• TABLE OF CONTENTS
HIDE
 Front Cover
 January, 1844
 February, 1844
 March, 1844
 Appendix














Group Title: Journal of the Proceedings of the Senate of the Territory of Florida
Title: Journal of the Proceedings of the Senate of the Territory of Florida, at its sixth session
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00089492/00001
 Material Information
Title: Journal of the Proceedings of the Senate of the Territory of Florida, at its sixth session
Physical Description: Serial
Language: English
Creator: Senate. Territory of Florida.
Publisher: Office of the Florida Sentinel
Place of Publication: Tallahassee, Fla.
Publication Date: January 11, 1844
 Record Information
Bibliographic ID: UF00089492
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Table of Contents
    Front Cover
        Page 1
        Page 2
    January, 1844
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
    February, 1844
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
        Page 105
        Page 106
        Page 107
        Page 108
        Page 109
        Page 110
        Page 111
        Page 112
        Page 113
        Page 114
        Page 115
        Page 116
        Page 117
        Page 118
        Page 119
        Page 120
        Page 121
        Page 122
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
        Page 134
        Page 135
        Page 136
        Page 137
        Page 138
        Page 139
        Page 140
        Page 141
        Page 142
        Page 143
        Page 144
    March, 1844
        Page 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
        Page 151
        Page 152
        Page 153
        Page 154
        Page 155
        Page 156
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
        Page 173
        Page 174
        Page 175
        Page 176
        Page 177
        Page 178
        Page 179
        Page 180
        Page 181
        Page 182
        Page 183
        Page 184
        Page 185
        Page 186
        Page 187
        Page 188
        Page 189
        Page 190
        Page 191
        Page 192
        Page 193
        Page 194
        Page 195
        Page 196
        Page 197
        Page 198
        Page 199
        Page 200
        Page 201
        Page 202
        Page 203
        Page 204
        Page 205
        Page 206
        Page 207
        Page 208
        Page 209
        Page 210
        Page 211
        Page 212
        Page 213
        Page 214
        Page 215
        Page 216
        Page 217
        Page 218
        Page 219
        Page 220
        Page 221
        Page 222
        Page 223
        Page 224
        Page 225
        Page 226
        Page 227
        Page 228
    Appendix
        Page A-1
        Page A-2
        Documents
            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
        Auditor's letter
            Page A-17
            Page A-18
            Page A-19
            Page A-20
            Page A-21
            Page A-22
            Page A-23
            Page A-24
Full Text






Senate Joi-lal, 6th Session, 1S11,

A

JOURNAL OF THE PROCEEDINGS


'O TIM


SENATE

OF TIE


TERRITORY


OF FLORIDA,


AT ITS SIXTH-1SESSION,





ON MONDAY









TALLAIHASSEE:
















A JOURNAL


OF THE PROCEEDINGS OF THE SENATE OF THE TERRITORY
OF FLORIDA, AT ITS SIXTH SESSION, HELD AT THE CAPITOL,
TALLAHASSEE, 1844.



MONDAY, January 1, 1844.
The Senate met and the Secretary proceeded to
call the roll.
The following Members appeared and answered to
their names, to wit:
From the Western District.-George Walker and
Nicholas A. Long.
From the Mi.ddlc District.-J. G. Mathers, G. K.
Walker, T. Baltzell and M. C. Livingston.
From the 'Eastern District.-James B. Cooper and
I. D. Hart.
There not being a quorum, on motion of Mr. Balt-
zell, the Senate adjourned until 12 o'clock, M.,
to-morrow.


TUESDAY, January 2, 1844.
The Senate met pursuant to adjournment. The
roll being called, the proceedings of yesterday were
read and adopted.
There not being a quorum, on motion of Mr. Hart
the So,'te adjourned until to-morrow, 12 o'clock, M.











'WEDNESDAY, January 3, 1844.
The Senate met pursuant to adjournment. A quo-
rum of members having answered to their names, Mr.
Livingston, of Madison County, was called to the
Chair, for the purpose of organizing the Senate.
On motion of Mr. Haughton, the Senate proceeded
to the election of officers; whereupon George Walker,
Esq. of the Western District, was declared duly elected
President of the Senate, Thomas Brown, Secretary,
John F. Webb, Assistant Secretary, A. A. Fisher,
Sergeant-at-Arms, and James Livingston, Ml i-.cn'ger,
and were duly sworn into office by S. S. Sibley, Esq.
After the fourth ballot, there being no election of
Foreman, on motion of Mr. Livingston, further ballot-
ting was dispensed with and the election postponed
until, to-morrow.
On motion, the Senate proceeded to the election
of a Printer; whereupon Joseph Clisby was declared
duly elected.
On motion of Mr. Baltzell, a Committee of three
was appointed to draft Rules for the government of
the Senate; and in the meantime the Rules of the
last Session were adopted for the present government
of the Senate.
Messrs. Baltzell, Livingston and Walker, were
appointed said Committee.
Mr. Baltzell gave notice that he will, so soon as the
Senate is organized, introduce a Bill to be entitled,
An act to provide for the election by the people of
Governor and Brigadier General of Florida.
On motion, the Senate adjourned until to-morrow,
12 o'clock.



TIURSDAY, January 4, 1844.
The Senate met pursuant to adjournment, and the
proceedings of yesterday were read and approved.
Mr. Baitzell, from the Committee to draft rules for












the government of the Senate at this session, made
the following
REPORT:
The Select Committee appointed on yesterday to
draft rules for the government of the Senate, report,
the rules of the last session, and recommend their
adoption.
THOMAS BALTZELL, Chairman.
Mr. Baltzell then moved to strike out the words,
"appointed by the President," in the first and second
lines of the 30th rule, and insert, elected by the
Senate by ballot."
Which motion was laid on the table until to-morrow,
on motion of Mr. Walker, of Leon.
On motion of Mr. Yonge, the Senate proceeded to
the election of a Foreman.
Whereupon J. M. C. Rowell, was declared duly
elected.
On motion, M,'ssr Yonge and Cooper were ap-
pointed a Committee to inform the House of Repre-
sentatives of the organization of the Senate.
The Senate then adjourned until to-morrow 12
o'clock, M.


FRIDAY, January 5, 1844.
The Senate met pursuant to adjournment, and the
proceedings of yesterday were read and approved.
On motion, Mr. Long was added to the Committee
appointed on yesterday, to inform the House of Rep-
resentatives of the organization of the Senate.
Mr. Yonge, from said Committee, reported that the
Committee had performed that duty.
Mr. Walker, from a Committee of the House of
Representatives, announced to the Senate that the
House of Representatives was organized and ready
for business.
On motion, Messrs. Haughton, Hart and Ramsay,













were appointed a Committee, jointly with the House
of Representatives, to wait on the Governor of the
Territory of Florida, and inform his Excellency that
both Houses of the Legislative Council were organ-
ized and ready to receive any communication which
his Excellency may have to make.
After a short interval, Mr. Haughton reported to
the Senate that the Committee had performed that
duty jointly with a Committee of the House of Rep-
resentatives, and that his Excellency bad desired him
to inform the Senate that he would send in his com-
munication in a few minutes.
The Senate received from his Excellency, the Gov-
ernor, by the hands of his private Secretary, Mr. Geo.
W. Call, the following message:-
Gentlemen of the Senate
and House of Representatives :
We have been visited with many calamities during the past year.
Some of our citizens have suffered by fire, others by flood and storms,
and the destruction of the cotton crop by c.t!,.-ip' ., has been an evil
co-extensive with its cultivation in this Territory. But notwithstand-
ing these fatal and varied disasters, we have abundant cause to be
*_r 0. i'l for the blessings we enjoy. The provision crop is adequate
to the supply of the people, peace has been restored to our borders,
and health has generally prevailed throughout the Territory. For
these sources of ii..i ,i,. nt, our L.il -1:Ir gratitude is due to the Su-
preme Ruler ofthe Universe.
Although the pecuniary embarrassments of the country have been
but partially relieved, we have reason to hope that the darkest hour
of our adversity has passed, and that the dawn of a more prosperous
day is at hand, The depreciated currency of the Territory has re-
tired from circulation, and our markets, though still depressed, have
advanced, giving promise of a healthy action, and a more extensive
improvement. The active employment of the cotton factories, foreign
and domestic, the increased demand for their products, and the revi-
val of commerce, have already produced a visible improvement in
business of every kind, and cannot fail, in due course of time, aided
by the industry, enterprise and economy of the people, to restore our
country to its former prosperity.
Since the close of the last session of the Legislative Council, no
improvement has taken place in the condition of the Union Bank of
Flor I., the Southern Life Insurance and Trust Company, or the
Bank of Pensacola. Their paper has disappeared from circulation,
but the credit of neither of them has revived. The Bank of Pensa-
cola iu v be considered as having ceased to exist, and the Southern














Life Insurance and Trust Company, having made an assignment of
its assets, it will perhaps never renew its banking operations.
It is believed that all the certificates of that institution, guaranteed
by this Territory, and negotiated in such a manner as to fix our re-
sponsibility, have been returned to the Executive, and have beer
cancelled, in pursuance of the provisions of an act of the Legislative
Council. Should this be the case, the Territory is discharged from
the responsibility assumed for that institution.
I regret to inform the Legislative Council, that the Union Bank is'
still delinquent, on account of the interest due to the holders of the
Bonds of the Territory. There are now five instalments of interest
due on these Bonds, amounting to $340,350. The holders of these
Bonds, with a forbearance which should commend them to our atten-
tion, have made no demand on the Territory for this large amount.
But the public faith having been pledged, with all the forms and cer-
emonies known to the law, for the payment of the interest on these
Bonds, according to their tenor and effect, I deem it my duty, after so
many repeated failures, to present the delinquency of the Bank for
your consideration, and invoke the exercise of such authority as the
Legislature may'possess, for the purpose of compelling this institution
to pay the interest now due, as well as that which may hereafter ac-
crue, according to the provisions of the 11th section of the charter of
incorporation.
It is due the President and Directors of the Bank, that I should in.
form you that they are in no manner culpable for the failure to pay
the interest on these Bonds; but on the contrary, that they have
availed themselves of all the means in their power, to accomplish this
object. The principal cause of the delinquency of the Bank, may be
traced to the elements of its organization. By the provisions of its
charter, each stockholder had a right to draw from the Bank, as a per-
manent loan, two-thirds of the value of the property mortgaged by
them as an indemnity to the Territory. This right has almost invaria-
bly been exercised, and thus two-thirds of the whole capital of the
Bank, raised on the faith and responsibility of the Territory, has pass-
ed into the hands of a few individuals, who, with a trivial exception,
have been unable or unwilling to pay the interest. There is now
due the Bank, from the accumulation of interest on these loans,
216,000 dollars, and for interest on accommodation paper, a greater
amount, which has produced a total inability on the part of this insti-
tution to p ,N i1ev interest due semi-annually to the bond-holders. The
Bank has, in many instances, resorted to legal process to compel
the delinquent stockholders to comply with their engagements. But
so far as I am advised, it has been hitherto unsuccessful, and the opin-
ion is entertained by many, that the stockholders may continue to en.
joy the loan, until the expiration of the time specified in the mortgages,
(most of which have yet upwards of twenty years to run,) without the
payment of any portion of their annual interest, and continue, at the"
same time, to enjoy the possession and use of the property mortgaged
to the Bank. This opinion appears to me as absurd in its concept.














tion, as it is demoralizing in its tendency. The provision of the char-
ter under which those loans were made, is in the following plain and
comprehensive language : That each and every stockholder shall
be entitled to a credit or loan equal to two-thirds of the total amount
of his shares: Provided, that notes or obligations for re-payment of
the money shall be annually received, and the interest paid up." Ano-
ther provision of the charter contained in the 28th section, authorizes
the interest to be paid or deducted in advance." The Bank, I learn,
has strictly pursued the provisions of the charter. The notes have
all been made payable within one year from their respective dates,
and the interest has been deducted in advance for the same period.
But the notes have not generally been renewed. I cannot conceive
that there is room to doubt the rights and obligations accruing to
the respective parties undef the express provisions of the charter.
But the subject is one of too much magnitude to the people of this
Territory, to be permitted to remain in a dubious condition, and if a
doubt can be reasonably entertained of the right of the Bank in such
cases, to maintain an action for the recovery of both the principal and
interest, that doubt should be removed by the immediate action of the
Legislative Council, so far as it can be done consistently with the
provisions of the Constitution of the United States.
So large an amount of capital having been withdrawn from the
Bank, as a permanent loan by the Stockholders, unless the interest is
punctually paid, the Bank must be unable to pay the interest due the
bond-holders. And if this inability shall continue until the expiration
of the charter, the responsibility of the Territory assumed for the
Bank, will be increased more than 100 per cent, while the property
mortgaged to the Bank, as an indemnity to the Territory, will proba-
bly not more than pay the principal debt, leaving upwards of $3,000,-
000, accumulated by interest unpaid, to the manifest injury of the
Territory and injustice to the bond-holders. I most earnestly invite
the attention of the Legislative Council, to this highly important and
interesting subject, and fervently hope that an adequate remedy may
be found to avert these anticipated evils.
The time has arrived when we can no longer be passive specta-
tors of a scene, in which the interest, the honor, and the good faith of
the Territory are placed in jeopardy. The crisis demands prompt
and immediate action. Our responsibilities are increasing in a ratio,
with the accumulation ofinterest on the bonds, and the longer we
delay, the greater will be the amount of that responsibility. The in-
terest due from the stockholders to the bank must be paid. And the
interest due from the Bank to the bond-holders, must in like manner
be paid. The punctuality of the first party will create an ability in
the second party to discharge its obligations; but until some efficient
measures are adopted, for this purpose, many of the stockholders repo.
sing in the imaginary security they enjoy, in the want of power on the
part ofthe Bank to enforce collections, will not, it is apprehended,
make the necessary exertions to pay the interest inow due. or that
which-,,i hf,,abr' ; :x!.YNlr'?tPi.














I am gratified in being enabled to inform the Legislative Council,
that during the past year, the Bank has made arrangements with
some of the holders, by which a considerable amount of the bonds of
the Territory have already been taken up ; and it is expected that
others will be retired in a short time, and returned to the Executive to
be cancelled. Having ceased to exercise its banking privileges,
and all the energies of its officers being devoted to the collection of
its debts and the payment of its liabilities, the Bank presents strong
claims to our aid and support, and the hope is indulged, that under
its present economical and judicious management, its operations may
he so conducted, as to discharge all its obligations and relieve the
Territory from its responsibility.
By an act of the Legislative Council, approved the 4th of March
1839, entitled An act in addition to the military laws in force irl
this Territory," the Governor was authorised to issue and negotiate
the Bonds of this Territory, in order to raise funds for the defence of
the frontier settlements then exposed and assailed by the Indians,
along their whole extremity. Under this authority, fifty bonds for one:
thousand dollars each, payable on the first day of July 1854, bearing
an annual interest of 8 per cent, payable semi-anually, on the first day
of January and the first day of July of each year, were negotiated with
the Union Bank of Florida, from which that sum was obtained and ex-
pended for the object contemplated by the act. All the accounts and
vouchers fobr this expenditure passed the ordeal of examination by the
Legislative Council and were fully approved. This sum having
been expended by the Territory in the defence of the frontier, we
had, in my opinion, a right to claim a re-imbursement of the whole
amount, from the Government of the United States. The accounts
were therefore presented to the proper Department for payment, and
a portion of them amounting to $35,416 have been allowed, and then
amount paid to the Union Bank. This sum has been appropriated
to the payment of thirty-one of the bonds above mentioned, and the
payment of coupons for interest which, with the bonds have been re-
turned to the Executive, and have been cancelled in conformity with
the law on that subject. There are still unpaid, nineteen of these
bonds, for one thousand dollars each, with the interest which has ac-
cumulated upon them. I conceive, that we have a right to insist on
the payment of this sum by the General Government, and I respect-
fully .': 1i 1h, propriety of passing resolution, requesting our Dele-
gate in Congress to urge this claim before the proper Department of
the Government. Should we fail in procuring a re-imbursement of
this sum, it will become necessary for the Legislative Council to
make an appropriation to satisfy the bonds held by the Bank. The
liberality and patriotism, with which this Institution at all times, du-
ring the Seminole war, advanced its funds, for the defence of the
country, requires that every effort in our power should be made, to
refund the amount loaned to the Territory. If the extensive resour-
ces of this institution can be rendered available, and it is our duty to














afford every facility which can be granted for that purpose, its situa-
tion will be found to be much more favorable than it has generally
been considered. The interest alone now due, if collected, it is be-
lieved, would be very nearly sufficient to discharge all its immediate
liabilities. And the liberal indulgence it has observed towards its
debtors, in times ofgreat embarrassment, aided by the change we may
anticipate in the prosperity of the country, will probably enable them
gradually to make payments, and finally discharge their entire obliga-
tions to the Bank.
During the past year, the Bank of Florida has renewed its
operations under the amended charter, granted at the last ses-
sion of the Legislative Council; and although its capital has been
limited, it has afforded many facilities in the transaction of business.
It has furnished a safe circulation, to some extent, and the prudence
and discretion with which it has been conducted, entitles it to the con-
fidence of the public.
The report of the C(':,oii-i-iv:.r 'ill place you in possession of the
present condition of the Tallahassee Fund, and the measures adopted
by him for the preservation of the walls of the unfinished part of the
Capitol. The well-founded hope entertained, that an appropriation
.would have been made by Congress during the last session, for the
completion of this building, has not been realized, and from the want
of other resources, the Commissioner was compelled to form a con-
tract on credit, in order to comply as near as practicable with the in-
structions of the Legislative Council, expressed in a resolution of the
last session.
The contract is as favorable as could have been expected, under
existing circumstances) and the work which it required to be done,
will be permanent, tending to the completion of the 1.,il,.Hi. Should
the appropriation anticipated by Congress be made during the present
session, the building may be finished in time for the reception of the
next Legislative Council. The scarcity of money, and the limited
demand for property of every kind, during the past year, rendered it
inexpedient in the opinion of the Commissioner to dispose of any part
of the remaining land appropriated by the Government, in which
opinion I have fully concurred.
These lands, lying continuous to the city, are daily robbed by tres-
passers of the timber, which constitutes their greatest value, and un-
less some more efficient measures are adopted to prevent intrusions,
serious damage will be sustained by the Territory. I invite the at-
tention of the Legislative Council to this subject.
The accompanying reports of the Auditor and Treasurer of the
Territory, will inform you of the present state of the Treasury.-
From these documents you will perceive that the receipts from all
sources during the past year until the 15th of December, amount to
seven thousand one hundred and eighty dollars tfliir .ili. cents,
($7,180 33,) and that the balance remaining unexpended on that day
was five hundred and seventy dollars thirty-one cents, ($5,70 31.) Of
the sum received at the Treasury, only one hundred and eighty-one














,dollars eighteen cents, ($181 18,) have been derived from the land
tax, and this sum has been received from the Tax Collector of one
County only. From the other counties nothing has been received.
Nor have the tax-lists required to be -forwarded by the Clerks of the
respective County Courts, been but partially received. This appa-
rent neglect of duty, on the part of those officers, is most probably
owing to a defect in the revenue law. For, although the Assessors
are required, immediately after the "four first days succeeding the
first Monday" in April, to forward the tax lists to the Clerks of the
respective County Courts, no time is provided by law when the
consolidated assessments for each County shall be forwarded to the
Auditor of Public Accounts. The law is equally deficient in specify-
ing no time when the Tax Collectors shall be required to pay into the
Treasury the revenue collected by them. I invite your attention to
this subject, and recommend that the law may be so amended as to
render it efficient for this purpose.
So far as I am able to firm an opinion from the few returns of as-
sessments made to the Auditor, I entertain the belief that the present
tax on lands is entirely insufficient, aided by the other sources of rev-
enue, to relieve the Treasury from its present embarrassments. The
tax on land is one-fourth of a cent per acre on all first rate land, and
one-eight of a cent per acre on all other lands. I have been unable
to test in any manner the accuracy of the very limited returns made
to the Auditor, in order to ascertain whether they embrace all the
lands subject to taxation in the County for which they are made. But
the amount assessed is very inconsiderable, and more than one-half of
this will be absorbed in the expenses of collection. In one County,
where the revenue assessed on lands is reported to be two hundred
and fourteen dollars seventeen cents, ($214 17,) after deducting the
compensation allowed by law to the several Assessors, to the Clerk
for consolidating the tax-lists, and.to the Tax Collector, the nett sum
to be paid into the Treasury is only eighty four dollars ninety-nine
cents, ($84 99.) If, from this result, we may form an estimate of the
amount of funds the Territory will receive from that source, it is very
apparent that other measures must be adopted to replenish the Trea-
sury. The expenses of collection may be somewhat reduced, but the
rate of taxation must be increased, or revenue be derived from other
than the present sources, in order to pay the arrearages of the Trea-
sury, and meet the current expenses of the Government.
You will perceive from the report of the Auditor, that the unsatis.
fied warrants of his department amount to $14,614 45, making a reduc-
tion from the debt of the Territory of only $1,869 96 during the past
year. It is due to the public creditors, no less than to the character of
the Territory, that the debts which have already accumulated, as well
as the future expenses of the Government for every legitimate purpose,
should be promptly paid. The resources of the country are abund-
antly sufficient to furnish a revenue for this purpose without resorting
to a system of taxation, which would be at all oppressive to the peo-
ple. It is highly disreputable to the Territory that its officers and














creditors, instead of obtaining payment of their salaries and warrants
at the Treasury, should be compelled to sell the Auditor's warrants in
their favor at such a discount as the purchaser may require. I there-
fore recommend that the public revenue be increased in proportion
to the wants and the necessities of the Territory. The present land
tax is almost too inconsiderable in amount to justify the trouble and
expense of its collection,-.and might be increased one hundred per
cent without material inconvenience to the land proprietors. Should
this not produce a sufficient fund to supply the public demand, resort
should be had to other sources from which revenue is usually derived.
The vigilance of the Treasurer has detected, and I hope for the
future will prevent, the recurrence of certain abuses and mal-practi-
ces of some of the receiving officers, in speculating in the depreciated
liabilities of the Territory. The fourth section of the act, approved
the 22d November, 1829, provides, that it shall not be lawful for
any person charged with the collecting or paying over money into
the Treasury of this Territory, to speculate directly or indirectly in
claims against the Territory, but they shall in all cases pay over
such funds as they shall receive ; and any person violating the pro-
visions of this section shall, on conviction in any Court of Record,
in this Territory, pay a fine of five hundred dollars." In violation of
this emphatic provision of the law, some of the Auctioneers who re-
ceived gold and silver in payment of the taxes or sales at auction,
have themselves, or by agents, "charged with paying over money into
the Treasury," appropriated the public revenue in their hands to the
purchase of claims against the Territory, at a large discount. The
claims purchased have been the warrants of the Auditor on the Trea-
sury, given to the creditors of the Territory, and which have not
been taken up from the want of funds in the Treasury for that pur-
pose. A continuance of the mal-practice of speculating in these
claims, would result in the exclusion of money from the Treasury.
The whole amount of the revenue would be paid in claims pur-
chased at a large discount, and the revenue officers would enjoy
two-thirds of the public treasure, while the other officers and the
creditors of the Territory, would from necessity receive nothing
in payment of their just demands, but the Auditor's warrant on the
Treasury, which they would be compelled to sell at such a discount
as might be required. The rigid enforcement of the law by the
Treasurer, and a few examples under it, will no doubt terminate
these abuses in office.
The act entitled, An act relative to Auctioneers." approved the
9.th of March, 1843, has been promptly executed, and will generally
be productive of favorable results. But I regret to say that, in
many instances, under its provisions, great injustice has been done
to some of the Auctioneers. The first section of this act requires
the Auctioneers to pay into the Territorial and County Treasuries,
respectively, all moneys they may be required to pay therein, semi-
annually, on the first days of May and November. The second
section provides that if any of these officers shall fail to make their














reports to the Auditor and shall fail to pay into the Treasury the
money due the Territory for taxes and sales at auction at the times
required by law, the Auditor shall cause legal proceedings to be
instituted against such defaulting officer, and shall also report
every such delinquency to the Governor, who shall thereupon re-
ma.ve such delinquent Auctioneer from office." In accordance with
the requisitions of the law, the Auditor of public Accounts reported to
me, during the past year, a number of Auctioneers as defaulters ;
and having no discretionary power under its provisions, I was com-
pelled to dismiss them from office. I was gratified subsequently'to
learn, however, that with but few exceptions they were either not
subject to the rigor of the law, or were able to justify their conduct
under it; and in nearly all such cases where they have desired
it, they have been reinstated in office.
I deem it proper to invite the attention of the Legislative Council
to the act passed at the last session entitled, An act to reduce and
fix the compensation of certain Territorial Officers." By the pro-
visions of this act the salary of the Auditor and Treasurer of the
Territory is fixed at three hundred dollars each per annum ; a com-
pensation entirely disproportioned to the duties and responsibilities
of these officers. They occupy stations of high public trust,'requir-
ing labour, industry and capacity to perform the duties appertaining
to them, and they should receive a corresponding compensation. I
therefore recommend that their salaries be increased.
I have endeavored to carry into execution, so far as practicable,
the act approved the 15th of March, 1843, entitled, "An act for the
preservation of the Seminary lands, granted by Congress for a
Seminary of learning, and the disposition of the fund arising from
the lease thereof." The Trustees, provided for by this act, were
appointed soon after the adjournment of the Legislative Council;
but the annual report required to be made by them under its provisions,
to the Governor and Legislative Council, has not been received;
and so far as I am advised, they have never assembled for the pur-
pose of organizing a board. I am not apprised that any measure
has been adopted by the Trustees, for the purpose of carrying the
law into effect; and I am apprehensive that the Seminary lands
are still unprotected, and have remained, during the past year, sub-
ject to the injurious trespasses with which they have so long been
visited. The act authorizing the appointment of the Trustees,
requires of them the performance of arduous and responsible duties,
and expressly provides that those duties shall be performed without
compensation. The difficulty of assembling as frequently as neces-
sity would require, at any one point, five persons possessing the
capacity and requisite local information relative to the situation and
character of these lands, dispersed as they are on so great an extent
of country, is in my opinion, insuperable under any circumstances ;
but the difficulty is materially increased, when they are required to
perform this duty at their own expense. Believing that no officers
who may be appointed under the provisions of this law, can ever














