnltee. do inot require so severe punish-
rieit as io danioiunt 1o disfranc'hisement of the oflfnder
Nor wouli \ie ilitigly close the door (to Iht reformuation of'
oflenid, r- )2iinst ilie- pin al la ws) by excluding them Irom the rights
of i'l izeii'hip, v hich, in the oplinon ol your cotitnittee, would render
lhern lard.ined and abandontid, and inore prone to crime than if
tbey were treated, as heretofore, with less severity.
For tlihen and other reasons ;your committee are of opinion that
the bill is uniieces-s ary and impolitic. They thertl'ore report agatinsi.
it, and ask to be discharged Irom further consideraLion of the sub-
ject. TEMPLE PENT, Chaitman."
hiic.h was read, and concurred in.
SMr. Irtin, from a joint select committee, presented The following
REPORT:
The- joint select coimmitee, to which wa. referred the commu-
nication of the Secretiry of FlorIda, made to the Speaker of the
House of Representatives, on dhe subject of tile laws of Congress
relative to Florida, passed subsequenr to the year 1\37, have had
the same under consideration, and becg leave to report-
That t ey deem nt important that all the laws referred toodf a
general character, should be furnished to each member,-whereby










they will be enabled to understand more fully their duties as Legis-
lators :-Therefore, we respectfully recommend the adoption of the
following resolution :
Resolved, by the Governor and Legislative Council of the Terri-
tory of Florida, That the Secretary of Florida be requested to have
printed, as soon as practicable, and at the least expense, one hun-
dred copies of the laws named in the annexed list, and furnish each
member of both Houses of the Legislative Council with one copy,
in a proper form to be attached to the pamphlets containing the
laws of Congress relative to Florida, passed prior to the year
1838. C: C. YONGE,
Ch'n on part of the Senate.
J. IRWIN,
Ch'n on part of the House.

List of Laws of Congress passed in 1838.
An act making appropriations for certain roads in the Territory
of Florida-Chapter 164, page 106.
An act to organize the Legislative Council of Florida, and for
other purposes-Chap. 168, p. 109.
An act.to establish a new Judicial District in the Territory of
Florida-Chap. 181, p. 156.
Laws passed in 1839.
An act making appropriations for preventing and suppressing In-
dian hostilities-Chap. 93, p. 79.
An act to provide for the erection of public buildings in the Ter-
ritory of Florida---Chap. 70, p. 37.
An act for the relief of certain officers of the Florida militia-
Chap. 100, p. 89.
Laws passed in 1842.
Extract from an act making appropriations for civil and diplo-
matic expenses of Government for the year 1842-Chap. 29, No.
173, p. 28; also, No. 117, p. 22.
An act to provide for the armed occupation and settlement of the
unsettled part of East Florida-Chap. 122, p. 87.
An act for the payment of Florida militia-Chap. 280, p. 220.
Which report was concurred in, and the reported resolution order-
ed for a second reading to-morrow.
The Senate transmitted to the House the following message:
SENATE CHAMBER,
January 31st, 1843. S
To the Hon. Speaker of the House of Representatives :
I herewith transmit to your House two memorials to the Congress
of the United States, asking appropriations for certain purposes
therein mentioned, which were adopted by the Senate this morning.
Respectfully, THOS. T. LONG,
Secretary of the Senate.











To the Honorable the Senate and House of Representatives of the'
United States in Congress Assembled:
The memorial of the Senate and House of Representatives of the
Legisllive Council of Florida, respectfully sheweth:
That the appropriation made by Congress for the erection of a
Capitol at Tallahassee, in the Territory of Florida, has been faith-
fully expended by the Territorial officer assigned to that duty, togeth-
er with the proceeds of the greater portion of the land granted for
the same purpose, as will appear by his report transmitted on a for-
mer occasion to your honorable bodies:
That the building being designed to be permanent and worthy the
munificence of Government, has been expensive and costly in brick
work having been contracted at $24,500, and a portion of the wood
work, for $13,000. That the Commissioner perceiving the means
in his power inadequate to the completion of the entire work, re-
solved upon finishing a part of the building, with a view to the ac-
commodation of the Two Houses of the Legislature, the Governor
and other Territorial officers; whoby 'h d destruction of the old gov-
ernment building, have been put to great inconvenience and expense
in procuring houses for their different uses. That this has been
effected, thus saving to the Government very nearly the sum of
$9,000, that would have been required to be paid in rent for other'
houses.
Your memorialists would further state that the portion of the build-
ing unfinished has the walls erected and timbers in, but is without
roof, the work having been progressed in, so far by the Commis-
sioner under the confident expectation of receiving from your hon-
orable bodies an appropriation of $20,000 more,'which was confi-
dently promised by our late delegate, and a law for which actually
passed the House of Representatives some sessions since.
That the Territory is without the means to be applied to this ob-
ject, and without assistance from Congress, the work thus exposed
to the weather, must speedily decay and be lost, requiring a much
greater expenditure to repair at a future time.
Your memorialists would therefore most respectfully ask an ap-
propriation of $20,000, to be applied to this purpose, and trust it
will not be deemed inappropriate, to refer to the past action of Con-
gress on the same subject in case of similar applications. In 1836,
an appropriation was made of $20,000 to the Territory of Iowa for
their Capitol; in 1838, a further appropriation of a like sum for the
same object was made, ample grants of land were made for this
purpose; to the State of Illinois, four entire sections; to Indiana
and Missouri, the same amount; Michigan, five; to Arkansas fifteen
sections and 1,000 acres of land for a Court House, at the seat of
government. To Florida, there has been a grant only of a section
and a half, for this purpose, one quarter of which was included in
the grant to Gen. LaFayette, and has not since been re-located.
All of which is respectfully submitted.
THOMAS BALTZELL, Chairman.









To the Honorable Senate and House of Representatives of the
United States :
The Memorial of the Legislative Council of the Territory of Flo-
rida, respectfully sheweth-
That they have several times, heretofore, applied to your Honor-
able Bodies for an appropriation for a library for the use of the
Court of Appeals of this Territory, of equal amount to those granted
to other Territories; and to which grants they beg leave respect-
fully to refer. These memorialists would further most respectfully
urge upon Congress a prompt attention to their prayer, in conse-
quence of the necessities attendant on the various and important
duties imposed upon the Judges of the several districts into which
this Territory is divided. These duties are every day becoming
more intricate and complicated, and, necessarily, demand a refer-
ence to those volumes which contain the collect; wisdom of ages;
and it is essential, for the consistency of justice, that the decisions
of the legal tribunals of this Territory should be fortified by refer-
ence to the principles, found in the books of authority, which have
at all times, in the United States, governed an enlightened judiciary.
Your memorialists would further respectfully represent that, in
addition to the ordinary jurisdiction of common law and equity, the
Courts of this Territory are compelled to take cognizance of cases
in Admiralty, in all their complex and intricate proceedings. It
also devolves on them to protect the United States from infringe-
ments of the Revenue Laws, and decree Fines and Forfeitures
.under the same ; and in time of war, it would be their duty to adju-
dicate cases of Seizure; and decide according to the Laws of
Nations, in all matters affecting prizes taken from enemies or
neutrals. Scattered as the principles which should govern such
decisions must necessarily be, through hundreds of volumes, it will
be evident to your Honorable Bodies, that the expense of procuring
them is not within the means of private individuals, except in very
rare instances, yet it is of essential importance to the very honor
and peace of the American people, that'the code which has been
adopted, and is acknowledged by all civilized nations, as that by
which those difficulties which arise between them in times of war
shall be adjusted, should be understood by the judiciary and within
their reach for authority and study, in the various languages in
which they have been published. And your memorialists would
also present for your consideration, the geographical position of
Florida ; by which it will be seen that, in time of war, all prizes
taken on the waters of the Gulf of Mexico, and such parts of the
Atlantic as order nn the West-India islands, would necessarily have
to be adjudicredl either at K'ey-West or Pensacola, Ihey being the
only two American harbors of sufficient depth of water to permit
the entrance of largee vessels.
It will scarcely, therefore, he deemed unreasonable that this
Territory should ask of Congress the means of doirin, according to
law, that in li which the United States are collectively so deeply in-









terested; and it will not seem that too much importance is attach-
ed to the learning and precedents found in the volumes that contain
the law of nations, or that its intricacies is operated, when it is
considered, that it has been framed on the experience of centuries,
by governments widely separated in latitude, under every variety
of climate and production, differing in language, prejudices, reli-
gion and education, and absolutely antagonist in their constitutions,
laws, and their adoption of the principles of natural law-the only
code, in fact, which has survived the mutations of peace and war,
and the rise and fall of nations, and the principles of which have
stood the test of almost every grade of intelligence and every de-
gree of civilization.
And your memorialists would also further represent, that in con-
sequence of this Territory having formerly been a Spanish prov-
ince, and governed by the civil law, the titles to a great portion of
land, and even the rights to personal property in many cases, are
derived from Spain, and must be adjudicated according to that
code. Indeed, it is notorious that the most important cases now
pending in the Territorial Courts will require a reference to Span-
ish law and books of authority thereon, before they can be decided
in a manner consonant with justice and equity, and, as many of
these books are costly, it would be unreasonable to expect the ju-
diciary, out of their limited salaries, to procure them at their own
expense.
In consideration of the premises, therefore, your memorialists re-
spectfully pray and urge upon Congress that an appropriation of
ten thousand dollars may be immediately granted for the purpose
of procuring a Library for the Court of Appeals, as aforesaid, and
placed at the disposal of the Legislative Council, that suitable per-
sons may be appointed to purchase such works as the faithful ad-
ministration of law and justice may require.
THOMAS BALTZELL, Chairman.
Which memorials were read the first time, and ordered for to-
morrow.
ORDERS OF THE DAY.
An engrossed bill, entitled An act to establish the county site
of Santa Rosa county," was read a third time, and passed. Ordered
that the title be as stated.
An engrossed resolution on the subject of a road from Quincy to
Apalachicola, was read a third time, and passed. Ordered that the
same be certified to the Senate.
A chapter entitled County Surveyor," was read a third time.
On the question of the passage of said chapter, the yeas and nays
were called by Messrs. Lancaster and Arnou, and were as follows :
Yeas-Messrs. Amos, Betton, Broward, Child, Dummett, For-
man, Haddock, Irwin, Patterson, Scott, Smith, and Zeigler-12.
Nays-Mr. Speaker, Messrs. Arnou, Cromartie, De la Rua, Floyd,
Knowles, M'Raeny, Pent, Selph, Stewart, Summerlin, Taylor of
Jefferson, Taylor of Mosquito, and Turner-14.
So the said chapter was lost.