act efficiently for the accomplishment of the object intended, and
fully impressed with the necessity of adopting some decisive mea-
sures for the preservation of these lands from damage and waste, I
respectfully renew the proposition contained in my last annual
message, to place this valuable endowment of the Government under
the guardianship and protection of the County Courts, within whose
respective jurisdictions the lands may be situated.
These Courts, composed of the presiding Judges and the Justices
coming from every portion of the counties, will embody in them-
selves all the local information required to enable them to protect
this valuable domain, and to make such disposition of it under the
authority of the Legislature, as may best promote the public interest.
As the guardians of the orphan and thu poor, these Courts might
well be entrusted with the disbursement of the funds arising from
the lease of the seminary lands, for a few years, until by their an-
nual appropriation, public schools shall have been established in
those places where they would be most useful. The school fund
reported by the Treasurer, now amounting to eight hundred and
thirty-three dollars seventy-five cents, ($833 75) has been collected
entirely from the annual rents of certain sixteenth sections situated
within Leon County, and I respectfully recommend that it may be
appropriated to the establishment of a School on the sixteenth sec-
/ tion of Township one, Range one, South and West ; and that the
land embraced within that section may, under the direction of such
persons as the Legislative Council may authorize to be appointed
for this purpose, be divided into lots of convenient dimensions, and
be leased for the support of the School to be established. This
section is delightfully situated, and has already become a favorite
resort for health during the summer seasons. Its contiguity to this
city, and the most densely populated portion of the county, added
to the good health for which it is distinguished, should, perhaps,
give it a preference over any other situation.
Since the last adjournment of the Legislative Council, I have
received a letter from the Comptroller of the Treasury of the United
States, informing me that the Territory of Florida is entitled to a
further sum of one hundred and ninety dollars thirty-three cents,
($190 33,) under the provisions of the act of the 4th September,
1841, appropriating the proceeds of the sales of the public lands
among the different States and Territories. This sum yet remains
in the Treasury of the United States, subject to the draft of the
Agent of the Territory, and may be available for any purpose the
Legislative Council may direct.
I regret to inform the Legislative Council, that but little progress
has been made during the past year, in the organization and dis-
cipline of the Militia. The accompanying report of the Adjutant
General of the Territory will inform you that he has not received from
the General Officers, the annual returns which they are required by
law to make, of the military strength of their respective Brigades;
in consequence of which he has been unable to furnish the report














of the military strength of the Territory to the Adjutant General of
the United States, in conformity with the act of Congress on that
subject. This will deprive the Territory for another year, of any
participation in the benefit of the arms and equipment directed by
the act of Congress, passed in 1808, to be distributed for the use of
the militia of the several States and Territories. It should be hu-
miliating to our pride to know, that Florida is the only portion of
the United States delinquent in the performance of an important
military duty, and that we are the only portion of the American
people, who do not share in the distribution of the arms provided
by the bounty of the Government. The loss of the Territory from
this continued delinquency for so many years past, is already con-
siderable, and will continue to be experienced, until the officers
and men shall be animated with a higher degree of emulation and
military zeal. It is much to be lamented that the importance of a
well organized and well disciplined militia, is not sufficiently ap-
preciated generally in this Territory. From the form and structure
of our government, the militia must at all times constitute an im-
portant arm of our national defence, and in cases of emergency
must be the only reliance for the protection of the country. If in
other portions of the United States, securely situated from geogra-
phical positions, with a dense population, where every able-bodied
man contributes to the strength and defence of the community, the
discipline and equipment of the militia are deemed important con-
siderations, how much more so should they be to the people of this
Territory. Our frontier position, our defenceless situation, and do-
mestic institutions, all speak in the language of admonition, against
the indifference manifested on this subject.
It is gratifying, however, amidst the general apathy which pre-
vails, to perceive] that there is a martial spirit which animates a
portion of the community, and which has prompted the organization
of volunteer companies in many of the towns and villages of the
Territory. The example of these patriotic citizens is worthy of
imitation, and their military zeal is as creditable to them as it may
be serviceable to the country. These companies, in cases of
emergency, may be rendered available, and would constitute the
earliest and most efficient defence of the country. In order to give
encouragement to the formation of others, I respectfully suggest
the propriety of organizing them into independent battalions, under
officers of their own choice, and that they be made subordinate to
no other military authority, except that of the Generals of Brigades
and the Governor of the Territory.
I deem it proper to invite the attention of the Legislative Coun-
cil to the act regulating proceedings by attachment. Under the pro-
visions of this act, although the creditor may possess the most con-
clusive evidence of the intention of his debtor to remove his pro-
perty beyond the jurisdiction of the Territory, yet he cannot avail
himselfof the benefit of the writ of attachment, unless he will make
oath that the party is actually removing himself, or is removing his.









property, beyond the limits of the Territory. The oath on which
the writ is founded, cannot be safely taken by any conscientious
person, until the debtor has made some progress in the act of re-
moving, when in most cases, it will be too late to obtain the writ,.
in time to arrest the property, before it will have passed beyond
the jurisdiction of the Court from which the writ has been ob
trained. The bail writ, by which the person of the debtor may be:
arrested and required to give security for his appearance at Court,
not being in force in this Territory, the process by attachment is a
highly important remedy to the creditor, and although it should be
so guarded as to prevent oppression and injustice, it should not be
manacled with such restrictions as may render it inoperative. I
therefore suggest the propriety of amending the law in such manner
as to render the writ of attachment more available, and at the same
time to prevent the abuse of any power or right which it may con-
fer on the creditor.
Our Territorial Government and the manner in which our officers
are appointed or chosen, is necessarily a matter of deep interest to
the people. Accustomed to exercise the elective franchise as a
birthright, under our constitutional form of government, they natu-
rally look with jealousy on every abridgement of this valued preroga-
tive. The Grand Juries in some sections of the country, speaking
no doubt the will of the people, have expressed an earnest desire
that our organic laws may be so amended as to give to the people
the right of electing all their officers. To this expression of pub-
lic opinion I most cheerfully respond, and shall give my unfeigned-
approbation to any measure which may be adopted, to promote this
desirable end. According to the theory of our republican govern-
ment, all power must emanate from the people, and they have a nat-
ural and inalienable right to be heard in the choice of their rulers.
Incident to, and inseparable from this right, is the responsibility of
the rulers to the people they govern. Without the first essential
principle of a representative government, the incidental connection
between the people and their rulers can never exist. The. officer
from expediency or necessity, will, most generally, feel his greatest
responsibility to that power from which his own authority is deriv-
ed. It is highly .important that all public officers in the exercise of
their functions should give satisfaction, as well as do justice to the
people. And I am well convinced, that the people of Florida
would be much better satisfied with officers selected by them, than
with any who may be appointed by the President of the United
States. Congress has already gone far to confer the elective fran-
chise on the people of the Territory, and I see no impediment to its
further extension. The only objection, I apprehend, which can be
urged against the election by the people, of any officers, except
those of the Superior Courts, is that the exercise of this right,
would to that extent, abridge the patronage of the President of the
United States. This objection, in the magnanimity of the Federal
Executive, would no doubt be considered trivial when compared














with the satisfaction the exercise of this valued privilege would
give to the 'people of the Territory. The officers of the District
Courts of the United States, under the Constitution, must necessa-
rily derive their power from the General Government, and unless
our Judicial System can be so reorganised as to separate the Federal
from the Territorial jurisdiction, and create separate tribunals, to
take cognizance of cases arising under the laws of the Territory, the
power cannot be conferred on the people or their immediate repre-
sentatives, to elect the judicial and ministerial officers of the Terri-
tory. But, wherever the office can be filled by election, the result
would be no less gratifying to the incumbent than to the people'vho
exercised that right. The same office would be more valued as
the gift of a free people in the exercise of their highest preroga-
tive, than when conferred even by the exalted authority of the Pre-
sident of the United States. The dependence of the officer on the
people, is the best guarantee for his fidelity, and would increase
the sympathy and strengthen the mutual confidence which should
subsist between them. And being responsible to the people alone
for his conduct in office, he would enjoy a security against the
secret misrepresentations and moral assassination to which he is
ever exposed under the present system of appointment. So long as
the responsibility of the office is held at Washington, if he is not
made the victim of unfounded accusations, his reputation will often
be assailed in secret, and his conduct and motives be misrepresen-
ted, with all the address that party zeal and personal animosity can
devise.
I therefore recommend, that application be made to Congress to
confer on the people of Florida, the right (which I conceive should
not be denied them,) of electing all the officers of the Territory,
except the judicial and ministerial officers of the District Courts.
I tender to the Legislative Council my sincere congratulations
on the termination of Indian hostilities, and the restoration of peace
and tranquility to our borders, so long exposed to the havoc and
desolation incident to savage warfare. I congratulate you on the
tide of emigration which is now bearing population, settlement and
civilization to every portion of the wilderness within our Territory,
and upon the dawn of renovated success and prosperity to the
country.
I shall be gratified to unite with you for the accomplishment of
every measure calculated to promote the happiness and welfare of
the people, arid I tender to you my best wishes for a successful and
harmonious session, and for a safe and happy return to your homes
and families.
R. K. CALL,
Governor of Florida.
Tallahasssee, January 5, 1844.

Which was read, and on motion of Mr. Haughton,














the message with the accompanying documents were
laid on the table and five hundred copies of the former
ordered to be printed.
The Senate thenadjourned until Monday next, 12
o'clock.


MONDAY, January 8, 1844.
The Senate met pursuant to adjournment. The
roll being called and a quorum of members not an-
swering to their names, the Senate adjourned until
to-morrow, 12 o'clock.



TUESDAY, January 9, 1844.
The Senate met pursuant to adjournment. The roll being called,
and a quorum of members answering to their names, the proceed-
ings of Friday last were read and approved.
Mr. Yonge offered the following Resolution, which was read, and
on motion, the rule was waived, and the resolution read a second
time and passed :
Resolved, That the Secretary of the Territory be requested to.
furnish for the use of the Senate, sixteen copies of all the laws of
Florida, and the acts of Congress in relation to Florida.
Mr. Haughton offered the following Resolution, which was read
and on motion the rule was waived, and the resolution read a se-
cond time and passed:
Resolved, That the Secretary of the Senate be authorized to
subscribe for eight copies of each of the newspapers printed in
Tallahassee, to be furnished to each of the members of the Senate.
Mr. Hart offered the following Resolutions, which .were read,
and by the rule lies over one day :
Resolved by the Senate of Florida, That the regular stationed
Ministers of the Gospel in the City of Tallahassee, be invited al-
ternately to perform the duties of Chaplain for the Senate. during
the present session.
And be it further Resolved, That a copy of this resolution be.
made out, certified, and handed to each of the respective Ministers
of the Gospel resident in Tallahassee.
Mr. Yonge gave notice that he would, on some future day, ask
leave, to introduce a bill to be entitled, An Act for the Protection of
the rights of Females ;
Also, a bill to amend the Execution laws.
On motion, the Senate adjourned until to-m6rrow, 12 o'clock.














WEDNESDAY, January 10, 1844.
The Senate met pursuant to adjournment, and the roll.was called,
but a quorum of members not appearing, the Senate adjourned until
12 o'clock to-morrow.


THURSDAY, January llth, 1844.
The Senate met pursuant to adjournment, and a quorum of
members answering on a call of the roll, the proceedings of Tues-
day were read and approved.
Mr. Long gives notice that he will, on some future day, introduce
a bill to be entitled, An Act relating to Steam Boats.
Mr. Hart gives notice that he will on some future day, ask leave
to introduce a bill to change the name of a certain female therein
named.
Mr. Haughton gives notice that, at a future time, he will ask
leave to introduce a bill to divide the Western Brigade of the Flo-
rida Militia into two Brigades ; the one comprising all the Counties
situated between the Suwannee and the Apalachicola Rivers, and
the other all those lying between the latter stream and the West-
ern boundary of the Territory.
Mr. Long introduced a petition from Willis Watson, of the
County of Jackson, asking a charter for a ferry over the Chipola
River, in the County of Jackson, at the point where the old Fede-
ral Road from Tallahassee to Pensacola crosses said River.
Which was read, and referred to a Select Committee, consisting
of Messrs. Long, Yonge and Pelot.
Mr. Pelot offered the following Resolution :
Resolved by the Senate, That so much of the Governor's Mes-
sage as refers to Banks, be referred to the Committee on Banks,
for their immediate action;
So much as refers to the completion of the Capitol, to the Com-
mittee on the State of the Territory ;
That which relates to the Auditor and Treasurer, to the same
Committee;
So much as relates to Seminary Lands, to the Committee on
Schools and Colleges;
That which relates to the Militia, to the Committee on the Mi-
litia ;
So much as relates to Attachments, to the Committee on the
Judiciary;
And so much as relates to our Territorial Government, to the
Committee on the State of the Territory, with instructions to report
tiorns to report at as early a day as practicable;
Which was read.
Mr. Pelot offered the following Resolution, which was read :
Resolived, That the Secretary of the Senate be required to fur-
nish the Stationery requisite for the use of the Senate Chamber,














having respect to the strictest economy in his purchases; and that
each member of the Senate do keep a minute of each article pur-
chased by him, so as to certify to the Stationary account at the
close of the session, and that no account will be admissible with-
out such certificate.
On motion of Mr. Walker, of Leon, the amendment to the rules
of the last session was taken up; which is in the following words :
Mr. Baltzell moves to strike out the words, appointed by the
President," in the first and second lines of the 30th rule, arid insert,
elected by the Senate by ballot."
On the question of adoption, the amendment was rejected.
On motion of Mr. Hart, the resolutions offered by him on Tues-
day, were taken up and read a second time.
Mr. Smith offered an amendment in the following words:
Be it further resolved, That in obedience to the injunction, and in
imitation of the most worthy example of Jesus, such Minister, when
about to offer up his prayers, do retire to some closet and, after clo-
sing the door, implore our Heavenly Father in behalf of this Body,
to direct and guide us in all our doings in the right way.
On the question of adoption, the same was rejected.
Mr. Pelot moved to strike out the word stationed," in the first
resolution, which was accepted by the mover; and on the passage
of the resolutions, the yeas and nays were called for by Messrs.
Pelot and Yonge, and those who voted in the affirmative were :
Mr. President, Messrs. Cooper, Hart, Haughton, Long, Ma-
thers, Pelot, Ramsay, Walker and Yonge-10.
In the negative, Mr. Smith-1.
So the Resolutions were adopted in the following words:
Resolved by the Senate of Florida, That the regular Ministers of
the Gospel in the City of Tallahassee be invited alternately to per-
form the duties of Chaplain for the Senate during the present ses-
sion.
And be it further Resolved, That a copy of these resolutions be
made out, certified, and handed to each of the respective Ministers
of the Gospel resident in Tallahassee.
The following communication was received from the Governor,
transmitting the annual Report of the Union Bank of Florida, ac-
companied by a copy of a letter from the President of that Institu-
tion :
EXECUTIVE OFFICE, )
Tallahassee, 11th Jan. 1844. \
Gentlemen of the Senate
and House of Representatives :
I transmit herewith, for the information of the Legislative Coun-
cil, the annual report of the Union Bank of Florida, accompanied by
a copy of a letter from the President of that Institution, to which I
invite your attention. R. K. CALL.

















REPORT OF THE UNION BANK.

UNION BANK OF FLORIDA,
January 2d, 1844.
Sir : I have the hIonor to present herewith the annual statement of
the condition of this Bank.
Since the first of January, 1843, the Bank has redeemed of its then
outstanding liabilities, besides the interest which had accrued thereon,
as follows, viz:
Of Sterling Bonds, $130,002
Post Notes, 89,126
Judgments, 14,160
Certificates, 13,875
Deposites, 40,484
Circulation,. 37,112
Territorial Bonds, 1,500

Making an aggregate amount of $326,259
Arrangements have also been made, but not yet completed, for
payment of 13,500 more of sterling Bonds, and the interest due
upon them.
In the early part of this year, much larger payments were anticipa-
ted. The disappointment has arisen from causes beyond the control
of the Bank. It has done all that it could do, and that prudence
would justify. The amount of debt in suit, with the interest now due
thereon, exceeds twelve hundred thousand dollars ; about half of
which is in judgment; but the returns upon executions are generally,
"-No effects." Where payments have not been pressed to execution,
the forbearance has been dictated by prudential considerations. Upon
the Stock Note debts now in suit, amounting with interest to $287,000
it has been deemed proper not to press for payment, until the Court of
Appeals shall have settled the question, Whether, in exacting inter-
est in advance, upon loans to its Stockholders, the Bank has been guilty
of usury." If the judgment of the Court below be sustained by the
Court of Appeals, the Stock Note debt, amounting, with interest, to
two millions of dollars, will be annihilated; and leave the Bank in a
state of hopeless insolvency.
Since the date of the judgment in the Court below, the interest re-
ceived upon the Stock Note debt, is less than seven thousand dollars.
But although every community contains men who will avail them-
selves of any and every plea, which will avoid the payment of debts,
it would be injustice to the defaulting stockholders generally, to im-
pute their default to an intention, or desire, to avail themselves of the
plea of usury, if sustained by the Court of Appeals. Their apology















may be found in the well-known fact, that they are, not less than their
neighbors, embarrassed with debt; nor less affected in their circum-
stances by the failure of crops, by the depreciation of property, and
by the general pecuniary difficulties of the times. They owe other
debts which cannot be postponed, without subjecting their plantations
to be stripped, by marshal's and sheriff's sales, of horses, mules, pro-
visions, corn, fodder, farming tools, and all the materiel indispensable
for their cultivation; whereas the preservation of these indispensa-
bles, will enable them hereafter to pay arrearages, and future inter-
est. Men usually pay the most pressing debts. It is proper here to
add, that a considerable amount of the liabilities which have been re-
deemed within the year, were received in payment of debts due to
the Bank by Stockholders; and to the Bank the benefit is the same,
whether the payment be for interest or other debt. The remarkable
unanimity with which, subsequent to the judicial decision referred to,
the Stockholders, in general meeting, instructed a committee to ask
of the Legislative Council, powers more effectually to coerce them-
selves to pay their interest, is honorable evidence that few, if any of
them, desire to avail themselves of the plea of usury. I have deemed
it justice to the Stockholders, to accompany the annual statement
with these remarks.
The notes of the Bank have ceased to form any part of the circula-
tion of the country. Our citizens are no longer losers by their de-
preciation, or incorwenienced by its inability to redeem them. They
are only seen now, "like angel's visits, few and far between." May
it not, then, be hoped that a time has come, when a few words in
behalf of the Bank will be heard with patience, and be judged with
candor ? This Bank brought into the Territory three millions of
dollars, which, with half a million more of its own paper, then of equal
value with gold and silver, it loaned to the citizens of Florida. Elev-
en twelfths of this amount were loaned to the agriculturists of the.
country, who invested the money in the purchase of lands, slaves,
horses, mules and agricultural machinery. It is true that purchases
were made at prices exceeding the present value of the things purcha-
sed. But it should be remembered that the price of slaves then as
now, and always, was regulated by their value in other southern
markets; and that land in Florida never did attain the prices at which
land of similar quality was sold in the adjoining States. Let it also
be borne in mind, that if the price of cotton had continued at 14 to
15 cents per pound, there would have been no diminution in the value
of either land or slaves. These undeniable truths should have ex-
empted the borrowers of bank capital from the charge of blind ex-
travagance in their investments, so often alleged against- them.
But, however imprudent they may have been, the Bank was in no
manner responsible.
Your Excellency can bear testimony of the promptness, with
which in its prosperous days, the coffers of this institution were al-
ways thrown open to supply the Government of the Territory, with-















out charge of interest, with the means of equipping troops, to defend
our citizens from the inroads of their savage foe.
From the commencement of its operations, until the spring of
1837, an unexampled prosperity was diffused over the country with
which this Bank was connected-a prosperity universally attributed
to its benificent action. A change came afterwards over the scene;
but this Bank had neither agency in, nor control over, the causes of
the general prostration which succeeded. Some of those causes,
(the Indian war, for example,) were peculiar to Florida; while oth-
ers more widely extended, swept, as with the besom of destruction,
from Maine, to New Orleans, and from the shores of the Atlantic to
the remotest cabin in the far West. Every interest in our extend-
ed Republic suffered ; but most of all, the Banks ; for the obvious
truth, that they could only meet their liabilities by collections from
their debtors, was lost sight of, and by a monstrous perversion of
judgment, the inevitable consequence of default in the one, was
charged as a crime in the other. Such has been the lot of this
Bank, whose greatest fault has been its effort to avert from this com-
munity, the ruin which it saw falling upon every portion of the
Southern country.
Whilst engaged in that benevolent, and patriotic effort; and ex-
tending forbearance and indulgence to its debtors,, it did not hesi-
tate to make enormous sacrifices of its own effects, for the purpose
of paying the interest upon the Bonds, with which it had been fur-
nished by the Territory. Sacrifices, which were discontinued, on-
ly from regard to the true interest of the Bondholders themselves.-
Yet the Bank continued to experience nothing but denunciation and
persecution ; and the loudest in the cry, have often been those, who
had been saved from utter ruin by its kind forbearance.
This Bank as is known to your Excellency, has not resumed the
payment of interest upon the bonds of the Territory, which were
sold by it. The failure to pay, has not been from want of will, but
of ability. The Bank cannot refuse to receive its own liabilities ;
and so long as they are of less value than gold and silver, payment
of interest, or of any other debt, will be tendered in nothing else.-
They must be absorbed, before payment of interest upon Territorial
Bonds can be resumed. It is impossible to predict the time whne
that can be done. But if the Court of Appeals does not sustain the
plea of Usury-and if the Legislative Council will grant the prayer
of the Stockholders for such amendment of their charter as is ask-
ed, without the addition of provisions which they cannot accept, it
may be confidently predicted, that the next annual Statement will
show a greater extinguishment of the liabilities of the Bank than
the statement of any preceding year.
The Bank debtors must, by this time, have paid most of their
other debts; and there is reason to look for better prices for the
Cotton crop of 1844, than were obtained for those of 1842
and 1843. Increased power to coerce will be aided by increased









ability to pay. Let the power then be given-it will do much
good; and can work no injury
Your Excellency will recollect that certain Resolutions of the
Stockholders of this Bank were the subject of an official commu-
nication from you to the last Legislative Council; and under a
misapprehension of their intent and effect, two of the Resolutions
were condemned by the Council, and action under them forbidden.
The resolutions were designed to enable Stockholders to dissolve
their connection with the Bank ; but upon conditions highly advan-
tageous to the Bank and to its creditors. The only parties who
could by possibility be injured, are the Stockholders who would
remain such. Surely they may be supposed capable of under-
standing and guarding their own interests. But one application
has as yet been made for action under either of the condemned
Resolutions; and by acquiescence in the will of the Legislative
Council in that one case, the refusal to act under the resolution
will have caused the Bank to pay twenty-six thousand dollars, be-
fore the maturity of the Territorial Bonds, which would have been
avoided, and the arrangement would have covered the same amount
of bad debts. Surely opinions which cause such results, ought to
be abandoned ; and will not your Excellency aid in obtaining the
revocation of an interdict, which was issued at your recommenda-
tion ?
I pray leave respectfully to present to your notice a debt due for
money loaned to the Territory in the year 1839, to enable the Ex-
ecutive to defend the country against the Indians. Part of that
loan was repaid; but there remains unpaid, the-sum of eighteen
thousand five hundred and eighty-four dollars, ($18,584) besides
the interest due thereon from the Ist January, 1842, to the present
time. The evidences of the debt belong to parties who advanced
their money, and enabled this Bank to pay the interest of the Ter-
ritorial bonds, which was paid on 1st July, 1841. If the interest
of the debt was regularly paid, the bouds of the Territory would be
available to the parties who hold them ; and would relieve them
from great inconvenience. Will your Excellency be pleased to
call the attention of the Legislative Council to the propriety of
providing funds for paying the interest, if not also the principal, of
these bonds.
Very respectfully,
Your obedient servant,
(Signed) JOHN G. GAMBLE, President.
His Excellency R. K. CALL,
Governor of Florida.















UNION BANK OF FLORIDA, )
Tallahassee, December 30th, 1843. (
State of the Union Bank of Florida, Saturday, the 30th December,
1843.

CR.
To Stock Notes Discounted, $1,818,857 54
" Notes, bonds and bills do. 946,140 43
" Loan to the Territory, 18,584 00=$2,783,581 97
" Territorial Bonds unsold, 767,500 00
" Dues by Banks and Agents, 450,389 93
" Real Estate, 98,083 46
" Protest Account, 828 79
" Cash in Specie and other Bank Notes, 13,692 90

$4,114,077 05


By Capital Stock secured on Land
and Negroes, $2
Capital Stock secured by Ter-
ritorial Bonds,
Capital Stock, cash,
Deposites,
Post Notes issued,
Certificates on time,
Sterling Bonds issued,
Due to Banks and others,
Union Bank Notes issued,
Notes burnt, $791,730 00
Notes in Bank, 19,385 00=
Circulation Union Bank Notes,
Central Bank transfers,
burnt $99,439 00
in Bank, 15 00=
Circulation Central Bank Notes,
Sinking Fund on 1st Jan'y. 1843,
Interest Account, 11,554 77
Incidental and legal
expenses,exchange and
premium account, 35,975 44=


,974,500 00

25,500 00
6,300 00= $3,006,300
26,232
148,461
47,347
314,442
398,782


866,500 00

811,115 00

103,995 00

99,454 00

160,664 64


54,835 00



4,541 00


47,530 21= 113,134 43


$4,114;077 05
H'Y L. RUTGERS, Cashier.


Sworn and subscribed before me this 2d January, 1844.
(Signed) R. J. HACKLEY, J. P.


(Signed)















Which were read, and laid on the table, and one hundred copies
ordered to be printed.
A communication was received from the House of Representa-
tives for the concurrence of the Senate, and read :
Resolved by the Senate and House of Representatives of Florida,
That our Delegate in Congress be respectfully requested to pre-
sent the memorial of Thomas T. Long, Secretary of the Senate,
and Hugh Archer, Secretary of the House at last session, to Con-
gress, with the Joint Resolution of last session, and endeavor to
procure the appropriation necessary to pay them for their services
at the last session.
The President appointed the following standing committees :
JUDICIARY. STATE OF THE TERRITORY.
Messrs. Walker, (To have charge of Claims.)
Baltzell, Messrs. Livingston,
Yonge, Baltzell,
Smith, Smith,
Haughton. Ramsay,
Long.
ELECTIONS.
Messrs. Priest, FINANCE AND BANKS.
Long, Messrs. Baltzell,
Cooper, Livingston,
Mathers. Yonge,
Haughton,
SCHOOLS AND COLLEGES. Cooper.
Messrs. Hart,
Ramsay, MILITIA.
Yonge, Messrs. Pelot,
Pelot, Long,
Ramsay,
PUBLIC ACCOUNTS. Mathers.
Messrs. Haughton,
Hart, ENROLLED BILLS.
Cooper, Messrs. Smith,
Mathers. Yonge,
Haughton.
Mr. Haughton moved twenty-five copies be printed.
Which were ordered.
Mr. President called Mr. Pelot to the chair, and asked leave of
absence from the Senate for a few days. Which was granted.
On motion the Senate adjourned until 12 o'clock to-morrow.

FRIDAY, January 12th, 1844.
The Senate met pursuant to adjournment, and a quorum appear-
ing, Mr. Pelot was called to the Chair.
Mr. Yonge moved that the Senate proceed to the election of a
President pro. tem. during the absence of the President.















Mr. Pelot was unanimously elected President pro. tern. of the
Senate.
The proceedings of yesterday were read and approved.
Mr. Haughton gave notice that at a future day he will ask leave
to introduce a bill to be entitled, An Act in addition to the acts
regulating Judicial Proceedings.
Mr. Baltzell, pursuant to notice given oh a previous day, intro-
duced a bill to be entitled, An Act for the election of certain officers;
Which was read; and ordered to a second reading on to-morrow.
Mr. Baltzell introduced the following Resolution:
Resolved, That a Joint Select Committee of five from each
House be appointed, to consider and devise the best ways and
means of discharging the indebtedness of the Territory, and pro-
viding a suitable revenue to defray the expenses of the Territorial
Government, not payable by the General Government.
Which was read, and laid on the table.
Mr. Long offered the following Preamble and Resolutions:
WHIEREAS, in locating a seat of Government, respect should all
ways be had to the healthiness of the place, and its accessibility to
the population of the country : And whereas, the experience of the
last twenty years has proved most conclusively Tallahassee, the
present seat of Government for the Territory of Florida, to be ex-
ceedingly unhealthy, all the efforts of a vigilant police failing to
to correct or even ameliorate the evil: And whereas, Tallahassee,
situated at a distance of six or seven hundred miles from the ex-
treme Eastern and Southern portion of the Territory, and only two
hundred miles from the Western boundary, is by no means a central
position: And whereas, the country East of Tallahassee possesses
many advantages to that West of it, in soil, products and health,
inducing at this time an immense immigration;
Be it therefore Resolved by the Governor and Legislative Council
of Florida, That our Delegate be requested to use his best exer-
tions to have the seat of Government moved from its present loca-
tion to-
Be it further Resolved, That a copy of this resolution, properly
authenticated, be sent to our Delegate, the Hon. David Levy.
The Resolution offered on yesterday by Mr. Pelot, on the sub-
ject of Stationery for the Senate Chamber, was taken up and read ;
And Mr. Walker, of Leon, moved to amend, by inserting after
the words Senate chamber," the words and for the use of the
members of the Senate ;"
Which was rejected.
And Mr. Baltzell offered a substitute for the original Resolution,
which after some discussion was withdrawn, and the original Res-
olution laid on the table.
Mr. Baltzell offered the following resolution:
Resolved, That the Governor of the Territory be requested to
furnish the Senate with copies of the correspondence, if any he















may have had, with officers of the General Government, in reference
to the payment and allowance of accounts presented for payment
for Stationery, &c., furnished the Senate at its last session.
Which was read, and on motion, the rule waived, read a second
time and adopted.
The Resolutions offered on yesterday by Mr. Pelot, in relation to
the Governor's Message, were read a second time, and amended on
motion of Mr. Haughton, by striking out the words, same Commit-
tee" and inserting Committee on Public Accounts," and passed in
the following words :
Resolved by the Senate, That so much of the Governor's Mes-
sage as refers to Banks, be referred to the Committee on Banks, for
their immediate action;
So much as refers to the completion of the Capitol, to the Com-
mittee on the State of the Territory ;
That which relates to the Auditor and Treasurer, to the Commit-
tee on Public Accounts;
So much as relates to Seminary Lands, to the Committee on
Schools and Colleges;
That which relates to the Militia, to the Committee on the Mili-
tia;
So much as relates to Attachments, to the Committee on the Ju-
diciary;
And so much as relates to our Territorial Government, to the
Committee on the state of the Territory ;
With instructions to report at as early a day a, practicable.
The Resolution from the House of Representatives, in relation to
the claims of the Secretary of the Senate, and the Secretary of the
House of Representatives, was taken up and read a second time.
Mr. Baltzell offered a substitute, which after some discussion,
was withdrawn, and a motion made to waive the rule and read the
resolution a third time and put it on its passage ; but objection be-
ing made by Mr. Yonge, a discussion arose in relation to the rules.
The President pro. tern., decided that the unanimous consent of the
members present was necessary to the suspension of a rule ; from
which an appeal was taken to the Senate, and the decision of the
Chair was sustained, and the resolution lies over.
At Preamble and Resolutions from the House of Representa-
tives, requesting the Delegate in Congress to use his best exer-
tions to procure the establishment of a mail route from the city of
St. Augustine to some point on Indian River, &c., was read the
first time, and on motion the rule was waived, and the Preamble
and Resolutions were read a second and third time, and passed.
On motion the Senate adjourned until to-morrow, 12 o'clock.















SATURDAY, January 13th, 1844.
The Senate met pursuant to adjournment, a quorum not answer-
.ing on a call of the roll,
On motion, the Senate adjourned until Monday, 12 o'clock.


MONDAY, January 15th, 1844.
The Senate met pursuant to adjournment, a quorum not answer-
ing on a call of the roll,
On motion, the Senate adjourned until to-morrow, 12 o'clock.


TUESDAY, January 16th, 1843.
The Senate met pursuant to adjournment, and a quorum of mem-
bers being present, the Rev. Dr. Yeager was introduced, and officia-
ted as Chaplain of the Senate.
The journal of Friday was read and approved.
Mr. Smith gave notice that he will on some future day, ask leave
to introduce A Bill to enable the Union Bank of Florida, and others,
-more readily to collect their debts.
Mr. Yonge, pursuant to notice given, asked and obtained leave
to introduce a bill entitled, An Act concerning Executions.
Which was read, and ordered to a second reading on to-morrow.
Mr. Haughton, in pursuance of notice given, asked, and obtained
leave to introduce a bill entitled, An Act in addition to the acts
regulating Judicial Proceedings.
Which was read and made the order of the day for to-morrow.
Mr. Houghton presented a petition from B. F. Allen, Adminis-
trator of R. C. Allen, deceased, asking compensation for certain
services rendered by his intestate, in selecting and locating Semi-
nary Lands in the Territory of Florida.
Which was read, and with the accompanying documents, refer-
red to the Committee on Public Accounts.
Mr. Hart presented the petition of James Long, of the County of
Alachua, praying to be divorced from his wife, Elizabeth Long.
Which was read and referred to a select committee, consisting
of Messrs Hart, Walker and Livingston.
Mr. Pelot presented the following preamble and resolutions:
WHEREAS, The public lands now surveyed and unsold in the
Territory of Florida, have stood for years subject to entry : And
whereas, in such surveyed lands, all of the first quality have been
entered, there remaining, consequently, only those of an inferior
quality : And whereas, it will be productive of an increase of pop-
.ulation, and add much to the comfort and welfare of the poorer
.class of our citizens, to have the price of such lands reduced ; there-
by enabling them to obtain permanent homes, removed beyond the
avarice of speculators, who are daily depriving this class of our















citizens of the proceeds of their hard labor, and thereby subjecting
them and their families to great want ; and believing that it will
add much to the public revenue :
Therefore, be it resolved by the Governor and Legislative Council
Council of the Territory of Florida, That our Delegate in Congress
be requested to lay this matter in its proper light before that body,
and press upon them the nececessity of a reduction of the price of
all public lands in this Territory, which have been offered for sale
more than one year.
Which was read.
Mr. Cooper offered the following preamble and resolution :
AWHEREAS, The increasing trade and growing population of the
counties bordering the Suwannee River, make the free navigation
of said river at all seasons a matter of vital import to the citizens
of the adjacent country : And whereas, by reason of obstructions
in said river, the navigation up to the junction of the Withlacoochie
and Suwannee is much impeded, to the great injury of the citizens
residing in the vicinity of said rivers : And whereas, Congress did
appropriate fifteen thousand dollars for the removal of said ob-
structions, which was prevented from being executed by the break-
ing out and continuance of the Seminole War ; in consequence of
which, said appropriation has reverted back to the national Trea-
sury :
Be it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That our Delegate in Congress be
requested to use his best endeavors to procure a re-appropriation of
said sum for the clearing out the obstructions in said river, and that
a copy of this resolution be forwarded to him by the Secretary of
the Senate, immediately after its passage, to be laid before Congress
as soon as possible.
Which was read.
The following Communication was received from his Excellency
the Governor :
EXECUTIVE OFFICE, )
Tallahassee, 12th January, 1844.
Gentlemen of the Senate
and House of Representatives:
I transmit, herewith, a copy of the annual report of the Southern.
Life Insurance & Trust Company, together with a copy of the
report of the Trustees of that Institution, and a copy of my corres-
pondence with the Cashier of that Company.
From these several documents, you will perceive that the Trus-
tees, under the assignment of the Bank, have met with many unfor-
seen embarrassments, in the performance of the highly important
trust confided to them. They have, however, accomplished much
in retiring the liabilities of the Institution, and much more may be
anticipated during the present year.














I invite your attention to these documents ; and submit to the
judgment of the Legislative Council, the propriety of the decision I
have given, on the proposition of the Cashier of the Bank, to with-
draw certain securities deposited in the Executive Archives, as an
indemnity to the Territory.
(Signed) R. K. CALL.
SOUTHERN LIFE INSURANCE AND TRUST COMPANY,
Tallahassee, January 8th, 1844. ,
To His Excellency, R. K. Call, Governor of Florida :
Sir: I have the honor to enclose you duplicate copies of the
annual statement of the condition of this Company on Monday, the
1st instant. With this statement I also hand you the statement and
report of Messrs. J. & L. Branch, Assignees, for more detailed
particulars of the assets applicable to the payment of the remain-
ing outstanding liabilities.
In the Messrs. Branch's report is a reference to proceedings against
the Assignees and Company which, if not without the authority of
law or precedent, will account for the limited progress made by the
Assignees in the collection of our debts and the discharge of liabil-
ties. The aggregate reduction of liabilities, in the past year
amounts to 152,666 97. Measures are in progress, which we have
the confident assurance of the best legal advice, will compel the
surrender of the remaining outstanding certificates, guarantied by
the Territory.
I am directed respectfully to call your attention to the subject of
the guarantee, and suggest whether, as far as the holders of one
hundred and sixteen are concerned, who have declared in a memo-
rial to the Legislative Council, that the guarantee was obtained
through fraud, and therefore not binding upon the Territory, there
would not -be a manifest propriety in surrendering to the Assignees
that amount of securities now deposited with the Executive, and
declare the said certificates cancelled, in accordance with the
holder's declarations, if the action of the Legislature has not can-
celled the whole, as far as the Territory may be concerned.
The Trustees do not hesitate to declare, that the holders of the
whole amount outstanding, have no legal title to them, or the
power to collect.
Great embarrassments are frequently experienced in not having
the immediate control of these mortgages, when debtors are remov-
ing or have removed the property beyond the Territory. In these
instances, the mortgages are indispensable, and should be at the
control of the Assignees, both for the protection of the Territory (if
they are liable) as well as the creditors of the Institution generally.
There is no officer of the Territory whose business it is to look
after property mortgaged to the Banks ; and if so, great doubts are
entertained whether this property could be as well protected by any
one as those whose interests are in making it available to creditors.
Under any state of things, (even upon the remote contingency of










tho Company being held liable,) the Trustees have confidence in
the assets being equal to the payment of all debts due by the Com-
pany, if they are not further interrupted by vexatious suits and in-
terferences.
I have the honor to be,
Your obedient servant.
(Signed) ROBT. LYON, Cashier.


TRUSTEES' LETTER.

TALLAHASSEE, January 8th, 1844.
To the Board of Directors of
The Southern Life Insurance and Trust Company :
GENTLEMEN :-The undersigned, Assignees of your Company,
have the pleasure to transmit herewith a statement, shewing the
condition of the Trust in their hands, on this day.
During the past year we have been embarrassed by certain judi-
cial proceedings, the object, extent and grounds of which are
notorious, and need not be enumerated here. Since May last we
have been under strict injunction, issuing out of the Chancery
Court of the District of Middle Florida, not to pay any money ex-
cept to the Solicitor of the Complainants in Chancery; and we
have endeavored to conform strictly to the mandate of the-
Court. The order of the Court of May last, which was.
made before we had been summoned to appear and answer the'
bill on which the order was founded, must be regarded as a decree
declaring judgment creditors entitled to priority of payment out
of your assets. We had no authority under the deed of assign-
ment to give them such preference, and the order not only autho-
rized us to do so, but forbids us to pay any other creditor. The
bill which is the ground of these oppressive proceedings, was not
signed by any of the complainants, no affidavit was made of the
truth of its allegations, and no bond with security was filed', as our
statute expressly requires. The amount claimed by the Com-
plainants is $2,900. Such is the bill on which the injunction
was issued and decree made. We have endeavored to have the
injunction dissolved, but have not been able to obtain a hearing.
It is useless for us to say, Gentlemen, that proceedings so irregu-
lar and unprecedented, must have been founded on a total misap-
prehension of facts by the Judge, and we doubt not that if we
could have obtained a hearing, they would have been reversed
last spring.
We have not as yet paid any thing to the Solicitor of the Com-
plainants, and we do not intend to do so, before the decision of
this suit. After mature reflection, we have determined to waive
all objections to the gross irregularity of the whole proceeding,
and the high handed and reckless disregard of the law and our














rights, and claim a decision at the earliest day, as to the validity
of the assignment. We do not intend, gentlemen, to waive the
right of your Company, to .be plundered according to law, but the
citadel is impregnable, and being blockaded, we must abandon the
suburbs to be sacked, in order to avoid being reduced to famine in
the slow progress of a siege. It was perhaps, anticipated, that we
would pay so small a sum as $2,900, to rid ourselves of the obsta-
cles thrown in our way ; and this may have been at once an object and
supposed security in making the proceedings oppressive and em-
barrassing. But, gentlemen, we have not forgotten, that when the
barbarians were bribed to leave the gates of Rome, they were
invited to come, often ; but when the sword was cast into the scale,
and Rome declared herself ready to test the strength of her fortifi-
fications, it was long before they came to claim their accustomed
tribute or plunder. The community is interested to know the
extent of our rights and duties under the assignment-you are in-
terested to know whether your assets are to be squandered or ap-
plied to the payment of your debts-your creditors are anxiously
inquiring how long nearly two millions of dollars of assets are to be
held in suspense for a claim of less than three thousand dollars,
,and we do not feel at liberty to make any defence which may retard
the progress of the suit, or delay the decision of the main question
at issue.
During the past year a bill in Chancery has been filed here, and
one has been also directed to be filed in the city of New York, the
object of which is to recover possession of about $350,000 of your
assets and obligations, issued in New York in the spring of 1840.
Able counsel has been employed in New York, and no doubt is
entertained that the whole amount will be ordered back into6our
hands early in the present year. The termination of this suit if
favorable to you, will bring in all the outstanding Faith Bonds"
issued to your Company, and add a large amount to the available
assets in our hands for the payment of your debts. Such a result
should be gratifying to every citizen of the Territory, anxious for
its credit; and the undersigned are assured.that to none will it
afford more gratification than to yourselves. In connection with
this subject, -the undersigned beg leive through you, to call the
attention of the Governor and Legislative Council to the fact, that
S245,000 of the mortgages assigned to us are held by the Execu-
tive, as a collateral security to indemnify the Territory for its gua-
rantee of your bonds.. The Legislature having resolved at several
successive sessions, that the pretended guarantee imposed no obli-
gation on the Territory in any event, and two of the present holders
of the sterling bonds, representing half of all that are outstanding,
having in a memorial addressed to the last Council, voluntarily
declared that the guarantee was obtained by fraud, the undersigned
can perceive no good reason why the Legislative Council should
not authorize and request the Governor to return the mortgages to














us. There being no liability upon the Territory, the security
should of course be relinquished.
Early in December the undersigned were informed that a hill
had been filed in the Chancery Court of the District of Columbia,
by some of the holders of the eight per. cent bonds, for the recove-
ry of which we are sueing in New York, and injunction obtained, t
prohibit the disbursing officer of the Government from paying to us
the money loaned by your Company for the prosecution of the Flo-
rida war. Since receiving the information, we have been endea-
vouring to make such arrangements, that one of the undersigned
could visit Washington, to secure our claims, but more urgent busi-
ness here has as yet prevented. He will leave, however, in the
course of a few days, and will return in time to afford the Legisla-
tive Council ample time to provide for the payment of the debt, if
the Federal Government refuses to pay the balance. We appre-
hend no difficulty from the parties suing in the District of Co-
lumbia, as the claim is not just, and the Government will not per-
-mit the functions of its disbursing officers to be interfered with, by
the ordinary legal process for diverting the payment of money from
debtor to creditor.
With such reasonable support as we have a right to expect, and
will probably receive from the Judicial tribunals, we have reason
to believe, that the assets in our hands will at least pay your debts.
We are bound, however, in candor, to state, that a very large por-
tion of your debts can only be paid by being received in payment
of debts due to the Company, of equally doubtful credit. Several
attempts have been made by debtor stockholders, during the
past year, fraudulently to remove their mortgaged property beyond
the limits of the Territory, and we have been compelled to incur
heavy charges in the establishment of a system of vigilance
to detect, and energetic action to defeat, such attempts in future.
None are more interested to check such frauds than that class of
stockholders, constituting a large majority, who intend to abide
the decision of the Courts as to the validity of these mortgages, or
take advantage of any favorable opportunity to compromise con-
flicting claims. It is needless for us to declare to you, gentlemen,
that such attempts shall not be made with impunity, whilst the in-
terests of your Company, its honest stockholders and suffering
creditors are in our hands. The offence is felony under our stat-
utes, and the penalties of the law can, and shall reach the offender,
into whatever State he may flee. We intend to respect just defen-
ces and equitable claims of the mortgagers, but it is equally our
intention to protect creditors. Concession and compromise are ex-
pedient; and we can, at present, perceive no reason to believe that
such compromise may not be made, unless a large proportion of the
assets of the Company shall be annihilated by fraudulent removals of
its security.
The books and papers of four of your Branches, are now here,


















and those of the other two will be here in a few days. They are
left in our office, where you can at any time refer to them if you
desire, and will be carefully preserved. We will cheerfully furnish
any additional information that may be desired by yourselves, or the
Legislative Council; and, in conclusion, gentlemen, we beg to
assure you, that we will continue to receive with deference and plea-
sure, any suggestions you may make for our assistance, in the dis-
charge of the very onerous and responsible trust you have confided
to us.
We are, Gentlemen,
Very respectfully,
Your obedient servants,
(Signed,) J. & L. BRANCH, Trustees.




LETTER OF HIS EXCELLENCY, THE GOVERNOR.
TALLAHASSEE, 10th January, 1844.
Sir: I have received your letter of the 8th inst., accompanied with
duplicate copies of the annual statement of the condition of the
-Southern Life Insurance and Trust Company on Monday, the 1st
inst., and a statement of the assets of that Institution furnished by the
Trustees. In reply to that part of your letter in which you sug-
gest the propriety of declaring certain certificates, guaranteed by the
Territory, cancelled," and a return to the Company of an equal
amount of the securities deposited with the Executive, I have to ob-
serve that I do not conceive that I have authority under the law to
adopt your suggestion, even though it were favorably considered.-
But, until there has been a judicial decision, against the validity of the
claim of the holders of the outstanding certificates, or until they shall
have been returned to the Executive, I do not think that the Territory
can, with propriety, part with any security it may possess as an in-
demnity for her guarantee.
I am sir, very respectfully,
Your obedient servant,
(Signed) R. K. CALL.
Mr. ROBERT LYON,
Cash. S. L. I. & T. Co., Tallahassee.















Statement of the Condition of the So. Life Insurance and Trust Co.,
Monday, January 1. 1844.

RESOURCES.
In the hands of Messrs. J. & L. Branch,
Assignees, as per Statement and Re-
port annexed, $1,577,905 94
In the hands of A. M. Reed-
Liabilities cancelled, 993 41
Profit and Loss, including expenses, &c. 50,136 48= 51,129 89


Dollars,

LIABILITIES.


Notes of this Company issued,
and not heretofore cancelled, $64,614
On hand, 31,437
In circulation, 33,177
Post Notes outstanding, 7,800
Depositors, 19,285 97
Certificates of Deposites, 25,477 73
Bills payable, 159,932 07
Bonds payable, 37,823 73
Other Obligations of this Company, 79,934 54
Certificates of Deposite issued to Union,
and Union and Potomac Companies
of Maryland and Virginia, 63,557 25
Dividends unpaid, 789 00
Deposites to apply on debts due this Company,
(1) Sterling Certi'cates guaranteed by the Territory,
Capital Stock,


Dol


lars,


1,629,035 83


=427,777 29
43,958 54
240,000 00
917,300 00

1,629,035 83


Tallahassee, January 8, 1844.
TURBUTT R. BETTON,
Vice Pres't. S. L. I. 4d Trust Company.
ROBERT LYON,
Cashier S. L. I. 4d Trust Co.

(1) Not recognized as a debt.

TERRITORY OF FLORIDA,
Leon County. s.
On this 8th day of January, 1844, personally came before me, the
undersigned, a Justice of the Peace in and for the County aforesaid,
Turbutt R. Betton, Vice President, and Robert Lyon, Cashier of
the Southern Life Insurance and Trust Company, who being duly
sworn, depose and say, that the within statement of the condition of














the Southern Life Insurance and Trust Company, is just and true,
according to the best of their knowledge and belief. Witness my
hand, the day and year above written, at Tallahassee.
SIMON TOWLE,
Justice of the Peace.


This amount originally Assigned by the Southern
Life Insurance and Trust Co., and Interest on
Bonds and Mortgages,


$1,721,972 25


Statement of the Condition of the Trust from the Southern Life In-
surance and Trust Co., January 1, 1844.

(1) This amount applied in payment of sundry Lia-
bilities of the Company, $144,066 31
ASSETS ON HAND-
Due on Bonds and Mortgages, $618,689 14
" for Loans on Stock, 158,557 72
" Bills Discounted, 115,695 54
" on Trust to Robbins & Branch, 264,811 39
" Eaml. Burritt, 19,686 31
Commercial Bank of Florida, 19,953 84
Union, and Union and Potomac Com-
panies of Maryland and Virginia, 89,577 55
Due from sundry individuals for balances, 43,838 66
Stocks, 107,445 00
Real Estate, 50,547 42
Bonds, 71,393 47
Personal Property, 6,279 28
Suspended Debt, 4,508 97
Cash items, 6,921 65=1,577,905 94

Dollars, 1,721,972 25

(1) This amount has been increased $6,000 since the statement
was made, and will probably be increased $40,000 more in a few
days, by the result of pending negotiations. About $12,000 are in
the hands of agents, subject to our order, not yet charged as cancelled.
Tallahassee, January 1, 1844.
J. & L. BRANCH,
Trustees.

Which was read and referred to the Committee on Banks, and
fifty copies ordered to be printed.
A bill to be entitled, An Act for the Election of certain Officers,
came up in order, on its second reading; but the introducer not be-
ing in his seat, it was, on motion of Mr. Walker, laid on the table.
The resolution offered by Mr. Pelot in relation to stationery for













the Senate Chamber, came up ; but on motion of Mr. Pelot, it was
laid on the table until called up by the mover.
A resolution, introduced by Mr. Baltzell, asking for a Joint Select
Committee of five from each House, to consider and devise the best
ways and means of discharging the indebtedness of the Territory,
came up on its second reading, but the mover being absent from the
Senate, it was, on motion, laid on the table.
Joint resolutions from the House of Representatives, were receiv-
ed and read, in the following words :
Be it resolved by the Governor and Legislative Council of the Ter-
ritory of Florida, That Nathaniel Bryant be allowed, and receive,
the mileage and compensation prescribed by law, to be paid to mem-
bers of this House, tip to this day.
Be it further resolved, That our Delegate in Congress be, and he
is hereby, requested to use his best efforts to have an appropiation
made for the payment of the aforesaid amount
On motion of Mr. Pelot, the rule was waived, and the reso-
lutions were read a second and third time, and passed.
The preamble and resolution offered by Mr. Long, in relation to
the removal of the Territorial seat of Government, were taken up,
and on motion of Mr. Long, were made the order of the day for
Thursday next.
A joint resolution from the House of Representatives, in relation
to the compensation of certain officers of the last Legislative Coun-
cil, came up on its third reading, and on motion of Mr. Pelot, it
was laid on the table.
Mr. Haughton moved that twenty-five copies of the rules adopted
for the government of the Senate, be ordered to be printed. -
Mr. Walker, of Leon, moved an amendment, ordering the Ser-
geant-at-Arms to purchase sixteen copies of Jefferson's Manual, for
the use of the Senate.
Which motion for amendment prevailed, and Mr. Haughton's
motion, as amended, was adopted.