A bill to be entitled An act to extend a charter granted to Da-
vid Platt, approved February 8th, 1839," was read a second time,
and ordered to be engrossed for to-morrow.
A preamble and resolutions offered by Mr. Arnou on yesterday,
asking a re-appropriation of money for opening a road from Talla-
hassee to Iola, was read a second time, and ordered to be engrossed
for a third reading to-morrow.
A preamble and resolutions adopted by the Senate, relating to
the claim of Ex-Governor Duval on the Government, was read a
second time, and ordered for to-morrow.
A bill entitled An act in relation to Garnishments," passed by
the Senate, was read a second time, and ordered for to-morrow.
A chapter entitled Surrogates," was read a second time, and
ordered for to-morrow.
The chapter entitled Auctioneers," read on yesterday, and or-
dered to be placed first among the orders of the day, for to-day, hav-
ing been returned to the Senate at their request, Ordered, that the
message from the Secretary of the Senate to the Secretary of the
House, be spread on the Journal.
SENATE CHAMBER,
January 30th, 1843.
To the Secretary of the House of Representatives :
The Senate have authorized me to send for the chapter relative
to Auctioneers. They request it sent back to the Senate.
T. T. LONG, Secretary.
The message from His Excellency the Governor, received on
yesterday, on the subject of nominations, was taken up, and the
following advised and consented to, viz:
Charles G. English, Commissioner of the Tallahassee Fund.
Henry L. Rutgers, Treasurer of the Territory.
John Miller, Auditor of the Territory.
Columbia County.
Elisha Green, Justice of the Peace.
Wm. B. Ross, Notary Public.
Calhoun County.
Jesse F. Potts, Judge of the County Court.
Duval County.
James A. Pickett, Justice of the Peace.
Escambia County.
George W. Barkley, Port Warden for the port of Pensacola.
Gadsdtn County.
Jonathan Robinson, Justice of the Peace.
Walton County.
Lewis B. Britt, Justice of the Peace.
The nominations other than the foregoing, were laid on the table.
The House adjourned until to-morrow.










WEDNESDAY, February 1, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
The House, under a rule'adopted on a former day, went first into
the consideration of the revised Statutes.
The chapters entitled Interest," "Weights and Measures,"
"Fugitives from Justice," "Draining Lands," were severally read
the first time, and ordered for a second reading to-morrow.
There being no other chapters reported to the House, the regu-
lar business of the day was taken up.
Mr. Summerlin gave notice that he would, on some future day,
ask leave to introduce a bill to establish a Ferry across the north
prong of the St. Marys river, one mile below Fort Moniac.
Mr. Scott gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled An act more particularly to
define the eastern boundary line of Jefferson County."
Mr. Speaker, having voted in the negative, moved a reconsidera-
tion of the vote of yesterday on the passage of the chapter entitled
SCounty Surveyors."
Which was agreed to, and the chapter ordered to be placed
among the orders of the day.
Mr. De la Rua presented a petition of sundry individuals of
Escambia county, praying that the charter granted to Abraham
Milsted, to build a toll-bridge across the Bay of Escambia, be
repealed.
Which was read, and laid on the table.
Mr. Floyd presented a petition of Mrs. M. L. W. Sprowl, praying
for a divorce from her husband, Crawford Sprowl.
Which was read, and laid on the table.
Mr. Child, from the joint select committee, made the following
REPORT:
"The joint select committee, appointed for the purpose of draft-
ing joint roles for the government of both Houses of the Legislative
Council, at the present.session, bog leave to report:
That they have had the same under consideration, and recom-
mend the adoption of the joint rules adopted by the last session of
the Legislative Council, for the present session.
J. CHILD, Chairman Com. H. Rep."
The Joint Committee of the Senate and House of Representatives,
appointed to prepare joint rules to govern the two Houses at this
session, report that they have agreed on the followingjoint rules:
I. That in every case of disagreement between the Senate and
House of Representatives, either House may suggest a conference,
and appoint a committee for that purpose; and the other House
shall also appoint a committee to confer. At a convenient hour to
be agreed on by their respective Chairman, said committee shall
meet, and confer freely on ithi subject of disagreement.
II. Messages from either House to the other shall be sent by such
persons as a sense of propriety in each House may determine proper.










II. After a bill shall have passed both Houses, it shall be duly
enrolled by the Clerk of the House of Representatives, or the Sec-
retary of the Senate, as the bill maV have originated in one or the
other Houses, before it shall be presented to the Governor.
IV. When bills are enrolled, they shall be examined by the Com-
mittee on Enrollments of the House in which they shall have orig-
inated, who shall carefully correct errors, and forthwith report the
same to the House; whereupon the presiding officer of such House
shall sign the same, and order the same to be transmitted to the
other House, and which shall be sufficient authority for the other
presiding officer to sign also.
V. In signing enrolled bills, the Speaker's name shall be signed
above the name of the President of the Senate.
VI. If a bill be returned rejected by the Governor, the yeas and
nays upon its reconsideration shall be first taken in the House in
which the bill originated. If a majority of two-thirds of that House
vote for the bill, it shall be transmitted to the other House; and if
two-thirds of that House concur in the passage thereof, it shall be
so certified by the President of the Senate, and the Speaker of the
House of Representatives, and the bill shall be passed to the Sec-
retary of the Territory. The two-thirds of each House necessary
to pass a bill against the veto of the Governor, is two-thirds of the
whole number elected to each House, and qualified-thus twenty
votes is necessary while the House consists of twenty-nine, and
eight votes while the Senate consists of eleven.
VII. When a bill or resolution which shall have passed in one
House is rejected in the other, notice thereof shall be given, to the
House in which the sanie may have passed.
VIII. When a bill or resolution which has been passed in one
House shall be rejected in the other, it shall not be brought in dur-
ing the same session without a notice of two days, and leave of a
majority of the whole House in which it shall be renewed.
IX. Each House shall transmit to the other all papers on which
any bill or resolution shall be founded, on request made, if not done
before.
X. After each House shall have adhered to their disagreement,
a bill or resolution shall be lost.
Which report was concurred in.

ORDERS OF THE DAY.
The House went into committee of the whole, Mr. McRaeny in
the Chair, on a bill to be entitled An act regulating the mode of
proceeding in attachments." After some time the committee rose,
and by their Chairman reported the bill back to the House, as
amended.
Which was concurred in, and the bill ordered to be engrossed for
to-morrow.
His Excellency, the Governor, transmitted to the House the fol-
lowing message:










EXECUTIVE OFFICE,
Tallahassee, January 21, 1843.
Gentlemen of the Senate and House of Representatives :
I transmit herewith, for the information of the Legislative Coun-
cil, a letter from Hanson Kelly, Esq., appointed by the board of
Directors to wind up the Bank of Pensacola accompanied by a
statement of the amount received since last report.
R. K. CALL, Governor of Florida.
Which was read and referred, with the accompanying document,
to the committee on Corporations.
The following message was received from the Senate:
SENATE CHAMBER, February 1, 1843.
To the Hon. Speaker and Gentlemen of the H, of Representatives:
I herewith transmit to your body a preamble and resolutions,
adopted by the Senate on yesterday. Respectfully,
THOS. T. LONG, Secretary Senate.
WHEREAS, The direct road leading from Jacksonville to Alligator,
a distance of about seventy miles, and on which the mail must
eventually pass, it being the only direct line; and it will be per-
ceived that the way the mail now goes, it is about one hundred
miles from the former to the latter place, is now very bad, and at
some times almost impassible : Therefore,
Be it resolved by the Governor and Legislative Council of the
Territory of Florida, That our Delegate in Congress be, and he is
hereby requested to use his best exertions to obtain an appropriation
of ten thousand dollars for the repairs of the aforesaid road.
And be it further resolved, That as soon as this preamble and
resolutions be passed and signed by the proper officers, a certified
copy of the same be forthwith forwarded to our Delegate in Con-
gress."
Which preamble and resolutions were read the first time, and
ordered for to-morrow.
A chapter entitled "County Surveyor," was taken up, amended,
and ordered to be engrossed for to-morrow.
On the question of agreeing to amend, the ayes and noes were
called by Messrs. Smith and Floyd, and were-
Yeas-Mr. Speaker, Messrs, Amos, Arnou, Betton, Cromartie,
De la Rua, Floyd, Forman, Haddock, Irwin, McRaeny, Patterson,
Pent, Scott, Selph, Stewart, Summerlin, Tabor, Taylor, of Jeffer-
son, Taylor, of Mosquito, Turner and Zeigler-22.
Nays-Messrs. Broward, Child, Dummett, Knowles and Smith
-5.
A memorial to Congress, adopted by the Senate, asking an appro-
priation for finishing the Capitol, was read a second time, and order-
ed to-morrow.
A preamble and resolutions respecting the claim of William P.
DuVal against the General Government, adopted by the Senate,









was read a third time and adopted. Ordered that the same be cer-
tified to the Senate.
A memorial to Congress, on the subject of a law library, adopt-
ed by the Senate, was read a second time, and ordered for to-morrow.
A preamble and resolutions, offered by Mr. Knowles on yester-
day, requesting the Delegate in Congress to use his best exertions
to have modified, or repealed, the act of Congress, providing that
" no session of the Legislature of a Territory shall be held until an
appropriation is made for its expenses, by Congress," was read a
second time, and ordered to be engrossed for to-morrow.
A preamble and resolution offered by Mr. Arnou, asking of Con-
gress a re-appropriation of money to open a road from Tallahassee
to Iola, was read a third time and adopted. Ordered to be certified
to the Senate.
A bill to be entitled "An act to extend a charter granted to David
Platt," approved 8th February, 1839, was read a third time and
passed. Ordered that the title be as stated.
A chapter entitled Resignations, Removals, Vacancies," was
read a second time, and ordered to be engrossed for to-morrow.
A chapter entitled Wills," was read a second time, and ordered
to be engrossed for a third reading to-morrow.
On the question of printing the chapter entitled Wills," the ayes
and noes were called by Messrs. Floyd and Smith, and were as
follows-
Yeas-Mr. Speaker, Messrs. Child, Cromartie, De la Rua, Had-
dock, McRaeny, Pent, Selph, Stewart, Summerlin, Tabor and Tur-
ner-12.
Nays-Messrs. Amos, Betton, Broward, Dummett, Floyd, For-
man, Irwin, Knowles, Patterson, Scott, Smith, Taylor, of Jefferson,
Taylor, of Mosquito, and Zeigler-14.
So the motion to print was lost.
Mr. Child, of Alachua, obtained leave of absence for two days.
The House then adjourned.