RULES OF THE SENATE.
1. The President shall take the Chair every day at
the hour to which the Senate shall have adjourned;
shall immediately call the members to order, and on
the appearance of a quorum, shall cause the journal
of the preceding day to be read.
2. He shall preserve order and decorum-may
speak to points of order in preference to other mem-
bers, rising from his seat for that purpose; and shall
decide questions of order, subject to an appeal to the
Senate by any two members; on which appeal no












member shall speak more than once, unless by leave
of the Senate.
3. He shall rise to put the question, but may state
it sitting.
4. No member shall speak to another, or otherwise
interrupt the business of the Senate, or read any
newspaper while the journals or public papers are
reading, or when any member is speaking in debate.
5. Every member when he speaks shall address
the Chair, standing in his place, and when he has
finished, shall sit down.
6. No member shall speak more than twice in any
one debate on the same subject, without leave of the
Senate.
7. When two or more members shall rise at the
same time, the President shall name the person enti-
tled to proceed.
8. When a member shall be called to order, he
shall sit down until the President shall determine
whether he is in order or not; and every question of
order shall be decidedby the President without de-
bate, subject to an appeal to the Senate.
9. If a member be called to order for words spoken,
the exceptionable words shall be immediately taken
down in writing, that the President may be better
enabled to judge of the matter.
10. No member shall absent himself from the ser-
vice of the Senate without leave of the Senate; and
in case a less number than a quorum shall convene,
they are hereby authorised to send the Sergeant-at-
Arms, or any other person or persons, by them autho-
rised, for any or all absent members, as the majority
of such members shall agree, at the expense of such
absent members respectively, unless such excuse for
non-attendance shall be made, as the Senate, when a
quorum is convened, shall judge sufficient.
11. No motion shall be debated until the same
shall be seconded.
12. When a motion shall be made and seconded,












it shall be reduced to writing, if desired by the Pres-
ident or any member, delivered in at the table, and
read before the same shall be debated.
13. When a question is under debate, no motion
shall be received but to adjourn, to lie on the table,
to postpone indefinitely, to postpone to a day certain,
to commit, or to amend, which several motions shall
have precedence in the order in which they stand ar-
ranged, and the motion for adjournment shall be in
order, and be decided without debate.
14. If the question in debate shall contain several
points, any member may have the same divided.
15. In filling up blanks, the largest sum and the
longest time shall be first put.
16. Whien the reading of a paper is called for, and
the same is objected to by any member, it shall be
determined by vote of the Senate without debate.
17. When the yeas and nays shall be called for by
two of the members present, each member called
upon shall (unless for special reasons he be excused
by the Senate) declare openly, and without debate,
his assent or dissent to the question. In taking the
yeas and nays, and upon a call of the Senate, the
names of the members shall be taken alphabetically.
IS. On a motion made and seconded to shut the
doors of the Senate, on the discussion of any busi-
ness which may, in the opinion of a member, require
secrecy, the President shall direct the gallery to be
cleared; and during the discussion of such motion,
the doors shall remain shut, and no motion shall be
deemed in order to admit any person or persons what-
soever.
19. The following order shall be observed in tak-
ine up the business of the Senate, viz : motions, peti-
tions, resolutions, reports of standing committees, re-
ports of select committees, orders of the day.
20. When a question has been once made and car-
ried in the affirmative or negative, it shall be in order
for any member of the majority, to move the re-con-








sideration thereof, but no motion for the re-considera-
tion of any vote shall be in order after a bill, resolu-
tion, message, report, amendment or motion, upon
which the vote was taken, shall have gone out of the
possession of the Senate, announcing their decision;
nor shall any motion for re-consideration be in order,
unless made on the same day on which the vote was
taken, or within two next days of actual session there-
after.
21. Oil a question when the ayes and noes are
called for, in the event of a tie, the question shall be
decided in the negative,
22. All questions shall be put by the President of
the Senate, and the members shall signify their assent
or dissent, by answering viva voce, aye or no.
23. The President of the Senate shall have a right
to name a member to perform the duties of the chair;
but such substitute shall not extend beyond an ad-
journment.
24. Before any petition or memorial addressed to
the Senate shall be received and read at the table,
whether the same be introduced by the President or a
member, a briet statement of the contents of the pe-
tition or memorial shall verbally be made by the in-
troducer.
25. One day's notice, at least, shall be given of an
intended motion for leave to bring in a bill; and no
bill shall be written or printed, except by express or-
der of the Senate.
26. Every bill shall receive three readings previ-
ously to its being passed; and the President shall give
notice at each, whether it be the first, second or third;
which readings shall be on three different days, un-
less the Senate unanimously direct otherwise.
27. No bill shall be committed or amended, until
it shall have been twice read, after which it may be
referred to a committee.
28. The final question upon the second reading of
every bill, resolution or motion, requiring three read-












ings previously to being passed, shall be whether it
shall be engrossed and read a third time ?" And no
amendment shall be received for discussion at the
third reading of any bill, resolution, amendment or
motion, unless by unanimous consent Qf the members
present; but it shall be at all times in order, before
the final passage of any such bill, resolution or mo-
tion, to move its re-commitment, and should such re-
commitment take place, and any amendment be re-
ported by the committee, the said bill, resolution or
motion shall be again read a second time and con-
sidered as in committee of the whole, and the afore-
said question shall be put.
29. The titles of bills, and such parts thereof only
as shall be affected by proposed amendments, shall
be inserted on the journals.
30. The following Standing Committees shall be
appointed by the President, to consist of at least three
members, who shall have leave to report by bill or
otherwise:-a Committee on the Judiciary, a Comn-
on Finance and Banks, a Committee on the State of
the Territory, (to have charge of Claims,) a Commit-
tee on Elections, a Committee on the Militia, a Com-
mittee on Schools and Colleges, and a Committee on
Enrolled Bills.
31. Resolved, That the 30th Rule be so far amend-
ed as to require the appointment of an additional
Standing Committee, to be styled the Committee on
Public Accounts, whose duty it shall be to examine
the accounts and vouchers of the Auditor, Treasurer
and Commissioner of the Tallahassee Fund, and all
other officers having charge of the public funds or
accounts.
32. All confidential communications made by the
Governor of the Territory of Florida to the Senate,
shall be, by the members thereof, kept secret, until
the Senate, by their resolution, take off the injun c
tion of secrecy.
33. All information or remarks, touching or con-












corning the character or qualifications of any person
nominated by the Governor to office, shall be kept
secret.
34. When acting on confidential or Executive bus-
iness, the Senate shall be cleared of all persons, ex-
cept the Clerk, the Sergeant-at-Arms and Doorkeeper.
35. The proceedings of the Senate when not act-
ing as in committee of the whole, shall be entered
on the journals as concisely as possible, care being
taken to detail a true and accurate account of the
proceedings.
36. Messages shall be sent to the House of Repre-
sentatives by the Secretary, who shall previously
endorse the final determination of the Senate thereon.
37. Messengers may be introduced in any stage of
the business, except while a question is putting, while
the yeas and nays are calling, or while the ballots are
counting.
38. The Governor and Secretary of the Territory,
former members of the Council, and the Judges of the
Court of Appeals, shall be admitted to a seat within
the bar of this Senate Chamber, and any other person,
upon being invited by a member of the Senate.
39. The Secretary of the Senate, the Sergeant-at-
Arms, and the Doorkeeper, shall severally be sworn
by the President, well and faithfully to discharge their
respective duties, and to keep secret the proceedings
of the Senate when sitting with closed doors.
40. All resolutions presented to the Senate, shall
lie on the table one day before any vote shall be ta-
ken on the adoption of the same, unless by unanim-
ous consent of the Senate, this rule be waived.
On motion of Mr. Hart, the Senate adjourned until to-morrow, 12
o'clock.


WEDNESDAY, January 17th, 1844.
The Senate met pursuant to adjournment, and a quorum being
present, the Journal of yesterday was read and amended, on motion
of Mr. Pclot, and approved.














On motion, leave of absence was granted to Mr. Mathers for a few
days.
On motion of Mr. Pelot, the resolution laid on the table, on yes-
terday on his motion, in relation to Stationery, for the use of the
Senate chamber, &c., was taken up, and placed amongst the orders
of the day.
Also, the Joint resolution from the House of Representatives, in re-
lation to the compensation of certain officers, of the last Legislative
Council, was, on motion of Mr. Pelot, taken from the table, and
placed amongst the orders of the day.
Mr. Long gave notice, that he shall on some future day, ask leave
to introduce a bill to be entitled, An Act respecting Executions.
Mr. Haughton gives notice, that he will on to-morrow, ask leave
to introduce a bill, for the relief of Reuben Scott.
Mr. Smith pursuant to notice given, asked and obtained leave to
introduce a bill entitled, An Act to enable the Union Bank of Flori-
da, arid others, more readily to collect their debts. Which was read.
Mr. Pelot offered the following preamble and resolution. Which
was read.
WHEREAS, the Legislative Council, of the Territory of Florida,
at its session in 1841, appointed and requested the Hon. William
Marvin, to revise the laws of this Territory :
AND WHEREAS, such appointment was accepted, the work under-
taken, completed and submitted to the Legislature in 1843:
Be it therefore resolved by the Senate and House of Representa-
tives of the Territory of Florida, That a Joint Select Committee of
two members from each House be appointed to wait on the Hon.
William Marvin, to confer with him about the amount necessary to
compensate him for his services, and to report as early as practicable.
Mr. Cooper offered the following Resolution i
Resolved, That the regular hour for the meeting of the Senate be
at eleven o'clock, A. M. Which was read.
The Preamble and Resolution in relation to the Public Lands,
offered by Mr. Pelot on yesterday, were read a second time.
Mr. Livingston moved to amend, by striking out after the word
sale," the words more than one year."
Which amendment was accepted by the mover.
Mr. Haughton moved to amend the Preamble, by striking out
after the word homes" all to the word want," inclusive.
Which was rejected.
The Preamble and Resolution, as amended, were ordered to be
engrossed for a third reading on to-morrow.
The Preamble and Resolution offered on yesterday by Mr.
Cooper, asking an appropriation by Congress for clearing out the
obstructions in the Suwannee River, were read a second time, and
ordered to be engrossed for a third reading on to-morrow.
A bill entitled, An Act concerning Executions, was read a second
time, and referred to the Committee on the Judiciary, and fifty co-
pies ordered to be printed.














A bill entitled, An Act in addition to the acts regulating Judicial
Proceedings, was read a second time, and referred to the Commit-
tee on the Judiciary, and fifty copies ordered to be printed.
The Resolution offered by Mr. Pelot, in relation to Stationery for
the use of the Senate Chamber, &c., was read a second time.
Mr. Livingston offered the following as a substitute :
Resolved, That the Secretary of the Senate furnish the members
of this House with such Stationery as they may require, and keep
an account of the same.
Mr. Yonge offered the following as a substitute for the substitute:
Resolved, That each member of the Senate purchase such Station-
ery as he may require for his use in the Senate Chamber and for his
room, and, at the end of the session, certify to the correctness of
the said account.
The question of reception was taken on Mr. Yonge's substitute
for the substitute offered by Mr. Livingston, and rejected, and the
question recurred on the reception of the substitute offered by Mr.
Livingston for the the original resolution, on which the yeas and
nays were called for by Messrs. Livingston and Cooper, and were :
YEAs-Mr. President, Messrs. Livingston, Long, Ramsay, Wal-.
ker, Yonge-6.
NAYs-Messrs. Cooper, Hart, Haughton, Pelot, Smith-5.
So the substitute offered by Mr. Livingston was received, and on
the question of its passage the same was rejected.
And on motion of Mr. Pelot the Senate adjourned until to-morrow,
12 o'clock.

THURSDAY, January 18th, 1844.
The Senate met pursuant to adjournment. A quorum of mem-
bers being present, the journal of yesterday was read and approved.
Mr. Yonge gave notice that, on a future day lie will introduce a
bill to be entitled, An Act in addition to, and amendatory of the
several acts in relation to Divorce ;
Also, an act in relation to Ferries.
Mr. Haughton, in pursuance of notice given on yesterday, asked
and obtained leave to introduce a bill, entitled, An Act for the relief
of Reuben Scott;
Which was read.
Mr. Walker presented the petition of Susan Dozier, of Leon
County, praying to be divorced from her husband, Benjamin Do-
zier :
Which was read, and referred to the Select Committee created
on the petition of James Long, on the same subject.
ORDERS OF THE DAY.
The Preamble and Resolutions offered by Mr. Long in relation
to the removal of the seat of the Territorial Government, were
taken up and read a second time.











46
Mr. Long moved to fill the blank with the word Marianna.
Mr. Pelot moved a reference of the Preamble and Resolutions
to the Committee on the State of the Territory.
Mr. Hart moved that the Senate go into Committee of the Whole
on the said Preamble and Resolutions. Whereupon the Senate
resolved itself into a Committee of the Whole, Mr. Yonge in the
Chair, and after some time spent therein, the Committee rose, and
Mr. Yonge reported the Preamble and Resolutions without amend-
ment.
Mr. Long renewed his motion to fill the blank with the word
Marianna. Which motion failed.
Mr. Pelot moved their reference to the Committee on the State
of the Territory, but after some conversation, withdrew his motion.
On a motion of Mr. Yonge to lay the whole subject on the table,
Mr. Walker moved to amend by adding, until the fourth Monday
of June next," which motion to amend was ruled out of order, and
the said Preamble and Resolutions were laid on the table, on Mr.
Yonge's motion.
The Preamble and Joint Resolution offered on yesterday by Mr.
Pelot, in relation to the revision of the Territorial laws, were read
a second time, and ordered to be engrossed for a third reading to-
morrow.
The Resolution offered by Mr. Cooper, on yesterday, appointing
a regular hour for the meeting of the Senate, was read a second
time and passed, in the following words :
Resolved, That the regular hour for meeting of the Senate, be at
11 o'clock, A. MVI.
The Joint Resolution from the House of Representatives, in rela-
tion to compensation to certain officers of the last Session of the
Legislative Council, was read a third time, and on motion of Mr.
Pelot, was recommitted to a Committee of the Whole, Mr. Yongc
in the Chair.
After some time spent therein, the Committee of the Whole rose,
and Mr. Yonge reported the resolution with the following amend-
ment :
After the words, Hugh Archer, Secretary of the House," insert,
" and other officers of the Senate and House of Representatives."
Which was adopted, and the resolution, as amended, ordered for
a third reading to-morrow.
A bill entitled, An Act to re-organize Wakulla County, was re-
ceived from the House of Representatives, and read the first time.
A Joint Resolution from the House of Representatives, in rela-
tion to the Census Returns, was read the first time.
A Joint Resolution from the House of Representatives, relating
to Roads in Nassau County, was read the first time.
On motion the Senate adjourned until 11 o'clock to-morrow
morning, being hereafter the regular morning hour for the meeting
of the Senate.














FRIDAY, January 19th, 1844.
The Senate met pursuant to adjournment. A quorum of mem-
bers being present, the Journal of yesterday was read.
Mr. Smith moved to amend the Journal. The bill introduced by
him to enable the Union Bank of Florida and others more readily
to collect their debts, had its second reading on yesterday, and
was referred to a Select Committee, and fifty copies ordered to be
printed. This fact did not appear on the proceedings of yesterday.
The Journal was accordingly amended.
Mr. Pelot also moved to amend the Journal. The motion which
he made to refer the Preamble and Resolutions of Mr. Long, in re-
lation to the removal of the seat of the Territorial Government, to
the Committee on the State of the Territory, was lost. This fact
does not appear on the Journal. And the motion made, after
coming out of Committee of the Whole, was for their reference to a
Select Committee, instead of the Committee on the State of the Ter-
ritory. Which corrections were made, and the Journal was then
approved.
Mr. Haughton gives notice that he will, at a future day, ask
leave to introduce a bill entitled, An Act to change the time of
holding the Superior Courts in Leon and Gadsden Counties.
Mr. Hart presented the following Preamble and Resolutions,
which were read :
WHEREAS, present indications admonish us, in the most signifi-
cant manner, of the necessity of preserving a just balance of power
or influence between the slaveholding and non-slaveholding States,
and make it most manifest that the true interest of the South gene-
rally, as well as of Florida, require that the Floridas should come
into the Union as two States, whenever they are admitted ; and to
that end, as well as for convenience, better government and general
welfare of the people of this Territory in the meantime, the division
of the Territory, and the establishment of two separate Territorial
Governments, would be highly proper and satisfactory to the peo-
ple :
It seems to be suggested by its practicability and expediency,
and because it is strongly promotive of Southern policy and tends
to our own political good. Each of the Territories are much larger
than several of the States, and each capable of receiving and sus-
taining a much larger population. The present union appears to
be unnatural, and their geographical position will present a State of
a most awkward shape, creating a controversy and confliction of
interests which will forever destroy that harmony so essential to
the prosperity of a political body. This seems to have been the
view taken of the Floridas by every other government which has
had dominion over them.
Originally, as Spanish Provinces, they were separately governed
and were independent of each other. In this way they were ceded
by Spain to Great Britain in 1763. They continued separate Pro-














vines under that Government and when they were re-ceded by
Great Britain to Spain in 1783, no change was made.
By the Treaty of Cession in 1819, between Spain and the Uni-
ted States, they were ceded to the latter as separate Territories,
known as East and West Florida. The Government of the United
States seems to have regarded them in this light; for, immediately
after their cession, although Gen. Jackson, clothed with the author-
ity of Captain General of Cuba, was appointed to govern them;
yet two separate officers, denomingted'Lieutenant Governors, were
appointed to each of these Provinces, and their present union was
originally a measure only of temporary convenience.
It is most manifest that the Treaty does not contemplate the ad-
mission of the Floridas as one State, but in language that cannot be'
misunderstood, it secures to the inhabitants of each of these Terri-
tories the right of admission' as separate States, as soon as shall be
be consistent with the principles of the Federal Constitution.
Therefore, be it resolved by the Governor and the Legislative
Council of the Territory of Florida, That our Delegate in Con-
gress do urge, and use his utmost exertion to procure the passage
of a law dividing the Territory of Florida, and establishing two
separate Territorial Governments, to be called respectively East'
Florida and West Florida-commencing on the Gulf of Mexico at
the mouth of the Suwannee River, and running up the main branch
of said River to the Georgia line ; and all east of said River to con-
stitute the Territory of East Florda, and all west of said River to
constitute the Territory of West Florida.
And be it further resolved, That after this preamble and resolu-'
tions shall have passed the Senate and House of Representatives,
and have been signed by the Governor, copies of the same be made
and duly authenticated by the proper officers, and one copy be sent
to our Delegate in Congress, one to the President of the United
States, one to the President of the Senate, and one to the Speaker
of the House of Representatives of the Congress of the United
States.,
ORDERS OF THE DAY.
A Resolution from the House of Representatives, in relation to
compensation of certain officers of the last Legislative Council,
which had been amended in Committee of the Whole, was read a
third time and passed.
A bill for the'relief of Reuben Scott was read a second time,
and referred to a Select Committee, consisting of Messrs. Haugh-
ton, Livingston and'Hart.
The engrossed Preamble and Resolution, respecting Judge Mar-'
vin's Code, were read a third time and passed, and Messrs. Pelot
and Smith' appointed the Committee on the part of the Senate.
The Joint Resolution from the House of Representatives, relating'
to the Census Returns, were read a second time, and referred to-
the Committee on the State of the Territory.
The Joint Resolutions from the House of Representatives, re-









lasting to Roads in Nassau County, were read the second time, and
ordered to a third reading on to-morrow.
A Message was received from his Excellency the Governor as
follows :
EXECUTIVE OFFICE,
Tallahassee, January 18th, 1844.
To the President of the Senate:
SIR :-In compliance with a resolution of the Senate, adopted
on the 12th instant, I herewith enclose a copy of the correspon-
dence between the Secretary of the Territory and the Treasury
Department of the United States, relative to the accounts for Sta-
tionery furnished during the last session of the Legislative Council.
With the Governor of the Territory there has been no correspon-
dence on that sub!ect.
(Signed) R. K. CALL.
Which was read with the documents accompanying, and laid on
the table.
Mr. Livingston moved that the Senate do now adjourn until
Monday next.
Messrs. Pelot and Cooper called for the yeas and nays, which
were ordered, and were :
YEAS-Mr. President, Messrs. Hart, Haughton, Livingston,
Long, Ramsay, Smith, Yonge-8.
NAYs-Messrs. Cooper and Pelot-2.
So the Senate adjourned until Monday next.




MONDAY, January 22d, 1844.
The Senate met pursuant to adjournment, and a quorum being
present, the journal of Friday was read and approved.
Mr. Hart, in pursuance to notice given, obtained leave and intro-
duced a bill entitled, An Act to change the name of. Sarah Ann
Vandergriff.
Which was read.
Mr. Yonge, in accordance to notice given, obtained leave to in-
troduce a bill entitled, An act in addition to, and amendatory of the
several acts in relation to divorce.
Which was read.
Mr. Baltzell gave notice, that he will at-ajuture time, introduce
bill to amend'the law in relation to slaves, free negroes and mulat-
toes. Also to amend the law in relation to Chancery Proceedings.
Mr. Walker, of Middle Florida, gave notice, that he would on a
future day, ask leave to introduce a bill to be entitled, An Act reg-
ulating appeals and writs of error, to the Court of Appeals in Crim-
inal cases.














The following preambles and resolutions were severally offered
and read:
By Mr. Yonge-
Resolved, That the Secretary of the Territory be requested to
furnish the Senate with the estimate made by the Governor of Flo-
rida and himself, for the expenses of the Legislative Council during
the present session.
By Mr. Walker-
WHEREAS, The sum estimated to defray the contingent expenses
of the Legislative Council, is only $1,200 : And whereas, the
resolution heretofore passed by the Senate, directing eight copies
of three newspapers to be furnished weekly to each member of the
Senate, will cause the contingent expenses to exceed the appropri-
ation :
Be it therefore Resolved, That said resolution be, and the same is
hereby repealed.
By Mr. Baltzell-
Resolved by the Senate and House of Representatives of the Ter-
ritory of Florida, That the Committee on Public Accounts make a
contract for the printing of the Senate, on the most favorable terms
the same can be had.
Resolved, That said Committee report to the Senate the terms
on which copies of the Journal and Laws, during the present ses-
sion, can be distributed to the Clerks of the County and Superior
Courts, to Justices of the Peace of each County in the Territory, to
be carefully kept by them for the public use.
Resolved, That said Committee be instructed to enquire into the
best means of distributing the Journals, and whether the mode now
in operation answers the end for which it was designed.
Resolved, That said Committee enquire into the best means of
reducing the expense of printing as far as possible, at the present
session, so that the same may be done with a due regard to the
public interest.
Resolved, That said Committee report to the House, the appro-
priation made by Congress for the expenses of this Government,
and to what purposes it is directed to be applied; and, also, to re-
commend such course in reference to said expenditure as they may
deem right and proper.
By Mr. Baltzell-,
Resolved by the Legislative Council of the Territory of Florida,
That the Governori'ofthe Territory be requested to inform the Sen-
ate what action, if any,'has been had 6n a resolution of the Legis-
lative Council, at its last session, directing the Secretary of the
Territory to collect together, and keep in appropriate places, the
books and pamphlets belonging to the Territoiy, and have them
properly bound.
That the Governor be requested to have furnished an appropriate














list of the books belonging to the Territory in the Secretary's of-
fice, and from whom obtained.
That he be further requested to inform the Council, whether the
courtesy extended to the Territory by the United States, or the
States of the Union, has been met in an accompanying spirit; and
whether copies of laws have been forwarded in return for those
received; and whether action in this respect is or is not desirable
or advisable, on the part of the Legislative Council.
By Mr. Baltzell-
Resolved by the Senate and House of Representatives of the Terri-
tory of Florida, That the Governor of the Territory be, and he is here-
by, requested to furnish to the Senate all the information in his office
or which he can procure, in reference to the location of the two
townships of land authorized to be reserved by act of Congress for
a Seminary of Learning in this Territory; whether the same has
been selected or not, and how much ; what contract was made for
said selection; and whether any further action remains to be had
in reference thereto.
By Mr. Baltzell-
Resolved by the Senate and House of Representatives of the Ter-
ritory of Florida, That the Judiciary Committee be instructed to
enquire at as early a period as practicable, into the deficiency, if
any, of the present judiciary system of Florida-how far the same
is and has been acceptable to the people-whether suits have been
tried and despatched in a satisfactory and proper manner-whether
justice has been at all times attainable in the different districts, or
denied or delayed, and if so, in what respect, and whether injury
-has ensued, and to what extent from each refusal, denial and delay.
Resolved, That they be instructed to enquire whether a system
more acceptable to the people, rendering the attainment of justice
more certain and its administration more satisfactory, may not be
devised.
Resolved, That said Committee be authorized to send for books
and papers, and examine witnesses.
By Mr. Walker-
Resolved, That the Sergeant-at-Arms furnish such Stationery as
may be required by the Secretary of the Senate, for the use of the
Senate Chamber, and such Stationery as may be required for the
use of the members.
Be it further Resolved, That the Sergeant-at-Arms keep an ac-
count of the Stationery furnished to each member, and that each
member at the close of the session shall return to the Secretary of
the Senate all articles received as Stationery, and not consumed ;
and that each member of the Senate certify the correctness of his
account, before it shall be allowed.
A Joint Resolution from the House of Representatives in relation'
to roads in Nassau County, was read a third time and passed.
The preamble and resolutions in relation to a division of the














Territory of Florida into two separate Territories, were laid on the
table on motion of Mr. Hart.
An engrossed bill from the House of Representatives entitled, An
Act to alter and change the name of Hernando County, was receiv-
ed and read the first time.
A communication from his Excellency, the Governor, making
certain nominations, was received, and on motion of Mr. Pelot, the
doors of the Senate Chamber were closed and the Senate went into
secret session, and after some time spent therein, the doors were
opened.
On motion, the Senate adjourned until to-morrow.



TUESDAY, January 23d, 1844.
The Senate met pursuant to adjournment, a quorum of members
answering on a call of the roll. The Journal of yesterday was read
and approved.
Mr. Walker gave notice that he would on a future day, intro-
duce a bill to be entitled An Act to provide for the more effectual
punishment of Trespass.
Mr. Baltzell, in accordance to notice heretofore given, asked for
and obtained leave to introduce a bill entitled An Act to amend the
law on the subject of Chancery Proceedings.
Which was read the first time.
Mr. Yonge, agreeably to notice heretofore given, obtained leave
to introduce a bill entitled An Act for the protection of the rights of
Females. Which was read the first time.
Sundry communications were received from his Excellency, the
Governor, and from the House of Representatives, which were, on
motion, placed among the orders of the day.
Mr. Baltzell moved that a bill entitled An Act for the Election of
certain Officers, which had been laid on the table a day or two
ago, be taken from the table and placed amongst the orders of the
day. Also, a Resolution, asking for a Joint Select Committee of
each House of the Legislative Council, to consider and devise the
best ways and means of discharging the indebtedness of the Terri-
tory, &c., which was laid on the table, be taken therefrom and
placed amongst the orders of the day.
Mr. Baltzell moved that An Act to amend an act entitled an act
to organize Wakulla County be taken from the table and placed
among the orders of the day.
Mr. Haughton presented the petition of James G. Landon and
others, praying to be released from a Judgment obtained against
them in the Superior Court of Duval County on a forfeited recog-
nizance. Which was read.
Mr. Livingston presented the following Preamble and Resolu-
tions :-














WHEREAS, Failures are continually occurring in the arrival of
the mail, carried on the present route from Tallahassee to Washing-
ton City, (owing to high water and other causes):
AND WHEREAS, it is of the utmost importance to the interests of
the people of Florida, that they should be supplied with a regular
mail, conveying the earliest news possible:
AND WHEREAS, it is practicable and expedient to have a line of
four horse post coaches, running from Tallahassee to Jacksonville,
East Florida, twice a week and back, to connect with steamers
from Jacksonville to Charleston, S. C., by Savannah-which line
will connect Tallahassee with Charleston in four days :
AND WHEREAS, there are water.no courses or other obstacles to
prevent mails from arriving at their destination at a prescribed time:
Therefore be it resolved by the Governor and Legislative Council
of the Territory of Florida, That our Delegate in Congress be re-
quested to urge upon Congress the propriety of establishing a mail
route from Tallahassee to Jacksonville direct, to be carried in four
horse post coaches, twice a week and back, to connect with steam-
ers from Jacksonville by Savannah to Charleston, S. C.
Resolved further, That copies of the above resolution be sent to
our Delegate in Congress, and to the Post Master General.
Which was read first time and referred to a Select Committee,
consisting of Messrs. Livingston, Baltzell and Pelot.
Mr. Walker, of Middle Florida, offered the following Resolution,
which was read:
Resolved by the Senate and House of Representatives of the Leg-
islative Council (f Florida, That the Legislative Council will ad-
journ sine die, on Monday, the 22d day of February next.
Mr. Cooper presented the following Preamble and Resolutions,
which were read:
WHEREAS, many portions of the law, now in force are defective
and require amendment :
AND WHEREAS, the Hon. William Marvin has revised the same,
and the chapters of the Revised Statutes are now in charge of the
Secretary of Florida:
AND WHEREAS, a Joint Committee from both Houses was appoin-
ted last year to take into consideration the said Revised Statutes :
Be it therefore resolved by the Legislative Council, That a Joint
Committee from each House be appointed to take into considera-
tion the Revised Statutes of the Hon. William Marvin.
And be it further resolved, That the Secretary of the Territory
be required to furnish said Committee with the Revised Statutes,
deposited with him by the Legislative Council at the close of their
last session.
Mr. Baltzell offered the following Resolution:
Be it resolved by the Senate and House of Representatives of the
Legislative Council of Florida, That they will proceed, on the -
day of-- next, to the election of Auditor and Treasurer of the













Territory of Floiida and Justices of the Peace, by joint vote of both
Houses.
Mr. Baltzell presented the following Resolutions, which were
read:
Be it resolved, That the Governor of the Territory be requested
to cause to be prepared and communicated to the Senate as early
as practicable, the amount of the debts due by the Territorial Gov-
ernment, stating to whom due, and how and when contracted.
Resolved, That said statement embrace the amount of expenses
of said Government for each year for five years past, and also the
property from which revenue has been derived, and the sources
from which derived.
Resolved, That he be further requested to state the amount of
taxes paid for ten years past, by the different counties in the Ter-
ritory, and the amounts disbursed during said period for and on ac-
count of the said counties by the Territorial Treasury.
Mr. Baltzell offered the following Resolutions, which were read :
Be it Resolved by the Senate and House of Representatives of the
Territory of Florida, That the attention of our Delegate in Con-
gress be, and it is hereby earnestly requested, to the resolution
unanimously adopted by the Legislative Council, at its last ses-
sion, requesting Congress to extend to the people of Florida the
inestimable privilege of electing their own officers.
2. Resolved, That the Legislative Council do most cordially
concur in the sentiments expressed in the annual message of his
Excellency the Governor, in reference to this subject.
3. Resolved, That experience, and a patient endurance by the
people of Florida for twenty years past, has conclusively satisfied
them that their present system of government is wholly unsuited to
them, having failed in every purpose of good government, and se-
curing neither their confidence, sympathy nor regard.
4. Resolved, That the people of Florida have been, and are now,
denied the election and appointment of their Governor, Judges,
District Attorneys, Marshals, Secretary of State, and Brigadier
General, these important officers being appointed by the President
of the United States, a stranger to them, their laws, institutions,
modes of thinking, habits and wants, and whose duties of higher
and more important character, necessarily prevent him from giving
the requisite attention to the business of the people of Florida.
5. Resolved, That in the spirit of Republican institutions, to the
people, and to them alone, should be confided not only the making,
but the adjudication and execution of their laws by officers of their
own selection, and that such offices of right belong to them with
as much propriety as the products of their soil.
6. Resolved, That a system which denies such right, allowing
the appointment of non-residents, having no interest in common
with the people, is anti-republican and arbitrary, tending to defeat












55

the end desired, as well as to produce opposition, discord and dis-
affection with the Government itself.
7. Resolved, That appointments by the President have been
mostly influenced by persons in the Territory, as no officer filling
that high station has held in entire disregard the wishes of all the
people, and by a few abroad, unknown to the people ;-that as a
consequence, officers to whom by law have been confided the
lives, liberty, fortunes, property and reputation of the people, have
been often appointed through an influence secretly exerted, without
the consent or knowledge of the people, and above all, without the
responsibility which properly ought to attach to such a position.
8. Resolved, That by such course, and as a consequence of such
a system, a petty oligarchy is necessarily created, whose interests
are adverse to those of the people, and whose objects and aim will
be to engross the important offices, and perpetuate an odious sys-
tem for the benefit of themselves, their families and favorites.
9. Resolved, That a government constituted as ours is, with per-
mission to the people to make laws in a limited degree only, but
denying the right to adjudicate and execute them, evinces on the
part of Government an unwholesome and unwise distrust of Repub-
can institutions, and in practice is most inefficient, for want of the
harmony and sympathy properly observable between the different
departments, so essential to good government. 0
10. Resolved, That the Constitution of the United States guarantees
to the States a Republican form of Government, an injunction
equally obligatory in spirit to forms and modes of government in-
stituted by Congress, as to their action in the States themselves.
11. Resolved, That copies of these Resolutions, on being adopt-
ed by both Houses, and signed by the President of the Senate and
Speaker of the House, be forwarded to the Delegate of the Terri-
lory, with a request to present them to the Senate and House of
Representatives in Congress, and to the President of the United
States; and that copies also be forwarded to the Governors of the
States and Territories, to be laid before their respective 'Legisla-
tures.
Mr. Long, from the Select Committee on that subject, made the
following
REPORT:
The Committee to whom was referred the petition of Willis
Watson, praying the right of establishing a Ferry across Chipola
River, in Jackson County, have had the same under consideration,
and report a bill, and ask to be discharged from the further consid-
eration of the matter.
Which was granted, and the bill read the first time and placed
among the orders of the day.
A communication was received from his Excellency the Gover-
nor, making nomination of certain officers for Duval County.



















Mr. Hart moved that the Senate go into secret session on the
said communication. Which was lost.
Mr. Hart then moved that the Senate do now act on the said
nomination ; which was ruled out of order, and the communication
was laid on the table.
The following communication from his Excellency, the Gover-
nor, was read and laid on the table:
EXECUTIVE OFFICE, )
Tallahassee, 23rd Jan. 1844.
Gentlemen of the Senate
and House of Representatives:
I have the satisfaction to inform the 'Legislative Council, that I
have received from the President of the Union Bank of Florida,
twenty-seven Bonds of the Territory, for one thousand dollars each,
which were issued to that institution, under the provisions of its
charter. These Bonds having been redeemed by the Bank, and
returned to the Executive, have this day been cancelled in confor-
mity with the law, on that subject.
R. K. CALL.
An Act for the relief of Sarah Ross, with the accompanying
documents, was received from the House of Representatives, and
read the firs time.
A communication was received from the House of Representa-
tives, announcing to the Senate that the House of Representatives
had concurred in the amendment made by the Senate to a resolu-
tion, asking the Delegate in Congress to present the memorial of
certain officers of the last Legislative Council, praying for an in-
crease of compensation, &c.
A bill entitled, An Act to admit Mariano D. Papy to practice law
in the several Courts of this Territory, was received from the
House of Representatives, and read the first time.
The Preamble and Resolutions respecting Marvin's code, which
passed the Senate, and was sent to the House of Representatives.
for concurrence, was approved and returned to the Senate without
amendment.
A communication was received from John G. Gamble, President
of the Union Bank of Florida, transmitting the memorial, of a com-
mittee of the Stockholders.














UI %zo BANK OF FLORIDA.
January 22d, 1844.
SmI: I have the honor to hand herewith the Memorial of a Com-
mittee appointed by the Stockholders of the Union Bank of Florida,
with a request that you will be pleased to present it to that branch of
the Honorable the Legislative Council of -Florida, over whose delib-
erations you preside.
With great respect,
Your obedient servant,
JOHN G. GAMBLE,
S'President.
The Hon. the President of the Senate of Florida.

MEMORIAL.
To the Hon. the Legislative Council of the Territory of Florida:
The memorial of the undersigned committee, appointed bp the Stock-
holders of the Union Bank of Florida, in general meeting, respect-
fully represent :
That said committee are instructed to explain to your honorable
body, the reasons which, in the opinion of the Stockholders, forbade
their acceptance of an act of the last Legislative Council, entitled An
Act to suspend the exercise of banking powers by the Union Bank of
Florida; to provide for the payment of the Territorial Bonds, issued
to said Bank, out of its assets, and the mortgaged proper of the stock-
lholders--for the liquidation and settlement of the affairs of said Bank,
and for the amendment of the Charter thereof," which Act was. ap-
proved on the 15th March, 1843.
In the discharge of that duty, the Committee pray leave, respect-,
fully to say, that a then recent judicial construction of the meaning
of a clause in its original charter, threatens consequences so ruinous
to the Bank, as to forbid acceptance of, or action under any law
which can admit of doubt as to its meaning; and in the opinion of
the Stockholders, the act referred to, contains sections of doubtful
meaning, and provisions repugnant to each other.
Those defects must be attributed to the circumstances under which
the act was passed. It was on the last day of the session of the Le-
gislative Council, under a pressure of business which prevented ma-
ture consideration of the effects produced by the striking out of some,
and alteration of other parts of the bill.
By the 4th section of the act, the Bank may, or may not, forfeit the
stock of a defaulting Stockholder ; and if a forfeiture be declared,
the Bank must institute suit against such Stockholder, "as, well for
the amount of his stock note, or stock debt, as for the interest due
thereon." A question here arises whether the act considers the
stock note and the stock bond, as one, and the same; or whether by
the stock debt," the stock b6nd is meant. The concluding part of
the 5th section favors the latter idea ; for it says, Credits on the
.8














execution, mortgage, or stock debt, shall be given to the amount of
the Territorial Bonds cancelled."
It may be proper here to state, for explanation, that each stock-
holder executes a bond, and mortgage for the amount of his Bank
Stock, which is intended to sec re payment of the bonds of the Ter-
ritory, which were issued to enable the Bank to raise its monied
capital. His stock note is his obligation given to repay any money
which a stockholder may borrow on a pledge of his bank stock ; and
this stock note cannot exceed two-thirds of the amount of his bank
stock.
The act leaves room to doubt whether, notwithstanding t e forfeit-
ure and sale of his property, the defaulter would not retain some of
the rights of a stockholder ; for it says, The stockholder, having his
property sold as aforesaid, shall not be entitled to any further loan up-
on his stock;" but if that be the only privilege of which the defaulter
is to be divested by the forfeiture, he might claim the right to vote
in meetings ofstockholders. Such cannot be supposed to have been
the intention of the Legislature ; but in a law affecting the charter
of a monied institution, there should be nothing of doubtful meaning.
There are obviously two mistakes in the 5th section. It twice re-
fers to provisions, as contained in the 5th section, which are not in
it. One of the references was probably intended for the 4th, and the
other for the 7th section.
Sections 6, 7, 8, 9 and 10, have all reference to the 4th section.
They direct how sales of property shall be made-what shall be re-
ceived in payment-how the proceeds shall be appropriated-and
how liens upon mortgaged property, which may be sold, shall be re-
leased.
Section 7 authorizes payment for mortgaged property to be made
in Territorial Bonds, or in gold and silver, or par funds, at rates to
be declared by the Directors-and the Pres dent of the Bank is direc-
ted to invest the gold, silver, and par funds, which may be received,
in Territorial Bonds ; which bonds are to be delivered to the Gover-
nor to be cancelled, &c.
Section 4 says that the purchaser of such mortgaged property
shall hold the same, fully, and entirely released from all lien created
thereon by reason of such mortgage," while section 6 says, that the
lien created by said mortgage, shall in no case be released, until the
Territorial Bonds for which such property is mortgaged, shall be can-
celled by the proper officer." And the 7th section says: "The
mortgage lien shall not be divested, until' the gold, silver, or par
funds, are invested in bond& to the amount aforesaid, and the same
placed in the hands of the proper officer to be cancelled."
These provisions of the act declare that the Board of Directors
shall not be trusted, even to the extent to which the laws of the
Territory trust every Marshal, Sheriff, and Constable ; and yet
they require that they shall be trusted to the greatest possible ex-
tent, by the purchasers of the property which the act directs to be














sold under execution. In all other cases, the purchaser of proper-
tv sold under execution, receives title therefore from the Marshal,
Sheriff, or Constable, who makes the sale, upon payment of the
purchase money ; but the purchaser under this act, will not be. as-
sured of his title by the payment of his money. The Marshal may
fail to pay over the money to the Bank. The President may not
immediately be able to invest the gold, silver, or par funds, in Ter-
ritorial bonds-or the officers of the Batk may abuse their trust,
and make other disposition of the purchase money, than that en-
joined by the act. Can it be expected that any purchaser will pay
his money, and trust to so many contingencies for his title ?
Entettainin_ these views of the act, the Stockholders of the
Union Bank of Florida were constrained to decline accepting it as
an .amendment of their Charter ; and they instructed the under-
signed respectfully to ask of this Legislative Council an amendment
of the Charter, which will enable the Bank to compel its own
Stockholders to comply with their engagements, and facilitate the
liquidation of its debts.
For the better understanding of what is asked by the Stock-
holders, and is required by the interests of the Territory, and of
her bondholders, the Committee pray leave to describe briefly the
remedy which the Bank possessed originally, and that which it
now has, against its defaulting Stockholders.
* The remedy under the original Charter, was'hy suit upon the
Stock Note; which suit the defaulter could get rid of, by payment
of the arn ears of interest due by him ; leaving the Bank to pay its
attorneys'fees and commissions. This remedy was found tobe so inju-
rious to the Bank, that it obtained an arenpdment of its Charter, at
the session of the Legislative Council in 1838-'9; by which the
shares of the defaulting Stockholder were to be forfeited, and to
be sold at auction to the highest bidder-ihe purchaser to secure
the same by mortgage of property, and to be then entitled to the
privileges of an original Stockholder. The Bank can then sue the
defaulter for the amount of his Stock Note, and the interest which
may be due thereon.
This last remedy was efficacious, until the increasing embar-
rassments of the Bank created a desire in many St )ckholders to
retire from connection with it. Forfeited shares could not then
find purchasers, while [parties desiring to leave the Bank, would
willingly have their shares forfeited, if by paying their Stock Notes
in its depreciated liabilities, they could release their property from
the mortgage lien. Under this state of things, the Bank ceased to
act under the amended Charter, except in cases where the securi-
ties held by it were evidently insufficient to pay the amount of
Stock, and other debts. The remnedy, therefore, has ceased to be
resorted to, except in cases of known insolvency. To apply it in
other cases now, will be to deprive the holders of Territorial bonds
of one-third of the security which they now have.












What is now asked at the hands of the Legislative Council, is
such an amendment of the Charter of the Bank, as will enable it
to compel a defaulting stockholder to pay the amount of his bond
and mortgage, which were given to secure the Territory for the
bonds issued to the Bank. Without such an amendment, great loss
will accrue to the Territory and her bondholders and the Bank,
in its efforts to compel defaulters to pay their interest. With the
amendment now asked, the Bank will be able to call in its out-
standing liabilities with rapidity and certainty ; and until those de-
preciated liabilities shall have been taken in, the Bank will not
receive payment of interest, or of principal debt due to it, in any-
thing-which can avail in paying either the interest or principal of
the Territorial bonds.
The amendment which is now asked, is one which will authorize
the foreclosure of the mortgage of the defaulting stockholder. The re-
medy will act coercively upon stockholders alone, and will in no
way affect any other portion of the community. Seeing then, that
it is asked solely for the purpose of compelling'defaiulters to do
justice to the Territory, to the holders of her bonds, and to their
copartners in the BaAk, the Committee indulge the sanguine hope
that it will not be refused by the honorable the Legislative Council:
and they pray leave, herewith, to present a draft of such a law as
the Stockholders think will effect the desired object. Its first sec-
tion is couched in the very words of a section which was submitted
to, and approved by the Stockholders in general meeting.
All of which is respectfully submitted to your honorable body.
JOHN G. GAMBLE,
CH'S H. DUPONT,
BENJ. F. W[IITNER,
E. C. CABELL,
Committee of Stockholders, Union Bank of Florida.

BILL ACCOMPANYING THE MEMORIAL.
An Act to amend an act entitled, An Act to incorporate the subscri-
bers to the Union Bank of Florida.
SECTION 1. Be it enacted by the Gorernor and Legislatirr
Council of the Territory of Florida, That upon failure by a stock-
holder in said Bank, for the space of months, to pay up his
stock note, or to renew the same, and pay the interest thereon for
the time to which it may be renewed, the Board of Directors may
declare the shares of said defaulting stockholder forfeit, and may at
once proceed to foreclose the mortgage which was given by the'de-
faulting party to secure his said shares of stock, and the judgment of
the Court, upon such foreclosure, shall be for the amount of the stock
bond, payment whereof is secured by said mortgage, with the addi-
'tion thereto of the interest which may have accrued, and be then duo
Ppon the stock note of the defendant.















SEC. 2. Be it further- enacted, That for property which may be
sold under judgments obtained by virtue of the provisions of this
act, payment shall be received only in the bonds of the Territory of
Florida, which were issued to said Union Hank of Florida, for the
purpose of raising its capital, or in gold, silver, or par funds : Provi-
ded, however, That if such sale be made for bonds, as aforesaid, the
sale shall not be made, unless there be bid, and paid, for each piece
of property so sold, a sum equal to that for which said property is
mortgaged ; and if the sale be for gold, silver or par ihnds, it shall
not be made unless there be bid, and paid, for each piece of property
so sold, a sum sufficient to purchase an amount of said Territorial
Bonds equal to that for which said property is mortgaged : and the
value of such bonds, on the respective days of sale, shall be adjudged
by the Directors of said Bank, and shall be announced by the officer
before the sale ; and in the event of the sale being made fobr Terri-
torial Bonds, the nett proceeds shall be credited on the execution, and
if the proceeds of sale be in gold, silver, or par funds, the credit upon
the execution shall be for the value thereof in Territorial Bonds
aforesaid, as may have been previously adjudged by the Board of Di.
rectors, and as proclaimed by the officer conducting the sale ; and it
shall be the duty of the said officer to advertise the property levied
upon, for the space of sixty days before the day of sale ; and such ad.
vertisement shall state that the sale will be made for Territorial
Bonds or specie funds only.
SEc. 3. Be it further enacted, That the gold, silver and par funds,
which it may receive in payment of the property which may be sold
under this act, shall be held by said Union Bank of Florida as a fund
to be invested by the President or Cashier of said Bank, in such bonds
of the Territory of Florida as were issued to enable it to raise its
capital ; and said investment shall be made as early as practicable,
and upon the best terms then attainable : and if any officer of said
Bank shall convert the funds so received, to any other purpose than
that of purchasing said bonds of the Territory, each officer, so offend-
ing, shall be liable to indictment, and on conviction, shall be fined in
a sum not less than the amount so misapplied, nor more than twice its
amount ; and such person shall thereafter be ineligible to any office
in said Bank.
SEc. 4. Be it further enacted, That the forfeiture of shares of
stock, authorized by the first section of this act, shall not operate to
divest the Bank of any lien which it may have had on the property
of the defaulting stockholder, (whether by virtue of the provisions of
the Charter, or by other contract,) but the same shall remain bound
for the security of any debt which he may owe the Bank, whether
as payer, endorser, or surety, until the same shall have been satisfied.
SEc. 5. Be it further enacted, That the said Union Bank of Flo-
rida, may, from time to time, reduce the number of shares in its capi-
tal stock, by cancelling the same : Provided, that there shall be pre-
viously delivered to the Governor of the Territory, for the purpose of















being cancelled, one hundred dollars of said bonds of the Territory,
for each share which may be cancelled.
Si:c. 6t. Be it fttrlher rierted, That this act shall take effect so
soo! a;s Ii- a written communication from the President of said Union
Bank oli Florida, the Governor of the Territory, shall have been ad-
vised' of its acceptance by the stockholders of said Bank, as an
amendidment of their Charter; which acceptance the Governor shall
announce by proclamation.

Which were read.
A bili to alter and change the name of Hernando county, from the
House ol Representatives, was read the second time, and referred
to the committee on thl state .f the Territory.
A bill entitled An Act in addition to, and amendatory of t he sev-
eral acts in relation to divorce, was read the second time, and re-
ferred to the committee on the Judiciary.
A bill entitled An Act to change the name of Sarah Ann Vander-
cliff, came up on its second reading, but on motion of Mr. Pelot,
was laid on the table.
A resolution offered by Mr. Yonge, was read a second time and
adopted, as follows:
Resolved, That the Secretary of the Territory be requested to
furnish the Senate with the estimate made by the Governor of Flo-
rida and himself, for the expenses of the Legislative Council during
the present session.
A Resolution introduced by Mr. Walker, repealing a resolution
passed by the Senate to furnish newspapers, &c., was read the
second the second time, and on motion of Mr. Pelot was laid on
the table.
A Resolution introduced by Mr. Baltzell, directing the Commit-
tee on Public Accounts, to make a contract for the printing of the
Senate, &c., was read the second time. Mr. Baltzell moved to
amend the second resolution in the third line-after the word
"distributed" insert the words in newspapers," on which amend-
ment a discussion arose, and before the question was taken, on the
motion of Mr. Pelot,
The Senate adjourned until to-morrow.


WEDNESDAY, January 24th, 1844.
The Senate met pursuant to adjournment. A quorum being
present, the journal of yesterday was read, corrected and approved.
Mr. Baltzell, agreeable to previous notice given, obtained leave
to introduce a bill entitled, An Act in relation to Slaves and Col-
ored Persons.
Which was read the first time, and placed among the orders of
the day.















Mr. Yonge gave notice that he will, on a future day, ask leav:e to
introduce a bill to authorize certain ollicers to rdmniirr ter oilths.
Mr. Haltzell gave notice that he will, at a future tinc, iltroduce
a bill in relation to Corporations.
Mr. Hart, from the Select Committee to which was referred the
petition of James Long, made a report, which lies on the table.
On motion of Mr. Yonge, twenty-five copies of the bill introduced
by him in relation to Divorces, was ordered to be printed.
ORDERS OF THE DAY.
The Resolutions of'Mr. Baltzell, which were under discussion
on yesterday when the Senate adjourned, c;am up ;
Mr. Walker moved to strike out the lirst Resuolution, which mo-
tion prevailed.
Mr. Baltzell moved to amend the second Resolution, by inserting
in the third line, after the word distributed," the words i il news-
papers," which motion was lost; and on the question of the adop-
tion of the second resolution, the same was rejected.
The third resolution was amended, and with the fourth and fifth
were adopted as follows :
Resolved by the Senate, That the Committee on Public Accounts
be instructed to inquire into the best means of distributing the
Journals, and whether the mode now in operation answers the
ends for which it was designed.
Resolved, That said Committee inquire into the best means of
reducing the expense of printing as far as possible, at the present
session, so that the same may be done with a due regard to the
public interest.
Resolved, That said Committee report to the Senate the appro-
priation made by Congress for the expenses of this Government,
and to what purposes it is directed to be applied ; and also to re-
.commend such course in reference to said expenditure, as they
may deem right and proper.
The Resolutions offered by Mr. Baltzell on Monday came up,
and were amended and adopted, as follows :
Resolved by the Senate of Florida, That the Secretary oft lie Ter-
ritory, be requested to inform the Senate what action, if any has
been had, on a resolution of the Legislative Council, at its last ses-
sion, directing the Secretary of the Territory to collect, and keep in
appropriate places, the books and pamphlets belonging to the Ter-
ritory, and have them properly bound.
That the Secretary be requested to have furnished an appropri-
ate list of the books belonging to the Territory in his office, and
from whom obtained.
That he be further requested to inform the Senate, whether the
courtesy extended to the Territory, by the United States, or the
States of the Union, in forwarding copies of their laws &c., has
been met in a corresponding spirit ; and whether action in this res-















pect is, or is not, desirable or advisable, on the part of the Legisla-
tive Council.
A communication was received from his Excellency the Gover-
nor, making certain nominations : also, a communication from the
House of Representatives, which were. respectively laid on the table.
On motion, the Senate adjourned until to-morrow.