THURSDAY, February 2, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Forman, from the joint select committee, to whom was refer-
red the Revised Statutes of Florida," reported four chapters, viz:
" Justices of the Peace," Escheats," Descents," and Bastardy,"
without amendment.
Which chapters were severally read the first time, and ordered
for to-morrow.
Mr. Knowles, pursuant to previous notice, obtained leave to intro-
duce a bill to be entitled "An act for the relief of James Silvy, a free
man of color."
Which was read the first time, and lost.
Mr. Stewart, pursuant to previous notice, asked and obtained
leave to introduce a bill to be entitled An act to authorize James
10









was read a third time and adopted. Ordered that the same be cer-
tified to the Senate.
A memorial to Congress, on the subject of a law library, adopt-
ed by the Senate, was read a second time, and ordered for to-morrow.
A preamble and resolutions, offered by Mr. Knowles on yester-
day, requesting the Delegate in Congress to use his best exertions
to have modified, or repealed, the act of Congress, providing that
" no session of the Legislature of a Territory shall be held until an
appropriation is made for its expenses, by Congress," was read a
second time, and ordered to be engrossed for to-morrow.
A preamble and resolution offered by Mr. Arnou, asking of Con-
gress a re-appropriation of money to open a road from Tallahassee
to Iola, was read a third time and adopted. Ordered to be certified
to the Senate.
A bill to be entitled "An act to extend a charter granted to David
Platt," approved 8th February, 1839, was read a third time and
passed. Ordered that the title be as stated.
A chapter entitled Resignations, Removals, Vacancies," was
read a second time, and ordered to be engrossed for to-morrow.
A chapter entitled Wills," was read a second time, and ordered
to be engrossed for a third reading to-morrow.
On the question of printing the chapter entitled Wills," the ayes
and noes were called by Messrs. Floyd and Smith, and were as
follows-
Yeas-Mr. Speaker, Messrs. Child, Cromartie, De la Rua, Had-
dock, McRaeny, Pent, Selph, Stewart, Summerlin, Tabor and Tur-
ner-12.
Nays-Messrs. Amos, Betton, Broward, Dummett, Floyd, For-
man, Irwin, Knowles, Patterson, Scott, Smith, Taylor, of Jefferson,
Taylor, of Mosquito, and Zeigler-14.
So the motion to print was lost.
Mr. Child, of Alachua, obtained leave of absence for two days.
The House then adjourned.

THURSDAY, February 2, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Forman, from the joint select committee, to whom was refer-
red the Revised Statutes of Florida," reported four chapters, viz:
" Justices of the Peace," Escheats," Descents," and Bastardy,"
without amendment.
Which chapters were severally read the first time, and ordered
for to-morrow.
Mr. Knowles, pursuant to previous notice, obtained leave to intro-
duce a bill to be entitled "An act for the relief of James Silvy, a free
man of color."
Which was read the first time, and lost.
Mr. Stewart, pursuant to previous notice, asked and obtained
leave to introduce a bill to be entitled An act to authorize James
10










Bryan to establish a Ferry across the Suwannee river, at a place
known as the Old Indian Ford."
Which was read the first time, and ordered for to-morrow.
Mr. De la Rua presented a petition from the Judge and Clerk
of the County Court of Escambia county, praying that the charter
granted to Abraham Milstead to erect a toll-bridge across the Big
Escambia, be not-repealed.
Which was read, and laid on the table.
Mr. Taylor, of Jefferson, offered the following resolution:
Resolved, That (with the concurrence of the Senate) the Speak-
er of the House of Representatives and the President of the Senate
be added to the joint select committee, on the revised Statutes
submitted by Judge Marvin.
Which was read and adopted.
ORDERS OF THE DAY.
The preamble and resolution offered by Mr. Broward, on a for-
mer day, on the subject of faith bonds, was again read.
Mr. Floyd moved that they be laid on the table; and the ayes
and noes having been called on said motion by Messrs. De la Rua
and Floyd, were as follows:
Yeas-Messrs. Amos, Betton, Cromartie, De la Rua, Floyd, For-
man, Knowles, M'Raeny, Patterson, Pent, Taylor of Mosquito,
and Zeigler-12.
Nays-Mr. Speaker Messrs. Arnou, Broward, Dummett, Had-
dock, Irwin, Scott, Selph, Smith, Stewart, Summerlin, Tabor, Tay-
lor, of Jefferson, and Turner-14.
So the motion was lost.
On motion to lay the preamble and resolution on the table for
two weeks, the ayes and noes being called by Messrs. Floyd and
Tabor, were-
Yeas-Messrs. Betton, De la Rua, Floyd, Knowles-4.
Nays-Mr. Speaker, Messrs. Amos, Arnou, Broward, Cromartie,
Dummett, Forman, Haddock, Irwin, McRaeny, Patterson, Pent,
Scott, Smith, Selph, Stewart, Summerlin, Tabor, Taylor, of Jeffer-
son, Taylor, of Mosquito, Turner and Zeigler-22.
So the motion was lost.
Mr. Betton offered the following amendment by way of engross-
ed rider-:
Be it resolved, That, in the opinion of this Legislative Council,
the only responsibility for the payment of the said bonds, and interest
thereon, are the said banks and stockholders thereof.
Which amendment was accepted by the mover of the preamble
and resolution.
On the question of the adoption of the preamble and resolutions,
as amended, the ayes and noes were called by Messrs. Floyd and
Tabor, and were-
Yeas-Mr. Speaker, Messrs. Amos, Arnou, Betton, Broward,
Dummett, Forman, Haddock, Irwin, McRaeny, Patterson, Pent,








Scott, Selph, Smith, Stewart, Summerlin, Tabor, Taylor, of Jeffer-
son, Taylor, of Mosquito,Turner and Zeigler-22.
Nays-Messrs. Cromartie, De la Rua, Floyd, and Knowles--4.
So the preamble and resolution, as amended, was adopted. Or-
dered that the same be certified to the Senate.
A joint resolution, authorizing the printing of 100 copies of the
laws of Congress relating to Florida, was read a second time, and
ordered to be engrossed for a third reading to-morrow.
His Excellency the Governor transmitted to the House the fol-
lowing message:
EXECUTIVE OrrICC.
Tallahassee, 31st January, 4-13.'
Gentlemen of the Senate, and House of Representatives:
I have received from the State Department the number of copies
of the aggregate returns of the sixth census of the United States,
to which the Territory of Florida is entitled under a resolution of
Congress, consisting of 30 copies of the enumeration of the inhab-
itants of the United States, 30 copies of the census of Pensioners ;
30 copies of the statistical information taken and collected under
the act to provide for taking the sixth census; and 60 copies of the
compendium or abridgement of the sixth census.
I have also received, for the use of the Executive Department,
and for the use of each branch of the Legislative Council, one set
of the Documents of the second session of the 26th Congress, one
set of those of the first session of the 27th Congress, an index to the
the Executive Documents, and Reports of Committees of the House
of Representatives, from the 22d to the 25th Congress, both includ-
ed, and a volume containing the Resolutions, Laws, and Ordinan-
ces relative to the pay, half-pay, and commutation of half-pay,
bounty lands, and other promises made by Congress to officers and
soldiers of the Revolution, to the settlement of accounts between
the United States and the several States, and to funding the Rev-
olutionary debt.
I communicate this intelligence, in order that the Legislative
Council may take such action in relation to the disposition of these
several Documents, as may be deemed necessary and proper.
R. K. CALL,
Governor of Florida.
Which was read, and laid on the table.
The following message was received from the Senate:
SENATE CHAMBER, February 2, 1843.
To the Honorable Speaker of the House of Representatives:
Sir-The Senate has passed a memorial praying Congress to
alter the organic law so as to allow this Territory the right of elec-
tion of Governor and Judges. Respectfully,
THOMAS T. LONG, Secretary of Senate."
Which was read.









"WHEREAS, the people of this Territory, though not members of
any of the States of the Union, are yet citizens of the United States,
and entitled, so far as their position will allow to all the rights
and privileges of freemen: And whereas, it is against the spir-
it of American Institutions, as plainly declared in the Constitu-
tion of the United States, and anti-republican, that the highest
and most important offices of the Territorial Government, their
Governor and Judges, as has been frequently the case, should
be selected by, and these offices filled by strangers, unacquaint-
ed with the character, laws, habits, customs, and institutions of
the people, whose dearest interests are entrusted to their charge :
And whereas, the excuse for such appointments in the early ex-
istence of the Territory on account of the sparseness of the popu-
lation, and the difficulties of finding suitable persons therein, no
longer exists, and persons fully competent to perform the impor-
tant duties pertaining to said offices, to the satisfaction of the
people, can be found among the citizens of this Territory, as ex-
perience has clearly demonstrated:
Resolved therefore, That the Congress of the United States be,
and it is hereby earnestly invoked to amend and alter the Organic
law, so far as to permit the choice and election, by the people and
Legislature of this Territory, of the Governor, Judges, and such
other officers as may be deemed most expedient.
The memorial and resolution adopted by the Senate, praying
Congress to alter the Organic law, so as to allow the people of
Florida the right of electing their Governor and Judges, was read,
the rule waived, read a second and third time, and adopted unani-
mously.
Ordered that the same be certified to the Senate.
A chapter entitled Surrogates," was read a third time, and pass-
ed. Ordered that the title be as stated.
A preamble and resolutions offered by Mr. Knowles, asking Con-
gress to repeal an act providing that there should be no session of
the Legislative Council held, until after an appropriation was made
by Congress for its expenses, was read and laid over until to-mor-
row.
The House then adjourned.