THURSDAY, January 25th, 1844.
The Senate met pursuant to adjournment. A quorum being
present, the Journal of yesterday was read and approved.
Mr. Hart moved that the bill reported on yesterday by a Select
Committee, on the petition of James Long, which was laid on the
table, be taken up, and placed among the orders of the day. The
motion was granted.
Mr. Yonge, agreeable to notice heretofore given, obtained leave
to introduce a bill entitled, An Act in relation to administering
Oaths;
Which was read the first time, and placed among the orders of
the day.
Mr. Haughton, in pursuance to previous notice, asked and ob-
tained leave to introduce a bill entitled, An Act to change the
time of holding the Superior Courts in the Counties of Gadsden
and Leon;
Which was read the first time, and placed among the orders of
the day.
Mr. Baltzell, agreeably to previous notice given, obtained leave
to introduce a bill entitled, An Act in relation to Corporations;
Which was read the first time, and placed among the orders of
the day.
Mr. Hart presented the petition of Frances Dummett, praying to
be divorced from her husband Douglas Dummitt, late of St. Au-
gustine;
Which was read.
Mr. Smith offered the following resolution, which was read :
Resolved, That the regular hour for the meeting of the Senate
be hereafter at 10 o'clock in tle forenoon.
On motion of Mr. Smith the rule was waived, and the resolu-
tion was read the second time, and adopted.
Mr. Baltzell offered the following resolution, which was read:
Resolved, That the order of business of the Senate, unless other-
wise directed, shall be as follows, to wit : First, bills of a general cha-
racter, and public in their nature ; Secondly, resolutions of the
same kind ; Thirdly, private bills.
Mr. Hart, from the Select Committee tp which was referred the
petition of Susan Dozier, reported a bill entitled, An Act to di-
vorce Susan Dozier and Benjamin Dozier;










Which was on motion read the first time, and placed among the
orders of the day.
A communication from the House of Representatives was re-
ceived, and placed among the orders of the day.
Mr. Baltzell moved that the rule be waived,-not having had an
opportunity when motions wero in order, for the purpose of intro-
ducing a bill entitled, An Act to provide against a fraudulent and
depreciated currency. The rule was waived, and the bill intro-
duced and read the first time, and placed among the orders of the
day.
ORDERS OF THE DAY.
A resolution offered by Mr. Baltzell, was read the second time
and adopted as follows :
Resolved by the Senate of Florida, That the Governor of the
Territory be, and he is hereby, requested to furnish to the Senate
all the information in his office, or which he can procure, in refer-
ence to the location of the two townships of land authorized to be
reserved by act of Congress for a Seminary of Learning in this
Territory ; whether the same has been selected or not, and how
much ; what contract was made for said selection ; and whether
any further action remains to be had in reference thereto.
A resolution introduced by Mr. Baltzell was read the second time
and adopted, as follows :
Resolved by the Senate of the Territory of Florida, That the
Judiciary Committee be instructed to inquire at as early a period
as practicable, into the deficiency, if any, of the present judiciary
system of Florida-how far the same is and has been acceptable
to the people-whether suits have been tried and despatched in a
satisfactory and proper manner-whether justice has been at all
times attainable in the different districts, or denied or delayed,
and if so, in what respect, and whether injury has ensued, and to
what extent from each refusal, denial and delay.
Resolved, That they be instructed to inquire whether a system
more acceptable to the people, 'rendering the attainment of justice
more certain, and its administration more satisfactory, may not be
devised.
Resolved, That said Committee be authorized to send for books
and papers, and examine witnesses.
The following Resolutions, offered by Mr. Baltzell, came up on
their second reading, and were adopted as follows :
Be it resolved by the Senate of Florida, That the Governor of the
Territory be requested to cause to be prepared and communicated
to the Senate as early as practicable, the amount of the debts due
by the Territorial Government, stating to whom due, and how and
when contracted.
That said statement embrace the amount of expenses of said Gov-
ernment for each year for five years past, and also the property f om
9














which revenue has been derived, and the sources from' which de-
rived.
That he be further requested to state the amount of taxes paid for
ten years past, by the different counties in the Territory, and the
amounts disbursed during said period for and on account of the said
counties by the Territorial Treasury.
The Joint Preamble and Resolutions offered by Mr. Cooper, rela-
ting to the Revised Statutes of Judge Marvin, were read a second
time and ordered to be engrossed for a third reading on to-morrow.
A bill introduced by Mr. Baltzell, entitled, An Act to amend the
law on the subject of Chancery Proceedings, was read the second
time, and referred to the Committee on the Judiciary.
The resolutions introduced by Mr. Baltzell, calling the attention
of our Delegate in Congress to the resolutions unanimously adopted
by the Legislative Council at its last session, requesting Congress
to extend to the people of Florida, the inestimable privilege of elec-
ting their own officers, came up on their second reading ; but on
motion of Mr. Pelot, were laid on the table.
The Resolutions offered by Mr. Baltzell, to create a Joint Select
Committee of both Houses of the Legislative Council, to consider
and devise the best ways and means of discharging the indebted-
ness of the Territory, &c., were read the second time and ordered
to be engrossed for a third reading on to-morrow.
A bill introduced by Mr. Baltzell, entitled An Act for the election
of certain Officers, &c., was read the second time, and referred to
the committee on the Judiciary.
An act from the House of Representatives, entitled An Act to
amend an act to organize Wakulla County, was read the third time,
and on motion of Mr. Walker, was laid on the table.
The petition of James G. Landon and others, was read the sec-
ond time, and on motion of Mr. Pelot, was, with the papers accom-
panying it, referred to a select committee, with power to take evi-
dence, &c.
Messrs. Pelot, Hanghton and Hart, were appointed said com-
mittee.
The Resolution offered by Mr. Walker, fixing a day for the ad-
journment of the Legislative Council, sine die, was read the second
time, and on his motion, was laid on the table.
The joint Resolution introduced by Mr. Baltzell, to fix a day for
the election of certain officers of the Territory, by a Joint vote of
both Houses of the Legislative Council, was read the second time
and referred to the committee on the Judiciary.
A bill entitled An Act authorizing Willis Watson to establish a
Ferry across Chipola River in Jackson county, was read the second
time, and ordered to be engrossed for a third reading on to-morrow.
A bill entitled An Act for the protection of the rights of Females,
was read the second time, and referred to a Select Committe, and
fifty copies ordered to be printed.










Messrs. Yonge, Baltzell and Walker, were appointed said com-
mittee.
On motion of Mr. Hart, the Senate went into secret session on
the nominations of his Excellency the Governor, and after a short
time spent therein, the doors were opened, aid the resolutions in-
troduced by Mr. Walker on the subject of Stationery for the use of
the members of the Senate were read the second time, when
Mr. Pelot offered the following, as a substitute :
Resolved, That the Sergeant-at-Arms of the Senate be required
to furnish the Stationery requisite for the use of the Senate Cham-
ber, having respect to the strictest economy, in his purchases-and
that each member of the Senate be required to keep a minute of
each article purchased by himself, so as to certify to the Stationery
account at the close of the session-and that no account will be
admissible without such certificate.
Which was adopted.
Mr. Walker offered to amend the substitute, as follows :
And shall certify the correctness of the account, and that the
articlescharged in said account have been consumed, or returned
to the Secretary of the Senate.
Mr. Cooper offered to amend the amendment, as follows:
And that said articles be sold at public auction and placed to
the account of the General Government.
Whereupon, Mr. Walker called for the yeas and nays, seconded
bv Mr. Cooper, which were,
YEAs-Mr. Walker-1.
NAYS-Mr. President, Messrs. Baltzell, Cooper, Hart, Haugh-
ton, Livingston, Long, Pelot, Priest, Ramsay, Smith, Yonge-12.
So Mr. Walker's amendment to the substitute was rejected.
Mr. Yonge offered the following as a substitute for the substitute
of Mr. Pelot:
Resolved, That each member of the Senate furnish such Station-
ery as lie may require, at his own expense.
Upon which the yeas and nays were called for by Messrs. Yonge
and Livingston, and were,
YEAS-Mr. President, Messrs. Baltzell, Cooper, Long, Smith,
Walker, Yonge-7.
NAYS-Messrs. Hart, Haughton, Livingston, Pelot, Priest, Ram-
say-6.
So the substitute for the substitute was adopted.
Mr. Long moved the indefinite postponement of the substitute for
the substitute.
Upon which motion the yeas and nays were called for by Messrs.
Yonge and Smith, and were,
YEAS-Messrs. Cooper, Hart, Haughton, Livingston, Long, Pe-
lot, Priest, Ramsay-8.
NAYs--Mr. President, Messrs. Baltzell, Smith, Walker, Yonge--5.
So the substitute for the substitute was indefinitely postponed.
On motion, the Senate adjourned until to-morrow, 10 o'clock.











FRIDAY, January 26th, 1844.
The Senate met pursuant to adjournment. A quorum being
present, the journal of yesterday was read and approved.
On motion of Mr. Haughton, Mr. Pelot was called to take the
Chair, and was then unanimously elected President of the Senate
pro. tern.
Mr. Hart moved that the injunction of secrecy be so far re-
moved as to authorize the Secretary to make public the confirma-
tion of the nomination of the Judge of the County Court of Duval
County, which motion prevailed.
Wednesday, January 25.-On motion of Mr. Hart, the Senate
went into secret session, on a communication from his Excellency
the Governor, which was read :
EXECUTIVE OFFICE, Jan. 23d, 1844.
gentlemen of the Senate and House of Representatives :
I hereby nominate for your consideration Farquhar Berthune
as Judge of the County Court for Duval County.
R. K. CALL.
And on the question being put, the same was confirmed.
Mr. Haughton, in pursuance of previous notice, obtained leave
to introduce a bill entitled, An Act amendatory of an act to organ-
ize and regulate the Militia of the Territory of Florida, and to re-
peal all former acts in relation to the same ;
Which was read the first time, and ordered to a second reading
on to-morrow.
Mr. Livingston gives notice that he will, on some future day,
ask leave to introduce a bill regulating the rate of interest.
Mr. President came in and took the Chair.
A bill was received from the House of Representatives entitled,
An Act more particularly to define and change the western bounda-
ry line of Madison County, and ordered to a second reading on
to-morrow.
A Joint Preamble and Resolution from the House of Repre-
sentatives, asking our Delegate in Congress to use his best exer-
tions to procure the passage of a law, establishing St. Joseph into
a Surveyor's District, was read and ordered to a second reading on
to-morrow.
A bill from the House of Representatives entitled, An Act to
admit Mariano D. Papy to practice law in the several Courts in
this Territory, was read the second time, and ordered to a third
reading on to-morrow.
An Act to change the time of holding the Superior Courts in
Walton County, from the House of Representatives, was read the
first time, and ordered to a second reading on to-morrow.
A bill entitled, An Act in relation to Slaves and colored Persons.
was read the second time, and referred to the Committee on tht
Judiciary, and fifty copies ordered to be printed.
An Act for the relief of Sarah Ross, from the House of Repre











sentatives, was read the second time, and referred to a Select Com-
inittee ;
Messrs. Pelot, Smith and Cooper, were appointed on said Com-
plittee.
An engrossed Resolution, to create a Joint Select Committee
from each House, on the subject of the Revenue of the Territory,
was, on motion of Mr. Baltzell, laid on the table.
An engrossed Preamble and Resolution, on the subject of Judge
Marvin's Code, was taken up, and on motion was re-committed to
the Committee of the Whole, Mr. English in the Chatr, ithd after
some time spent therein, the Committee rose, '.and reported4 thbill
with amendments; after the words "William Marvin," ilisert," And
to report what action it is advisable for this Council to take irntela-
tion to the same," in, which amendment the Senate concurred, aqd
the bill was ordered to be engrossed, and read a third time on to-
morrow.
An Act to admit Cameron Anderson to practice law in the seve-
ral Courts of this Territory, from the House of Representatives,
was read the first time, and ordered to a second reading on to-mor-
row.
An Act to amend an act fixing the time of holding the Superior
Courts of the Apalachicola District, from the House of Represen-
tatives, was read the first time, and ordered to a second reading on
to-morrow.
An Act, from the House of Representatives, to alter and change
the name of Sarah Ann Vandergriff, was read the first time, and
ordered to a second reading on to-morrow.
An engrossed bill entitled, An Act to authorize Willis Watson
to establish a ferry across the Chipola River, in Jackson County,
was read the third time and passed. Ordered, that the title be as
read.
A bill reported from the Select Committee on the petition of
James Long, entitled, An Act to divorce James Long and Elizabeth
Long, was read the first time, and ordered to a second reading on
to-morrow.
An Act in relation to Administering Oaths, &c., was read the
second time, and referred to the Committee on the Judiciary. '
A Resolution introduced by Mr. Baltzell, arranging the order of
business in the Senate, was read the second time and rejected.
An Act to change the time of holding the Superior Courts in
Gadsden and Leon Counties, was read the second time, and refer-
red to the Committee,on the Judiciary.
A bill in relation to Corporations was read the second time, and
referred to the Qommittee on the Judiciary.
The petition of Francis Dummett was read the second time, and
referred to a Select Committee, consisting of Messrs. Hart, Cooper '
and Yonge.
The Report of the .Select Committee on the petition of Susan "
Dozier, came up, and on the question, will the Senate concur in the














portt of the Committee, the yeas and nays were called for by
Messrs. Baltzell and Pelot, and were :
YEAS-Mr. President, Messrs. Cooper, Hart, Haughton, Priest
and Walker-6.
NAYs-Messrs. Baltzell, English, Livingston, Long, Pelot,
Ramsay, Smith and Yonge-8.
So the report of the Committee was not concurred in.
A bill entitled, An Act to provide against a fraudulent and depre-
ciated Currency, was read the second time, and on motion was laid
on the table.
The memorial of a Committee of the Stockholders of the Union
Bank of Florida, was taken up, and referred to the Committee on
Finance.
The following communication was received from the Secretary
of the Territory, and read and laid on the table :
SECRETARY's OFFICE, )
25th January, 1844. )
lion. George Walker,
.President of the Senate:
SIR-As requested by a Resolution of the Senate, adopted on
yesterday, I have the honor to enclose herewith a copy of the esti-
mate made by the Governor and Secretary of the Territory, to
meet the expenses of the Legislative Council during the present
session.
Very respectfully,
Your obedient servant,
(Signed) THOSE. H. DUVAL,
Secretary of Florida.
A bill from the House of Representatives entitled, An Act to in-
corporate the town of New Port, was read the first time, and or-
dered to a second reading on to-morrow.
On motion, the House adjourned until Monday, 12 o'clock.


MONDAY, January 29th, 1844.
The Senate met pursuant to adjournment, and a quorum of
members answering on a call of the roll, the Journal of Friday was
read and approved.
On motion of Mr. Walker, the Resolution offered by him, fixing
the day for the adjournment of the Legislative Council sine die, was
taken from the table and placed amongst the orders of the day.
Also, the Resolution relating to Newspapers taken by the Sen-
ate, was on motion of Mr. Walker, taken from the table and placed
amongst the orders of the day.
Mr. English presented two petitions from many citizens of Dade
County, asking the Legislative Council to aid them in memorializ-
ing Congress, to extend to them the benefit of the United States
mail, and for other purposes, which were read and referred to a
Select Committee.














Messrs. English, Smith and Ramsay, were appointed on said
Committee.
Mr. Baltzell offered the following Preamble and Resolutions,
which were read, and lie over until tn-morrow.
WHEREAS, The House of Representatives of the United States,-
on the 10th of January inst., adopted the following resolutions.
Resolved, That the Committee on Territories be instructed to in-
quire and report to this House what have been the expenses annu-
ally paid out of the Treasury of the United States for the courts of
the United States within the several Territories, including the sala-
ries to the judges, and all other expenses growing out of the organ-
ization and the holding of such courts for each of the three Territo-
ries for the last four years ; also, into the expediency of restricting
the jurisdiction of the federal courts within the Territories within
the limits prescribed for the same courts within the States, and for
the reduction of the number of circuits and districts, and the num-
ber of judges and marshals, and all other officers of those courts, to
conform to the business so limited ; and further, for the establish-
ment of Territorial courts with Territorial jurisdiction, to be organ-
ized and paid as the Legislative Councils of the respective Territo-
ries may prescribe and direct ; and that they report by bill or other-
wise.
Be it therefore Resolved, That our Delegate be, and he is hereby
requested to communicate to the Senate, if the same can be had,
the causes which led to the adoption of such resolution.
That the Judiciary Committee be, ard they are hereby instructed
to inquire and to report to the Senate, whether action in this re-
spect may or may not be desirable to the people, and whether it
will be proper for the Legislature of this Territory to present a
memorial to Congress, suggesting and proposing a change in the
Judicial system, which may be most acceptable to the people of
this Territory.
Mr. Smith, from the Select Committee to which was referred a
bill entitled, An Act to enable the Union Bank of Florida and others,
more readily to collect their debts, made the following Report,
which was read and laid on the table:
The Select Committee to whom was referred the bill entitled,
An Act to enable the Union Bank of Florida, and others, more
readily to collect their Debts, ask leave to
REPORT:
That, after bestowing upon the subject their most patient delibe-
ration, they have'arrived at the conclusion that the best interests of
the Territory imperiously demand the enactment of some law to
enable judgment creditors more effectually to reach the property
of their debtors. A doctrine, new to the minds of many, but most
familiar to those of others, seems to prevail very generally in some
portions of the Territory, that the interest of a judgment debtor in
property incumbered by mortgage, cannot be sold under execution.
And your Committee have learned with regret, that where this opin-














ion prevails, nearly all the wealth of the country is thus inctumber'
ed, and consequently, its possessors, whether rich or poor, honest
or dishonest, are beyond the reach of any practicable means of
compelling them to pay their just debts. Were the country pros-
perous, and the people endued with angelic purity, few indeed
would be sufferers by this condition of things. But unfortunately,
the debts of those whose estates are so incumbered, are numerous
and immense ; and neither their convictions of right and justice,
nor their sense of honor and rectitude, are sullfficient to induce them
to divide their effects to satisfy the claims of their creditors. One
company of individuals alone, the Stockholders of the Union Bank,
in the year 1840, were individually in the possession and use of
2,682 slaves, and 245,960 acres of the best lands in Florida, as ap-
pears from a statement of the President made at that time ; and it is
not probable that there has been much alteration in this respect
since. These lands and slaves were mortgaged to the Bank, by
285 Stockholders to secure the payment of $2.904,500, some twen-
ty years hereafter, without interest. The Stockholders are now in-
debted to the Bank upon their promissory notes for money borrow-
ed, in a sum unknown to your Co.nmittee, but unquestionably ex-
ceeding $2,000,000, and the Bank is indebted to others far beyond
its ability ever to pay.
The amount of debt due to the Bank, now in suit, exceeds $1,200,-
000, the greater part of which is doubtless due from the Stockholders
themselves, and about half of which is in judgment. But the re-
turns upon executions, say the Bank, are generally no effects."
No effects Their 2,682 slaves and 245.960 acres of land, the use
of which they are enjoying and expect to enjoy for twenty years to
come, cannot be touched by the marshal, because they have been
mortgaged to the Bank It a poor man sues and obtains judgment
against one of this privileged order, and issues his execution, it is
returned no effects:" and as he walks the streets, too poor per-
haps to ride, his debtor rolls past him in his splendid coach and
four. The amount of debts now due, exclusive of those hereafter to
become due, by the Bank itself, and which cannot be paid because
its Stockholders have "no effects," your committee have no desire
accurately to ascertain ; it is sufficient to say, that so hopeless is
their collection that it is believed they may now be purchased for
one quarter of their nominal value.
By referring thus particularly to this class of debtors, it is not
supposed that they are the only persons who, though in possession
of property, do not pay their debts : for it is notorious that a great
portion of our people are similarly situated ; and either from fraudu-
lent intent, or in the hope of saving their property, and paying
their debts at a more convenient season, are depriving their credi-
tors of their just dues, to an extent ruinous to many an honest man
who strives to live by his labor, and ruinous to the credit and the
character of our Territory.
In view of these evils, and believing that some remedy should be









devised and applied speedily, your committee would recommend the
passage of the bill referred to them in an amended form. They
would strike out the entire preamble and alter the remainder, so
that it may read thus :-
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the goods and chattels, lands and tene-
ments, of a judgment debtor, and all his or her legal and equitable
interest therein, shall hereafter be liable to levy and sale under
execution ; excepting so much thereof as is now by statute exempt
from sale under execution."
In reporting this bill, your Committee are not recommending an
untried experiment. They have ascertained that the practice of
selling under execution, the interest of a judgment debtor in mort-
gaged property, now prevails in the States of Maine, Massachusetts,
Vermont, Connecticut, New York, Pennsylvania, Michigan, Indi-
ana, Missouri, Maryland, North Carolina and Georgia. And they
cannot learn that any of the other States of the Union subject mort-
gaged property to a different rule in this respect, from that which
governs property unincumbered. Nor, on the other hand, do they
suppose that this measure will remedy all the evils complained of,
or meet the approbation of all men of good understanding, and hon-
est intention ; for it is beyond the power of legislative enactments,
to make people honest who are disposed to evil, and equally impos-
sible to obtain unanimity in favor of any measure of reform, where
powerful interests may be secured by perpetuating injustice. But
it is confidently believed that it will greatly diminish existing evils
and gradually bring about a different and much better state of things.
If the large estates, sufficient in many instances for principalities,
now in the undisturbed occupation of the bankrupt nobility of Flori-
da, could be divided into farms of one or two hundred acres each,
the resulting benefits to the Territory would be almost incalculable.
The honest creditor might thus obtain his own and be made com-
fortable, while his debtor, if disposed to productive industry, whether
entirely bankrupt or otherwise, could not, in this favored land, be
deprived of the means of living compatably with honor and repub-
lican simplicity. An active, industrious and independent population
of farmers and mechanics, would rapidly grow up, thriving and pros-
perous, where now bankruptcy, fraud,'and almost desolation, prevail.
Neat and comfortable dwellings would soon adorn the wayside,
exhibiting the taste and thrift which the personal superintendence
and labor of the possessor never fail to impart; green pastures, cul-
tivated fields and a wide spread and smiling landscape would glad-
den the eye, where now the original gloom of the wilderness is al-
most unbroken. Peace and prosperity, good morals and religion,
would grow and flourish on every hand, and the business of fraud
and imposture would soon become as loathsome and unfashionable
as that of honest industry is now.
L. W. SMITH, Chairman.














ORDERS OF THE DAY.
The engrossed Preamble and Resolution, relating to Marvin's
Code, came up on a third reading. Mr. Long moved to lay them
on the table, which prevailed.
The following Bills from the House of Representatives came
up in order :
An Act to admit Mariano D. Papy to practice law in the several
Courts in this Territory, was read the third time and passed.
Ordered, that the title be as read.
The Preamble and Resolutions, asking our Delegate in Con-
gress to use his best exertions to procure the passage of a law es-
tablishing St. Joseph into a Surveyor's District.
Mr. Walker moved their indefinite postponement, on which mo-
tion the yeas and nays were called for by Messrs. Baltzell and
Long, and were:-
YEAs-Messrs. Baltzell, Hart, Priest, Walker-4.
NAYs-Mr. President, Messrs. Livingston, Long, Ramsay,
Smith and Yonge-7.
So the motion for indefinite postponement was lost.
The Preamble and Resolutions were then ordered to a third
reading on to-morrow.
An Act to change the time of holding the Superior Courts in
Walton County, was read a second time, and ordered to a third
reading on to-morrow.
An Act more particularly to define and change the Western
boundary line of Madison County, was read a second time, and or-
dered to a third reading on to-morrow.
An Act to alter and change the name of Sarah Ann Vander-
griff, was read the second time, and ordered to a third reading on
to-morrow.
An Act to amend an act, fixing the time of holding the Superior
Courts of the Apalachicola District, was read a second time, and
referred to a Select Committee, consisting of Messrs. Yonge and
Baltzell.
An Act to admit Cameron Anderson to practice law in the seve-
ral Courts in this Territory, was read the second time, and ordered
to a third reading on to-morroiv.
An Act to incorporate the Town of New-Port, was read the se-
cond time, and ordered to a third reading on to-morrow.
A bill, introduced by Mr. Haughton, entitled, An Act amendatory
of an act to organize and regulate the Militia of the Territory of
Florida, and to repeal all former acts in relation to the same, was
read a second time, and ordered to a third reading on to-morrow.
A bill reported by a Select Committee entitled, An Act to di-
vorce James Long and Elizabeth Long.
Mr. Long offered an amendment, which was adopted, and on the
question of engrossment for a third reading on to-morrow, the ayes
and noes were called for by Messrs. Baltzell and Long, and were :
YEAS-Messrs. Hart, Priest and Walker-3.














NAYs-Messrs. Baltzell, Livingston, Long, Ramsay, Smith and
Yonge-7.
So the bill was rejected.
A Resolution introduced by Mr.lWalker, fixing the day for the
adjournment of the Legislative Council, sine die, which had been
taken from the table, and placed amongst the orders of the day,
was taken up for a third reading, but before the question was taken,
The Senate was adjourned until 10 o'clock to-morrow.


TUESDAY, January 30th, 1844.
The Senate met pursuant to adjournment, a quorum of members
being present, the Journal of yesterday was read, corrected and ap-
proved.
Mr. Long gave notice that he shall, on some future day, ask
leave to introduce a bill to be entitled, An Act to amend an act
authorizing Edwin G. Booth to establish a ferry across the Apala-
chicola River.
On motion of Mr. Long, leave of absence was granted to Mr.
Yonge for a few days.
Mr. Haughton gives notice that he will, at a future time, ask
leave to introduce a bill entitled, An Act for the relief of Partners
and Joint Debtors.
Mr. English, from the Select Committee appointed on the peti-
tion from Dade County, reported a bill entitled, An Act to estab-
blish the County site of Dade County, and for other purposes;
Which was read the first time, and made the order of the day
for to-morrow.
Also, the following Joint Resolution, which was read the first
time :
Be it Resolved by the Senate and House of Representatives of the
Territory of Florida, That the petitions of our fellow citizens in
the county of Dade, be forwarded by our Secretary forthwith to
our Delegate in Congress, the Hon. David Levy, requesting his
earliest attention to the same, and desiring him to use his best
exertions to procure for them a Post Office and Port of Entry at
their County site.
Be it further Resolved, That the Hon. David Levy, our Dele-
gate in Congress, be requested in like manner to use his exertions
to procure a suitable appropriation to assist our fellow citizens in
the county of Dade to erect a Court House and Jail, at their
county site, on the Miami, Cape Florida.
ORDERS OF THE DAY.
The Resolution offered by Mr. Walker, to fix a day certain for
the adjournment of the Legislative Council, sine die, which was
under discussion, when the Senate adjourned on yesterday, was
taken up.














Mr. Long moved its indefinite postponement, on which motion
the yeas and nays..were called for by Messrs. Livingston and Long,
and were:
Yeas-Mr. President, Messrs. Cooper, Long, Priest, Ramsay,
Smith, Yonge-7.
Nays-Messrs. English, Hart, Haughton, Livingston, Mathers,
Pelot and Walker-7.
So the motion failed.
Mr. Long then moved to lay the Resolution on the table, which
prevailed.
A Preamble and Resolution offered by Mr. Walker, in relation
to newspapers taken by the Senate, came up in order, on a third
reading.
Mr. Pelot moved that the Preamble and Resolution be recom-
mitted to the Committee of the Whole, which prevailed, and the
Senate went into Committee of the Whole, Mr. Haughton in the
Chair,, and after some time spent therein, the Committee rose, and
Mr. Haughton reported the Preamble and Resolution, with au
amendment of another Resolution, in these words:
And be it further Resolved, That each member of the Senate be
furnished with one copy of each newspaper published in this city.
Which amendment was concurred in, and the Preamble and
Resolutions as amended, made the order of the day for to-morrow.
Sundry bills from the House of Representatives came up for a
third reading, viz :
An Act to change the time of holding the Superior Courts in
Walton County, which was, on motion of Mr. Ramsay, laid on the
table.
An Act more particularly to define and change the Western
boundary line of Madison county, read a third time and passed.
Ordered, that the title be as read.
An Act to alter and change the name of Sarah Ann Vandergriff,
was read a third time and passed.
Ordered, that the title be as read.
An Act to admit Cameron Anderson to practice law in the sev-
eral Courts in this Territory, read a third time and passed.
Ordered, that the title be as read.
An Act to incorporate the town of New-Port, read a third time
and passed.
Ordered, that the title be as read.
Preamble and Resolutions, asking our Delegate in Congress to
use his best exertions to procure the passage of a law establishing
St. Joseph into a Surveyor's District, were read the third time.
Mr. Cooper moved the recommitment of the Preamble and Res-
olutions to the Committee of the Whole, which prevailed ; and the
Senate resolved itself into a Committee of the Whole, Mr. Haugh-
ton in the Chair, and after some time spent therein, the Committee
rose, and Mr. Haughton reported the Preamble and Resolutions,
with the second Resolution stricken out, which amendment was















concurred in by the Senate ; and the said Preamble and Resolutions
as amended, were ordered to a third reading on to-morrow.
A Preamble and Resolutions, asking our Delegate in Congress
to make an earnest appeal to the Government of the United States
for the payment of losses suffered from Indian depredations, was
received from the House of Representatives, and read the first time.
and ordered to a second reading on to-morrow.
A communication was received from the House of Representa-
tives :
The House of Representatives has passed the Preamble and
Resolutions from the Senate, relative to Public Lands, without
amendment.
And has passed the Preamble and Resolutions asking of Con-
gress an appropriation for clearing out the obstructions in the Su-
wannee River, with an amendment, and ask the concurrence of the
Senate.
Which, on motion of Mr. Livingston, was laid on the table.
On motion,,the House adjourned until 10 o'clock A. M. to-morrow.



WEDNESDAY, January 31st, 1844.
The Senate met pursuant to adjournment. A quorum of mem-
bers being present, the journal of yesterday was read and approved.
On motion of Mr. Cooper, leave of absence was granted to Mr.
Pelot for a few days.
On motion of Mr. English, leave of absence was granted to Mr.
Long for a few days.
On motion of Mr. Smith, An Act to enable the Union Bank of
Florida and others, more readily to collect their debts, was taken
from the table, and placed amongst the orders of the day.
On motion of Mr. Haughton, An Act to change the time of hold-
ing the Superior Courts in Walton county, was taken from the ta-
ble, and placed amongst the orders of the day.
On motion of Mr. Cooper, the Preamble and Resolutions rela-
tive to Marvin's Code, was taken from the table, and placed
amongst the orders of the day.
Mr. Pelot gave notice that, on some future day, he will ask
leave to introduce a bill to amend an act entitled an act concern-
ing Wills, Letters Testamentary, and Letters of Administration.
aud the duties of Executors, Administrators and Guardians.
Mr. Pelot offered the following Resolution, which was received
and read :
Resolved by the Senate, That a majority of its members consti-
tute a quorum.
Mr. Cooper offered the following Preamble and Resolution,
which was read:
WHEREAS, His Excellency the Governor informed the Legisla-
tive Council, at their last session, that there was $1,545 96 cents,














in the Treasury of the United States, subject to the order of the
Territory ;-that the said sum was the amount at that time due to
the Territory of Florida, as her portion of the proceeds accruing
from the sale of the Public Lands. Therefore,
Be it Resolved, That the Governor be requested to inform the
Senate, whether he or his agent has received said money, and if
so, what disposition, if any, has been made of the same.
Mr. Baltzell presented the petition of the citizens of Wakulla
County, praying the establishment of their County site, which was
read the first time.
ORDERS OF THE DAY.
The Preamble and Resolutions introduced by Mr. Walker, on
the subject of newspapers furnished the members of the Senate,
which had been amended in Committee of the Whole, was read
the second time, and adopted, as follows :
WHEREAS, The sum estimated to defray the contingent expenses
of the Legislative Council, is only $1,200 : And whereas, the
resolution heretofore passed by the Senate, directing eight copies
of three newspapers to be furnished weekly to each member of the
Senate, will cause the contingent expenses to exceed the appropri-
ation :
Be it therefore Resolved, That said resolution be, and the same is
hereby repealed.
And be it further Resolved, That each member of the Senate be
furnished with one copy of each newspaper published in the city.
The Preamble and Resolutions, asking our Delegate in Congress
to use his best exertions to procure the passage of a law establish-
ing St. Joseph into a Surveyor's District, which had been amended
in Committee of the Whole, was read the third time and adopted
as amended, and ordered to be returned to the House of Represen-
tatives for its concurrence.
The Preamble and Resolutions from the House of Representa-
tives, asking the Delegate in Congress to make an earnest appeal
to the Government of the United States for the payment of losses
of property, suffered from Indian depredations, was read the second
time, and referred to the Committee on the State of the Territory,
on motion of Mr. Pelot.
Mr. Baltzell asked that the rule be waived, that he might have
an opportunity to make a motion to take from the table the Pream-
ble and Resolutions introduced by him on Tuesday last, relating to
the Judiciary system of this Territory, which was lying on the table.
No objection being made, the rule was waived and the Preamble
and Resolutions placed amongst the orders of the day.
A bill reported by the Select Committee, created on the petition
of the citizens of Dade County, entitled, An Act to establish the
County-site of Dade County, and for other purposes, was read the
second time, and ordered to be engrossed for a third reading to-mor-
row.














Also, the Resolutions reported by the same Committee, were
read the second time, and ordered to be engrossed for a third read-
ing to-morrow.
An act to enable the Union Bank of Florida and others, more
readily to collect their debts, as reported by the Select Committee
with amendments, and concurred in by the Senate, was read the
second time, and ordered to be engrossed for a third reading to-
morrow.
An act to change the time of holding the Superior Courts in
Walton County, was read the third time and passed.
Ordered that the title be as read.
The Preamble and Resolutions relative to Marvin's Code, were
read the third time and adopted.
Messrs. Cooper, Baltzell, Walker, Smith and Livingston, were
appointed the Committee on the part of the Senate, to act jointly
with a Committee to be appointed on the part of the House of Rep-
resentatives.
Mr. Baltzell moved that he be excused from serving on said Com-
mittee, which was not granted by the Senate.
The Resolutions introduced by Mr. Baltzell, relating to the Judi-
ciary system of this Territory, were read the second time.
On their adoption, the yeas and nays were called for by Messrs.
Hart and Pelot, and were :
Yeas-Messrs. Baltzell, Cooper, English, Haughton, Livingston,
Priest, Ramsay, Smith, Walker, Yonge-10.
Nays-Mr. President, Messrs. Hart and Pelot-3.
So the Resolutions were adopted.
The following Bills and Resolutions from the House of Repre-
sentatives, were read the first time, and ordered to a second read-
ing to-morrow.
A bill to be entitled, An act to establish and regulate Pilotage on
the waters and in the harbour of Mosquito.
A bill entitled, An act to authorize the Clerk of St. John's Coun-
ty to refund certain taxes by him collected for County purposes.
A Pteamble and Resolution, asking the Delegate in Congress to
procure a re-appropriation for clearing out the obstructions in the
Oclawahaw River.
A Preamble and Resolution, asking Congress for an appropria-
tion to remove obstructions in the rivers Chattahoochie and
Holmes.
A Preamble and Resolution relating to Light-Houses.
Mr. Yonge asked that the rule be waived, to allow him to intro-
duce a resolution. No objection being made, the rule was waived,
and the following Preamble and Resolution read:
WHEREAS, authentic information has been received of recent
depredations and massacres committed in Washington County,
West Florida, by the Indians : And whereas, the very exposed situ-
ation of- our fellow-citizens in that section of the country demands
the prompt action of the Legislative Council:














Be it therefore resolved, That the Committee on the State of the
Territory be, and they are hereby, instructed, to enquirer into these
depredations, and report, at as early a day as possible, what means
should be adopted to afford protection to the people in that exposed
and defenceless portion of the country.
On motion, the rule was waived and the Preamble and Resolutions
were read the second time and adopted.
A communication was received from His Excellency the Gov-
ernor, making certain nominations, which was on motion, laid on
the table.
On motion, the Senate adjourned until to-morrow, 10 o'clock.



THURSDAY, February 1st, 1844.
The Senate met pursuant to adjournment, and a quorum being
present, the Journal of yesterday was read and approved.
Mr. Yonge gave notice that he will, on a future day, ask leave
to introduce a bill to be entitled, An Act concerning County Com-
mlissioners.
Also. An Act to abolish County Courts and to establish a Court
of Probate.
On motion of Mr. Baltzell, An Act to provide against a fraudulent
and depreciated currency, was taken from the table and placed
among the orders of the day.
Also, an act to amend an act entitled, An Act to organize Wa-
kulla County, was taken from the table and placed among the orders
of the day.
The Select Committee to whom was referred the petition of Reu-
ben Scott, reported the same back to the Senate without amend-
ment.
ORDERS OF THE DAY.
Sundry Bills and Resolutions from the House of Representatives,
were read, viz :
An Act to establish and regulate Pilotage on the waters and in
the harbour of Mosquito, was read the second time, and referred to
the Committee on the State of the Territory ;
An Act to authorize the Clerk of St. Johns County to refund cer-
tain taxes by him collected, for county purposes, was read the sec-
ond time, and referred to the Committee on the Judiciary ;
A Preamble and Resolution, asking the Delegate in Congress to
procure a re-appropriation for clearing out the obstructions in the
Ocklawahaw River;
A Preamble and Resolution, asking Congress for an appropriation
to remove obstructions in the Rivers Choctawhatchie and Holmes ;
A Preamble and Resolution relating to Light-Houses, were read
the second time, and referred to the Committee on the State of the
Territory.
An Engrossed Bill, to enable the Union Bank of Florida, and















others, more readily to collect their debts, which came up on its
third reading, was, on motion of Mr. Haughton, laid on the table.
The Resolution offered by Mr. Pelot, to determine what shall
constitute a quorum of the Senate, was amended by striking out the
words, a majority," and inserting, two-thirds," and as amended
was adopted in the following words:
Resolved by the Senate, That two-thirds of its members constitute
a quorum.
The Preamble and Resolution offered by Mr. Cooper, calling on
the Governor for information in relation to Florida's proportion of
the proceeds of sale of the public lands, was read the second time
and adopted.
An Act more efficiently to prevent a fraudulent and depreciated
currency, was taken up ;
Mr. Pelot moved to lay the bill on the table.
Which motion was lost.
Mr. English moved the indefinite postponement of the bill.
On which motion the yeas and nays were called for by Messrs.
Pelot and Cooper, and were,
YEAs-Messrs. English, Haughton, Livingston, Walker-4.
NAYS-Mr. President, Messrs. Baltzell, Cooper, Hart, Pelot,
Priest, Ramsay, Smith, Yonge-9.
So the bill was not indefinitely postponed.
Mr. Pelot again moved to lay the bill on the table, and print
fifty copies.
On this motion the yeas and nays were called for by Messrs.
English and Priest, and were,
YEAs-Mr. President, Messrs. Baltzell, Cooper, Haft, Haughton,
Pelot, Priest, Ramsay, Smith, Walker, Yonge-11.
NAYs-Messrs. English and Livingston-2.
So the bill was laid on the table and fifty copies ordered to be
printed.
An Engrossed Bill entitled, An Act to establish the County-site
of Dade County, and for other purposes, was read the third time
and passed,
Ordered that the title be as read.
Also Engrossed Resolutions, requesting our Delegate in Con-
gress to use his best exertions to procure certain benefits and ap-
propriations for Dade County, was read the third time and adopted.
An Act to amend an act to organize Wakulla County, was taken
up on its third reading ; and a memorial and a counter memorial
from many citizens of said county, were read.
Mr. Walker moved that the Senate go into a Committee of the
Whole on the said bill:
Whereupon the Senate resolved itself into a Committee of the
Whole, Mr. Haughton in the Chair, and after some time spent
therein, the Committee rose and reported the bill without amendment.
Mr. Livingston moved to strike out the first section of the bill,
11














82

which provides that New Port shall be the County-site of Wakulla
County, and substitute a provision which refers the question of
location of the County-site to the qualified voters of the County.
On which motion the yeas and nays were called for by Messrs.
Livingston and Walker, and were,
YEAS-Mr. President, Messrs. Hart, Haughton, Livingston,
Ramsay, Walker-6.
NAYs-Messrs. Baltzell, Cooper, English, Pelot, Priest, Smith,
Yonge-7.
So the motion to amend was-lost.
Mr. Walker moved to lay the bill on the table.
On which motion the yeas and nays were ordered, and were,
YEAs-Mr. President, Messrs. Hart, Haughton, Livingston,
Ramsay, Walker-6.
NAYS-Messrs. Baltzell, Cooper, English, Pelot, Priest, Smith,
Yonge-7.
So the bill was not laid on the table.
The bill was then put on its passage, and the yeas and nays
were called for by Messrs. Walker and Livingston, and were,
YEAs-Mr. President, Messrs. Baltzell, Cooper, English, Pelot,
Priest, Smith, Yonge-8.
NAYs-Messrs. Hart, Haughton, Livingston, Ramsay, Walk-
er-5.
So the bill passed.
Ordered that the title be as read.
Messrs. Sanchez, Heir and Sanderson, a Committee from the
House of Representatives, presented the memorial of the Gover-
nor, Senate and House of Representatives of Florida, to the Con-
gress of the United States.
Which was received and laid on the table.
A communication from the House of Representatives, was re-
ceived and laid on the table.
A communication from his Excellency the Governor, was receiv-
ed and laid on the table.
The following Enrolled Bills from the House of Representatives
were signed by the President and Secretary of the Senate, and
returned to the House of Representatives.
An Act to admit Mariano D. Papy to practice law in the several
Counties in this Territory.
Preamble and resolutions, asking the establishment of a mail
route from St. Augustine to some point on Indian River, &c.
Preamble and resolutions, to obtain from Congress an appropria-
tion for roads in Nassau County.
A resolution relating to compensation to Nathaniel Bryan, Esq.
On motion, the Senate adjourned until Monday next, 10 o'clock,
A. M.














MONDAY, February 5, 1844.
The roll of the Senate was called, and a quorum not appearing,
the Senate was adjourned until to-morrow morning, 10 o'clock.




TUESDAY, February 6th, 1844.
The Senate met pursuant to adjournment. A quorum being
present, the Journal of Thursday was read and approved.
On motion of Mr. Cooper, leave of absence was granted to Mr.
English.
Mr. Baltzell gave notice that he will, at a future time, introduce
the following bills:
A bill entitled, An Act for the advancement of Education in this
Territory.
A bill entitled, An Act to incorporate the inhabitants of the
different TFownships of this Territory for the institution and estab-
lishment of Common Schools.
A bill entitled, An Act to repeal and abolish the Revenue Sys-
tem of this Territory.
A bill entitled, An Act to incorporate the Tallahassee Law Li-
brary Association.
Mr. Walker gave notice that he will, on a future day, ask leave
to introduce a bill to exempt Cotton sold at auction in this Territory
from auction tax.
Mr. Haughton introduced the petition of Caroline G. Jones, of
Gadsden County, praying to be divorced from her husband, James
S. Jones, which was read.
Mr. Baltzell introduced the following Resolution, which was
read:-
Resolved, That the individuals nominated for Directors to the
Union Bank of Florida, be, and they are hereby requested, before
action by the Senate on their nominations, to state their views
and sentiments as to the future management of the Bank, and what
plan they would propose for conducting its affairs.

ORDERS OF THE DAY.

A bill for the relief of Reuben Scott came up on its second read-
ing.
Mr. English moved a substitute in the form of a Resolution.
On motion of Mr. Haughton, the bill and the substitute were laid
on the table.
A Preamble and Resolution from the House of Representatives,
asking the Delegate in Congress to procure a re-appropriation for
clearing out.the obstructions in the Ocklawaha River, were read
the third time and adopted.














A Preamble and Resolution from the House of Representatives,
asking Congress for an appropriation to remove the obstructions in
the rivers Choctawhatchie and Holmes, were read the third time
and adopted.
A Memorial from the House of Representatives, by a special
committee, on the subject of Indian losses, was read and referred
to the Committee on the State of the Territory.
Preamble and Resolutions relative to a Mail West from Alliga-
tor Fort to Centreville, Georgia. from the House of Representa-
tives, were read the first time and ordered to he read a second time
to-morrow.
Several acts from the House of Representatives were read the
first time, viz :
An Act to incorporate the West Florida Collegiate Institute,
was read the first time, and ordered to a second reading to-morrow.
An Act to divorce Huldah Manning from her husband May
Manning, and to change the name of Huldah Manning to that of
Huldah Johnson, was read the first time, and ordered to a second
reading to-morrow. .,
An Act to amend an act incorporating the city of Apalachicola,
approved 2d Feb. 1838, was read the first time, and on motion the
rule was waived, and the act read the second time, and referred to
the Committee on the Judiciary.
An Act to authorize John L. Taylor and V. J. Strickland to es-
tablish a Toll Bridge across the Ocilla River, at the Indian trail,
was read the first time, and ordered to a second reading to-morrow.
Preamble and Resolution, asking of Congress an appropriation
for repairing the road leading from Tampa Bay to Palatka, was
read the first time, and ordered to a second reading on to-morrow.
An Act to organize a County to be called St. Lucie County was
read the first time, and ordered to a second reading on to-morrow.
An Act to divorce Matilda Bice, from her husband Henry Bice,
late of Gadsden County, was read the first time, and on the ques-
tion shall the bill be read a second time on to-morrow, the yeas and
nays were called for by Messrs. Baltzell and English, and were:
YEAS-Messrs. Haughton and Walker-2.
NAYS-Mr. President, Messrs. Baltzell, Cooper, English, Priest,
Ramsay, Smith and Yonge-8.
So the act was not ordered to a second reading, which amounts
to a rejection.
An Act to change the time of holding the County Court in Madi-
son County, was read the first time, and ordered to a second read-
ipg to-morrow.
An Act to organize an Independent Company of Artillery, to be
called the Florida Artillery Company, was read the first time, and
ordered to a second reading on to-morrow.
Preamble and Resolutions, asking an appropriation of Congress
for clearing out obstructions in the navigation of Gum Swamp,















were read the first time, and ordered to a second reading to-mor-
row.
Resolutions relating to a Chamber of Commerce at Key West,
were read the first time, and on motion of Mr. English the rule
was waived, and the Resolutions read a second and third time, and
adopted.
A communication from the House of Representatives:
The House of Representatives concur in the amendment made
by the Senate in the -Preamble and Resolutions, asking our Dele-
gate in Congress to use his best exertions to procure the estab-
lishment of a Surveyor's District at St. Joseph.
The House of Representatives have adopted the Preamble and
Resolutions of the Senate relative to Marvin's Code," and have
appointed Messrs. Sanderson, Sanchez, Shine, Arnou and Floyd,
a Committee on the part of the House, to act jointly with the
Committee appointed on the part of the Senate.
The House of Representatives have passed an act from the
Senate, to establish the County site of Dade County, and for other
purposes, without amendment.
Also, the Resolutions requesting our Delegate in Congress to
use his best exertions to procure certain benefits and appropria-
tions for Dade County.
The following Enrolled Bills were received from the House of
Representatives, andl signed by the President and Secretary of the
Senate :
An Act to change the time of holding the Superior Courts of
Walton County;
An Act more particularly to define and change the Western
boundary line of Madison County;
An Act to alter and change the name of Sarah Ann Vandergriff;
An Act to admit Cameron Anderson to practice law in the seve-
ral Courts in this Territory ;
Preamble and Resolutions asking of Congress the establishment
of a Surveyor's District at St. Joseph.
A communication was received from His Excellency the Gover-
nor, which was read, and with the accompanying documents re-
ferred to a Select Committee, consisting of Messrs. Baltzell,
Yonge and Walker:

EXECUTIVE OFFICE, )
Tallahassee, 5th February, 1844. (
To the President of the Senate :
SIR-In compliance with the resolution adopted by the Senate
on the 25th ult.. requesting the Governor of the Territory to furnish
all the information in his office, or which he can procure, in refer-
ence to the location of the two townships of land, authorized by
act of Congress for a Seminary of Learning in this Territory-what
















contract was made for said selection, and whether any further ac-
tion remains to be had in relation thereto ?-I herewith transmit
copies of sundry letters on these several subjects, together with a
list of the lands which have been located by the Agent of the Territo-
ry. From these documents it will appear that 25,541 85-100 acres
of land have been located under the grant of the Government, and
that the selection of the residue, amounting to 20,538 15-100 acres,
was suspended by order of Gov. Duval, in 1829, and that no addi-
tional locations have been made subsequent to that time. The most
valuable lands in Middle and West Florida having been appropria-
ted, at the suggestion of the Agent, it appears that Gov. Duval
deemed it advisable to suspend the location of the residue of the
lands granted by Congress, until others should become subject to
entry for this purpose. For the last eight years the war with the
Seminoles has rendered it impracticable for the Government to
extend the surveys of the public lands, except in a very limited
degree, and it has been equally impracticable for the Territory to
complete the location of the grant. This impediment now being
removed, it becomes necessary for the Legislative Council to provide
for the appointment and payment of a competent Agent to perform
this duty. It is believed that, by a careful examination of the lands
in East Florida, advantageous locations may be made, and it is de-
sirable that an equal proportion of the grant should be selected in
that part of the Territory.
With regard to the contract for locating these lands, I beg leave
to refer the Senate to the enclosed copy of correspondence be-
tween Gov. Duval and the late Judge Allen, from which it will
appear that the Governor was authorized by a resolution of the Le-
gislative Council, adopted in 1828,.and did allow the Agent one
section of land, as a compensation for the location of each town-
ship when completed. How far it was competent for the Legisla-
tive Council to make such a disposition of any portion of the land
granted and appropriated by Congress, for a specific purpose, is at
least exceedingly questionable ; and no title to the section designa-
ted, having vested in the Agent or his heirs, I recommend that an
adequate appropriation be made to compensate the legal represen-
tatives of the Agent for the services performed by him, instead of
the section of land allowed by the resolution of the Legislative
Council. The duty of locating these lands was arduous and re-
sponsible ; it is believed that it was faithfully and judiciously per-
formed and an adequate compensation should be provided by law
for this purpose.
R. K. CALL.
A communication from His Excellency the Governor was re-
ceived, read and laid on the table :















EXECUTIVE OFFICE, )
Tallahassee, 6th February, 1844. )
To the President of the Senate :
SIR : In compliance with the resolution adopted by the Senate
on the 1st inst., and which was not received until to-day, enquiring
of the Executive whether he, or his agent, has received the sum
($1,545 96,) to which the Territory was entitled under the first
distribution of the proceed arising from the sales of the public lands ;
and if so, what disposition, if any, has been made of the same, I
refer the Senate to the enclosed copy of my answer to a similar
resolution on the same subject, adopted by the House of Represen-
tatives on the 25th ultimo.
(Signed) R. K. CALL.





[coPY.]

EXECUTIVE OFFICE, I
Tallahassee, 5th February, 1844.
To the Speaker of the House of Representatives :.
SItr : In compliance with the request contained in the resolution
adopted by the House of Representatives on the 31st ult., inquiring
of the Governor whether the Agent of the Territory, or any other
person, has received the sum of money, (fifteen hundred and forty-
five dollars ninety-six cents,) to which the Territory is entitled
under the first distribution of the proceeds arising from the sale of
the public lands, and if so, what disposition, if any, has been
made of the same ?" I have to inform the House of Representa-
tives that this sum has been received by the Agent of the Territory,
Mr. George K. Walker.; and with regard to the manner in which
it has been applied, I beg leave to refer the House of Representa-
tives to the Act of the Legislative Council, approved 5th March,
1843, entitled, An Act for the preservation of the Seminary Lands,
granted by Congress for a Seminary of Learning, and the disposi-
tion of the funds arising therefrom, and to my Annual Message of
the present session. From these documents, it will appear that
the money has been disposed of by law, but that the Commission-
ers appointed under the act have performed none of the duties re-
quired of them, hence the amount still remains in the hands of the
Agent of the Territory, subject to the order of the Commissioners.
(Signed) R. K. CALL.
The following communication was received from His Excellen-
ey the Governor, read and laid on the table;














EXECUTIVE OrFFI s,
Tallahassee, 6th February, 1844. )
Gentlemen of the Senate
and House of Representatives:
I have approved the following acts and resolutions passed by the
Legislative Council, during its present session :
An Act to admit Mariano D. Papy, to practice law in the several
Courts of this Territory.
A resolution requesting the establishment of certain Mail Routes
in East Florida.
A resolution concerning the pay and mileage of Nathaniel Bryan.
A resolution concerning the Roads and Bridges of Nassau County.
An Act to change the time of holding the Superior Court in Wal-
ton county.
An Act more particularly to define and change the Western bound-
ary line of Madison county
An Act to alter and change the name of Sarah Ann Vandergriff.
An Act to admit Cameron Anderson to practice law in the sever-
al courts of this Territory.
A resolution relative to the establishment of a Surveyor's district
at St. Joseph. R. K. CALL.





Also, the following communication was received from His Ex-
cellency the Governor, and read and laid on the table :
EXECUTIVE OFFICE, f
Tallahassee, 6th February, 1844. (
Gentlemen of the Senate
and House of Representatives :
I have received from the President of the Union Bank of Florida,
twenty-five Bonds of the Territory, for one thousand dollars each.
These Bonds have been redeemed by the Bank, and have been this
day cancelled, according to the provisions of an act on that subject.
(Signed) R. K. CALL.


A communication was received from His Excellencyv the Gov-
ernor, making sundry nominations, which was laid on the table.
Also, a communication covering a report from the Auditor of Pub-
lic Accounts, in reply to the resolutions adopted by the Senate on
the 25th January, asking information in relation to the finances and
revenues of the Territory, &c.
Which were read and laid on the table.
On motion, the Senate adjourned until to-morrow, 10 o'clock.