FRIDAY, February 3, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Floyd presented a protest, signed by himself, protesting
against the proceedings of yesterday, in adopting the preamble
and resolutions offered by Mr. Broward, on the subject of Faith
bonds.
On the question of allowing the protest to be spread on the Jour-
nal, the yeas and nays were called by Messrs. Smith and Floyd,
and were as follows :










Yeas-Messrs. Arnou, Betton, Cromartie, De la Rua, Floyd,
Knowles, Smith-7.
Nays-Mr. Speaker, Messrs. Amos, Broward, Dummett, Forman,
Haddock, Irwin, M'Raeny, Patterson, Pent, Scott, Selph, Stewart,
Snmmerlin, Tabor, Taylor of Jefferson, Taylor of Mosquito, Turner,
and Zeigler-19.
So the same was refused.
Mr. Taylor, of Jefferson, moved that the Representative from
Franklin county have leave to withdraw or amend the protest offer-
ed by him this morning relative to certain proceedings of yesterday,
as the same, in the opinion of this House, in its present shape, is
disrespectful.
Which motion prevailed.
Mr. Taylor, of Jefferson, according to previous notice, obtained
leave to introduce An act more particularly to define the eastern
boundary line of Jefferson county."
Which was read the first time, and ordered for to-morrow.
SENATE CHAMBER, )
February 3d, 1843.
To the IHon. Speaker of the House of Representatives :
I herewith transmit a chapter entitled Auctioneers," of the Re-
vised Statutes of Judge Marvin's reports, which passed the Senate
without amendment. Respectfully yours, &c.
THOS. T. LONG, Sec'y Senate.
The chapter entitled Auctioneers," was read the first time, and
ordered for to-morrow.
The following message was received from the Senate:
SENATE CHAMBER,
February 3d, 1843.
To the Hon. Speaker of the House of Representatives :
The Senate have passed the following bills, viz :
Mr. Hart's preamble and resolution relating to State Government.
An act to amend an act to incorporate the city of Port Leon.
An engrossed resolution on the subject of the Quarter-master's
papers.
Resolution respecting Columbia county.
An act to establish a county site in Mosquito county.
An act to organize a county to be called Hernando County, with
this amendment to the 7th section :' That the Superior Court of
the Eastern District, now directed by law to be held at Newnans-
ville, shall be held for the counties of Alachua, Hernando, and
Hillsborough, as heretofore; and all suits to be brought or com-
menced in the Superior Court against persons residing in either of
those counties, may be brought in the said Court held at'the place
aforesaid-and all process in such suits shall be made returnable
at the terms of the said Court to be held at Newnansville, afore-
said. Very respectfully,
Your obedient servant,
THOS.. T. LONG, Sec'y Senate.
Which was read.










The preamble and resolutions adopted by the Senate, entitled
"State Government," was read the first time, and ordered for to-
morrow.
The hill entitled An act to amend an act to incorporate the city
of Port Leon," and passed by the Senate, was read the first time,
and ordered for to-morrow.
The bill entitled An act to organize a county, to be called Her-
nando county," passed by the House and amended by the Senate,
was taken up, and the. amendment agreed to.
Ordered that the same be certified to the Senate.
The following bill and resolutions, which had passed the House
and sent to the Senate, were returned by the Senate as passed and
adopted without amendment, viz :
A bill entitled An act to establish a County site in Mosquito
county.
A resolution in relation to increasing the number of representa-
tives from Columbia county.
And a resolution on the subject of the Quarter Master's papers.

ORDERS OF THE DAY.
An engrossed resolution authorizing the printing of 100 copies of
the acts of Congress relating to Florida, was read the third time,
and adopted. Ordered that the same be certified to the Senate.
An act in relation to Garnishment, was read, and ordered for
Tuesday next.
A chapter of the Revised Statutes, entitled Weights and Meas-
ures," was read the second time, and ordered for to-morrow.
A chapter entitled "Interest," was read, and the House, on mo-
tion of Mr. Speaker, went into committee of the whole, Mr. Arnou
in the Chair, on said chapter. After some time, the committee
rose, and by their chairman, reported the said chapter as amended.
Which report was concurred in.
Mr. Floyd moved that the vote on concurring in the report of the
committee of the whole, be reconsidered. Which motion prevailed.
Mr. Floyd moved that the word eight" be stricken out, and
"seven" inserted, and the yeas and nays being called on striking
out, by Messrs. Floyd and Betton, were as follows:
Yeas-Mr. Speaker, Messrs. Amos, Arnou, Betton, Broward,
Child, Cromartie, De la Rua, Dummett, Floyd, Haddock, Knowles,
Patterson, Pent, Taylor, of Mosquito, and Zeigler-16.
Nays-Messrs. Forman, Irwin, Scott, Selph, Smith, Stewart,
Summerlin, Taylor, of Jefferson, and Turner-9.
So the motion prevailed.
On the question of inserting the word "seven," the ayes and noes
were called by Messrs. Irwin and Scott, and were-
Yeas-Mr. Speaker, Messrs. Amos, Betton, Broward, Child,
Cromartie, De la Rua, Dummett, Floyd,Forman, Haddock, Knowles,
Patterson, Pent, Taylor, of Mosquito, and Zeigler-16.










Nays- Messrs. Arnou, Irwin, Scott, Selph, Smith, Stewart,
Summerlin, Taylor, of Jefferson, and Turner-9.
So the motion prevailed.
The chapter was then reported to the House without amend-
mbnt.
Which report was concurred in, and the bill ordered for a second
reading to-morrow.
The House then adjourned.

SATURDAY, February 4, 1843.
The House met pursuant to adjournment and, there being a quo-
rum present, the.Journal of yesterday's proceedings was read.
Mr. Turner offered the following resolutions:
Resolved by the Governor and Legislative Council of the Terri-
tory of Florida, That our Delegate in Congress be, and he is here-
by requested to use his best exertions to procure an appropriation
for the removal of obstructions to the navigation of the Choctaw-
hatchie river.
Resolved further, That a copy of these resolutions be signed by
the proper officers of both Houses, and forthwith transmitted to the
Hon. David Levy, Delegate in Congress."
Which resolutions were read the first time and ordered for Mon-
day next.
Mr. Knowles, from the Committee on the State of the Territory,
made the following report:
The Committee on the State of the Territory, to whom was refer-
red the message of the Governor, enclosing a report and resolu-
tions passed by the Georgia Legislature at its late session, relative
to sundry resolutions of the commonwealth of Massachusetts,
against the laws of Georgia, which forbid the ingress into that
State of free negroes, on pain of imprisonment, beg leave to
REPORT:
That though, for the present, the people of Florida are not per-
mitted to exercise all the rights and privileges of the citizens of
free and independent States, yet, in common with the whole South,
they feel deeply interested in the important subject entrusted to
their consideration. Your committee have noticed, with no small
degree of apprehension and displeasure, the continued interference
of a portion of the Northern States, with the domestic polity of the
South. They have listened with pain to the loud denunciations of
a wild and misguided fanaticism, and have solemnly felt that unless
its spirit was checked, and its designs thwarted, it would ultimately
sever the ties of political brotherhood, which now bind together
the different families of this great and growing confederacy, and
sweep away the very foundations of our free institutions.
All that the people of the South desire, is to be let alone-to be
allowed to manage their own affairs in their own way ;-to look after










their own interests, and the liberty of deciding upon their own
rights; to make such laws, and establish such rules and regulations as
the peculiar circumstances and condition of their population,white and
black, require ; without, however, overlooking those wise constitu-
tional barriers reared up by the sages of the Revolution, for the
permanent security and welfare of the whole Republic. Your com-
mittee believe that the South cherishes the most profound venera-
tion for that instrument which has been rightly styled the charter
of our liberties." To it they look as their only security against
external enemies, and under its ample covering they hope ever to
find shelter and protection.
We are not aware that the South has ever interfered with the
municipal regulations of the North. We have never, in a spirit of
arrogant dictation, attempted to regulate their internal policy, or
change its features. We have im,,, i.i, conceded to our Northern
brethren both the power and the wisdom to manage their own af-
fairs, and to the best advantage. Although thousands of their peo-
ple, white and black, are suffering more abject poverty, and groan
under a deeper moral and physical degradation than the slaves of
the South, yet we have never sent among them teachers of philan-
thropy, nor dictated to their law-givers new systems of civil juris-
prudence. We have thought it indelicate to intrude upon their Le-
gislatures official advice, presuming that they, like ourselves, pos-
sessed sufficient wisdom to frame their own laws, and decide upon
their merits.
Your committee believe that no portion of the South requires
greater vigilance, upon the subject referred to them, than Florida.
Her coast is almost illimitable, and her harbors and ports of entry
very numerous. Hence the necessity of wise laws, prudently but
certainly enforced, against the introduction of a population calcu-
lated to corrupt and render discontented our slaves. Should these
laws appear harsh to our Northern brethren, let them reflect that
their unwise and officious interference has occasioned their enact-
ment, and that the responsibility rests with them. Let them re-
member that self-preservation is the first law of nature ; and that,
whilst they continue to brandish the incendiary torch, we shall en-
deavor to throw around our homes and firesides all those safeguards
which the constitution permits, and public and private security
dictates.
In conclusion, your committee would recommend the adoption of
the following resolutions :
Resolved, by the Governor and Legislative Council of the Terri-
tory of Florida, That the sentiments expressed by the Legislature
of Georgia, in the report and resolutions transmitted to the Execu-
tive of this Territory, and referred to this House, upon the subject
of laws preventing the ingress of free negroes into the ports of that
State, meet with our most cordial approbation.
Resolved, That the frequent and unwarrantable interference of
the Northern States with the domestic institutions of the South, is
indelicate, and well calculated to excite our displeasure and dis-










trust, and disturb those friendly relations, so necessary to the hap-
piness and peace of the whole Union.
Resolved, That the Governor of this Territory be requested to
have a copy of the above report and resolutions transmitted othe
Governors of the different States of this Union.
Which was concurred in, and the resolutions read the first time
and ordered for Monday next.
A memorial adopted by the Senate, asking of Congress an ap-
propriation for finishing the Capitol was read the third time and
adopted. Ordered that the same be certified to the Senate.
A memorial adopted by the Senate, asking an appropriation from
Congress for a law library, was read a third time and adopted by the
House. Ordered that the same be certified to the Senate.
A Chapter of the Revised Statutes, entitled Elections", was
taken up and made the special order of the day for Monday next.
A Chapter entitled Wills" was read a third time and passed.
Ordered that the title be as stated.
The House went into Committee of the Whole on a preamble
and resolutions offered on a former day, by Mr. Knowles, asking of
Congress a repeal or modification of the law passed at the 2d Ses-
sion of the 27th Congress, providing that no session of the Legis-
lative Council shall be held, until an appropriation shall have been
made for its expenses, by Congress; and limiting the pay of the
chief Secretaries, and other officers, to three dollars per day. After
some time spent in the consideration thereof, the committee rose,
and by their Chairman reported the same as amended.
Mr. Knowles moved that the following amendment, offered by
Mr. Speaker.on committee of the whole, be adopted, viz:
Resolved, That our Deleg e in Congress be requested to pro-
cure such modification of said act, as will authorize the Legislative
Council to employ a sufficient number of officers to discharge the
reasonable service of the respective Houses ; and to allow them
reasonable compensation for their respective services, to be deter-
mined by the Legislative Council.
On the question of the adoption of the proposed amendment, the
ayes and noes were called by Messrs. Formanannd Floyd, and were
as follows :
Yeas-Mr. Speaker, Messrs. Arnou, Betton, Child, Cromarie,
Knowles, M'Raeny, Pent, Selph, Tabori Taylor of Mosquito, and:
Turner-12.
Nays-Messrs. Amos, Broward, De la Rua, Dummett, Floyd, For-
man, Haddock, Irwin, Patterson, Scott, Smith, Stewart, Summerliti,
and Zeigler-14.
So the amendment was lost.
The report of the committee of the whole, of the preamble and
resolution as amended, was concurred in, and the same ordered fo
Monday next.
The following message was received from the Senate











SENATE CHAMBER,
February 4th, 1843.
'to the Hon. Speaker of the House'of Representatives :
Sir-The Senate has passed the act of Judge Marvin's Reports
relative to County Commissioners.
Also, an act to secure the people of Florida against the evils of
a depreciated currency.
The motion of Mr. Smith, relative to enrolling, was ordered to
be sent back to the House. Respectfully,
Your ob't servant,
T. T. LONG,
Secretary of the Senate.
The order made by'the House in relation to the enrollment of
Judge Marvin's Chapters of the revised statutes, certified to the Sen-
ate, and sent back to the'House without having been acted 'on by
the Senate, was laid on the table.
The House received from the Senate, as having passed that bo-
dy without amendment, a Chapter of the Revised Statutes, erititled
" County Commissioners."
Also, a bill to be entitled "An adt to secure the people of Florida
from the evils of a depreciated currency," as having passed that
body, which bill was ordered to be placed among the orders of the
day.
The House adjourned until Monday, 11 o'clo~k.

MONDAY, February 6,1843.
The House met pursuant to adjournment, and there being a quo-
tum present, the Journal of Saturday's proceedings was read.
Mr. Selph moved 1hat the Judiciary Committee be instructed to
investigate the propriety of introducing a bill to compel witnesses
to appear and give evidence before commissioners, when a commis-
sion is sued out, to take depositions and ihterrogatories.
Which motion prevailed.
Mr. M'Raeny gave notice that he would, at an early day, intro-
duce a bill in relation to judgments and executions, and the ap-
praisement of property subject to the same.
Mr. Haddock gave notice that he would, on some future day, ask
leave to introduce a 'bill 'to authorize Josiah King 'to establish a
Ferry across the St. Mary's river, at a place known as King's Ferry.
Mr. Child, from the Committee on the Judiciary, made the follow-
ing report:
The Committee on the Judiciary, to whom was referred a bill
o be entitled An act to define and enlarge the number of Seima-
orial Districts,"
REPORT:
That they have had the same under consideration, and that a
majority of said committee ask leave to report the same to the
House without amendment. J. CHILD,
Chairman Judiciary Committee."









Which was concurred in, and the bill reported on placed among
the orders of the day.
ORDERS OF THE DAY.
A chapter of the revised Statutes entitled Dower," made the
special order of the day for to-day, was, on motion of Mr. Knowles,
withdrawn for the present, at the request of the Hon. Judge Marvin.
The House went into Committee of the whole, Mr. Knowles in
the Chair, on a chapter of the revised Statutes entitled Elections."
After some time spent in consideration thereof, the committee rose
and, by their Chairman, reported said chapter with sundry amend-
ments.
The action of the House on concurring in said report was, on
motion of Mr. Smith, postponed until to-morrow.
A chapter of the revised Statutes entitled Auctioneers," receiv-
ed from the Senate as having passed that Body, was read the second
time.
Mr. Knowles moved that the word four," in the fifth line of the
first section be stricken out, and the word "two" inserted.
Which amendment was agreed to.
The rule was then waived, the chapter read a third time by the
title and passed. Ordered that the title be as stated.
The House took a recess until 3 o'clock.

3 o'clock, P. M.
A chapter entitled Bastardy," was read a second 'time, and
referred to a select committee, consisting of Messrs. .Taylor, of
Mosquito, Floyd and Knowles.
A chapter entitled Descents," was read a second time, rule waiv-
ed, read a third, and passed. Ordered that the. title be as stated.
A chapter entitled Escheats," was read a second and third time
(the rule being waived} and passed. Ordered that the title be as
stated.
A chapter entitled Justices of the Peace," was read a second
time, fifty copies ordered to be printed in close form, and the bill
ordered for a third reading on Monday next.
A chapter entitled. Draining Lands," was read a second time,
the rule waived, read 4. third time by the title, and passed. Order-
ed that the title be as stated.
A chapter entitled County Surveyor," was read a second time,
the rule waived, read a third time by the title, and passed, Order-
ed that the title be as stated,
A chapter entitled Fugitives from Justice," was read a second
time, the rule waived, read a third time by the title, and passed.
Ordered that the title be as stated.
A chapter entitled. Weights and Measures," was read a third
time, and passed. Ordered that th6 title be as stated.
An engrossed bill to be entitled An act regulating the mode of
proceeding in attachments," was read a third time. The House
went into committee of the whole, Mr. McRaeny in the Chair, op










said bill. After some time spent in the consideration of the same,
the committee rose and, by their Chairman, reported the bill to the
House as amended.
Which report was concurred in, the bill read a second time by
its title, the rule having been waived, and ordered to be engrossed
for to-morrow.
A bill to be entitled An act more particularly to define the east-
ern boundary line of Jefferson county," was read a third time, and
ordered to be engrossed for to-morrow.
A chapter entitled Interest," was read a second time, and pass
ed. Ordered that the title be as stated.
The House then adjourned until to-morrow.


TUESDAY, February 7, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Knowles moved that so much of the rule adopted by this
House, on the 27th January, which provides that from 10 to 11
o'clock, A. M., be appropriated to the reading and disposal of the
Digest of Laws of Judge Marvin, be rescinded.
Which motion was lost.
Mr. Zeigler, pursuant to previous notice, obtained leave to intro-
duce the following bills, viz:
A bill to be entitled An act to incorporate the Directors and
Trustees of the St. Andrews Bay Land Company."
Also, a bill to be entitled An act to incorporate the Quincy
Light Horse."
Which bills were read the first time, and ordered for to-morrow.
Mr. Summerlin, pursuant to previous notice, obtained leave to in-
troduce a bill to be entitled An act to authorize William Rawlin-
son to establish a Ferry across the North prong of the St. Mary's
river."
Which was read the first time, and ordered for to-morrow.
Mr. Floyd gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled An act to prevent masters
of ships or vessels, and other persons, from throwing ballast into
the Bay of Apalachicola."
Mr. Zeigler gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled An act to empower Patrick
Augustus M'Griff, a minor, to assume the management of his own
estate."
Mr. Scott offered the following resolution :
Resolved, That the Legislative Council now in session adjourn
sine die, on the twenty-eighth of the present month.
Which resolution was read the first time.
On the question, Shall the resolution be read a second time to-
morrow '" the yeas and nays were called by Messrs. Smith and
paddock, and were as follows.:










Yeas-Mr. Speaker, Messrs. Amos, Arnou, Broward, Child, Cro-
martie, De la Rua, Dummett, Floyd, Knowles, Scott, Selph, Smith,
Taylor of Jefferson, Taylor of Mosquito, and Zeigler-16.
Nays-Messrs. Betton, Haddock, Irwin, M'Raeny, Patterson,
Pent, Stewart, Summerlin, Tabor, and Turner-10.
So the said resolution was ordered to be read a second time to-
morrow.
ORDERS OF THE DAY.
A chapter of the Revised Statutes, entitled Elections," was ta-
ken up.
Mr. Smith moved that the 6th section of article 1, prescribed in
committee of the whole, and inserted, be stricken out.
The yeas and nays being called on said motion by Messrs. Pent
and Stewart, were as follows:
Yeas-Messrs. Dummett, Floyd, Irwin, Smith, and Tabor-5.
Nays-Mr. Speaker, Messrs. Amos, Arnou, Betton, Child, Cro-
martie, De la Rua, Haddock, Knowles, M'Raeny, Patterson, Pent,
Scott, Selph, Stewart, Summerlin, Taylor of Jefferson, Taylor of
Mosquito, Turner, and Zeigler-20.
So the motion was lost.
Mr. Smith moved that in the 1st, 2d, and 3d sections, in article
2, the words six months" be stricken out, and one year" be rein-
stated, as in the Revised Law for the qualification of a voter.
The yeas and nays being called on said motion, were as follows:
Yeas-Messrs. Broward, Dummett, Floyd, M'Raeny, Patterson,
Scott, Smith, Tabor-8.
Nays-Mr. Speaker, Messrs. Amos, Arnou, Betton, Child, Cro-
martie, De la Rua, Haddock, Irwin, Knowles, Pent, Selph, Stewart,
Summerlin, Taylor of Jefferson, Taylor of Mosquito, Turner, and
,Zeigler-18.
So the motion was lost.
Mr. Child moved that in the 6th line of the 3d section of the 2nd
article, the word six" be stricken out and the word "three" in-
serted.
Which motion was lost.
The report of the committee of the whole on said chapter entitled
Elections," made on yesterday, was concurred in, and the chap-
ter ordered to be engrossed for to-morrow.
A bill to be entitled An act to define and enlarge the Senato-
rial Districts," was taken up and postponed to, and made the order
of the day for Friday next.
An engrossed bill received from the Senate, entitled An act to
secure the people of Florida against the evils of a depreciated cur-
rency," was read the first time, and ordered for to-morrow.
The House went into committee of the whole, Mr. Child in the
Chair, on a preamble and resolutions received from the Senate on
the subject of State Government, after some time the committee
rose, and by their Chairman, reported the same without amendment.
Which report was concurred in, and the preamble and resolu-
tions ordered for to-morrow.









Sundry resolutions offered by Mr. Turner on a former day, asking
the Delegate in Congress to apply for an appropriation for the
removal of obstructions to the navigation of the Choctawhatchee
river.
Which were read the second time, and ordered to be engrossed
to-morrow.
A preamble and resolutions offered by Mr. Knowles, on a former
day, applying for a modification or repeal of the act of Congress,
which provides that no session of a Legislative Council shall be
held until after an appropriation has been made by Congress for its
expenses, &c., was again read.
Mr. Knowles moved to amend the same by inserting the follow-
ing :
And, also, to increase the compensation of its officers."
Which amendment was agreed to.
On the question of waiving the rule, and allowing said preamble
and resolutions to be read a second time to-day, the yeas and nays
were called by Messrs. Smith and Floyd, and were-
Yeas-Mr. Speaker, Messrs. Amos, Betton, Child, Cromartie, De
la Rua, Knowles, Patterson, Pent, Stewart, Taylor, of Jefferson,
Taylor, of Mosquito, Turner and Zeigler-14.
Nays-Messrs. Broward, Dummett, Floyd, Haddock, Irwin, Scott,
Selph, and Smith-8.
There not being three-fourths in favor of the motion, the same
was lost.
Ordered that the preamble and resolutions be engrossed and read
a second time to-morrow.
A bill to be entitled An act to authorize James Bryan, to estab-
lish a Ferry across the Suwannee river, at a place known as the
Indian Fort."
Which was read a second time, and ordered for to-morrow.
A bill received from the Senate, entitled An act to amend an
act to incorporate the city of Port Leon," was read a second time.
Mr. Floyd moved the indefinite postponement of the bill, which
motion was lost.
Mr. Speaker moved that the following words, except such Fer-
ries and bridges as are the private property of individuals or com-
panies," be stricken out, and the following inserted, viz : Leading
to said town ; but this privilege shall not extend to any control over
any road, bridge, or ferry, leading to or from any other places, esta-
blished or to be established."
Which motion was carried, the amendment made, the bill laid on
the table, and 50 copies ordered to be printed in close form.
A chapter of the Revised Statutes, entitled Resignations," was
read a third time.
On the question of its passage, the yeas and nays were called by
Messrs: Tabor and Arnou, and were as follows :
Yeas-Mr. Speaker, Messrs. Amos, Betton, Browaid, Dummett,
Floyd, Haddock, Patterson, Smith, Stewart, Taylor of Mosquito, and
Zeigler-12.











Nays-Messrs. Arnou, Child, Cromartie, 'De 'la Rua, Irwin,
Knowles, Pent, Scott, Selph, Summerlin, Tabor, Taylor of Jefferson,
and Turner-13.
So the said chapter was lost.
A bill entitled "An act regulating the mode of proceeding in at-
tachments," was read a third time.
On the question of the passage of said bill, the yeas and nays
were called by Messrs. Floyd and Taylor'of Mosquito, and were as
follows:
Yeas-Mr. Speaker, Messrs. Amos, Arnou, Broward, Child, Cro-
martie, De la Rua, Dummett, Haddock, Irwin, Knowles, Patterson,
Pent, Scott, Selph, Smith, Stewart, Summerlin, Turner, and Zei-
gler-20.
Nays-Messrs..Betton, Floyd, Tabor, Taylor of Jefferson, Taylor
of Mosquito-5.
So the said bill passed. Ordered that the title be as follows:-
" An act to amend an act regulating the mode of proceeding on at-
tachments, and an act concerning executions, and for other pur-
poses.
A bill entitled An act more particularly to define the eastern
boundary line of Jefferson county," 'was read the third time, and
passed. Ordered that the title be as stated.
The following communication was received from the Senate:
SENATE CHAMBER,
February 7th, 1843.
To the Hon. Speaker of the House of Representatives::
Sir: The Senate has passed "An act to authorize Thomas Walker
to establish a Ferry on -the Alapahaw river."
"An act to fix the times of holding the Superior Courts in the
District of East Florida." Respectfully,
Your ob't servant,
THOMAS T. LONG, Sec. Sen.
Which was read.
The House adjourned until to-morrow.

WEDNESDAY, February 8, 1843.
The House met pursuant to adjournment, and there being a quo-
rum present, the Journal of yesterday's proceedings was read.
Mr. Bush, a member from Jackson County, appeared, and was
sworn by T. R. Betton, Esq., a Justice of the Peace for the county
of Leon, and took his seat.
Mr. Child moved a reconsideration of the vote taken yesterday
on the passage of a chapter entitled Resignations."
Which motion prevailed, and the chapter was ordered to be pla-
ced first among the orders of the day.
Mr. Scott moved that the Committee on Internal Improvements
be instructed to take into consideration the act concerning Roads,
Highways, and Bridges, and report any amendment or alteration
they may deem necessary, by bill or otherwise.











Which motion prevailed.
Mr. Dummett gives notice that he will, on some future day, ask
leave to introduce a bill to change the name of Matias Lorenzo to
Matias Andreu.
Mr. Haddock, pursuant to previous notice, introduced a bill to be
entitled An act to authorize Josiah King to establish a Ferry
across the St. Mary's river."
Which was read the first time, and ordered for to-morrow.
Mr. Floyd, :tiu-itut to previous notice, obtained leave to intro-
duce a bill to be entitled An act to prevent masters of ships and
vessels, and other persons, from throwing ballast in the Bay of Ap-
alachicola."
Mr. Child, from the joint select committee appointed to examine
the Revised Statutes of the Hon. Judge Marvin, made the following
REPORT:
"The joint select committee, appointed to examine the Digest of
Laws compiled by the Hon. Wm. Marvin, have directed the chap-
ters, viz: Costs and Jurors," to be reported to the House Without
amendment. J. CHILD, Ch'n Com. H. Rep."
Which was concurred in, and the following chapters disposed of:
A chapter entitled Jurors," was read the first time, the rule wai-
ved, read a second and third time by the title, and passed. Ordered
that the title be as stated.
A chapter entitled Costs," was read the first time, and ordered
for to-morrow.
Mr. Floyd presented a memorial of the Chamber of Commerce
of Apalachicola to the Legislative Council of Florida.
Which was read and referred to a select committee of three, viz :
Messrs. Floyd, Patterson, and Dummett.
The Speaker laid before the House a petition from sundry citizens
of Jackson county, praying a continuance of the law respecting ex-
ecutions.
Which was read, and ordered to be transmitted to the Senate.
Mr. Taylor of Mosquito offered the following preamble and reso-
lutions :
" WHEREAs, the importance of connecting the waters of the At-
lantic with the Gulf of Mexico is acknowledged by the intelligent
community of every portion of the United States, whether viewed
as essential to the defence of the South in aflor.)inr facility to
our Military operations in time of war, or regardiig ll,: safety of
the commerce of the Union around the Per-nmnula of Florida,
which is now subject to an annual loss of fi e hundred thousand
dollars per annum, or regarding the s.laC.y and facility of the
transportation of the mail from Charleston to New Orleans, by
which, at much less expense, and with greater speed, it can be
transported :
Be it therefore resolved, by the Governor and Legislative Council of
the Territory of Florida, That Congress be respectfully requested










to take early action to open a communication, either by canal or
railroad, from some point on the St. Johns River, in East Florida,
to some point on the Suwannee, or the Gulf of Mexico.
Be it further resolved, That a copy of the foregoing preamble
and resolutions, be transmitted to the President of the United States,
the Secretary of War, and the Post Master General, and that a co-
py be also transmitted to the President of the Senate, the Speaker
of the House of Representatives, and to our Delegate in Congress,
who is requested to urge on Congress the importance of the propos-
ed communication."
Which were read the first time, the rule waived, read a second
and third time, and adopted. Ordered that the same be certified to,
the Governor.
Mr. M'Raeny, from the Committee on Enrolled Bills, made the
following
REPORT:
The Committee on Enrolled Bills report, as correctly enrolled,
the following bills:
An act to establish a county site in Mosquito County.
An act to organize a new county, to be called Hernando County.
Resolution in relation to public papers.
Resolution in relation to an additional Representative in Columbia
County. D. M'RAENY, Ch'n."
Which was concurred in.
Mr. Child, from the Judiciary Committee, made the following
REPORT :
The Committee on the Judiciary, to whom was referred the motion
offered by Mr. Selph and adopted by this House, ordering that
the said Committee be instructed to investigate the propriety of
introducing a bill to compel witnesses to appear and give evi-
dence before commissions, where a commission is sued out to
take depositions or interrogatories," report:-_
That they have had the same under consideration, and inasmuch
as the code of laws compiled by the Hon. Wm. Marvin, (which will
no doubt soon become the laws of the land,) fully provides for the
object set forth by the order of the House, deem it unnecessary to
act further in the matter at this time, and therefore ask to be re-
lieved from further consideration of the subject.
\J. CHILD, Chairman Judiciary Cornm
Which was concurred in.
Mr. Betton, from the Committee on Finance and Public Accounts,
made the following
REPORT:
The Committee on Finance and Public Accounts, to whom was
referred the account of John W. Levinus, have the honor to report:
That they have had the same under consideration and find said ac-
count correct, and report the following resolution. All of which is
respectfully submitted. TURBUTT R. BETTON, Ch'n.










Resolved by the Legislative Gouncil, That the account of John
W. Levinus for supplying necessary furniture, &c. for the Senate
ind House be certified by the presiding officers of both Houses to.
the accounting officer at Washington, to be paid.
Which was concurred in.
The following message was received from the Senate:
SENATE CHAMBER,
February 3d, 1843. f
To the Hon. Speaker of the.House of Representatives:
Sir: The Senate have 'passed the Chapters of the "Revised
Statutes," entitled "Commission's" and Coroners," with the fol-
lowing amendment: The provisions of the foregoing Chapters
shall be in force from and after their approval by the Governor of
'this Territory."
The Chapters entitled Notaries Public, Counties, Sheriff, Coun-
'ty Clerk, Free Negroes or Mulattoes, Revised Statutes, Divorced
Seamen."
An act to extend a Charter granted to Daniel Platt," approved
February 8th, 1839.
An act to authorize William Fail to establish a ferry across the
St. Johns river, at Enterprize."
An act to authorize Thomas Williams to establish a toll bridge
across the Chipola river.
An act to authorize E. G. Miller to establish a ferry on the Oc-
klockonnee river, with this amendment: Be it further enacted
that this charter shall be subject to be amended or repealed by any
future Legislature of the State or Territory of Florida."
An act to establish the County Site of Santa Rosa."
"A resolution relating to the boundary line between Georgia and
Florida." Respectfully, &c.
THOS. T. LONG, Sec'y Senate.
The following bills and resolutions, passed by the House, were
received from the Senate, as having passed that body without
amendment, viz:
An act 'to authorize William Faill to establish a Ferry across the
St. Johns river, at Enterprize.
An act to establish the county site of Santa Rosa County.
An act to extend a charter granted to David Platt, approved Feb.
8th, 1839.
A chapter entitled Sheriffs."
A chapter entitled County Cleiks."
A chapter entitled Counties."
A chapter entitled Notaries Public."
A resolution on the subject of the boundary line between Georgia
and Florida.
The following bills passed by the House, and sent to the Senate,
were returned by the Senate amended, viz:
A chapter entitled Commissions."
A chapter entitled "Coroners ;" and









A bill entitled An act to authorize E. G. Miller to establish a
Ferry across the Ocklockonnee river."
Which several amendments were read, and concurred in.
The following bills were received from the Senate as having
passed that body, and sent to this House for its concurrence, viz :
A chapter entitled Divorce."
A chapter entitled "Revised Statutes."
A chapter entitled Free Negroes and Mulattoes ;" and
An act to authorize Thomas Williams to establish a toll bridge.
across the Chipola river.
Which bill and chapters were severally read a first time, and,
ordered for to-morrow.
A chapter entitled "Seamen," received from the Senate, as
having been passed by that Body, was read the first time, the rule
waived, read the second and third time, and passed. Ordered that
the title be as stated.
His Excellency the Governor transmitted to the House the fol
lowing message:
EXECUTIVE OFFICE,
Tallahassee, 8th February, 1843.
Gentlemen of the Senate, and House of Representatives:
I hereby nominate Jesse Cobb as a Justice of the Peace for the,
county of Jackson. R. K. CALL,
Governor of Florida.
Which was read, and the nomination advised and consented to.
ORDERS OF THE DAY.
A chapter entitled Resignations, Removals, Vacancies," was
taken up. The House went into committee of the whole, Mr. Tay-
lor, of Jefferson, in the Chair, on said chapter. After some time,
.he committee rose, and by their Chairman reported the chapter as
amended.
Which report was concurred in.
On the question of the passage of said chapter, the yeas and nays
were called by Messrs. Arnou and Smith, and4 were as follows:
Yeas-Messrs. Amos, Betton, Broward,. Dummett, Floyd, For-
pian, Haddock, Irwin, Knowles, Patterson, Pent, Smith, Stewart,
Taylor of Mosquito, and Zeigler--15.
Nays-Mr. Speaker, Messrs. Arnou, Bush, Child, Cromartie, De
la Rua, M'Raeny, Selph, Summerlin, Taylor of Jefferson, and
Turner-11.
So the said chapter was passed. Ordered that the title be as
stated.
A bill to be entitled An act to authorize James Bryan to estab-
lish a Ferry across the Suwannee river, at a place known as the
Indian Ford."
Which was read, the third time and passed. Ordered that the
title be as stated.
A resolution offered by Mr. Scott on yesterday, appointing the
28th day of the present month for adjournment sine die, was again
read.










On a motion to lay the same on the table, the yeas and nays were
called by Messrs. Scott and Smith, and were as follows:
Yeas-Mr. Speaker, Messrs. Amos, Betton, Bush, Child, Cro-
martie, De la Rua, Haddock, Irwin, Knowles, McRaeny, Patterson,
Pent, Stewart, Tabor and Zeigler-16.
Nays-Messrs. Arnou, Broward, Dummett, Floyd, Forman, Scott,
Selph, Smith, Summerlin, Taylor, of Jefferson, Taylor, of Mosquito,
and Turner-12.
So the motion prevailed, and the resolution laid on the table.
A bill to be entitled "An act to authorize William Rawlinson to
establish a Ferry across the north prong of St. Mary's river.
SWhich was read a second time, and ordered to be engrossed for
to-morrow.
A bill to be entitled An act to incorporate the Quincy Light
Horse," was read a second time, and referred to a select committee,
consisting of Messrs. Zeigler, Knowles and Irwin.
A bill to be entitled An act to incorporate the Directors and
Trustees of the St. Andrews Bay Land Company.
Which was read a second time, and referred to the committee on
Corporations.
A preamble and resolution offered on a former day by Mr.
Knowles, asking a repeal of so much of the act of Congress as pro-
vides that no session of the Legislature of a Territory, shall be
held until after an appropriation is made by Congress, for its
expenses, and limitingthe payof the officers of the Council," was read
a third time, and adopted. Ordered that the same be certified to
the Senate.
A resolution asking of Congress an appropriation for removing
the obstructions to the navigation of the Choctawhatchee river, was
read a third time and adopted.
Ordered that the same be certified to the Senate.
A bill from the Senate entitled An act to secure the people of
Florida against the evils of a depreciated currency," was read the
second time, made the special order of the day for Monday next,
and 50 copies ordered to be printed in close form.
A preamble and resolutions, adopted by the Senate on the subject
of State Government, was read a third time, when on motion,
The House adjourned until to-morrow.

THURSDAY, February 9, 1843.
The House met pursuant to adjournment, and a quorum being
present, the Journal of yesterday's proceedings was read.
Mr. Knowles moved that a committee be appointed to examine
and correct all engrossed bills, in language and punctuation.
Which motion prevailed, and Messrs. Knowles and Bush were
appointed that committee.
On motion, Mr. Bush was added to the Committee on Schools
and Colleges, and Mr. Tabor added to the Committee on Claims.
On motion of Mr. Knowles, Mr. M'Raeny was granted leave of
absence for two hours.








93

On a motion of Mr. Forman, that Mr. Floyd be granted leave of
absence for two weeks, the yeas and nays were called by Messrs.
Smith and Pent, and were-
Yeas-Mr. Speaker, Messrs. Amos, Arnou, Bush, Forman, Had-
dock, Knowles, Patterson, Pent, Selph, Stewart, Tabor, Taylor of
Jefferson, Taylor of Mosquito, Turner, and Zeigler-16.
Nays-Messrs. Broward, Child, De la Rua, Dummett, Irwin,
Smith, and Summerlin-7.
So the motion prevailed, and leave of absence was granted Mr.
Floyd for two weeks.
Mr. Child gave notice that he would, at a future day, ask leave
to introduce a bill to incorporate the Alachua County troop of Horse.
Mr. Knowles offered the following resolution :
Resolved, That the Committee on Schools and Colleges be res-
pectfully requested to report, at as early a period as practicable,
some measure more effectually to protect the school lands from
waste, and make their proceeds available to the Territory.
Which resolution was adopted.
Mr. Child offered the following preamble and resolution:
WHEREAS, in an act entitled An act for the completion of certain
improvements in the Territory of Florida," approved the 24th of
February, 1835, the Congress of the United States did appropri-
ate the sum of Ten Thousand Dollars for clearing out the Ock-
lawaha river from the St. Johns to Glassall's Spring near Camp
King, for purposes therein set forth, which, owing to the contin-
uance of the Seminole War has not been applied to the purposes
for which it was intended, and which sum has subsequently re-
verted to the Treasury of the United States : AND WHEREAS, the
influx of population into that section of the country through which
said river Ocklawaha runs, renders its navigation desirable from
many considerations, therefore
Be it resolved, That our Delegate in Congress be requested to use
his best exertions to effect a re-appropriation of the said sum of
Ten Thousand Dollars, to be applied as was originally intended.
Which was read the first rime, the rule waived, read a second
-and third time, and adopted. Ordered that the same be certified to
the Senate.
Mr. Arnou offered the following resolution :
Resolved, That the Committee on the State of the Territory be
requested to examine into the tariff of fees for Marshals and other
officers; to point out any abuses that may exist, and report a rem-
edy, by bill or otherwise.
Mr. Knowles moved that the resolution be laid on the table.-
Which motion was lost.
Mr. Knowles moved to amend the resolution by making it a joint
select committee of three from each House.
Which amendment was made, the resolution adopted, and Messrs.
Knowles, Arnou, and Taylor of Jefferson, were appointed a commit-
tee on the part of the House.









Mr. Forman, from the Committee on Corporations, made the fol-
lowing
REPORT:
The Committee on Corporations beg leave to report the following
bill as an amendment to the Charter of the Bank of Florida :
1. Because, with a large crop on hand, there are no facilities for
raising money on it, except through agencies of banks of other
States, of the solvency of which, we have no means of ascertaining.
2. Because the profits of such institutions are enjoyed by persons
living out of the Territory.
3. Because the original Charter granted to this Institution is one
of the best guarded that has ever been granted in this Territory-
has never suspended specie payments and, with the checks thrown
around it, will, in the opinion of your committee, under the super-
intendence of the Directory, prove of great advantage to the com-
munity. A. J. FORMAN,
Chairman of the Committee on Corporations.
Which report was concurred in. The reported bill, to be enti-
tled An act to amend the charter of the Bank of Florida," was
read the first time.
On the question, shall the bill be read a second time to-morrow ?
the yeas and nays were called by Messrs. Dummett and Arnou, and
were as follows:
Yeas-Mr. Speaker, Messrs. Amos, Betton, Cromartie, Floyd,
Forman, Irwin, Knowles, Stewart, Turner, and Zeigler-11.
Nays-Messrs. Arnou, Broward, Bush, Child, De la Rua, Dum-
mett, Haddock, Patterson, Pent, Selph, Smith, Summerlin, Tabor,
Taylor of Jefferson, Taylor of Mosquito-15.
So the bill was lost.
Mr. Forman, from the Committee on Corporations, made the fol-
lowing
REPORT:
The committee to whom was referred the bill to be entitled "An
act to incorporate the Directors and Trustees of the St. Andrews
Bay Land Company," report: That they have examined the same,
and do not find any thing in the bill more than is usually granted to
companies applying for acts of incorporation, and therefore recom-
mend the passage of the bill. A. J. FORMAN,
Ch'n Cor. on Corporations.
Which report was concurred in, and the bill placed among the
orders of the day.
ORDERS OF THE DAY.
A preamble and resolutions adopted by the Senate on the subject
of State government, and under 'consideration yesterday, when
the House adjourned, was taken up, Mr. Betton acting as Chairman.
Mr. Floyd moved the following as an engrossed rider:
Resolved, That it is not expedient for the Legislative Council of
the Territory of Flprida to take any action upon State government
in said Territory of Florida.










'On the question of the adoption of the engrossed rider, the yeas
:and nays were called by Messrs. Child and Smith, and were-
Yeas-Messrs; Betton, Floyd, Fomhan, Irwin, Selph, Taylor of
-Jefferson-6.
Nays-Mr. Speaker, Messrs. Amos, Arnou, Broward, Bush, Child,
'Cromartie, De la Rua, Dummett, Haddock, Knowles, M'Raeny, Pat-
terson, Pent, Smith, Stewart, Summerlin, Tabor, Taylor of Mosqui-
to, Turner, and Zeigler-21.
Mr. Smith moved to go into committee of the whole ; and the
yeas and nays being called on said motion, were as follows :
Yeas-Messrs. Betton, Dummett, Floyd, Forman, Irwin, M'Rae-
ny, Selph, Smith, Taylor of Jefferson, and Zeigler-10.
Nays-Mr; Speaker, Messrs. Amos, Arnou; Broward, Bush, Child,
Cromartie, De la Rua, Haddock, Knowles, Patterson, Pent, Stew-
art, Summerlin, Tabor, Taylor of Mosquito, and Turner-17.
So the House refused to go into committee of the whole.
Mr. Smith offered the following as an engrossed rider, in lieu of
the last clause of the preamble.
And whereas the country heretofore in the possession of the
Seminole Indians is now fast filling, up by a full tide of emigrants,
which population should have a due influence in the formation of a
"Constitution for the permanent government of the State of Florida.
On the question of the adoption of said amendment, the yeas and
nays being called by Messrs. Floyd and Smith, were as follows :
Yeas-Mr. Speaker, Messrs. Amos, Arnou, Broward, Bush,
Child, Cromartie, De la Rua, Dummett, Floyd, Forman, Haddock,
Irwin, Knowles, M'Raeny, Patterson, Pent, Selph, Smith, Summer-
lin, Tabor, Taylor of Jefferson,Taylor of Mosquito, and Zeigler-24.
Nays-Messrs. Betton aid Stewart-2.
So the same was adopted.
Mr. Smith offered the following as an engrossed tidetr in lieu of
'the second resolution:
Be it further resolved, That the objection to goifig Into a State
government under the St. Joseph Constitution, is greatly ptrength-
ened by the well know fact that said constitution was adopted by
a small majority of the legal voters of Florida, and has at all times
been highly objectionable to a large portion of the public, whose
opposition to State government has originated in opposition to the
principles contained in that instrument.
Objections being made to the introduction of said rider, the Chair
decided that the same was in order. On an appeal from the
decision of the Chair, the yeas and nays being called for by Messrs.
Pent and Smith, were as follows:
Yeas Messrs. Broward, Dummett, Floyd, Haddock, Irwin,
Smith, Tabor, and Taylor, of Jefferson-8.
Nays-Mr. Speaker, Messrs, Amos, Arnou, Bush, Child, Cro-
martie, De la Rua, Forman, Knowles, McRaeny, Patterson, Pent,
Selph, Stewart, Summerlin, Taylor, of Mosquito, Turner and Zeig-
ler-18.










So the decision of the Chair was not sustained, and the rider
ruled out.
Mr. Floyd offered the following engrossed rider:
And whereas, the great mass of the people of Middle Florida,
and numbers of the people, elsewhere in the Territory, are praying
the adoption of stay and relief laws lor their benefit, and thereby
clearly manifesting their utter inability to support a State Govern-
ment, and their unwillingness to adopt one.
On the question of the adopting tihe amendment, the ayes and
noes were called by Messrs. Child and Floyd, and were-
Yeas-Messrs. Arnou, Broward, Dumnmett, Floyd, Haddock,
Irwin, Selph, Smith-8.
Nays-Mr. Speaker, Messrs. Amos, Betton, Bush, Child, Cro-
martie, De la Rua, Forman, Knowles McRaeny, Patterson, Pent,
Stewart, Summerlin, Tabor, Taylor, of Jefferson, Taylor, of Mos-
quito, Turner, Zeigler-19.
So the amendment was lost.
On the question of the adoption of the preamble and resolutions
:as amended, the yeas and nays were called by Messrs. Taylor, of
Mosquito and Stewart, and were-
Yeas-Mr. Speaker, Messrs. Amos, Arnon, Broward, Bush,
*Child, De la Rua, Dummett, Forman, Haddock, Knowles, Patterson,
Pent, Smith, Stewart, Summerlin, Tabor, Taylor, of Mosquito, Tur-
ner and Zeigler-20.
Nays-Messrs. Betton, Cromartie, Floyd, Irwin, M'Raeny, Selph,
Taylor, of Jefferson-7.
So the preamble and resolutions were adopted, and ordered to be
certified to the Senate.
His Excellency, the Governor, transmitted to the House the fol
lowing message:
EXECUTIVE OFFICE,
Tallahassee, February 8, 1843.
Gentlemen of the Senate and House of Representatives :
I present the following nominations for your consideration:-
For the County of Gadsden.
Thomas D. Wilson, Auctioneer. Thomas Harrison, Daniel
Bouie, Daniel M'Daniel, Daniel M. Hinson, Stockley Sadbury,
John Bouie, Philip Blount, Uz Wood, Isaac R. Harris, John W.
Man, Sen'r, John M'Elvy, Hardy Shelfer, Soloman Andrews, Alex-
ander M'Iver, James Gibson and Abner C. Chester, Justices of the
Peace.
For the County of Alachua.
Samuel W. Russell, John G. Reardon, Thomas C. Ellis, George
McKay and John S. Livingston, Justices of the Peace. George
Watson, Jr., Notary Public. A. B. Noyes, Auctioneer.
For the County of Jackson.
John T. Myrick, Justice of the Peace.
For the County of Madison,
Sherrod Edwards, Coalsworth L, Caruth and John Smith, Jus-
tices of the Peace.









For the County of Duval.
Kingsley B. Gibbs, Harrison R. Blanchard, James M'Cormick,
John M. Bowden, Isaac Bush, James G. Landon, Charles Broward,
John Houston and Charles S. Emery, Justices of the Peace. Os-
sian B. Hart, Kingsley B. Gibbs and Solomon Morgan, Auctioneers.
John M. Pons, Chester Bisbee, Henry Barnard, Ossian B. Hart
and John H. Gunby, Port Wardens for the Port of Jacksonville.
For the County of Nassau.
William Frinck, Jackson Tyner, Samuel Hudson, Abraham Mott,
David Lang, James Wilson, William Haddock, Justices of the
Peace.
For the County of Leon.
Robert J. Hackley and Nathaniel W. Walker, Justices of the
Peace. Robert J. Hackley, Auctioneer.
For the County of St. Johns.
Manuel P. Medicis, Auctioneer. A. W. Walker, Notary Public.
R. K. CALL, Governor of Florida.
Which was read, and the following nominations advised and con-
sented to, viz:
For the County oJ Gadsden.-Thomas D. Wilson, Auctioneer.
Thomas Harrison, Daniel Bouie, Daniel McDaniel, Daniel M.
Hinson, Stokely Sadbury, John Bouie, Philip Blount, Uz Wood,
Isaac R. Harris, John W. Man, Sr., John McElvy, Hardy Shelfer,
Solomon Andrews, Alexander Mclver, James Gibson, and Abner
C. Chester, Justices of the Peace.
For the County of Alachua.-Samuel W. Russell, John G. Rear-
don, Thomas C. Ellis, George McKay, and John S. Livingston,
Justices of the Peace. George Watson, Jr., Notary Public. A.
B, Noys, Auctioneer.
For the County of Jackson.-John T. Myrick, Justice of the
Peace.
For the County of Madison.-Sherrod Edwards, C. L. Caruth
and John Smith, Justices of the Peace.
For the County of Duval.-Kingsley B. Gibbs, Harrison R. Blan-
chard, James McCormick, Isaac Bush, James G. Landon, Charles
Broward, John Houston, Justices of the Peace. Ossian B. Hart,
Kingsley B. Gibbs and Solomon Morgan, Auctioneers. John M.
Pons, Chester Bisbee, Henry Barnard, Ossian B. Hart and John
H. Gunby, Port Wardens for the Port of Jacksonville.
For the County of Nassau.-William Frinck, Jackson Tyner,
Samuel Hudson, Abraham Mott, David Lang, James Wilson, Wil-
liam Haddock, Justices of the Peace.
For the County of Leon.-Robert J. Hackley and Nathaniel W.
Walker, Justices of the Peace. Robert J. Hackley, Auctioneer.
For the County of St. Johns.-Manuel P. Medicis, Auctioneer,
A. W. Walker, Notary Public.
On motion of Mr. Childs, several nominations lying on the table,
were taken up, and the following advised and consented to, viz:
Alachua County.-George Watson, Jr., and Moses Curry, Justi-
ces of the Peace. Augustus Steele, Notary Public.
13




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