WEDNESDAY, February 7th, 1844.
The Senate met pursuant to adjournment. A quorum being pre-
sent, the Journal of yesterday was read and approved.
Mr. Baltzell gave notice that he will at a future day, introduce a
bill to be entitled, An Act to provide for the election of officers by
the Legislative Council.
Mr. Walker gave notice that he will, on a future day, ask leave to
introduce a bill to be entitled, An Act to repeal the first section of an
act entitled, an act to amend an act to regulate the foreclosure of
mortgages approved, January 20, 1838.
On motion of Mr. Baltzell, an Engrossed Resolution, providing
for the appointment of a Joint Select Committee of five from each
House, to consider the best ways and means of discharging the
indebtedness of the Territory, &c., was taken from the table and
placed among the orders of the day.
The following preamble and resolutions introduced by Mr. Balt-
zell, were read the first time, and on motion, the rule was waived,
and the preamble and resolutions were read the second and third
time and adopted, and sent to the House of Representatives for
concurrence :
WHEREAS, by an act of Congress passed as early as the 3d of
March, 1823, it was enacted, "That an entire township in each of
the Districts of East and West Florida, shall be reserved from sale,
for the use of a Seminary of Learning, to be located by the Secreta-
ry of the Treasury :"
AND WHEREAS, by a communication made by the Governor of
Florida to the Senate, it appears that only 25,541 acres have been
located, leaving 20,538 acres yet to be selected under said law:
And Whereas, payment to the Agent who made such location has
not yet been made, although the service has been long since ren-
dered :
Be it therefore resolved by the Governor and the Legislative Coun-
cil of the Territory of Florida, That our Delegate in Congress be,
and he is hereby requested to urge upon the Secretary or the Trea-
sury, the taking of immediate steps to complete the location of the
two entire townships directed to be selected by the act of Congress
aforesaid.
Be. it further resolved, That he be farther requested to procure
payment for the services rendered by the Agent who located the
amount of acres above stated.
Be it further resolved, That the said Delegate be, and he is here-
by requested to communicate the result of his action in this respect
as early as practicable, that action may be had on the subject if ne-
cessary, by the present Council.
In accordance with previous notice given, Mr. Baltzell asked and
obtained leave to introduce the following Bills, which were read
the first time and ordered to a second reading on to-morrow.
A bill entitled, An Act to repeal the Revenue System of the Ter-
ritory of Florida.














A bill entitled, An Act to incorporate the Tallahassee Law Li-
brary Association.
Also, a bill entitled, An Act to incorporate the Townships of this
Territory.
Which was read the first time, the rule waived, and the bill placed
among the orders of the day for a second reading this day.
Also, a bill entitled, An Act for the advancement of education in
this Territory.
Which was read the first time, the rule waived, and the bill
placed among the orders of the day for a second reading this day.
Mr. Yonge, from the Select Committee to whom was referred a
bill from the House of Representatives, entitled An Act to amend
an act fixing the time of holding the Superior Courts in the Apalach-
icola District, reported the same with amendments, which was read
and the report concurred in.
ORDERS OF THE DAY.
A resolution offered by Mr. Baltzell on yesterday in relation to
the nomination of Directors to the Union Bank of Florida, was on
his motion laid on the table.
The petition of Caroline G. Jones, praying to be divorced from
her husband James S. Jones, late of Gadsden county, was on motion
of Mr. Haughton laid on the table.
An Act from the House of Representatives, to organize an inde-
pendent company of artillery, to be called the Florida Artillery Com-
pany, was read the second time and referred to the Committee on
the Militia.
An Act to change the time of holding the County Court in Mad-
ison County, from the House of Representatives, was read the sec-
ond time and ordered to a third reading on to-morrow.
An Act from the House of Representatives, to organize a county
to be called St. Lucie county, was read the second time and refer-
red to the Committee on the state of the Territory.
An Act to divorce Huldah Manning from her husband May Man-
ning, and to change the name of the said Huldah Manning to that
of Huldah Johnson, from the House of Representatives, came up on
a second reading, and on motion of Mr. Baltzell was laid on the
table.
The following bills and preambles and resolutions from the House
of Representatives, were read the second time and ordered to a third
reading on to-morrow.
An Act to authorize John L. Taylor and V. J. Strickland, to es-
tablish a toll bridge across the Ocilla River, at the Indian trail.
An Act to incorporate the West Florida Collegiate Institute.
Preamble and Resolations relative to a Mail route from Alligator,
Florida, to Centreville, Ga.
Preamble and resolutions, asking an appropriation of Congress
for clearing out obstructions in the navigation of Gum Swamp.
Preamble and resolutions, asking of Congress an appropriation















for repairing the road leading from Tampa Bay to Palatka.
The following Bills, from the House of Representatives, were
read the first time, and ordered to a second reading to-morrow :
An act to incorporate the Trustees of the Presbyterian Church
of lamonia.
An act to impower John Q. Worthington, a minor, to assume the
management of his own estate.
An act to divorce William H. Brouse from his wife, Sarah Ann
Brouse.
An act to authorize Joseph Forsyth to build a bridge across Pond
Creek, in Santa Rosa county.
An act to divorce Martha Conner from her husband, James Con-
ner, late of Leon county.
An act to establish and organize a Mayor's Court, for the city of
Apalachicola.
Preamble and Resolutions relative to mail route from Palatka to
Tampa Bay, via Micanopy, &c., were read the first time, and order-
ed to a second reading to-morrow.
Preamble and Resolutions relative to opening an inland commu-
nication from the city of St. Augustine to Cape Florida, from the
House of Representatives, were read the first time, and on motion
of Mr. English, the rule was waived, and the Preamble and Reso-
lutions were read the second and third time, and adopted.
A Resolution from the House of Representatives, creating a Joint
Select Committee of both Houses to revise the Revenue system of
the Territory of Florida, &c., was read the first time, and on motion,
the rule was waived, and the Resolution read the second and third
time, and adopted.
Committee on the part of the Senate to act with the Committee
from the House of Representatives, Messrs. Baltzell, Livingston
and Smith.
A communication was received from his Excellency the Govern-
or, making certain nominations.
Which was laid on the table.
A Bill entitled, An Act to incorporate the Townships of this
Territory, which had been placed amongst the orders of the day
for to-day, was read a second time, and laid on the table, and fifty
copies ordered to be printed.
Also, a bill entitled, An Act for the advancement of education in
this Territory, was read the second time, and laid on the table, and
fifty copies ordered to be printed.
On motion, the Senate adjourned until to-morrow, 10 o'clock, A. M.



THURSDAY, February 8th, 1844.
The roll was called, and a quorum of members not answering,
the Senate was adjourned until to-morrow.















FRIDAY, February 9th, 1844.
A quorum of members not appearing, the Senate was adjourned
until Monday, 12 o'clock.



MONDAY, February 12th, 1844.
A quorum of members not appearing on a call of the roll, the
Senate was adjourned until to-morrow, 10 o'clock, A. M.



TUESDAY, February 13th, 1844.
The Senate met pursuant to adjournment, and a quorum being
present, the Journal of Wednesday last was read and approved.
Mr. Yonge gave notice that he will, on a future day, ask leave
to introduce a bill concerning Depositions.
Mr. Haughton gave notice that he will, on to-morrow, ask leave
to introduce a bill entitled, An Act to amend an act concerning
Attachments.
Mr. Long asked and obtained leave to introduce a bill entitled,
An Act to amend an act to authorize Edwin G. Booth to establish
a ferry across the Apalachicola river, below Ochesee, approved
20th Feb., 1844 ;
Which was read the first time, and placed among the orders of
the day.
Mr. Walker asked and obtained leave, agreeable to notice pre-
viously given, to introduce a bill entitled, An Act to exempt Cotton
sold at auction from Auction Tax ;
Which was read, and placed among the orders of the day.
Also, a bill entitled, An Act to repeal an act entitled an act to
amend an act to regulate the foreclosure of mortgage;
Which was read the first time, and placed among the orders of
the day.
The following bills were taken from the table, and placed among
the orders of the day, on motion of Mr Baltzell:
A bill to incorporate the Townships of this Territory.
A bill for the advancement of education in this Territory.
On motion of Mr. Livingston, the Preamble and Resolutions, ask-
ing Congress for an appropriation for clearing out the obstructions
in the Suwannee River, were taken from the table, and placed
among the orders of the day.
Mr. Long presented the petition of William King and many
others, praying that a law may pass, protecting the rights of per-
sons keeping wood yards on rivers, and the landing of freight from
boats, which was read.














Mr. Haughton introduced the following Preamble and Resolu-
tions, which were read :
WHEREAS, it is understood that HENRY CLAY is contemplating a
journey through the Southern States, the line of which, as desig-
nated in letters from that gentleman, published in the newspapers,
will not be very remote from this Territory : And whereas, his
great talents, his extended fame, his chivalrous devotion to his
country, his Roman eloquence, and his long career of eminent pub-
lic service in almost every station of the Government, render him
not alone the pride and boast of a particular party or section of the
United States, but an object of distinguished consideration to the
whole American people : And whereas, it is a rule sanctioned no
less by the amenities of society than by high official usage, that no
suitable occasion should bs omitted for paying that respect which
it merits, to such a rare combination of moral and intellectual qual-
ities as attaches to this illustrious citizen : And whereas, to see and
converse with such a man and tender to him the hospitalities of the
people of this Territory, would form an occasion of extraordinary
interest:
Be it therefore resolved by the Senate and House of Representa-
tives of the Territory of Florida, That his Excellency, the Gover-
nor, be requested to communicate with Mr. Clay, assuring him of
the high respect entertained for his character and public services
by the Legislature and people of this Territory and inviting him to
visit the Capital during the present session, or at such other time
as may comport with his convenience.
Resolved, That his Excellency be also requested to enclose a
copy of the foregoing Preamble and Resolutions to Mr. Clay.
Mr. Walker, from the Judiciary Committee, reported sundry
bills to that Committee referred, viz :
An Act to amend an act incorporating the city of Apalachicola,
approved 2d Feb. 1838, with an amendment.
An Act to change the time of holding the Superior Courts in
Gadsden and Leon Counties, without amendment.
An Act in relation to Slaves and Colored Persons, on which bill
the Committee make an unfavorable report.
The Committee also make an unfavorable report on the bill enti-
tled, An Act in addition to the acts regulating Judicial Proceedings.
A bill relating to Corporations, reported with amendments.
A bill entitled, An Act to amend the law on the subject of Chan-
cery Proceedings, reported from the Committee without amendment.
An Act to authorize the Clerk of St. Johns County to refund cer-
tain taxes by him collected for County purposes ; on which bill the
Committee make an unfavorable report.
An Act in relation to administering oaths, wilh an amendment.
The Joint Select Committee in relation to Marvin's Code, made
the following
REPORT:
The Joint Select Committee, who were appointed to wait upon














the Hon. Wm. Marvin, and confer with him respecting the amount
necessary to compensate him for the services rendered in revising
the Statutes of Florida, have discharged that duty, and beg leave to
report:
That his Honor, Judge Marvin, declines naming any amount as
such compensation ; particularly as his code has not met with that
reception which was desired and expected. But your Committee,
taking into consideration the labor and time necessarily expended
in accomplishing a work, valuable for its system, excellence and
adaptation to the wants and circumstances of the citizens of Flori-
da, as also the resolution of the Legislative Council, passed at its
session in 1841, inviting him to undertake the revision, would re-
spectfully recommend the adoption of the following resolution:
Resolved by the Governor and Legislative Council of the Territory
of Florida, That the Territory of Florida is justly indebted to the
Hon. William Marvin in the sum of twenty-five hundred dollars for
services rendered the Territory in revising her Statutes.
Resolved further, That the Treasurer of the Territory be required.
and he is hereby authorized to pay to the Hon. William Marvin, or
his order, the aforesaid sum of $2,500, out of any moneys which
are or may be in the Territorial Treasury.
JOHN C. PELOT,
Chairman Select Committee on the part of the Senate.


The following Enrolled Bills, and Preambles and Resolutions
were received from the House of Representatives, and signed by
the President and Secretary of the Senate :-
An Act to amend an act organizing Wakulla county.
An Act to incorporate the Town of New Port.
Preamble and Resolutions, asking an appropriation by Congress.
to open an inland water communication from St. Augustine to Cape
Florida.
Preamble and Resolutions, asking Congress to re-appropriate a
sum for clearing out obstructions in the Ocklawaha River, &c.
Preamble and Resolutions, asking Congress to appropriate twenty
thousand dollars to clear out obstructions in the Choctawhatchie and
Holmes Rivers.
Resolutions asking of Congress the establishment of a Chamber
of Commerce at Key West.
ORDERS OF THE DAY.
An Act to change the time of holding the County Court in Madi-
son County, from the House of Representatives, came up on a
third reading, but was laid on the table on motion of Mr. Livingston.
The following Bills, and Preambles and Resolutions, from the
House of Representatives, were read the third time and passed.
An Act to authorize John L. Taylor and V. J. Strickland to es-














tablish a Toll Bridge across the Ocilla River, at the Indian Trail;
On motion, the Senate resolved itself into a Committee of the
Whole, Mr. Yonge in the Chair, and after some time spent therein
the Committee rose, and reported the bill with amendment;
Mr. Pelot moved to strike out the word two" in the fourth sec-
tion, and insert one," so as to read shall fail to erect the said
bridge within one year," &c.
On which motion the yeas and nays were called for by Messrs.
Cooper and Long, and were :
YEAS-Mr. President, Messrs. Baltzell, Haughton, Livingston,
Pelot, Ramsay, Walker-7.
NAYs-Messrs. Cooper, Long, Priest, Smith, Yonge-5.
So the amendment prevailed.
The bill was further amended on motion of Mr. Pelot, and passed.
Ordered, that the title be as read.
An Act to incorporate the West Florida Collegiate Institute, was
passed without amendment.
Ordered, that the title be as read.
Preamble and Resolutions, relative to a mail route from Alliga-
tor. Florida, to Centreville, Ga., were adopted.
Preamble and Resolutions, asking an appropriation of Congress
for clearing out obstructions in the navigation of Gum Swamp, were
adopted.
Preamble and Resolution asking of Congress an appropriation for
repairing the road leading from Tampa Bay to Palatka, were adopted.
An Act to impower John Q. NVorthington, a minor, to assume the
management of his own estate, from the House of Representatives,
was referred to the committee on the Judiciary.
An Act to divorce William H. Brouss of Calhoun county, from
his, wife, Sarah Ann Brouss, from the House of Representatives
was, on motion of Mr. Livingston indefinitely postponed.
An Act to incorporate the Trustees of the Presbyterian Church
of lamonia, was amended on motion of Mr. Pelot, and ordered to a
third reading on to-morrow.
An Act to authorize Joseph Forsythe to build a Bridge across
Pond Creek, in Santa Rosa county, was read the second time and
ordered to a third reading to-morrow.
An Act to divorce Martha Conner of Leon county from her hus-
band James Conner, was, on motion of Mr. Long, postponed indefi-
nitely.
An Act to establish and organize a Mayors' Court for the city of
Apalachicola, was read the second time and referred to the Commit-
tee on the Judiciary.
Preamble and Resolutions asking for a mail route from Palatka
to Tampa Bay via. Micanopy, &c., were read the second time and
ordered to a third reading to-morrow.
Joint Resolution on the subject of a Territorial Revenue, was on
motion of Mr. Baltzell laid on the table.
An Act to amend an act fixing the time of holding the Superior















Courts of the Apalachicola District, from the House of Representa-
tives, as reported from the Select Committee, to which it was re-
ferred, with amendments, was read and concurred in, and ordered-
to a third reading to-morrow.
An Act to repeal the Revenue System of the Territory of Florida,
&c., came up for a second reading, but was, on motion of Mr. Balt-
zell, laid on the table.
An Act to incorporate the Tallahassee Law Library Association,
was read the second time, and ordered to be engrossed for a third
reading to-morrow.
A memorial from a meeting of the citizens of Tallahassee, &c.,
on the subject of Mail derangements, was received and read.
HON. GEORGE WALKER,
President of the Senate, Legislative. Council:
Sit :-A public meeting of the citizens of Florida, held in this
city during the present week, adopted the enclosed memorial in
reference to the mail routes throughout the Territory, and also a
a resolution to lay the same before both Houses of the Legislative
Council of the Territory, requesting their co-operation in the mea-
sures proposed in the memorial.
The undersigned, officers of said meeting, beg leave, through
you, to present the said memorial to the honorable Senate.
Respectfully, &c.,
JOHN P. DuVAL, Chairman.
Tios. T. RUSSELL, Secretary.


To the HON. CHARLES A. WICKLIFFE,
Post Master General
The undersigned memorialists, citizens of the Territory of Flori-
da, respectfully represent, that serious injury is sustained by the
irregularity and uncertainty of mail communications throughout the
Territory, and particularly from the numerous failures of the North-
ern mail, via Charleston, Savanna.h, Macon, &c. As one evident
cause of the great irregularity of the Mail from Macon, south, is the
change which has recently been made at the Post Office department
at Washington, or by law of Congress, of transferring the mail route
by the old Alligator Line, down the east side of Flint River to the
west side of said River, by which change, Flint River has to be
crossed twice, and a much worse and longer road to be encounter-
ed, running through a broken oak and hickory country, intersected
by deep streams and heavy clay hills, which in good weather de-
lay the mail at least ten hours, and in time of high water, cause
it to be obstructed altogether for weeks at a time. Your memori-
alists respectfully request that the old Alligator route down the east
side of Flint River may be restored, believing that it is the best
road for the same distance in all the southern part of Georgia, pass-
ing over high and dry pine lands, without crossing the Flint River














at all, and having but one or two streams to cross, neither of which
are subject to high waters. Whilst the Mail was carried over that
route, few, if any interruptions occurred in Georgia, and it is a fact
well known to all who feel an interest in the mails in this region
of country, as well as to all travellers over that route, that during
the contract of the Messrs. Stockston, the Alligator Line was the
most regular and convenient mail line that has ever been establish-
ed in this country.
Your memorialists would therefore respectfully beg leave to re-
commend the restoration of the mail by the old Alligator route to
Quincy-thence to Rock Bluffon the Apalachicola River and on to
Marianna. This change of the route from Quincy to Marianna
would be a very decided improvement, as it would shorten the dis-
tance from ten to fifteen miles and cross the Apalachicola and Chip-
pola Rivers at much better places than the old route, besides af-
fording a much better road.
Your memorialists beg leave further to state that they are credi-
bly informed that the mail is now transported from Savannah, Geo.,
to Jacksonville, East Florida, by steamboat-that from Jackson-
ville to Tallahassee, as appears by the public surveys does not ex-
ceed one hundred and fifty-four or one hundred and fifty-five miles,
Jacksonville being in Range twenty-six, Township two, Section
nine, south and east from Tallahasssee-that the whole country
between those places is highly susceptible of a straight and com-
fortable road, which could not exceed one hundred and sixty or
one hundred and seventy miles-the mail on that route, with pro-
per post coaches, travelling at the rate of five miles per hour might
be transported between Jacksonville and Tallahassee in thirty-three
or thirty-four hours. If from this place, (Tallahassee,) the New
Orleans Mail, brought by Jacksonville, was transported to St.
Marks on the Rail Road, and thence to New Orleans by steamboats
or schooners with propellers, it is believed it would reach New Or-
leans in fiJty hours more, making from Jacksonville to New Or-
leans, on the proposed route, the time about eighty-three or eighty-
four hours.
It is confidently believed that a steamer or schooner with propel-
lers, direct from Wilmington N. C., to Jacksonville, East Florida,
would make the run at sea in about thirty-six hours ; making the
whole time from Wilmington to New Orleans about one hundred
and twenty hours or five days, and from Washington to New Or--
leans about six and a half days.
Your memorialists believe on good authority, that on the route
from Tallahassee to Jacksonville, but five obstructions of water
courses intervene to obstruct mail transportation, even at the great-
est freshets. Four of them are susceptible of bridges at a small"
expense ; and the other, (the Suwannee river), with proper arrange-
ments, at all times susceptible of being ferried. This route would-
need a small appropriation to render it fit for mail coaches, but it is,
believed would be very speedy and highly advantageous to. be adopt-
13














eu ior the transportation of the mail between New Orleans and all
the eastern commercial cities. Your memorialists think it highly
deserving the serious consideration and investigation of the Post
Office Department.
There is at present a weekly mail between Jacksonville and Tal-
lahassee, running in a meandering course through the country, mak-
ing the distance between the two places little less than double that
by a direct route. The rapid settlement of the country east of the
Suwannee will speedily require mail facilities extended to the set-
tlers. From this main, direct route through the Territory, cross
mails might supply all the necessary wants of the inhabitants, and
could be furnished at a small expense to the Post Office Depart-
ment.

An Act to Incorporate the Townships of this Territory, came
up on a second reading, and on the motion of Mr. Baltzell, the Se-
nate resolved itself into a Committee of the Whole, Mr. Haughton
in the Chair, and after some time spent therein, the Committee
rose, and reported the bill with sundry amendments, in which the
Senate concurred.
On motion, the Senate adjourned until to-morrow, 10 o'clock.


WEDNESDAY, February 14th, 1844.
The Senate met pursuant to adjournment. A quorum being
present, the Journal of yesterday was read and approved.
Mr. Walker moved that the several communications of his Ex-
cellency, the Governor, making nominations, which lie on the table,
be taken up and placed among the orders of the day for to-morrow.
Also, the Resolutions in relation to the election of certain officers,
by a joint vote of both Houses of the Legislative Council.
Which motions prevailed.
Mr. Pelot moved to reconsider the vote taken yesterday, on the
bill to authorize John L. Taylor and J. V. Strickland, to establish a
Toll Bridge across the Ocilla River, at the Indian Trail.
Which motion prevailed, and the bill was placed among the orders
of the day.
Mr. Haughton moved that the Preamble and Resolutions intro-
duced by him yesterday, in relation to Mr. Clay, be made the spe-
cial order of the day for to-morrow.
Which motion prevailed.
Mr. Yonge gave notice that he will, on a future day, ask leave
to introduce a bill concerning Hawkers, Pedlars, and itinerant
Traders.
Mr. Haughton gave notice that he will, at a future day, ask leave
to introduce a bill in relation to the change of venue in criminal
.ases.
.Mr. Walker, in accordance ,with notice given, asked and obtained














leave to introduce a bill entitled, An Act to provide for appeals and
writs of errors in criminal cases.
Which was read, and placed among the orders of the day.
Mr. Walker introduced the following Resolutions, which were
read :-
Resolved by the Governor and Legislative Council of the Territo-
ry of Florida, That our Delegate in Congress be requested to have
established by law, if practicable, a mail route from St. Marks to
Key West, via Cedar Keys, Tampa Bay and Manatee, twice a month.
Be it further resolved, That a copy of these resolutions be for-
warded to the Hon. David Levy, and the Post Master General of
the United States.
Mr. Long offered the following resolution, which was read.
Resolved by the Senate, That the Judiciary Committee be instruct-
ed to enquire into the expediency of conferring the power to the
County Courts, of granting charters for ferries and toll bridges, and
report by bill or otherwise.
Mr. Walker offered the following resolutions, which were read.
Resolved by the Governor and Legislative Council of Florida,
That our Delegate in Congress be requested to use his best exer-
tions to procure an appropriation of four dollars per diem, for the
payment of the Rev. Dr. Yeager, for his services as Chaplain of
the Senate, and a similar compensation for the Chaplain of the
House of Representatives during the present session, and that al-
lowance be made in each annual appropriation to pay such officers.
Be itjurther resolved, That a copy of these Resolutions be sign-
ed and forwarded to the Hon. David Levy, our Delegate in Con-
gress.
On motion, the rule was waived, the Resolution read a second
time, and ordered to be engrossed; and was read a third time, and
adopted.
Mr. Long offered the following Preamble and Resolutions:
WHEREAS, Col. Dempsey Pittman, of the Third Regiment of
Florida Militia, was called into the service of the United States,
by an order emanating from an officer of the army of the United
States, to aid in the removal of a certain tribe of Indians, then
situated on the frontier of Jackson county : And whereas, the said
Col. D. Pittman has, as yet, received no compensation from the
United States for his services : And whereas, the Legislative Council
did, at the session of 1840, pass certain resolutions, recommending
the matter to the consideration of the proper Department at Wash-
ington :
Be it therefore Resolved by the Govvrnor 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 procure the pas-
sage of a law by Congress, providing the payment for services
rendered by this meritorious officer.
Be it further resolved, That a copy of these Resolutions, together
with a copy of the Resolution approved 2d March, 1840, in relation














to the matter, be certified by the proper officers of the Legislative
Council, and transmitted to the Hon. David Levy.
Which were read.
Mr. Pelot, from the Committee on the Militia, made the following
REPORT:
The Committee to whom was referred a bill fiom the House of
Representatives, to organize an independent company of artillery,
to be called the Florida Artillery Company, return the bill back to
the Senate requesting that it may be sent to the House whence it
originated, in order that it may be engrossed, as it is impossible for
the Committee fully to understand the object of the bill in its pre-
sent shape.
(Signed) JOHN C. PELOT,
Chairman Militia Committee.
Which was read and received.
Mr. Livingston, from the Committee on the State of the Territo-
ry made the following
REPORT:
The Committee on the State of the Territory report, without
amendment, a Resolution from the House respecting the Census
Returns ; also a Preamble and Resolutions from the House relating
to Light Houses ; and a Preamble and Resolutions from the House,
asking the Delegate in Congress to make an earnest appeal to the
government of the United States, for the payment of losses of pro-
perty suffered from Indian depredations.
(Signed) M. C. LIVINGSTON, Chairman.
Which was read and received.
A communication was received from the House of Representa-
tives.
The House has appointed Messrs. Barkley, Shaw and McClellan,
a Joint Committee on the part of the House, to act with a similar
Committee of the Senate, on a memorial of the citizens of Florida,
to the Post Master General, on the subject of mail communications.
The following Bills, Preambles and Resolutions, were received
from the House of Representatives, and read the first time, and
ordered to a second reading.
An Act to incorporate the town of Milton.
An Act to incorporate the Protestant Episcopal Church at Mon-
ticello.
An Act to change and alter the name of Susan E. Johnson to
that of Susan J. Edmonds.
An Act to change the time of holding the County Court of Santa
Rosa county.
An Act to authorize William Cason to establish a ferry across
Santa Fee river at Fort White. *
An Act to authorize Lewis B. Davis to establish a ferry across
the Suwannee River, at a place known as Booth's Spring.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs