HOJJSE JOURNAL.
A.

JOURNAL OF THE PROCEEDINGS

OF: THE

HOUSE OF REPRESENTATIVES,

;OF THE

SECOND GENERAL ASSEMBLY

OF THE

AT ITS

FIRST SESSION,

BEGUN AND HELD IN THE CITY OF TALLAHASSEE, ON MONDAYt
23D NOVEMBER, 1846.

AT THE CAPITOL.

TALLAHASSEE:
PRINTED AT "SOUTHERN JOURNAL" OFFICE.

1846.

0

i-i 17

It-~

JOURNAL
OF THE

HOUSE OF REPRESENTATIVESr

MONDAY, 23d November, 1846.
SOn which day, being the day fixed by the Constitution of this State
for the meeting ot the General Assembly, at 11 o'clock, A. M., Mariano
D. Papy, Clerk to the late House of Representatives, called the mem-
bers elect to order and proceeded to call the roll by counties, when the
following named members appeared and presented the evidence of their
election:
From Benton County-Charles Russell.
From Calhoun county-Napoleon B. Stone.
From Escambia county-Owen M. Avery.
From Franklin county-James F. Farrior.
From Gadsden county-Wm. H. Gibson, Lewis Gregory, John G.
Smith, and Philip A. Stockton.
From Hamilton county-Francis Broward.
From Hillsborough county-William Hancock.
From Jackson county-Owen Williams.
From Jefferson county--Joseph L. Cooper, and John Finlayson.
From Leon county-Simon Towle, Thomas K. Leonard, George
Monroe, and William M. Maxwell.
From Madison county-John Westcott and Malcom M. McIntosh.
"From Marion county-John G. Reardon.
From Orange county-Aaron Jernigan.
From Santa Rosa county-Elijah Gailor.
From Walton county-George D. Fisher.
From Washington counly-Stephen Daniel.
Mr. Towle moved that the members present be now sworn by the
Hon. James E. Broome, Judge of Probates for the county of Leon.
Which prevailed.
D Whereupon the oath required by the Constitution of this State was
administered by the Honorable James E. Broome, Judge of Probates
for Leon county, to the following named members, to wit :
Charles Russell, O. M. Avery, James F Farrior, William H. Gib-
son, Lewis Gregory, Philip A. Stockton, Owen Williams, Joseph L.
Cooper, John Finlayson, Simon Towle, Thomas K. Leonard, George
Monroe, William M. Maxwell, Malcom M. Mclntosh, John G. Rear-
don, Elijah Gailor, George D. Fisher and Stephen Daniel.
There being no quorum sworn in, on motion of Mr. Towle the mem-
bers adjourned till to-morrow morning, 11 o'clock.

S154576

rE~

4

TUESDAY, November 24, 1846.
The members met pursuant to adjournment, and the journal of yes-
terday's proceedings was read and approved.
The following named members who were not qualified on yester-
day, were on motion, sworn by Hon. Edward M. West, a justice of
the peace for the county of Leon, to wit: John Westcott, Napoleon B.
Stone, Francis Broward, Aaron Jernigan, John G. Smith, and William
Hancock.
James M. Gould, of St. Johns county, John Tanner and Benjamin
Wynn, of Jackson county, Antonio A. Canova, of Duval county, Louis
Aldrich,of Alachua county, Joseph Woodruff, of Wakulla county,
William D. Ward, of St. Lucie county, and Elisha Carter and Robert
Brown, of Columbia county, severally presenting certificates of their
election to the House of Representatives, were sworn as members of
the House by the Hon. Edward M. West, a justice of the peace for
Ledn county.
On motion of Mr. Westcott, Mr. Brown was appointed chairman
until the election of a speaker.
On motion of Mr. Leonard,a prayer was then offered to the throne
of grace by the Rev. William Choice.
Mr. Westcott moved that the House now proceed to the election of a
speaker, which motion prevailing,
Mr. Reardon nominated Robert Brown, of Columbia, and Mr. Stock-
ton nominated Simon Towle, of Leon.
Mr. Brown retired from the chair, and at his request, Mr. Westcott
acted, pending the election.
The following is the result of the voting :
FoR ROBERT BROWN -Messrs. Aldrich, Broward, Canova, Carter,
Cooper, Daniels, Finlayson, Gailor, Gould, Hancock, Jernigan, Rear-
don, Russell, Smith, Stone, Towle, Ward, Westcott and Wood-
ruff-19.
For SIMON TowLE-Messrs. Avery, Farrior, Fisher, Gibson, Greg-
ory, Leonard, Maxwell, McIntosh, Monroe. Stockton, Tanner, Will-
iams and Wvnn-13.
Mr. Brown voted for William R. Taylor.
Mr. Brown having received a majority of the whole number of votes
was declared duly elected speaker of tlie House of Representatives.
On motion of Mr. Reardon, a committee consisting of Messrs.
Reardon, Gould, and Towle was appointed to conduct the speaker
elect to the chair, who, upon taking the chair, addressed the House as
follows:
Gentlemen of the House of Representatives:
Permit me to tender you my sincere acknowledgements for the honor
you conferred on me in calling me to preside over your deliberations.
Distrusting, as I do, my ability to discharge the functions appertaining
to the chair, appropriately, I shall have to draw largely and often upon
that kindness and partiality which you have just extended to me with
such uuhesitating cordiality.
I shall endeavor to discharge my duty as your presiding officer,
faithfully and impartially, strictly enforcing such rules and regulations
as you in your wisdom may adopt for your government. I hope the ses-
sion may be peaceful and prosperous, and this hope I am confident is re-
ciprocated on your part.

"^,~

Gentlemen, my duties I know are as arduous as they are responsible
But I shall endeavor to discharge them with fidelity, knowing no par-,
ty but the people, and no locality but the State.
On motion of mr. Westcott, the House then proceeded ti the elec-
tion of a Clerk.
Mr. Aldrich nominated Mariano D. Papy, and mr. Leonard nomi-
nated Wilkinson Call.
The following is the result of the voting:
For PAPY: messrs. Aldrich, Broward, Canovr, Carter, Cooper,
Daniels, Finlayson, Gaylor, Gould, Hancock, Jerr gan, Reardoa, Rus-
sell, Snnth, Stone, Ward, Westcott, Woodruff aid mr Speaker; 19.
For CALL: messrs. Avery, Farrior, Fisher, Gibson, Gregory, Leo-
nard, Maxwell, Mclntosh, Monroe, Stockton, Tanner, Towle, WVil-
Sliams and W ynn; 14.
Mr. Papy, having received a majority of the whole number ofvotes,
was declared duly elected Clerk to the House, and was sworn in by
the Speaker.
On motion of mr. Ward, the House then proceeded to the election
of Sergeant-at-Arms.
Mr. Smith nominated William Blount, and mr. Maxwell nominated
N. A. Jameson.
The following is the result of the voting, viz:
For BLOUNT: messrs. Aldrich, Broward, Canova, Carter, Cooper,
Daniels, Finlayson, Gaylor, Gould, Hancock, Jernigan, Reardon, Rus-
sell, Smith, S:one, Ward, Westcott, Woodruff and Mr. Speaker; 19.
For JAMESON: messrs. Avery, Farrior, Fisher, Gibson, Gregory,Leo-
nard, Maxwell, McIntosh, Monroe, Stockton, Tanner, Towle, Wil-
liamsand Wynn; 14.
Mr. Blount, having received a majority of the whole number of
votes, was declared duly elected Seigeant-at-Arms.
On motion of mr. Towle, it was ordered that the officers of Door
Keeper and Messenger be combined in one person.
The House then proceeded to the election of Door Keeper and
Messenger.
Mr. Towle nominated Waller Taylor, and mr. Broward nominated
"Samuel B. Foster.
The following is the result of the voting:
For TAYLOR: messrs. Avery, Farrior, Fisher, Gibson, Gregory, Leo-
nard, Maxwell, Monroe, Stockton, Tanner, Towle, Williams: and
Wynn; 13.
For FOSTER: messrs. Aldrich, Broward, Canova, Carter, Cooper,
Daniels, Finlayson, Gaylor, Gould, Hancock, Jernigan, McIntosh,
Reardon, Russell, Smith, Stone, Ward, Westcott, Woodruff and Mr.
) Speaker; 20.
Mr. Foster having received a majority of the whole number of votes
was declared duly elected Door Keeper and Messenger.
The Seargeant-at-Arms and Door Keeper were then severally sworn
in.
On motion of mr. Westcott, ordered that a message be sent to the
Senate, informing that body that a quorum of the House of Repre-
sentatives is assembled, that they have elected Robert Brown, one of
the members, from Columbia, Speaker, and are now ready to proceed
to business, and that the Clerk do go with said message.

6

Mr. Towle moved that the House now go into the election of an
Assistant Clerk; Which was lost.
Mr. Westcott moved that the House take a recess till 3 o'clock, p.
m.; whichlwas lost.
Mr. Towle moved that the House adjourn till 10 o'clock, to-morrow
morning; which was lost.
On motion of mr. Smith, the House took a recess till half-past 3
o'clock, p. m.

Half past 3 o'clock, P. M.
The House met, and upon the calling of the roll, a quorum was
found to be present.
Mr. Westcott offered the following Resolution:
Resolved, That a committee be appointed on the part of the House
to join such con-mittee as may be appointed on the part of the Senate,
to wait on the Governor and inform him that a quorum of the two
Houses is assembled, and that the General Assembly is now ready to
receive any communication he may be pleased to make.
Which being adopted, messrs. Westcott, Gould and Towle were
appointed said committee.
Mr. Gould offered the following resolution:
Resolved, That the Chief Clerk supply each member of this House
with stationery, and keep a memorandum of the amount delivered to
each member by him, to be entered upon the Journals at the end of the
session.
Mr. Towle offered the following as a substitute therefore, viz:
Resolved, That the Clerk of this House be authorized to purchase
thirty dollars worth of stationery for the use of the members of this
House, and that he distribute the same as necessity requires, keeping
an exact account of the amount received by each member.
Which was adopted.
Mr. Westcott offered the following resolution, viz:
Resolved, That the Standing Rules and Orders of the last House
of Representatives of Florida, be and are they hereby made the rules
and orders of this House for the next ensuing five days, and that a com-
mittee of five members be appointed to revise said rules and orders,
and report within the said five days such alterations and amendments
as may be deemed advisable.
Which was adopted, and Messrs. Westcott, Towle, Woodruff, Rear-
don and Ward were appointed said committee..
Mr Westcott offered the following resolution:
Resolved, That the several standing committees named in the rules
of the last House of Representatives, be appointed by the Speaker.
Which was adopted.
A committee from the Senate was received, who informed the House
that the Senate was organized, and that they were also instructed to
wait on his Excellency the Governor, in concert with a committee on
the part of the House, and inform him that the General Assembly was
now organized, and ready to receive any communication he may de-
sire to make.
The Committee appointed to wait on the Governor returned and re-
ported that they had performed the duty assigned them, and that the

Governor expressed his intention to make an immediate communication
in writing to both branches of the General Assembly.
The following message was received from his Excellency the Go-
vernor:
Gentlemen of the Senate
Sand House of Representatives :
In the discharge of a high and imperative duty imposed upon the Executive
at the commencement of the annual sessions of the General Assembly, your at-
tention is invited to a brief statement of the condition of the Government for the
current year, and to the consideration of such matters recommended, as will, in
the judgment of the Executive, if adopted, promote the interest, prosperity and
happiness of our beloved Commonwealth.
In commencing, however, the labors devolving upon us, as public function.
ries, and feeling, as we doubtless do, the sacredness of our obligations for their
faithful discharge, we should not be unmindful of a still higher and more sol-
emn obligation to the "giver of all good and perfect gifts," in "whose keeping
is the destiny of nations and of men"--for the rich bounties of His providence in
the multiplied blessings which we have enjoyed; and to invoke, with becoming
humility, that aid in the discharge of our high responsibilities, without which
all our efforts for the common good, however well intended, will be wholly inef-
fectual.
As regards the products of our soil, it is a source of no ordinary satisfaction
that, notwithstanding a partial failure in the annual supply of the great agricul-
tural staple of the south, other products have richly rewarded the labors of the
husbandman.
Good health has generally prevailed; and the general prosperity of the people
in their varied industrial pursuits, has at no time presented more flattering
prospects for the encouragement of skill, enterprise and industry. Our great so-
cial interests have been steadily promoted, crimes have gradually diminished
:and morality improved.
Such a state of things may well inspire us with devout thankfulness-with in-
creasing attachment to our civil and religious institutions-and with renewed
zeal in our efforts at self-government.
Among the most interesting subjects which will probably engage your delib-
erations at the existing session, and one, therefore, to which your attention is
earnestly, but respectfully invited, is the judicious disposition of the public
lands, granted by the General Government to the State, in trust, for the purpose
of promoting "Common Schools and Universities," and for'the developmcit of
"the resources of the State by "Internal Improvement."
Primary schools as a means of diffusing elementary instruction. among the
great mass of the people, even in governments where ignorance has heretofore
been used as the hand-maid of tyranny and oppression, are now fostered by lib.
eral endowments, and patronized with a zeal indicating the solicitude which is
felt for their successful establishment.
In a government then, like ours, based as it is on equality of rights and priv-
ileges, and whose greatest security for perpetuity depends upon the virtue and
intelligence of the people, the liberal support and patronage of such institutions
should be a subject of the deepest concern to all, and especially deserving the at-
tention of the Representatives of the People.
In a matter, then, of such vital importance, not only to the youth of the State,
but to our respectability as a sovereign and independent government, as well as
to the perpetuity of our beloved institutions, it is deeply to be regretted that
such ample means for the accomplishment of ends so desirable, should have
been thus long not only wholly useless, but what is much more humiliating,
shamefully neglected or criminally squandered.
The apathy heretofore manifested by all, (those alone excepted. who were in
the actual possession of these charitable funds, and that, too, for nominal con-

siderations,) readily accounts for the inefficiency of the legislation heretofore
had in regard to them.
It is true that many efforts, oy as many legislatures, for consecutive years,
were made to protect this property from the destruction which manifestly awaited
it; yet bo feebly have they been enforced,,that the trespasser has enjoyed, Without
even reproach, his ill-gotten gains. The lands, in many instances, have been
exhausted.
In the year 1843, the Legislature organized a Board of Trustees of the Sem-
inary lands, under whose superintendence they were placed. It affords me
pleasure to assure you, that by the vigilance, zeal and industry of that Board,
many of the abuses heretofore successfully practised by lessees and trespassers,
have been promptly corrected. The Board, nevertheless, renders its services to
the public without pecuniary compensation, and of course cannot be presumed
to discharge the trust with that active zeal which a compensation would insure.
Few of us are so fortunately situated as to be enabled to render valuable services
to thepublic without indemnity for the loss which our private interests would
thereby sustain.
It is, therefore, a matter submitted to your patient and deliberate consideration
to devise a more perfect system, by which a fund susceptible of such vast impor-
tance to the State, and more especially to those who are to succeed us, may be
made to answer the purposes for which it was intended.
* Experience has fully tested the inefficiency of all former legislation. Leases
have resulted in the waste of the land, without any valuable addition to the fund.
Without intending to dictate to the Legislature the particular course which it
ought to adopt, I may be permitted to remark that, from a careful examination of
'the whole matter, and after having given it that deliberation and reflection to
which it is so eminently entitled, the convictions of my judgment are, that as
to all grants where it is necessary to obtain the assent of Congress for power to
sell, such application should be made, and that such, and all others, belonging to
the state, should be offered for sale, at such times and on such terms, or with
such limitations and restrictions as to the quantity offered, and time and mode of
payment, as a proper regard for the safety of the fund may suggest; and that
the proceeds of such sales shall be inviolably applied, at some future period, to
the purposes for which they were originally intended.
For more valuable and detailed information upon this entire subject, your at-
tention is respectfully invited to the interesting and lucid report of the
Trustees of the-Seminary Lands, which will be laid before you at an early day.
It will be observed, by referring to an act of Congress passed on the 4th of
September, 1841, that this state is entitled to 500,000 acres of land, to be selec-
ted and located within its limits, for purposes of "Internal Improvement." It
will also be seen by referring to a report herewith submitted to you, that a portion
of the lands recently located under the authority of an act of the last General
Assembly, "Providing for the appointment of a Register of Public Lands," have
been reserved from the School fund, with the view of setting them apart for In-
ternal Improvements. Whatever may be the determination of the General As-
sembly with regard to the ultimate disposition of these lands, it is recommended
that no portion of them at present, be applied to purposes of Internal Improve.
ment. With the latter, as with the School Lands, it is recommended that they
be sold, and the proceeds invested temporarily in such securities as will yield a
certain annual income to the fund.
To those who are familiar with the history and progress of Internal Improve-
ments in many of the States possessing advantages in wealth and population
vastly superior to Florida, no argument need be advanced in support of the po-
sition here assumed, that any attempt, at present, to engage extensively in
works of this description, with the funds now under our sole control and man-
agement, will result in their expenditure without commensurate advantages to
-the State.

The subject, however, is submitted with the conviction that it will receive
the attention to which it is entitled.
At the last session of the General Assembly, an act was passed to establish
the office of Register of Public Land. for this State, with an alnendatory act
of the same session, vesting in ihe Executive the appointment of a Register, up.
on the failure of the Legislature to make such appointment. The Legislature
adjourned without having made such selection. It is very evident, from the
deep interest that was manifested by that body in its frequent and fruitless at-
tempts to fill the office, that no ordinary importance was by it ati ached to its
responsibility. When this high responsibility was thus thrown upon another de-
partment of the Government, it is but reasonable to suppose that this new de-
pository o1 the trust was not insensible to its magnitude. It was from this, and
other considerations, that no appointment has been made. The duties of that
office were undertaken by the Executive, and have thus far received that share
of attention to which, it is believed, they were so eminently entitled. How far
they may have been performed to the satisfaction of the Legislature, can only
be determined by a careful ex minationof 'lhiat has been done.
'o secure as much valuable land as was practicable, it became necessary to enter
upon the discharge of the trust immediately after the adjournment of the Leg.
islature. With this view, two agents, of the highest respectability, and of ac-
knowledged worth as practical surveyors, were selected and appointed, with
limited contracts, for the Eastern and Southern, two for the Middle, and two for
the Western Districts of the State. Th us far these agents have discharged their
duty to the satisfaction of the appointing power; and, it is belicvcd, within the
spirit and letter of their written contracts. For a detailed statement of the con-
tracts entered into, with the quantity and valuation of the lands located, you are
respectfully referred to a report which will be submitted for your examination
at an early day of the session.
As this matter will be incorporated in the report of the President of the Board
of Trustees of the Seminary Lands, I shall dismiss it for the present with the re.
mark, that upon full and practical experiment of the late law establishing that
office, I feel it to be a duty to recommend its repeal, or such a modification or
amendment, as will provide for the sale of at least a portion of the lands, and
for the investment of the proceeds of such sale in some safe and productive
stock.
Whatever the Legislature may do in this respect, a sale of so much, at least,
should be made as will meet the expense of locating. At present, that expense-
is met by drafts upon the public treasury, and the five per cent. and School land
funds; and by the Treasury, exclusively for lands for Internal Improvement.
In the reports of the financial officers of the Government, herewith transmit-
ted, you have a clear, distinct and lucid statement of the condition of the Trea-
sury, and of its receipts and expenditures for the last fiscal year. All of which,
it is earnestly desired, may receive from you the strictest examination, to the end
that any impolitic legislation heretofore had, (if any there be,) in regard to de-
mands upon the treasury, or in extravagant or useless expenditures of the public
money, may be amended. To any and every expenditure of the public funds,
without a corresponding benefit to the people, from whose earnings such expen.
diture is withdrawn, it is the duty;oftheir representatives, in discharge of the trust
confided to them, to apply a corrective.
"Rarely do the mass of the people complain of taxation as a burthen, when
they know that its proceeds will be judiciously and honestly disbursed. They
are fully sensible of the necessity of Government as a security for their lives, lib-
erty and property, and that it can only be sustained by their pecuniary contri-
butions. When, therefore, so much only is demanded as is necessary for an e-
conomical administration of Government-when they see those to whom it is en-
trusted actively engaged in the discharge of their various functions, and in
the receipt only of a liberal compensation for their services-the contribution, I
la

8b

repeat, is ever made, not grudgingly, but with promptness, evincive of the pat-
riotic spirit with which it is made.-
In regard to the amount which the ordinary demands upon the Treasury for the
last fiscal year may require, it affords me pleasure to assure you that the present
rates uponi the property taxed, if collected, will be amply sufficient. N everthe-
less, it will be indispensably necessary, in order to estimate future demands with
reasonable certain -, that important amendments should be made to the existing
laws which provide for the contingent expenses and criminal prosecutions,
within the jurisdiction of the Circuit Courts.
By referring to the report of the Comptroller of Public Accounts, it will be
seen that a large proportion of the demands upon the Treasury are such as could
not possibly be anticipated by any human sagacity at the commencement of the
year. Whether, therefore, the amount annually assessed shall be sufficient to
liquidate all the demands that may be made upon it, must measurably depend
upon the number and amount of such claims.
To this subject, therefore, your attention is earnestly invited, with the anx-
ious desire that the laws now in force in relation to it, may be so amended as
not only to diminish the expenses referred to, but to relieve, to some extent, the
fiscal officers of the Government, as well as the Judges of the Circuit Courts,
from the responsibility imposed upo: them by the existing laws.
In connection with this subject, I take this occasion to recommend tha' a tax
be laid, of one dollar upon all suits at common Law, and of two dollars on all
bills in Chancery, to be collected and accounted for by the Sheriffs of the Coun-
ties respectively in which such suits may be instituted, to be applied exclusively
to a fund provided for the payment of the contingent expenses of the Courts in
which such suits shall originate.
A few additional remarks on this important subject, and I have done. I am
not unaware of the fact that complaints have been made to some extent that
"'the taxes are too high," and, "that the expenses of the government are unnec-
essarily extravagant." In reply to such complaints, (and as an act of justice
to those to whom the administration of the government has been entrusted) I
would most respectfully remark, that on entering upon a State Government,
many extraordinary expenses must necessarily be incurred before it can possibly
be organized. In relation to the organization of this Government, it will be re-
membered that it commenced without a dollar in the treasury; that the Gener-
al Assembly was convened and actively engaged for nearly three months within
the first six months after its admission into the confederacy; and for this, as well
as every other expense, taxes were to be assessed and paid into the Treasury,
before the first item in the account could be paid. In this statt of things it
would not be strange, if, in order to begin with good credit, the taxes should be
sufficiently high to meet the necessary demands upon the Treasury. Nothing
more was levied. All that could be collected has been applied to that purpose.
From these extraordinary expenses the state must, at no distant day, be relieved;
when, it is believed, with proper economy as to ordinary expenditures, the a.
mount assessed may be, to some extent, diminished.
In connection with the finances of the State, I will briefly refer to an act of
the last General Assembly, entitled "An Act for the protection of the Fisheries
on the coast of Florida." Pursuant to the second section of the act, commission-
- ers were appointed in the various districts bordering upon the coast, and furnish-
ed with the necessary licenses to enable such as might wish to engage in this
pursuit an opportunity of doing so, without incurring the penalties of the act.-
By the 15th section of the same act, it is made the duty of the commissioners
thus appointed, to make quarterly returns to the Treasury of the State, of all li-
censes granted, and all moneys received by such commissioner, for the privileges,
"fines, penalties and forfeitures under it, and on the first Monday of October an-
nually, to pay the same into the public Treasury. Thus far, the Act has been
literally a dead letter, no returns having been made, with the exception of two
quarterly returns from the commissioner of the county of Benton, without, how-

ever, any contribution to the treasury under its provisions. It is, therefore, rec.
ommended tha' the act be repealed or so amended as to enforce its prompt ex-
ecution. It will scarcely be pretended that since the passage of the act; these
extensive and heretofore profitable fisheries have been abandoned; nor is it
doubted that the right to tax foreigners engaged in them is as clear and un-
questionable as the right to tax any other species of property within the State;
and yet this source of revenue, profitable as it might have been, if rigidly col-
lected, is at present utterly worthless.
"For more satisfactory information, your attention is invited to a copy of the
communication from the commissioner before alluded to, in whose views on this
subject I most heartily concur.
Agreeably to the requirements of a" Act of the last General Assembly, pro.
viding for a digest of the Territorial and State Laws, approved 10th December,
1845, as also in compliance with an additional act of the same session, approved
27th Dec., 1845; which provides "for the collecting and arranging the Statutes
of Great Britain now in force in this State," a commissioner was appointed for
that purpose previously to the adjournment of the Legislature, who entered,
without delay, upon the discharge of his duties, and will be prepared to make a
report in conformity to the acts referred to, at ho distant day after the adjourn-
ment bf the present session.
I certainly do not feel myself at liberty to decide upon the merits of a work
which, when completed, it has been made my duty to approve or disapprove, as
my judgment may direct. Nevertheless, I may be permitted to say, from the
high reputation of the Commissioner, and the deep interest which he has mani-
fested, that, when completed, it will doubt less be alike creditable to the Legisla-
ture that directed,-and to the Commissioner who accomplished this arduous and
responsible task.
In fulfilment of a duty enjoined upon me by an act of the General Assembly
approved 25th July, 1845, a communication was addressed to the Hon. Secreta-
ry of the Treasury on the 14th of October of that year, a copy of which will
"be found in the appendix to the Journals of the General Assembly: p. 12, docu.
anent no, 5.
On the 25th of April last, a communication was received from the Third Aud-
itor, accompanying an account against the late Territorial Government for an
alleged balance due the United States of $95,558.69. As the letter of the Au-
Siitor does not purport to be a reply to my communication of the 14th of October,
in relation to the deposits of the public money, I am utterly at a loss to conjec-
ture with what view it was communicated, or what connection there is between
my demand for our proportion of the surplus revenue and the account furnished by
the Auditor: which professes to show that the various officers of the federal gov-
"ernment havemisapplied the public moneys placed in their hands to defray the ex-
penses of the late Indian war. If it be intended as a set-off to the claim of this
state, for its proportion of the surplus revenue, I solemnly protest against such a
charge against the State, and respectfully request the Representatives of the
People to co-operate with me in such protest.
The people of Florida will neither admit their liability for the expenses of that
war, nor for any misapplication of the funds of the Federal Government,,through
its agents or officers.
From a subsequent communication from the Hon. R. J. Walker, Secretary of
the Treasury, in relation to this subject, I have the satisfaction to inform you
that no allusion whatever is made to the above account, either as a charge
against this State for the expense of the Indian War, or as a sett-off to our
claim for our proportion of the surplus revenue. I have received no assurance,
however, that this State will receive any moneys under the provisions of the
Act ot Congress of the 23d of July, 1836, entitled "an Act to regulate the de-
posites of the public moneys," unless a sufficient proportion for that purpose
shall be recalled from the States with which the deposits were made, in con-
formity with said Act.

8d

The subject, however, was laid before Congress by Senator Yulee, at its late
session, and will, I feel assured, receive the dispassionate consideration of that
body.
The entire correspondence upon this subject, together with the account for-
warded by the Third Auditor, is on file ia the Executive Office, and will be
transmitted to you whenever it may be desired.
The five per cent. due the State, on the nett proceeds of the sales of public
lands within the State, to the first day of January, 1846, has, under the direc-
tion of the Executive been received by the State Treasurer.
At the last session of the General Assembly, a Resolution was adopted, "au-
thorising the Executive to appoint a fit and competent person to act and confer
with persons to be appointed by the Executives of Georgia and Alabama, as,
Commissioners to run and mark the boundary line between the States of Geor
gia, Alabama and Florida, in conformity with the treaty of 1795, between
Spain and the United States."
The Executive of Georgia was immediately informed of the passage of this
Resolution; and with a promptness evincive of the interest which was felt for
the result of the negotiation, appointed Commissioners on the part of his State
for that purpose. Without delay alike number was appointed on the part of
this State
I regret to add that, as yet, the Commissioners have failed to accomplish the
purpose for which the commission was raised. Their report, together with'the
correspondence, is herewith transmitted, for such further action as you, in the
discharge of your duty to the State, may deem expedient and proper.
At the request of the Executive of this State, all action between the States'
of Alabama and Florida,'in relation to. the boundary, was postponed till the
controversy between the States of Georgia and Florida should be settled. I
have now the pleasure to inform you that the correspondence has been resumed
between the States of Alabama and Florida, and that I entertain no reasonable
doubt, that the final settlement of that boundary will be made at no distant day
after your adjournment.
By the sixth section of the act to organize the Circuit Courts of this State,
passed and approved at the last session of the General Assembly, the Judges are
not permitted to preside oftener than once in two years in the same Circuit. Al-
though the provisions of the act which adopt the alternating system, are in my
judgment preferable to locating them permanently in the Circuits in which they
reside, yet, with due deference to the Legislature, it would seem to me that:
amendments might be made which would not only improve the system, but at
the same time remove many objections which are now seriously urged against it.
The Judges, by the act, are required to preside in the several Circuits in regular
succession. Let it be so amended as to give to the Judges themselves the allot-
ment of the Circuits, provided that no Judge shall be allotted to the same Cir.
cuit twice in succession. Such an amendment, with such additional provisions
as your wisdom may deem proper, would not only reserve the object which the
Legislature had in view, but lessen to no inconsiderable extent the labors and
expenses of the Judges, which they now necessarily incur from having to travel
from one extremity of the State to the other. It is believed, also, that it would
further diminish the labors of the Judges, without prejudicing the public good,
to give them the privilege of exchanging with each oth r for any court or courts
within their Circuits.
S I am not unaware of the fact, that there are those whose opinions, as distin-
guished and eminent jurists, are justly entitled to the respect and confidence, not
only of the Legislature, but of the Executive, who entertain doubts of the right
of a Judge of the Circuit Court to hold an extra term. Any doubt from such a
source, should prompt the Legislature to remove it by legislation; provided such
terms are necessary to the speedy administration of Justice. In truth, the Con-
stitution of the State requires that "courts shall be opened to all, and right
and justice be administered without delay."

Se

It is then, respectfully recommended, not only with the view of removing al T
doubts upon this subject, important as it is both to the State and to its citizens,
but that justice may be speedily administered, and heavy expenses saved to the
accused and to the State, that the Executive be authorized, at his discretion, du.
ring the vacation of the Circuit Courts,, upon application made by the Judge of
Probates of any county within the State, or of the County Commissioners, to
issue a commission of Oyer and Terminer to any one of the Judges of the Circuit,
Court, whose duty it shall be to hold said court forthwith, and who shall be
clothed with all t'e powers necessary for the trial of all su 'h persons as may be
imprisoned under chargesfor the commission of crimes, the punishments for
which are declared to be infamous.
Under the provisions of the 5th section of an act of the General Assembly,
approved on the 23d of July, 1845, it is made the duty of the Attorney Gene.
ral to report to the Executive the effect and operation of the acts of the last
previous session of the Legislature, with the decision of the courts thereon, and
referring to the previous legislation on the subject, with such suggestions as in
his opinion the public interest may demand. In conformity to another provi-
sion of the same act, this report is laid before you, and will, I feel assured, re-
ceive that attention to which it so justly entitled.
Amonp the many suggestions which I have thought proper to submit to the
Legislature as worthy of its consideration, there are none more eminently so
than the amendments to our State Constitution, embraced in the following en-
umeration, to wit:
1. Bienniel instead of annual sessions of the General Assembly; and the term
of service of the members, so amended, as to conform thereto.
2. A residence of six months, instead of two years, within the State, a neces-
sary qualification to sufferage.
3. So amend the 12th section of the 5th article, that the election of Judges of
the Circuit Court, be hereafter made by the People by General Ticket, from
the whole State; and that their term of service be limited to not less than five
nor more than ten years.
It my not be improper here to remark, that the amendments here recommen-
ded, had engaged my attention as fit subjects for the consideration of the last
General Assembly. That, however, being our first session under the State
Government, and its organization being at that time incomplete, they were
withheld, from an apprehension that their consideration might have a tendency
to emba! rass the Legislature in the adoption of such m ,asures as were deemed
indispensable, to its speedy organization. That measure being now accomplish.
ed, I avail myself of the first opportunity to recommend their adoption, from a
thorough conviction, after mature deliberation, that if incorporated into the Con-
stitution, they will have no inconsiderable influence in promoting the interests
of the people and the prosperity-of the State.
Two of the Banking Institutions, claiming privileges under the acts of the
Legislative Council of the late Territorial Government, still continue in the exer-
cise of mtiny of their franchises, without the ability, it is believed, to discharge
their acknowledged liabilities. Whether they may rightfully exercise such
powers, since the admission of the State into the confederacy, without the ex-
press assent of the Legislative Department of the Government, is a question
seriously doubted by many; and, I may add, was not without its influence with
the last General Assembly, in refusing to appoint Directors in behalf of the
State. It will furthermore appear, by referring to a report of the Attorney
General, made in conformity to an act of the first General Assembly-"that
each of these institutions has failed to redeem its solemn undertakings to the
people of Florida, and has thereby violated both the letter and spirit of its char-
ter; and for the "repeated and continued violation of them, as therein set forth;
the opinion is unqualifiedly and frankly avowed, "that the State is absolved from
all obligation to continue the franchises granted, AND MAY RIGHTFULLY RESUME
THIM.."

8 f

Whether the public interest may not be benefited by proceedings on the part
of the State to rid herself of these insti utions, should it appear that either of
the above objections are tenable, can scarcely admit of a reasonable doubt, if in
the mean time satisfactory provision shall be made for the collection and rightful
application of the assets of each.
That these Institutions have heretofore been a fruitful source of bitter person.
al-an 1 political hostility, it is not pretended, is of itself a sufficient cause for their
removal; but if there be other solid objections to their exercising chartered
privileges, it would not lessen the force of such, if, by being enforced, they re-
moved these Institutions, and, at the same time, removed a perpetual source'
of discord, personal as well as political.
To this subject, delicate and embarrassing as it is, your attention is invited
from a sense of duty to the public on my part, with a most anxious desire that it
may receive a calm and dispassionate consideration-the object of which should
be the advancement of the public good, at the least practicable sacrifice of in-
dividual interest.
The questions involved between the State and these Institutions are, in the
:opinion of the Kxecutive, more properly within the jurisdiction of the Judicial
Department of the Government. It is for the Legislature exclusively, to deter-
mine whether the State will avail itself in the change in our Government, or of
the. alleged forfeitures, to test the validity of the charters of these institutions,
and to enforce, if practicable, a forfeiture; of whether it will acquiesce in the far-
ther exercise of their alleged franchises, and overlook their alleged acts of for-
feiture.
At the last session of the General Assembly in my annual message to that
body, I deemed it necessary to call their attention to that portion of our fellow-
citizens whohad sustained losses in the' late Seminole war. I have not been
advised that any action was had upon the subject. Whatever course that body
may have felt it a duty to pursue in regard to this matter, I cannot permit this
occasion to pass without a similar recommendation. And although the present
may be an inauspicious time to memoralize Congress for remuneration for losses
sustained in the services of the United States, I cannot permit myself to believe
that their sense of justiceand humanity will allow them to disregard claims so
eminently entitled to their consideration.
A vacancy occurring in the Judgeship of the Southern Judicial Circuit,
as also in the Solicitorship of the same Circuit, since the adjournment of the
last General Assembly, these appointments have been filled temporarily by the
appointment of the Hon. G. W. McRae, as Judge, and Thomas King, Esq.,
as Solicitor; whose terms of service will expire with the close of the present ses-
sion of the General Assembly.
By the 12th section of the 3d article of the Constitution, it is made the duty
of the Executive to procure a seal for the State, with such device as the Gover-
nor first elected may direct. Since the adjournment of the last General Assem-
bly, this duty has been discharged, and upon application, will be submitted to
the General Assembly for its approval.
It affords me pleasure to assure you that the duties assigned the Executive,
in the various resolutions adopted at the last session of the General Assembly
have been discharged. All such correspondence as became necessary, in the
fulfilment of these several requirements, is now on file in the Executive Of-
fice.
After this review of the condition of the financial affairs of the State, and
the recommendation of such measures as I have deemed it expedient to be
adopted I avail myself of the privilege of a few closing remarks to congratu-
late you and my country upon the wise and patriotic policy that has thus far
Characterized the existing administration of' the Federal Government. With-
out intending to detract from any of its measures, I may be permitted, in an es-
pecial manner, to allude to those already consummated, which not only affected

our National interests, but are also intimately connected with the prosperity and-
happiness of the several members of the Confederacy.
Among these, eminently conspicuous for its momentous consequences, is the
voluntary annexation of an independent Republic, of like customs, institutions
and language with our own; whose lone star thenceforth added another light to
the proud banner of the stripes and stars that now floats in triumph over this
vast.and still increasing confederacy of Independent Republics.
Not less important is the permanent settlement of the Northern boundary of
Oregon; by which peace, with all its blessings, has been secured, and, it is earn-
estly hoped, perpetuated, between the most powerful Republic and Monarchy of
modern times; whose social intercourse, friendly relations, and hopes of lasting
peace, had, from this perpetual source of irritation, for the last quarter of a cen-
tury, been so seriously interrupted and alarmingly endangered.
Nor'is it. with less satisfaction that I am permitted to congratulate the agricul-
tural, commercial end mechanical industry of the country, upon the success of
that gruat measure of relief, by which every other industrial pursuit, heretofore
subservient to manufacturing capital, hasbeed, partially unshackled; and which,
by its prospective influence practically demonstrates the absurdity of the recently
discovered theory in political economy, "that a tax upon foreign articles of con-
sumption reduces the price to the consumer."
The existing war between the Republics of Mexico and the United States,
will necessarily direct your attention, as a matter of self-defence, to the adoption
of such measuresas will effect a prompt and thorough organization of the mili-
tia of the State. The act of the last Legislature, upon this subject, has been
found to be, in many of its provisions, wholly impracticable.
Many volunteer companies, both of Cavalry and Infantry, have been organ-.
ized during the current year, and, when armed, will, it is believed, be found to
be an efficient force for the defence of the State.
The State's quota of arms, under the act of Congress of 1808, has been for-
warded by the Department at Washington; and when received, will be disposed
of us you may deem proper. I would respectfully recommend that they be dis-
tributed among such volunteer companies as now are, and hereafter may be,
legally organize; and upon such security for their forthcoming, on demand
from proper authority, as may ensure that object; and until such security be
given, that they be under the care of the Quarter Master General.
That there should be a conflicting opinions among the millions who compose
the population of this Republic, as to the expediency of the present contest
with Mexico, would only accord with the history of the past, under similar cir-
cumstances. The enthusiasm, however, which thus far seems to have anima-
ted all, for its vigorous prosecution, warrants the conviction that whatever diver.
sity of sentiment there may be in that respect, all are alike impelled by that ho-
ly resolution which patriotism ever prompts- 'Right or wrong, our country first
and last, and all for our country."
That it may be speedily and successfully terminated, is doubtless desired by
all. Its triumphs, however brilliant and however gratifying to the patriot, are,
where' graphically portrayed, but pictures of human msery, susceptible of no co-
lorings upon which the philanthropist can dwell, without emotions of the deep-
est sympathy and regret.
Yet, while we are allowed to approve the feelings which humanity may dic-
tate, and to regret the existing war as a National calamity, justified, however,
as we believe it to be, by a proper regard for the rights of our fellow citizens
and the honor of the Republic; nevertheless, our duty is not less imperative, not
only to adopt such measures as may be necessary and proper, to insure the safe-
ty and lhaintaln the fair fame of our State, but heartily to co-operate with our
common country in every effort to restore an honorable and permanent peace.
Deeply sensible of the duties imposed upon me by t e Constitution, and ani-
mated with a becoming zeal and anxious selicitude to discharge with fidelity the

4

8 h

responsibilities involved in them, no effort on my part shalLbe wanting that may
contribute to the accomplishment of purposes so desirable.
That all your deliberations, under the guidance of Providence, maybe direct-
ed to the happiness of the people, the interests of the State, and the prosperity
of the Union, is the-most anxious wish of my heart.
W. D. MOSELEY.
EXECUTIVE DEPARTMENT, November 20th, 1846.
Mr. Ward moved that 500 copies of the Governor's message be
printed.
Mr. Reardon moved that 1000 copies be printed.
Mr. Stockton moved that 200copies be printed.
The motion for the largest nu nber havi g the precedence, the ques-
tion upon the motion made by Mr. Reardon was then put and lost.
The question was then put upon the motion made by Mr. Ward, and
carried in the affirmative.
On motion of Mr. Broward, the House adjourned till to-morrow mor-
ning, 10 o'clock.

WEDNESDAY, November 25th, 1846. .
The House met pur-uant to adjournment; a quorum being present,
after prayer by the Rev. Mr, Foster, who: was invited to act as Chap-
lamn to ,he House, the Journal of yesterday's proceedings was read and
approved,
The Speaker announced to the House the appointment of the fol-
lowing Standing Committees :
STANDING COMIHMTTEES ...
Committee on %he Judiciary-Louis Aldrich, Simon Towle, John
Westicut, Benj. Wynn, John G. Smith."
On the Militia-Jos. L. Cooper, Elisha Carter, Wmi M. Maxwell,
Lewis Gregory, Aaron Jernigan.
On Finance and Public Accounts-F. Broward, John Finlayson,
O. M. Avery, Charle's Hu-.ell, P. A. Stockton.
On Claims-Elijah Gaylor, Elisha Carter, Geo. D. Fisher, W. H.
Gibson, A. A.,(.:anova.
On Schools and Colleges-Johni Westcott, W. D. Ward, T. K. Leo-
nard, J. F. Farrior, Jos. Woodruff.
On Corporations-Simon Towle, J. M. Gould, Owen Williams,
John Waterson, N. B. Stone.
On Agriculture--Geo. Monroe, Stephen Daniel, W. Hancock,John
Tanner, John Finlayson.
On Internal Improvements-John G. Reardon, Jos. L. Cooper, O.
M. Avery. P. A. Stockton, Louis Aldrich,
On Enrolled Bills-Joiin G. Smith, N. B. Stone, M. MI M.clntosh,
Charles Russell, A.A. Canova.
On Elections-James M. Gould, Aaron Jernigan, M M. McIntosh,
W. t. Gibson, John G. Reardon.
SOn Prpositions and Grievances--Benj. Wynn, Stephen Daniel,
W. Ward, Jollhn Waterson, W. M. M.axwell.
Mr. Reardon moved tha' 500 additional copies of the Governor's
message he printed for the constituents of the different members;
Which was lost.
Mr. Smith gave notice that he would, at some future day, ask leave
to introduce a bill.so amending the Constituiion of this State as to
make the sessions of the Legislature biennial instead of annual.
Mr. Russell gave notice that he:would, on some future day, ask leave
to introduce a bill to be entitled An act to change the county site of
Benton county. .
Mr. Westcott gave notice that ie, would at some future day ask leave
to introduce a bill to be entitled An act to divide the different counties
it the stite into departments or precincts; establishing a Board ,of
County Coinmissi ners in ea(h, county, and defining their duties; also,
A bill to be entitled, An act to regulate the fees of certain officers
therein named.
Mr. Gould gave notice that h e would, on some future day, ask leave
to introduce a hill to provide for the compensation of jurors.
The Speaker laid before the House a package addressed .to the
Speaker of the House, containing testimony relative to the election of
Antonia A. Canova; which was, on motion of Mr. Towle, referred to
the committee on Elections.
Mr. Gould offered the following resolution:
Resolved, That a select committee be appointed on printing.
lb

Mr. Towle offered the following as a substitute therefore:
Resolved, That a committee oi five be appointed by the Speaker to
receive proposals for the printing o. the House during its present ses-
sion, and ascertain the lowest rate at which the same can be procured,
and that the said committee report their action to this House on Fri-
day next.
Upon the adoption of which, the yeas and nays were called for by
Mes-rs. Towle and TWetcott, and were,
Yeas-Messrs. AldriWh, Avery, Brow' rd, Canova, Carter, Cooper, Daniel,
Farrior, Finlayson, Fisher, Gaylor, Gibson, Gould, Gregory, Hancock, Jernigan,
Leonard, Maxwell, McIntosh, Monroe, Reardon, Russell, Smith, Stockton,
Tanner, Towle, Ward, Westcott, Williams, Woodruff, Wynn and Mr. Speaker
-32.
Nays-0.
So said substitute was adopted, and Messrs. Towle, Gould, West-
cott, Reardon and Gibson appointed said committee.
Mr. Broward offered the following resolution:
Resolved, That the committee on pr:hting be instructed to receive
their bids so much per page, ea h page to contain so many lines, and
each line to contain so many words; which was lost.
Mr. Towle offered the following resolution:
Resolved, That a committee of three be appointed on the part of the
House to confer with a similar committee on the part of the Senate,
atd report joint rules for the government of the two Houses during
their present session.
Which was adopted, and Messrs. Towle, Smith and Cooper appoin-
ted said committee.
Ordered, that the same be certified to the Senate.
Mr. Mclntosh offered the following resolution
Resolved, That when this House adjourn for the day, it adjourn to
meet again on Friday morning, to-morrow being appointed by his Ex-
cellency the Governor a day of General Thanksgiving.
Which was adopted.
Mr. Finlayson offered the following resolution:
Resolved, That the Sergeant-at-Arms be directed to procure of the
Secretary of State a sufficient number of copies of the laws of the last
General Assembly to furnish each member of this House with a copy
thereof, and that he take a receipt from each member for the copy fur-
nished him, which copy to be returned at the end of the present ses-
sion.
Mr. Reardon offered the following as a substitute therefore:
Resolved, That a copy olf he laws of the State be furnished each
committee, and that the Speaker and Clerk have a copy each.
Which was rejected.
The question then recurred upon the adoption of the resolution of-
fered by Mr. Finlayson. and was carried in the affirmative.
Mr. Avery moved the House take a recess till 3 o'clock, p. m.
Which was lost.
On motion of Mr. Stockton, the House adjourned till Friday morn-
ing, 10 o'clock.

FRIDAY, November 27, 1846.
The House met pursuant to adjournment-a quprum being present
after prayer by the Rev. Mr. Foster, the journal of Wednesday's pro..
ceedings was read and approved.
Mr. Aldrich gave notice that he would on some future day ask leave
to introduce a bill so altering the first section of the sixth article of
the Constitution of this State as to require a residence of one year
within the State instead of t,-o as a qualificatioito vote.
Mr. Fisher gave notice that he would on some future day ask leave
to introduce a bill to be entitled an act so to amend the Constitution
of this state as to extend the elective franchise to all free white male
citizens of and over the age of twenty-one years, who shallhave resi-
ded therein one year, and within the county or election district ini
which they offlr to vote six months next preceding the day of election.
Mr. Tanner gives notice that he will on some future day ask leave
to introduce a bill to exempt certain persons from payment of the cap-
itation tax.
Mr. Westcott aives notice that he will at some future day ask leave
to introduce a bill regulating the trial by jury in civil and criminal ca-
ses, and defining the duties of the Circuit Judges.
Mr. Ward gave notice that he would ask leave at some future day
to introduce a bill to be entitled An act to alter and establish the boun-
dary line between the Counties of St. Lucie and Orange.
Mr. Towle moved that it appearing from the certificate of the Secre-
tary of State that John Waterson is duly elected member of this House
from Levy county, and that there is no Judge of Probates in said county,
hle be allowed to be sworn and take his seat as a member of this
House.
Mr. Westcott moved as a substitute for said motion that the said cer-
tificate of the Secretary of State be referred to the Committee on
Elections; which was rejected.
The question then recurred upon the motion made by Mr. Towle,
upon which the yeas and nays were called for by Messrs. Towle and
Leonard, and were,
Yeas-Messrs. Aldrich, Avery, Broward, Canova, Carter, Cooper, Daniel,
Farrior, Finlayson, Fisher, Gaylor, Gonld, Gregory, Hancock, Jernigan, Leon-
ard, Maxwell, McIntosh, Monroe, Reardon, RR:ssell, Smith, Tanner; Towle,
Westcott, Williams, Woodruff, Wynns and Mr. Speaker-29.
SNays-Mr. Ward-1.
So the motion was carried.
IMr. Canova moved that Erasmus D. Tracey, member elect from
Na sau( county, be permitted to present his credentials, and be sworn;
which prevailed.
John Waterson and E. D. Tracey were then severally sworn as
members of the House, by Hon. Ediward M. West, a Justice of the
Peace for Leon county, and took their seats.
On motion of Mr. Westcott. the Clerk, Sergeant at Arms and Door-
keeper, were severally sworn to keep the secrets ot the House while
sitting with closed doors.
Mr. Leonard moved that the House now go into the election of an
Assistant Clerk; which was lost.
On motion of Mr. Towle, leave of absence was granted to mr. Gibson
until Monday next.
Mr. Gould presented apresentment made by the Grand Jury of St.

81

John's county, at the fall term, 1846, which being read, was, on motion
of mr. Gould, referred to the committee on Propositions and Grievan-
ces.
'The Speaker laid before the House a communication addressed to
him relative to the election of A. A. Canova, a member from Duval
county; which was, on motion'of Mr. Leonard, referred to the Commit-
tee 6n Elections. .
.-Mr. Avery cffereI the following resolution
Resolved, That ie different subjects treated of in the Governor's
message be referred to the several appropriate committees, to wit:
1 st. That which relates to the disposition of the Public Lands gran-
ted for the purpose of promoting Cbmm)on Schools and Universities,
to the establishment of primary schools, and also that which relates to
"the Board of Trustees of Semiitiary Lands, and the office of Register
of Public Lands, to the committee on Schools and Colleges.
2d. That which relates to the disposition of the public lands granted
for the purpose of developing the resources of the State by Intertal
Improvement, to the committee in Internal Improvements:
3d. That which relates to the report of the financial officers; that
which relates to taxation; also that which relates to the act of Con-
gress of 23d July, 1836, entitled "An act to :regulate the deposit of
the public money,"--to thecommittee' on Finance and Puble Ac-
counts. i
4th. That which relates to the Fisheries and to the losses sustained
in the Seminole war, to the committee on Propositions and Grievan-
ces.
:`5th. That which relates to the Digest of the Territorial and State
La vs, and to the collecting and arranging the statutes of Great Britain
now in force in this State-also that which relates to the :Circuit
Court, and to the report of the Attorney General, to the'committee on
the Judiciary.
6th. That which relates to Banking Institutions, to the committee
on Corporations. : -
7th. Thatwhich relates to the Militia and the Arms furnished by
the General Government, to the committee on the Militia.
Which resolution was adopted, and the references accordingly
made.":
,Mr Leonard offered the following resolution:
Resolved by the Senate and Hoiuse of Representatives in General
Assembly convened, That the public arms nowi received. or which nay
be hereafter received, from the Government of the United States, be
distributed by the Governor to the voluifteer companies of this State
now raised, or which may be hereafter raised, sasfast as received by his
Excellency.
Which was read the firsttime.
On motion of mr. Leoihaid, the rule was waived, said resolution
read a second and third tines and adopted: .
Mr. Westcott offered the following re oluiion:
Resolved, That all that part of the Governor's message in relation
to boundary be referred to the committee onh he Jiidiciary.
Mr. Averymoved to substituieihe following in lieu thereof:
Resolved, That a committee of three be appointed to take into con-
siderat(iol the report and correspondence connected with' the' settle-
ment of the boundary line between this State and Georgia.''

8 m

Resolved, That the Governor be requested to furnish this House
"with the report and correspondence connected with the settlement of
the boundary line between this State and Georgia.
Which 'were rejected.
The iqe tion upon the adoption of the resolution offered by mr.
Westcott was then put and canried in the affirmative.
Mr. Westco st offer ed the following resolution :
Resolved, That all that part of the Governor's message as relates
to the judicial system, also all thi.t part relating to t;Mendments of the
Constitution, he referred to the committee on the Judiciary.
Wh ch was adopted.
Mr. Aldrich offered the following resolution:
Preamble and Resolution asking Congress to grant to the State of Florida the
Barracks at St. Augustine.
WHEREAS, The promotion of the purposes of Education is among
the first duties of Government, and in the present situation of our
State the want of suitable buildings is a great impediment to the es-
tablishment of schools of learning: therefore,
Resolved, That the Congress of the United States be requested to
grant to the State of Florida St. Francis Barracks, grounds, build gs
and appurtenances, at St. Augustine, and that our Senators and Rep-
resentative in Congress be instructed to use their best exertions to
procure the passage of a bill for such purpose.
Which was read the first time, and ordered for a second reading on
to-morrow.
Mr. Towle, from a joint select committee, made the, following report:
The joint committee appointed on the part of the House of Repre-
sentatives to confer with a similar committee on thepart of the Senate
and adopt joint rules for the government of the two Houses during
thbir present session, have the hohor to
REPORT:
That they recommend that the Joint Rules adopted by the last Gen-
eral Assembly be adopted for the government of the present, with the
following addition, viz:
Rule 16. Whenever a public bill or resolution is ordered to be prin-
ted for the use of either House, a number shall be ordered sufficient
for the use of both Houses, and it shall he the duty of the Secretary
ot the Senate or Clerk of the House as the case may be, to inform the
other :louse of such order, and to transmit to that House the requisite
number of printed copies.
Which isrespectfully submitted.
SIMON TOWLE, Chairman.
Which Report was received and adopted.
Mr. Westcott from a select committee, made the following Report:
The Select Committee to whom was referred the subject of rules
for the government of the House during the present session, have-the
honor to REPORT:
That they have examined and revised the rules adopted by the
House of Representatives at its last session, and recommend their adop-
tion for the pre-ent session for the government of the House, with the
following alterations and amendments, viz:
In Rule 20th, strike out the word Petitions."
'n.tead of Rule 19th, they recommend the following:
19th Rule. On a motion made and seconded to shut the doors of the

/ .~-

House, on the discussion of any business, in which discussion the
public safety may, in the opinion of the House, imperiously require se-
crecy, the House shall direct the Speaker to cause the gallery to be
cleared, and during the discussion of such business the door shall re
main shut, and no motion shall be deemed in order to admit any per-
son or persons whatsoever within the doors of the representative
chamber, to pre nt any petition, memorial or redress, or to hear any
such read.
Rule 28, amended by striking out the words "or amended" wherev-
er they occur.
They recommend to strike out rule 36 entirely, and in place insert
the following:
Rule 36. Each member of standing and select committees shall
with their'chairman, sign every report made to the House, if they con-
cur therein.
Strike out rule 54. and in place thereof insert:
Rule 54. V hen a bill or resolution is on its third reading, it shall
be in order for any member to move that it lie on the table-its indefi-
nite postponement-its postponement to a day certain not beyond the
session-or to amend-which motion shall have precedence in the or-
der above named.
Strike orut rule 55, and in place thereof insert:
Rule 55. When a bill or resolution shall have passed its third read-
ing, it shall be carefully engrossed under the direction of the clerk--be
certified by him, noting the day of its passage at the foot thereof, and
shall be transmitted to the Senate accompanied with a message stating
the title of the bill or resolution, and asking the" concurrence of that
body.
Rule 56. Strike out the words before a question to engross it be
taken."
All which is respectfully submitted.
JOHN WESTCOTT. Chairman.
Which report was received and read.
On motion of Mr. Towle said report was amended by striking out
the first amendment proposed, to wit: striking out "Petitions," in the
20th rule.
The report as amended was then adopted.
On motion of Mr. Aldrich the House took a recess till 3 o'clock, P.
M.

3 o'clock, P. M.
The House met, and the roll being called, a quorum was found to
be present.
On motion of Mr. Broward, the rule being waived, Mr. Smith was
added to the Committee on Finance and Public Accounts.
Mr. Fisher moved that the House now go into the election of an
Assistant Clerk, the rule having been waived to permit him to make
said motion.
Upon which the yeas and nays being called for by Messrs. Leonard
and Maxwell, were:
Yeas-Messrs. Avery, Cooper, Farrior, Finlayson, Fisher, Gregory,
Leonard, Maxwell, McIntosh, Monroe, Tanner; Towle, Tracey, Wat-
erson, Williams and Wynn-16.

So

Nays-Messrs. Aldrich, Broward, Canova, Carter, Daniel, Gailor,
Gould, Hancock, Jernigan, Reardon, Russell, Smith, Ward, Westcott
Woodruff and Mr Speiker-16.
Yeas 16-nays 16. There being a tie the question was decided in
the negative.
On notion of Mr. Smith the rule was waived and he was permitted
to introduce the following resolution:
Resolved, That the election of Assistant Clerk be dispensed with,
the duty properly belonging to the department of 1he Clerk of the
House of Representatives, who should receive adequate compensation
for the extra work performed.
Mr. Towle offered the following as a substitute therefore, to wit:
Resolved,That this House deem it inexpedient to elect an Assistant
Clerk for the session, and we do hereby authorize the Chief Clerk to
employ an assistant, whenever, in his opinion, the public interest re-
quires, to be paid by the hundred words; and the Chief Clerk is direct-
ed, in employing such assistant, to give the preference to that applicant
who will perform the work in the fairest and best manner, and for the
lowest price.
Mr. Westcott offered the following amendment thereto, to come in
after the words "by the hundred words," to wit: ', provided the com-
pensation does not exceed the sum of $125."
Which amendment was accepted by Mr. Towle.
The question then was upon the adoption of the substitute offered
by Mr. Towle; upon which the yeas and nays were called for by Messrs.
Towle and Leonard, and were:
Yeas-Messrs.'Avery, Broward, Carter, Cooper, Daniel, Farrior, Fihlayson,
Fisher, Gaylor, Gould, Gregory, Hancock, Jernigan, Leonard, Maxwell, McIn-
tosh, Monroe, Russell, Smith, Tanner, Towle, Tracey, Waterson, Westcott,
Williams, Woodruff, Wynn, and Mr. Speaker-28.
S Nays-Messrs. Aldrich, Canova, Reardon and Ward--4.
So the substitute was adopted.
On motion the rule was waived and the following notices given,
viz:
Mr. Tanner gave notice that he would on some future day a k leave
to introduce a bill to be entitled, an act to establish Biennial Sessions
of the General Assembly, and to extend the term of office of the mem-
bers thereof.
Mr. Russell gave notice that he would on some future day ask leave
to introduce a bill so amending the Constitution of this State as to
have the Judges of Probate elected by general ticket.
Mr. Gailor gave notice that he would at some future day ask leave
to introduce a bill to declare Cold Water Creek, Juniper Creek, and
Black Water Creek, navigable streams.
On motion of Mr. Westcott, the rule was waived and he was per-
mitted to offer the following resolution, viz:
Preamble and resolution inrelation to a Light House at or near the
mouth of the Suwannee River.
Whereas, great and serious injury has and will result to the interests
of this State, as well as the interests of commerce, and navigation in
general for want of a light house and necessary improvements, at the
mouth of Suwannee river:--Therefore be it resolved by the Senate
and House of Representatives of the State of Florida in General As-
sembly convened, that our Senators in Congress be instructed and our

'p

Representative requested to use their utmost endeavors to obtain from
the Congress of the United States, at the present session of' hat body
an appropriation for the purpose of erecting a light house and necessa-
ry improvements at the mouwh of said river.
Which was read the first time, and on motion of Mr. Mclinosh re.
ferred to the Committee on Propositions and Grievances.
On motion of Mr. Leonard, the House adjourned till to-morrow
morning, 10 o'clock.

SATURDAY, November 28, 1846.
The House met pursuaqi to adjournment; a quorum being present,
after prayer by the Rev. mr. Foster, the journal of yesterday's pro
ceedings was read and approved.
Mr. Cooper gave notii:e that he would, on some future day, ask
leave to introduce a bill to be entitled an Act to admit George W. Stew-
art to practice law in the several courts in this State.
Mr. Smith gave notice that he would on some future day, ask leave
to introduce a bill to be entitled an Act defining the duties belonging
to the office ot Tax Assessor and Collector.
Mr. 'Tracey gives notice hat he will, on some future day, ask leave
to introduce a bill for the benefit of B. Smith,
Mr. Finlayson gives notice that he will. at some future day, ask
leave to introduce a bill granting to the Judges of the Circuit Courts
power to hold extra terms of their courts under certain circumstati-
ces.
Mr. Max vell gives notice that at some future day, he will introduce
a bill to alter or attend so much of.an Act passed at the first session
of the last Legislature as relates to the time and manner of appointing
Tax Asse4sors.
Mr. Farrior gives notice that he will. on some future day, introduce
a bill to alter the time of holding elections in this Slate.
Mr. Maxwell gives notice that at some future day, he will introduce
a bill to alter or amend so much of an Act passed at the first session
of the last Legislature as relates o the appointment of Judge of Pro-
ba-es, and to the term of office for the same.
Mr. Broward gives notice tlat he will, on some future day. ask leave
to iniroduce a bill to be entitled an Act to provide ways and means for
the compensation of Jurors, and for defraying the expenses oi crimi-
nal-prosecutions in this State.
Mr. Tanner, according to previous notice, asked and obtained leave
to introduce a bill to be entitled an Act to establish biennial sessions
of the General Assembly, and to extend the term of office of the mem-
bers thereof.
Which was placed among the orders of the day. ,
Mr. Aldrich. according to previous notice, asked and ot tainted leave
to introduce a bill to be entitled an Act so to.alter the Constitution of
this State as to.require a residence of one year within the State, in-
stead of two, as a qualification to vote. ,
Which was placed among the orders of the day.
Mr. Fisher, according to previous notice, asked and obtained leave
to introduce a bill to be entitled an Act so to amend the Constitution
of this State as to extend the elective franchise to all free white male
citizens of and over the age of twenty-one years, who shall have re-

s

sided therein one year, and within the county or election district in
which they offer to vote, six months next preceding the day of elec-
tion.
Which was placed among the orders of the day.
Mr. Towle presented a petition of John B. DeCorse in relation to
a certain lot purchased by him of the Commissioner of the Tallahas-
see Fund.
Which was read and on motion of mr. Towle, referred to a select
committee consisting of messrs. Towle, Tanner, and Aldrich.
Mr. Stockton offered the following resolution:
Resolved, That a committee of three members of this House be ap-
pointed to act.with a similar'cominittee on the part of the Senate in
examining the accounts of the Treasurer, as required by the eighth.
section of an act entitled, An act organizing the office of Treasurer of
the State of Florida.
Which was adopted, and messrs. Stockton, Maxwell and Westcott
appointed said committee on the part of the House.
Ordered that it be certified to the Senate.
On motion of mr. Towle, time was given until Monday nextfor the
select committee on printing to make their report.
The following message wa; received from the Senate.
SENATE CHAMBER, W wednesday, 27th November, 1846.
Hon. Speaker of the HouEie of Representatives:
The Senate has adopted the report of the joint committee on rules
for the government of the two Houses the present session, and have
ordered the printing of seventy-five copies of the Joint Rules.
As soon as the printed copies are received, a sufficient number for
the HIouse will be transmitted to that body. -
By order of the Senate.
) H. ARCHER, Secretary of the Senate.
ORDERS OF THE DAY.
A bill to be entitled An act to establish biennial sessions of the Gen-
eral Assembly, and to extend the term of office of the members thereof
was read the first time and ordered for a second reading on Monday
next.
A bill to be entitled, An act so to alter the Constitution of this State
as to require a residence of one year within the State instead of two
as a qualification to vote, was read the first time and ordered for a se-
cond reading oi Monday next.
A bill to be entitled An act so to amend the Constitution of this
State as to extend the elective franchise to all free white male citizens
of and over the age of twenty-one years who shall have resided there-
in one year and within the county or election district in which they
offer to vote six months next preceding the day of election, was read
the first time ind ordered to a second reading on Monday next.
Preamble and Resolution asking Congress to grant to the State of
Florida, the Barracks at St. Augustine, were read the second times
Mr. Aldrch moved to amend the resolution by adding the words
"$for the purposes of Education" after thewords at St. Augustine;'1
which motion prevailed.
Mr. Aldrich moved the rule be waived, said preamble and resolution
read a third time and adopted; which wa; lost.
The same were then ordered for a third reading on Monday next
Ic

8r

On motion of mr. Cooper, the rule being waived, messrs. Stockton
and Leonard were added to the committee on the militia.
On motion of mr. Towle, tile House adjourned till Monday morning
next, 12 o'clock.

MONDAY November 30th, 1846.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. mr. Foster, the Journal of Saturday's proceed-
ings was read and approved.
Mr. Broward moved that the correspondence and accounts now in
the Executive Office, and referred to in the Governor's message, rela-
ting to the public deposites,be requested to be transmitted to this House;
which motion prevailed.
On motion of mr. Farrior, mr. Tanner was added to the committee
on the Judiciary.
On motion of mr. Gould, messrs. Ward and Wynn were added to
the committee on Agriculture.
Mr. Gould gave notice that he would, on some future day, ask leave
to introduce a bill to be entitled, An act directing the sale of certain
lands lying in the county of St. Lucie, topay the taxes assessed there-
on for the yea:s 1845 and 1846.
Mr. Tracey, according to previous notice, introduced a bill to be en-
titled, An act for the benefit of B. Smith.
Which was read the first time and ordered for a second reading on
to-morrow.
Mr. Russell introduced the following resolution:
WResolved, That a committee of three members of this House be ap-
pointed to act with a similar committee on the part of the Senate to
examine the Comptroller's Office, and to report to this House the con-
dition of said office, and whether the Comptroller has discharged his
duties according to law, 'as required by the 9th section of an act enti-
tled, An act to organize the office of Comptroller of Public Accounts
of the Slate of Florida.
Which was adopted; and messrs. Russell, Tanner and Firilayson
appointed said committee.,
Mr. Westcott introduced the following resolution:
Resolved, That after to-day, the House will meet in the morning at
nine o'clock, and in the evening at two o'clock, unless otherwise or-
dered.
Mr. Tracey moved that said resolution be indefinitely postponed.
Upon which the yeas and nays were called for by messrs. Westcott
and Ward, and were:
Yeas.--messrs. Aldrich, Avery, Canova, Cooper, Daniel, Farrior, Finlayson,
Fisher, Gailor, Gibson, Gregory, Leonard, Maxwell, McIntosh,' Monroe, Rear-
don, Russell, Stockton, Tanner, Towle, Tracey, Waterson, Williams, Woodruff
Wynn and mr. Speaker; 26.
Nays-messrs. Broward, Carter, Gould, Hancock, Jernigan, Smith, Stone,
Ward and Westcott; 9.
So said resolution was indefinitely postponed.
Mr. Tanner introduced the following resolution:
Resolved, That a select committee of this House be appointed to
take into consideration the expediency of establishing a more equita-

8s

ble system of taxation and to report suchalterations of the revenue
law as may seem proper.
Which was adopted; and messrs. Tanner, Westcott, Reardon, Far-
rior and Cooper, appointed said committee.
On motion ot mr. Reardon, the rule was waived, and mr. Ward ad-
ded to the committee on the Judiciary.
Mr. Gould, from the Committee on Elections, made the following re-
port:
"The Committee on Elections to whom was referred the matter of
the contested elect-on between Antonio A. Canova, the sitting member
of the present House of Representatives of the State of Florida, from
D,uval County, and John M. J. Bowden, contestant, beg leave respect-
fully to report:
That they have had the matter under consideration, and find that on the 5th
day of October last, an election was held according to law for two Assembly-
men to represent said county in this House: That within the time prescribed
by law, the returns of votes polled in said county were made and filed in the
office of the Judge of Probates. That the whole number of votes as certified
by the Judge of Probates and canvassers, polled in said county for Assembly-
men, was three hundred and ninety-four: That of these votes John Houston
received one hundred and ninety-eight, Antonio A. Canova, received one hun-
dred and ninety-one, John M. J. Bowden received one hundred and ninety,
Benjamin Frisbee received one hundred and eighty-seven.
That a paper purporting to be a poll book and full return of the votes polled
at St. John's Bar, a precinct in said county, was filed in the office of the said
Judge of Probates within the time prescribed by law.
That said Judge of Probates and his assistant canvassers, did not include in
the general computation of votes received and canvassed, said poll book and
return at St. John's Bar, but rejected the same as defective: That said Judge o f
Probates made out and delivered to Antonio A. Canova a certificate of election,
upon the presentation of which he was sworn in to take his seat as a member
of this House from said county.
That the contestant notified according to the provisions of and within the
time prescribed by law, the said Antonio A. Canova, of his intention to contest
his election on the following grounds, to wit:
First-That the Court of Probates and canvassers erred in ruling out the poll
book or return at St. John's Bar; because the said poll book contained truly the
names of the voters who voted at said precinct, and the true number of votes
given for each candidate, and because said contestant received nine votes, and
said Antonio A. Canova received seven votes at said precinct.
Second-Because the said Poll Book at St. John's Bar in said county having
been legally filed in the office of Judge of Probates it became the duty of the
Judge of Probates and canvassers to canvass and count the votes so returned
from St. John's Bar, in the number of votes polled i: said county, and so to cer-
tify.
Third-Because, counting said poll at St. John's Bar, said contestant receiv-
ed a greater number of votes thai said Antonio A. Canova.
Fourth-Recause Lewis Boree, who voted at Garey's Ferry, and James., M.
Bardin, who voted at Mandarin precincts in sa d county, at the time of voting
were not legal voters, and each of said last named persons voted for Antonio
A. Canova, and because by not counting said votes (excluding the poll book at
St. John's Bar, rejectedhby the canvassers,) said contestant has a majority over
the said Antonio A. Canova of the legal votes polled in said county for the office
of Assemblyman.
Whereupon the said contestant proceeded to examine Lewis Boree in his be-
half, who says that he has claimed his residence in Florida since 1842, the year
that he came into Florida. That he remained in Florida until December of the
same year, when he went into Georgia for the purpose of settling some busi.

St

ness witch called him there. That a short time afterwards he was induced, by
the sickness of his family, to return to Florida, and concluded to carry his fa m-
ily, with him into Georgia, which he did, leaving a part of his stock and pro-
perty in Florida. That at the time he went into Georgia it was his intention
to return to Florida as soon as his business would permit. That he remained in
Georgia until about twenty-one months before the day of election in October
last. That he had been in Duval county about ten months at the time of elec-
tion. That while in Georgia he voted for a constable once. That he did not
know what were the qualifications of a voter for constable in Georgia at the
time he voted. That he returned to Florida as soon as circumstances and his
business would permit. That he voted at said election in October. That he
knew none of the candidates except Mr. Kain; did not know whether he voted
for member of Congress and Assemblymen; he did not see the inside of his
ticket; that he voted two separate tickets: but they were both given together
and folded; that he voted neither the loco foco ticket'nor the whig ticket, but
the democratic ticket; he presumed he voted the democratic ticket from his
friends having given it to him; that he did not suppose that his friends would
have given him a whig ticket, when they knew it was not the party he held
with; that he did not know whether he voted a full democratic ticket or not.
And the said Antonio A. Canova, on his part, proceeded to examine the fol-
lowing named persons, to wit: Amander Parsons, K. B. Gibbs and Georgy
Acosta, Inspectors and Clerk of election held at St. John's Bar on the 5th of
October, 1846, by whose testimony it appears that the polls at said precinct were
opened after nine o'clock, A. M., and closed between one and three o'clock, and
that the order of the Judge of Probates, in compliance with which said election
was held, specified the hour of five o'clock, p. m., as the time at which the polls
should be closed.
And the said Antonio A. Canova further proceeded to examine on his part L.
Howell Tison and John R, Mitchell,voters in said county, by whose testimony it
appears that they went to said precinct at St. John's Bar before the hour of five
o'clock, on the day of said election, and intended and desired to vote for Antonio
A. Canova for Assemblyman, but found the polls closed and were thereby pre-
vented from voting at all.
The question, then before the committee turis in part upon the correctness
of the decision of the Judge of Probates in ruling out the poll book and return
from St. John's Bar.
The election law, in pursuance of which said election was held, prescribes, by
article 5th, section 8th, that the clerk of the election shall keep a poll book or
list of voters, which shall contain as many columns as there are boxes kept or
offices voted for, each column headed with the title on one of the boxes, and the
name of each elector voting shall be written by the clerk in the column of his
poll-list and the figure one (1) shall be placed opposite each voter's name in the
several columns of the officers voted for.
The form of the poll-book shall be as follows, thus:

List of Voters. I Representative Senate. Assemblyman County Governor
in Congress. I I ssemyman I

Has this section of the law been complied with ? Upon examining the pa-
per, purporting to be a poll-book, it will be seen that it presents but one of the
requisites of the law, viz : "a list of voters."
The paper does not contain a single column, no figure is played opposite the
name of the voter, and no statement of the number of officers voted for by
each person. The paper further wants the certificate which is required to be
attached thereto by the 5th sec. of 6th art. of the election law. By the 4th sec.
of 6th art. of the same law, it is provided, that, the canvass being completed,
duplicate certificates of the result shall be drawn up by the inspectors or clerk,
containing in words and figures, written at full length, the whole number of
votes given for each office at such election; in which respect, it will be percei-

8u

ved by reference to the certificate attached to the paper, purporting to be a poll-
book, that it is deficient.
By the 2d section of the 7th article of the ele action law, it is provided "that
the Judge of Probates and canvassers shall makeout and sign a certificate sim-
ilar to that signed by the inspectors of election, containing in words
and figures, written at full length, the whole number of votes given in such
county for each officer, the names of the persons for whom such votes for such
office were given, and the votes so given to each person."
In the case of the paper referred to, purporting to be a poll-book, and filed
with the Judge of Probates, it seems clear to your committee that the Judge of
Probates had no alternative but to reject it; for it neither showed the number of
officers voted for by each voter, the whole number of votes cast for each officer,
and even had the same beenreceived by him,it was impossible for him to comply
with the law, atd from the returns before him, make out a certificate, showing
the whole number of votes given in the county for each officer. The pa-
per, therefore, purporting to be a poll-book, does not comply with the require.
ments of law, and it is the opinion of the committee that the Judge of Pro-
bates did not err in rejecting the same.
The next point which presents itself is this : If the Judge of Probates erred
in ruling out th returns of said precinct, what should be the effect of the subse-
quent evidence of the inspectors showing that the polls were closed before 3
o'clock, and of Messrs. Tison and Mitchell, stating that they presented them-
selves within the legal hours prescribed by law for the poll to be kept open, and
found them shut, and were refused the right to vote, and who swear that they
intended to vote for the sitting member?
If the question were to come up before us ab initio, to canvass the whole're-
turns according to the intention of the electors, and casting aside all legal ques-
tions connected with the irregularity of the mode of holding the polls and ma-
king the returns, the result would be this: The return of all other precincts of
the county, concerning which there is no question, the vote would stand for
Canova 191, and forJ. M. J. Bowden 190; if to these we proceed to add the
nine votes actually polled for B -wden at St. John's Bar, and the seven votes
actually polled for A. A. Canova at said St. John's Bar, and the votes of Messrs.
Tison and Mitchell, who swear that they intended to vote for Mr. Canova, then
it would result that of the whole vote of the county, Mr. Canova rec ived 200
votes, and Mr. Bowden 199 votes, for upon no principles of justice or equity
could this House, should it see fit to go behind the canvass of the Judge of Pro-
bates and take up the actual state of the poll at St. John's Beach, with the cvi-
dente of the Inspectors and Messrs. Tison and Mitchell before them, leave out
of the calculation the votes of Messrs. Tison and Mitchell, who were actually
present at the said precinct within the legal hours for holding the same open.j
The next point raised by the contestant is, that two illegal votes were polled
for the sitting member. The only evidence adduced before the committee on
this point is that of Lewis Boree, hereinbefore recited, showing a very doubtful
case in reference to the right of one person, who, it is claimed, voted at Garey's
Ferry. No evidence, except the deposition of the individual himself, is addu-
ced to prove that he did vote at that precinct, and the witness states that he
did not know the names of the candidates-did not read his ballot, nor did he
know whom he voted for. The evidence does not sustain the allegation of the
contestant.
The committee are fully of the opinion, from all the evidence before them,
and which is herewithsubmitted, that Antonia A. Canova is fully entitled to
his seat in this House, and that the said contestant is not.
The committee beg leave to submit the following resolution:
Resolved, That Antonio A Canova, having received a majority of the votes
of Duval county, is entitled to his seat in this House, and that John M. J. Bow-

8v

den, not having received a majority of the votes of said county, is not entitled
to a seat in this House. JAMES M. GOULD,
M. M. McINTI 'SH,
WM. H. GIBSON,
JNO. G. REARDON,
A. JERNIGAN.
Committee.
Which was read and concurred in; and the resolution reported; read
the first time; and ordered f)r a second reading on to-morrow.
The following message was received from his Excellency the Go-
vernor:
EXECUTIVE DEPARTMENT, Tallahassee, Nov. 30, 1846.
Gentlemen of the Senate, and House of Representatives:
I have the honor to transmit herewith a Report of the Comptroller
of Public Accounts showing the condition of the Territorial Treasury.
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
Also the following:
EXECUTIVE DEPARTMENT, Tallahassee, Nov. 30, 1846.
Gentlemen of the Senate and of the House of Representatives:
I hereby nominate Isaac B. Blanton as Judge of Probates, and C. H.
Richards as Auctioneer, for the county of Levy.
I have the honor to very respectfully,
"-Your obedient servant,
W. D. MOSELEY.
Which last message was, on motion of mr. Towle, placed among
the orders of the day for to-morrow.
Mr. Russell moved the House take a recesss till 3 o'clock, p. m.
Which was lost.
Mr. Gould from the Committee on Printing, made the Ioliow ing ma-
jority report:
REPORT OF THE MAJORITY.
The committee towhom was referred the resolution appoint ing a committee
to receive proposals for the printing of the House during its present session, and
ascertain the lowest rate at which the same can be procured; ask leave to report
that they have received written proposals from Messrs. Sibley, Clisby and Bart-
lett & Smith, for the printing of the House at its present session; that a after care--
ful examination and full investigation of the propositions, viz: S. S. Sibley,
$1350 by the job; Joseph Clisby, $1450 by the job; Bartlett & Smith declining
to offer in that form, and the various propositions by the 1000 ems and hundred
words, being uncertain and liable to different constructions, heretofore creating
great difficulties in the settlement of accounts; the committee have thought it
best and most prudent to recommend the printing to be done by the 100 words
and the page, and held in check by the lowest bid by the job, and as S. S. Sib-
ley is the lowest bidder by the page, and one hundred dollars less than any
other by the job, we recommend him to be elected printer of the House, and
would recommend the adoption of the following resolution and ask to be dis-
charged from the further consideration of the subject.
JAMES M. GOULD, )
JOHN G. REARDON, Maj. Com.
JOHN WESTCOTT,
Whereas 3.8 of a cent per hundred woris, for miscellaneous printing, count.
ing daily slips as miscellaneous printing, and one dollar per page for printing the
journals, furnishing 500 copies, are the lowest bids, and thirteen hundred and
fifty dollars is the lowest bid by the job-Therefore,

Sw
Resolved, That S. S. Sibley be the printer of this House, provided he will do
the printing on thie above terms; print the Journals in the newspaper in addition,.
and in no event to exceed the sum of thirteen hundred and fifty dollars.
Which was received, and ihe resolution reported read the first time
and ordered for a second reading on to-morrow.
Mr. Towle from the same committee made the following minority
report:
The undersigned a minority of the committee appointed to receive proposals
for the printing of the House during its present session and ascertain the lowest
rate at which the same can be procured, not concurring in the report of the ma-
jority, have the honor to make their
COUNTER REPORT.
That your Committee have addressed letters, inviting proposals to the pro.
prietors of the different printing establishments in this city, and in answer there.
to have received the following offers, viz:
1. The Miscellaneous Printing, per 1000 ems; (1)dispensing with daily slips.
S. S. Sibley, offers to do it at $1 40; Smith & Bartlett $1 80; Joseph Clisby
$ 1 32, including press-work, &c.
2. The same including daily slips.
S. S. Sibley $1 40; Smith 4- Bartlett $1 80L and J. Clisby $1 03, also in-
cluding press-work, &c.
2. The miscellaneous printing, per 100 words; counting 75 copies, (1) dis-
pensing with daily slips.
S. S. Sibley, 4 cent per 100 words; Smith & Bartlett 2-3 of a cent; and J..
Clisby J a cent, including presswork, &c.
2. The same including daily slips.
S. S. Sibley a cent; Smith & Bartlett I a cent and J. Clisby 3-8 of a cent,
including presswork, &c.
3. The House Journals, 500 copies, per page (1) dispensing with daily slips.
S.S. Sibley, $2 00 Smith & Bartlett $2 50; and J. Clisby $1 87J.
2. The same furnishing daily slips, to be charged as miscellaneous print-
ing at the above prices.
S.S. Sibley $1 00. Smith & Bartlett $1:00; and J. Chsby $1 12j; inclu-
ding presswork, &c.
4. All the printing required by the House during the session, in gross.
S. S. Sibley, $1350; J. Clisby, $1450; Smith & Bartlett declining to make
an offer under this head.
Your committee in examining and deciding upon the above offers, have deem.
ed it advisable, as it will not affect the result, to throw out of view those com-
puted by the 1000 ems; that being a technical method; as your committee is ad-
vised, more liable to abuse than the computation by the 100 words and page.
Your Committee are also of opinion that the daily slips should be furnished-
as they are necessary to a proper knowledge of the business done in the House
and particularly so to the members of the Senate and State officers, who have
frequent occasion for that knowledge but have not access to our journals. Be-
side, the expense saved by dispensing with them, would be but slight, if any,'as
the other printing can be done cheaper when they are furnished, and a great
proportion of the matter contained in them (as Reports of Committees, &c.)
would require to be printed in some other form.
In deciding upon the relative cheapness of the rates proposed, the first ques-
tion to be settled is-which of these proposals are most favorable, those made
to print in gross, or those computing by the 100 words and page.
Your Committee, aftel full investigation, aredecided in their belief, that the
latter are much the lowest offers; and that they will clearly appear to be so, to
this House, upon careful examination of the following estimates.
It is ascertained that Mr. Sibley performed the printing of this House ad its
adjourned session in 1845, at the rate of 1- cents per 100 words, of the miscel-

8x

laneous matter, counting 70 copies, and $2 00 per page for 500 copies of the
journals. 'The gross amount paid him for the miscellaneous printing was
$1974 22
And for the Journals 632 00

Total $2606 22
Now estimating the printing of the present session to be the same as that of
the last, which is a fair criterion as any to judge by, the sum to be paid under
the present offers, will be as follows:
S. S. Sibley, miscellaneous, at cent $658 07
Journals at $1 per page 316 00
Total -- $974 07
Smith & Bartlett, miscellaneous, at 2.3 cent 877 43
Journals at one dollar per page 316 00
Total 1193 43
J. Clisby, miscellaneous, at 3-8 cent 493 55
Journals at $1 12 355 50
Total 849 05
All, as will be seen, from $200 to 500 lower than the proposals in gross-so
that it is, beyond question cheaper to have the work done by the other computa-
tion, viz: by the 100 words and'the page, at either of the rates above proposed-
the highest even being considerably lower than the lowest gross sum C$1350)
named.
This estimate is on the supposition that the printing of the present session
willbe equal to that of the last; but your committee are of opinion, though this
is a matter of surmise, that it will not be equal but will fall much below. This
opinion is predicated principally, on the fact that the two houses have adopted
a very wise provision this session (see 17th joint rule) preventing the practice,
heretofore invariable, of printing the same matter in either House, and thus pay-
ing double prices. This rule will cut off just one-half of a very large item.
Another proof is the spirit already manifested by this House, of economy and a
desire to consult the wishes of the people; which will cause our sessionn to be
short, and prevent the former habits of printing all matter without distinction,
whether necessary to be printed or not.
Under these views, it cannot be doubt d that the amount of printing which
will be required by this House will fall below that of the last session. But even
if it exceed it, it cannot be expected, with even the worst economy, to do ,o so
far as to cause an expense, at the rates above offered, of $500-over J more
than the foregoing estimate-which would be necessary to bring the lowest of-
fer up to the sum of $1,350.
If these views be correct, there can be no doubt as to our duty. We must
discard the proposal in gross and accept one of the others.
It will need but a glance to satisfy the House as to which is the lowest propo-
sal by the 100 words and the page. Mr. Clisby's proposal is t of a cent per
100 words for the miscellaneous matter less than the other offers, and is, (esti-
mating the total amount printed this session the same as the last,) in gross
$125.02 less than Mr. Sibley's, and $344.38 less than Smith & Bartlett's.
This great difference in gross amounts will be comprehended when it is known
that over 13,000,000 words were charged for at the last session : so that a yery
small amount of variance in the price per 100 words, will reach a large sum in
gross.
The relative cheapness of these rates will not be varied by any variation in
the amount printed this session from that printed at the last.. .for whether more
or less is printed, the proportion, is the same.
Mr. Clisby's offer for printing the Journals is 121 cents per page more than the
other offers; but that excess, as will be seen in the above estimates, is more than
counterbalanced by the lower rates offered by him for the miscellaneous print-
ing. Another item is worth attention Mr. Clisby's offer includes press.work,

Sy

holding, stitching aid the other items, which are not included in the other offers,
and if the party see fit, may be made extra charges, over and above the present
offe rs.
Your committee are, therefore, from the above considerations, clearly of opin-
ion that Mr. Clisby has made the lowest offer of any; and they, therefore, recom-
mend that he be employed by this House to do their printing for the present ses-
sion, at the rates specified in his proposals, to wit: At I of a cent per 100 words
Sfor the miscellaneous printing, and $1.121 per page for 500 copies of the Jour-
. nals....furnishing daily slips, to be charged as other miscellaneous matter.
SIMON TOWLE,
WM. H. GIBSON.
Which was received and read.
On motion of Mr. Leonard, the House took a recess till 3 o'clock, p.m.

3 o'clock, P. M.
The House met, and the roll being called, a quorum was found to be
present.
Mr. Towle moved that the rule be waived in order that Mr. Reardon
might make a motion.
Upon which the yeas and nays were called for by messrs. Westeott
and Ward, and were:
Yeas-messrs. Aldrich, Avery, Broward, Canova, Cooper, Daniel,
"Farrior, Finlayson, Fisher, Gaylor, Gibson, Gregory, Hancock, Jerni-
gan, Leonard, Maxwell, McIntosh, Monroe, Reardon, Russell, Stock-
ton, Tanner, Towle, Tracey, Waterson, Williams, Woodruff, Wynns
and mr. Speaker--29.
Nays-Messrs. Carter, Gould, Smith, Stone, Ward and Westcott -6.
Mr. Jernigan asked leave to change his.vote, he not having under-
stood the question.
Mr. Towle objected to his so doing.
The Speaker decided that mr. Jernigan had a right to change his
vote.
Mr. Towle appealed from the decision of the Chair.
The question then being "shall the decision of the Chair be sustain-
ed ?" was put and carried in the affirmative.
Mr. Jernigan voting in the negative, the vote then stood, yeas 28,
nays 7.
Four-fifths voting for waiving the rule, mr. Reardon then moved that
the reports of the majority and minority of the committee on printing,
and the resolutions accompanying them, be taken from the orders of
the day, and that the whole subject be taken up for consideration.
Which motion prevailed.
Mr. Reardon moved that the House now go into the election of a
Printer : which motion prevailing, mr. Reardon nominated Samuel
S. Siblev, and mr. Towle nominated Joseph Clisby.
Mr. Aldrich moved that the vote just taken upon the motion to go
into an election of Printer, be reconsidered; which motion prevailed.
The resolution reported by the majority of the committee on print-
ing was then taken up, and mr. Towle offered the following as a sub-
stitute therefore:
WHEREAS, Joseph Clisby has offered to print the miscellaneous
matter of this House, during its present session, at of a cent per 100
words, counting 75 copies, and including daily slips, to be charged as
miscellaneous matter, and 500 copies of the Journals at $1 124 per
SlId

8S

page, counting one copy: And whereas, the above offers are deemed
lower than any others made-
Resolved, That said Joseph Clisby be and he is herrbv employed to
print the miscellaneous matter and journals of this House at the above
prices; provided that the whole amount to be paid him, shall inr no
case exceed $1,200.
Which was adopted, as such substitute.
Mr. Reardon moved the House adjourn till 10 o'clock; which was
lost.
Mr. Westcott moved to amend said substituted resolution by striking
out in the first line the words '"has offered to," and inserting '(will," in
lieu thereof; by striking out the name of "Joseph Clisby" wherever it
occurs, and inserting ''Samuel S. Sibley" in lieu thereof; by striking.
out the sum of "11.12J," and inserting "$100" in lieu thereof; and by
striking out the sum of' "$1,200' at the end of the resolution, and in-
serting "1,000" in lieu thereof.
Mr. Reardon moved that the House adjourn till to-morrow morning,
half-past 10 o'clock; which was lost.
Mr. Towle accepted said amendments, except the one which propo-
ses to strike out the name of Joseph Clisby and insert that of Samuel
S. Sibley.
The question then was upon the adoption of the amendment: to
strikeout the name of Joseph Clisby and insert that of Samuel S. Sib-
ley; upon which the yeas and nays were called for by messrs. Westcott
and Towle, and were,
Yeas-messrs. Aldrich, Broward, Canova, Carter, Cooper, Daniel,
Finlayson, Gaylor, Gould, Hancock, Jernigan, Reardon, Russell,
Smith, Stone, Ward, Westcott, Woodruff and mr. Speaker-19.
Nays-messrs. Avery, Farrior, Fisher, Gibson, Gregory, Leonard,
Maxwell, McIntosh, Monroe, Stockton, Tanner, Towie, Tracey, Wa-
terson, Williams and Wynns-16.
Yeas 19-nays 16. So the amendment was adopted.
Mr. Towle moved to amend said resolution by striking out "81.000"
and inserting "900," and by striking out the name of "Samuel S. Sib-
ley" and inserting the name of "Joseph Clisby."
Pending which, on motion of Mr.Russell the House adjourned till
to-morrow morning, 10 o'clock.

*1i

"9

TUESDAY, December 1st, 1846.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the journals of yesterdays procee-
dings was read and approved.
John Houston of Duval county, and William R. Taylor of Jeffer-
son county, severally presenting certificates of their election as repre-
sentatives from their respective counties, were sworn as members of
the House by Hon. Edward M. West, a Justice of the Peace for Leon
county.
Mr. Towle moved that the rule be waived, and that the resolution ii
relation to the election of printer to the House, be taken up for con-
sideration; which was lost.
Mr. Finlayson moved that fifty copies of the rules of the House be
printed.
Upon which, the yeas and nays were called for, by Messrs. West-
cott and Stone, and were,
Yeas-Messrs. Aldrich, Broward, Canova, Carter, Cooper, Daniel,
Finlayson, Gaylor, Gould, Hancock, Jernigan, Leonard, Maxwell, Me
Intosh,; Reardon, Russell, Smith, Stone, Taylor, Ward, Westcott,
Woodruff; and Mr. Speaker-23.
Nays-Messrs. Avery, Farrior, Fisher, Gibson, Gregory, Houston,
Monroe, Stockton, Tanner, Towle, Tracey, Waterson, Williams, and
Wynns-14.
So the motion prevailed.
On motion of Mr. Leonard, the report made by the Committee on
Rules, was referred back to said Committee.
On motion of Mr. Towle, Mr. Taylor was added to the Committee
on Rules.
Mr. Towle moved to amend the report of the minority of the Com-
mittee on Printing, made on yesterday, by inserting the following
paragraph, to wit: L' The undersigned are opposed to the resolution of-
fered by the majority, as it is an abandonment of the written propo-.
sals made the committee, and an admission of a new bid by Mr. Sib-
ley, to wit: | of a cent per 100 words, instead of a cent, offered be.
fore. This abandonment, the undersigned consider unjustifiable,
unusual, and unbecoming the dignity of this House."
Which was rejected.
Mr. Fisher presented a petition from William Cawthorn, praying to
have the names of his children changed, and for other purposes;
which was read; and on motion of Mr. Fisher, referred to a committee,
consisting of Messrs. Fisher, Tanner, and Towle.
Mr. Avery offered the following preamble and resolution:
WHEREAS, the vast importance of the object in view, requires that
no effort should be spared, in the attempt to establish for this State, a
complete educational system; and whereas, while in some sections of
the Statl, the population is sufficiently dense to admit of the establish.
meant of academies, and of common schools, with stationary teachers-
in other sections the population is too sparse to admit of other than
common schools, taught by itinerant teachers; and whereas, it is im-
possible for us to obtain at this session of the General Assembly, all
the information respecting the different sections of the State, with re.
gard to their geographical position, the position, situation, and wants
of the inhabitants, which it is necessary-we should possess, in order
to enable this body to act wisely; and whereas, there has not yet accu-
0

mulated a sufficient fund for thb purpose of education, to make a delay
of lone year in its u'se, a loss to the people of the State; Therefore-
Be it Resolved, by the Senate and 'House of Representatives of the
State of Florida, in General Assembly convened, 1st, That a ''mminis-
"soioi, consisting of two men, be selected by the Governor from each
division of the State--that is, two from the west, two from the Middle,
two from the east, and two from the south.
2. That each commission be presented to the General Assembly for
their approval.
3. When approved, each commission is to be furnished with all the
"information, connected with .hb object in view, which it is in the pow-
er of the Governor to give; and requested to submit to the next Gene-
ral Assembly, a plnit for the -stablishment of a system of common
schools, adapted to their section of the State, with such remarks as
-miiy seem to them necessary to a perfect comprehension of their
views,
4. That the same commissioners also be requested to give their
"views, with regard to the establishment of academies, and the two
universities, the manner of their organization, and the place of their
location.
'5. That each commission be requested to add to their number, any
persons whom they ;iay deem necessary to the advancement of the
object in view.
Which were read the first time, and ordered for to-morrow.
Mr. Maxwell offered the following:
Resolved, That whereas this House is without a duly elected
prtiter, the Clerk be directed to have 'no more printing done for this
House, until one is elected; which was adopted.
Senate preamble and resolution, asking of Congress the erecting of
a light house at New Smyrna, on the eastern coast of Florida, was
read the first time, 'and ordered for to-morrow.
House -resolution -direcftng the public arms now received, or which
tay be hereafter 'received, to the volunteer companies of this State,
was returned by the Senate, as having been adopted by that body, with-
ouit amendment.
The following diessage Was received from the Senate:
SENATE CHAMBER, 28th November, 1846.
Hon. Speaker of the House of Representatives:
The Senate has appointed Messrs. McLean, Fairbanks and White a
Joint committee on the part of the Senate, to examine the accounts of
the Treasurer. Respectfully, &c.,
H. ARCHER, Sec.'of Senate.
The following niessage Was received from his Excellency the Gov-
ernor:
'EXiECUTIVE DEPARTMENT,
Tallahassee, Nov. 30, 1246.
To the Hon. Speaker of the House; f Representatives :
In compliance with a resolution of the House of Representatives, 1
have the honor herewith to transmit the Documents and Correspon-
dence deferred to, and respectfully request that it 'tay be laid before
that bbdy. 1 have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.
ORDERS OF THE DAY.
The resolution in reference to the election of a printer to this Houxe

was taken up,and Mr. Aldrich moved the indefinite postponement of the
amendment offered by Mr. Towle on yesterday, to wit: strike out
"$1000" and insert "$900;" and strike out "S. S. Sibley" and insert
"J. Clisby."
Upon which the yeas and nays were called for by Messrs. Towle and
Leonard, and were,
Yeas-Messrs. Aldrich, Broward, Canova, Carter, Cooper, Daniel,
Finlayson, Gaylor, Gould,Hancock, Jernigan, Reardon,Russell, Smith,
Stone, Ward, Westcott and Woodruff-18.
Nays-Messrs. Avery, Farrior, Fisher, Gibson, Gregory. Houston,
Leonard, Maxwell, Mclntosh, Monroe, Stockton, Tanner, Towle, Tra-
cy, Waterson, Williams and Wynns.-17.
So said amendment was indefinitely postponed.
On motion of Mr. Ward, the whole subject matter in relation to the
election of a printer was re-committed to the select committee on
printing.
Preamble and resolution asking Congress to grant to the State of
Florida the Barracks at St. Augustine, was read the third time and
adopted.
Ordered,. That it be certified to the Senate.
A bill to be entitled An Act so to amend the Constitution of this
State as to extend the elective franchise to all free white male citi-
zens of and over the age of twenty-one years, who shall have resided
therein one year, and within the county or election district in which
they offer to vote six months next preceding the day of election, was
read a second time, and on motion of Mr. Avery, laid on the table.
A bill to be entitled An Act so to alter the Constitution of this state
as to require a residence of one year within the State instead of two
,as a qualification to vote, was read a second time and on motion of Mr.
Stockton, laid on the table.
A bill to be entitled An act to establish biennial sessions of the Gen-
eral Assembly and to extend the term of office of the members thereof,
was read a second time. Mr. Westcott moved it be referred to the
committee on the Judiciary. Mr. Towle moved itbe laid on the table.
The question upon Mr. Towle's motion having precedence, was put
and carried in the affirmative.
A bill to be entitled An Act for the benefit of B. Smith, was read a
second time, and on motion of Mr. Tracey, referred to the committee
on claims.
Resolution declaring Antonio A. Canova a member from Duval
county entitled to his seat, was read a second time, and on motion of
Mr. Farrior, the rule was waived, said resolution read a third time and
adopted.
Mr. Gould moved the House adjourn till to-morrow morning, 10
o'clock; which was lost.
Mr. Ward moved the House take a recess till three o'clock, P. M.
Mr. Smith moved the House adjourn till half-past 10 o'clock to-
morrow morning; which latter motion having the precedence, was
carried in the affirmative.
The House then adjourned till half-past 10 o'clock, to-morrow
morning.

12

WEDNESDAY, December 2d, 1846.
The Hoiuse met pursuant to adjournment, a quorum being present
after prayer by the Rev. Mr. Foster tae journal of yesterday's procee-
dings was read and approved.
Robert R. Fletcher of Dade county presenting a certificate of his
election as representative from said county, was sworn by the Hon. G.
W. Macrae, Judge of the Southern Circuit and took his seat.
On motion of Mr. Finlayson, Mr. Taylor was added to the com-
mittee on Finance and Public Accounts.
The following notices were given, to wit:
By Mr. Fisher, That he will on some future day ask leave to intro-
duce a bill to be entitled an act for the relief of Stephen Senterfit.
By Mr. Towle, That he will at some early day introduce a bill for
the relief of Wilkerson Call.
By Mr. Canova, That he will at an early day ask leave to introduce
a Bill to be entitled an act making appropriation for the payment of
the mileage and per diem of John M. J. Bowden.
Mr. Towle moved that the rule be waived in order that the select
committee on Printing may be permitted to report, which motion pie-
vailed and Mr. Towle made the following,
REPORT: The committee appointed by this House to receive
proposals for the printing of the present session and to ascertain the
lowest rate on which the same can be procured"-to whom the whole
subject matter was recommitted by this House on the 1st instant have
the honor to report: That your committee since the subject was re-
committed to them have received letters from S. S. Sibley and Jos-
eph Clisby requesting leave to withdraw tleir former proposals which
"was granted by the committee and an invitation given to make new
proposals which has been doneby the letters herewith transmitted
marked A and B. Messrs. Smith & Bartlett have also verbally with-
drawn their former proposals and declined making new ones. In-
deed they being now employed as the printers of the Senate, would,
as your committee are advised, be utterly unable to do the printing
of this House in addition. Your committee in deciding upon the pro-
posals now before them, which are now reduced to those of J. Clisby
and S. S. Sibley have taken into view the fact that Mr. Sibley has
been thus far doing all the printing of this House by direction of the
Chief Clerk, in which the House has acquiesced, and will consequent-
ly have a bill for the same to be charged, if he be now elected, at the
rates now proposed by him-but if he is not elected, to be charged at
the customary rates in this city, which it is ascertained are much
higher. On this account your committee deem Mr. Sibley's .present
offer cheaper than that of Mr. Clisby, though in other respects it is
the same as by employing him we will save to the state a sum of one
or two hundred dollars. Your committee also believe that the rates
now proposed by Mr. Sibley are as low as the work is usually procur-
ed in adjoining states, and as low as a strict regard for economy would
require us to insist upon consistently with a due regard to the inter-
est of the printer, which should not be sacrificed for the good of the
state. They therefore recommend that the said S. S. Sibley be em-
ployed to do the printing of the present session at the rates offered by
him, to wit: three quarters of a cent per 100 words counting 75 co-
pies for the miscellaneous printing, and 500 copies of the Journals at

Stwo dollars per page, counting one copy. The work to be done in a
workmanlike manner.
All which is respectfully submitted, and your committee ask leave
to be discharged from the further consideration of this matter.
"."S BSIMON TOWLE. Chrm'n.
WM. H. GIBSON,
"JAMES M. GOULD.
Mr. Rearden dissents from the report of the majority of the com-
mittee on Printing.
Mr. Westcott from the said committee made the following
MINORITY REPORT: The undersigned, one of the committee
to whom the subject of Printing was recommitted, asks leave to re-
port: That he has re-examined the whole subject committed to them
and endeavored to arrive at ihe object for which he believes they were
appointed by this House-namely the adoption of a system by which
the printing of the House should be performed with the utmost econo-
my to the state consistent with a fair and just compensation to the
person executing the work. That after re-examining the various pro-
positions submitted to them and the subsequent action of the House
in adopting an amendment in the first instance, limiting the amount
of the sum to be received for the printing to an amount in gross be-
low that authorized by any of the proposals before the committee,
and by them reported to the House; and whereas, the undersigned
deems that such action was irregular, and that all the various proposi-
tions, so limiting the gross amount below the proposals of the per-
sons offering to contract for the same, were unauthorized by any of
the proposals before the committee, and by them reported to the
House; and whereas, the undersigned deems that such action was
irregular and unjust to the several persons who had in good faith
placed their proposals before the House, and that all the various pro-
positions so limiting the gross amounts between the proposals of the
persons offering to contract for the same: were not binding upon
them, either in law, equity, or good conscience; and whereas the under-
signed believes it to be the desire of the House, to have their printing
done at fair and reasonable rates, by such persons as shall execute the
same in a proper manner, the undersigned had determined to offer for
the consideration of the House, the original resolution of the majori-
ty of the committee; that while the subject was under consideration,
information was received from the parties, withdrawing their proposi-
tions. After considering the whole subject then before them, the com-
mittee agreed to invite further proposals,; and received the letters
marked A & B, accompanying report.
The undersigned agrees with the Committee, that S. S. Sibley's
proposals are thelowest now before them-all of which is respect-
fully submitted. JOHN WESTCOTT,
One of the Committee on Printing.
A.
TALLAHASSEE, December 1, 1846.
To the Honorable the Committee on Printing of the House:
The undersigned proposes to do the Printing of the House, at its
present session, on the following terms, to wit:
S(three-fourths) of a cent per 100 words, counting 75 (seventy-five)
copies, for all miscellaneous printing, and two dollars per page, for
500 copies of the Journal.

14-

SBy comparing the foregoing with the rates of printing adopted by,
nearly all the Southwestern and Southern States, as well as in all
others, where rates are not by law established, it will be seen that the
rates he proposes are lower than the most, and are, he affirms, as low
as they should be, either consulting the interest of the public or the
printer. Very respectfully, &e.. JOS. CLISBY.

FLORIDmAN OFFICE, Tallahassee, Dec. 1, 1846.
To the Hon. the Committee on Printing of House of Representatives..
GENTLEMEN: Believing it the disposition of the Committee to give
a fair living price for the printing of the House, and knowing the fol-
lowing rates proposed to be such; as a reference with the prices paid
in any ot the adjoining States, with more facilities for doing cheap
work, will satisfactorily show, the undersigned respectfully tenders the
following proposals, viz:;
Three-quarters of a cent per 100 words, counting seventy-five copies,
for all the miscellaneous printing, and two dollars a page for 500:copies.
of the Journals.
The work to be done in a workmanlike manner.
Very respectfully, your obedient servant,
SAM. S. S1BLEY.
Mr. Taylor moved that the said reports and the subject to which
they refer be laid on the table.
Upon which the yeas and nays were called for by Messrs. Taylor
and Leonard, and were
Yeas-Messrs. Aldrich, Avery, Broward, Canova, Carter, Cooper,
Daniel, Finlayson, Fisher, Fletcher, Gaylor, Gregory, Hancock, Hous-
ton, Jernigan, Maxwell, McIntosh, Monroe, Reardon, Russell, Smith,,
Stone, Tanner, Taylor, Tracey, Waterson, Woodruff, Wynnsand Mr.
Speaker.-29.
Nays-Messrs. Farrior, Gibson, Gould, Leonard, Stockton, Towle,
Ward, Westcott and Williams.-9
So'the said reports and the subject they referred to were laid on the-
table.
Mr. Taylor moved that the Clerk of this Housebe authorized tocon-
tract with some competent person todo the printing of this House du.
ring its present session-provided, the same can be done at a rate not
to exceed 3 of a cent per hundred words, for miscellaneous printing in-
cluding 75 copies of daily slips of, the Journal of proceedings, and
$1 00 per page of Pamphlet Journal, of a corresponding size of the,
Journal of the last House of Representatives, counting one copy-five
hundred copies of the same to be neatly printed and stitched. Upon
which the yeas and nays were called for, by Messrs. Towle and Stock-
ton, and were
Yeas-Messrs. Aldrich, Avery, Broward, Canova, Carter, Cooper,
Daniel, Finlayson, Fisher, Gailor, Gibson, Gould, Gregory, Hancock,
Jernigan. Leonard, Maxwell, Mclntosh, Monroe, Reardon, Russell,
Smith, Stockton, Stone, Tanner, Taylor, Towle, Ward, Waterson,
Westcott, Williams, Woodruff, Wynns and Mr. Speaker-34.
Nays-Messrs. Farrier, Houston, and Tracey-3, so the motion pre-
vailed.
Mr. Gould according to previous notice introduced a Bill to be enti-
tled an act directing the sale of certain lands lying in the County of St.
Lucie, to aty the taxes assessed thereon for the years 1845 and 1846.

Which was read the first time, and ordered for a second reading on
to-morrow.
Leave ofabsence, was granted to Mr. Towle, until Saturday next.
Mr. Gould introduced the following resolution:
Resolved, That the Committee on agriculture, be instructed to as-
certain the causes which retard and prevent the successful growth and
culture of the orange in this State, and to ascertain as far as practica-
ble, if any, and what means may be used in eradicating those causes,.
and promoting that valuable article of culture, and that they have
leave to report by bill or otherwise.
Which was adopted.
Mr. Avery offered the following:
Resolved, That no new bills will be received and acted upon by this
House, after the 15th inst., except such bills as the House may choose
to receive and act upon, within two days of the day fixed upon for final
adjournment.
Which was rejected.
Mr. Smith from the Committee on enrolled Bills, made the following
report.
'The Committee on Enrolled Bills have examined a Resolution rel
active to the distribution of the public arms of this State, and have di
reacted me to report the same as correctly enrolled.
JOHN G. SMITH, Chairman.
Mr. Gaylor from the Committee on Claims, made the following re
port:
The Committee to whom was referred a Bill for the benefit of 1B
Smith, ask leave to report it back to the House without amendinen
and do recommend its passage. Its object is the payment of a dei
for services at the State Convention in 1839.
ELIJAH GAYLOR,
W. H. GIBSON,
ELISHA CARTER,
GEORGE D. FISHER
A. A. CANOVA.
Which was received and the bill placed among the orders of th
day.
The following Message was received from the Senate:
SENATE CHAMBER, 1st December, 1846.
Hon. Speaker, of the House of Representatives:
The Senate has ordered the printing of 500 copies of the Report c
the Trustees of Seminary Lands, transmitted to this body by His Ex
cellency the Governor, for the use of the two Houses of the Generc
Assembly.
Very Respectfully &c.
H. ARCHER, Sec. of Senate.
Also bthe following,
SENATE CHAMBER, 2d December, 1846.
To the Hon. Speaker of the House of Representatives:
Sir-The Senate has appointed Messrs. Kelly, Lorimer and Ca.
ter a Joint committee on the part of the Senate, to examine the office
of the Comptroller of Public Accounts for the State of Florida.
Very respecttflly,
H. ARCHER, Sec.of Senate.
Also the 'following,

SENATE CHAMBER, 1st December, 1846.
Hon. Speaker of the House of Representatives:
Sir :-Messrs. Fairbanks, Kelly and Lorimer have been appointed
by the Senate a Joint committee on their part to examine the accounts,
contracts, &c., of the acting Register of Public lands.
"Your obedient servant,
H. ARCHER, Sec. of Senate.
On motion of Mr. Russell, a committee similar to that mentioned
in the last message, consisting of Messrs. Russell, Taylor and Tan-
ner, was appointed on the part of the House.
Ordered, That it be certified to the Senate.
Senate Preamble and Resolution asking Congress to make an ap-
propriationito build a Light House at Egmont Key, on the Coast of
Florida,
Was read the first time and ordered for to-morrow.)
Senate Resolution, relating to the transmission of public documents
to the Librarian of Harvard University, was read the first time and or-
dered for to-morrow.
Senate Preamble and Resolution askingof Congress the erecting of
t Light House at New Smyrna on the eastern coast of Florida, was
"ead a second time and ordered for a third reading on to-nmorrow.
The nominations of his Excellency the Governor, heretofore made,
f Isaac B. Blanton as Judge of Probates, and C. H. Richards as
uctioneer, for the county of Levy, were advised and consented to by
he House.
A bill to be entitled An Act for the benefit of B. Smith, came up on
second reading, and Mr. Towle moved to lay the same on the able;
pon which the yeas and nays were called for by Messrs. Tra-
ey and Stockton, and were
Yeas-Messrs. Averv,Farrior,Gregory, Hancock, Houston, Leonard,
laxwell, McIntosh, Monroe, Stockton, Tanner, Towle, Waterson,
Villiams and Wynns.-15.
Nays-Messrs. Aldrich, Broward, Canova, Carter, Cooper, Daniel,
'isher, Fletcher, Gaylor, Gibson, Gould, Jernigan, Reardon, Russell,
smith, Stone, Taylor, Tracy, Ward and Woodruff.-20.
So the motion was lost.
Said bill was then ordered to be engrossed for a third reading on to-
iorrow.
Preamble and resolution relative tothe establishment of a complete
lucational system. Was read a second time and ordered for a third
fading on to-morrow.
On motion of Mr. Avery, the rule was waived, and he permitted to'
ive notice that he would, at some future day, ask leave to bring in a
IIl, to be entitled an act for the relief of George Brown.
The following communication was transmitted to His Excellency
te Governor:
HoUSE REPRESENTATIVES, December 2, 1846.
Is Excellency W. D. MOSELEY, Governor, 4c.---Sir:
I enclose herewith for your Excellency's approval, a resolution rela-
tie to the distribution of the public arms of this State.
[have also to communicate that the House have advised and con-
sated to the nominations heretofore made by your Excellency of Isaac

B. Blanton, as Judge of Probates, and C. H. Richards as Auctioneer
for the county of Levy. I have the honor to be,
Very respectfully, your obedient servant,
M. D. PAPY,
Clerk of House of Representatives.
SOn motion of Mr. Gould, the House adjourned till to-morrow morn-
ing 11 o'clock.

THURSDAY, December 3d, 1846:
SThe House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mi. Foster, the Journal of yesterday's pro.
ceedings was read and approved.
On motion of Mr. Westcott, Mr. Avery was addtd to the committee
on Schools and Colleges.
On motion of Mr. Leonard, Mr. Taylor was added tothe committee
on Schools and Colleges.
The following communication was laid before the House by the
Speaker:
CLERK'S DESK, House or Representatives, Dec. 3d, 1846.
Hon. Speaker of the House of Representatives :
Sir-In obedience to an order of the House, made on yesterday, I
addressed letters to Joseph Clisby, Esq., editor of the Sentinel, Sam-
uel S. Sibley, Esq., editor of the Floridian and Messrs. Smith &
Bartlett, editors of the Journal, stating to them the substance of said or.
der, and desiring to know whether they were willing to do the printing
of the House at the rates fixed by the House. I have received letters
from Mr. Clisby and Mr. Sibley, declining to accept the proposition
made to them., Mr. Bartlett, one of the editors of the Journal, addres-
sed me a note in reply, accepting the terms proposed, but stating that
he "cannot do the work under present circumstances, in as elegant a
style as similar work has been done heretofore." He further adds that
"no efforts will be spared on his part to do it regularly," and that "he
hopes the House will extend to him as much indulgence as they can
under the circumstances." Qualified as is the acceptance of Mr. Bart-
lett by the declaration "that the work cannot be done in as elegant
a style as similar work has beendone heretofore," I do not feel myself
at liberty to consummate the contract with him unless directed to do
so by order of the House. I therefore submit the matter for their fur-
ther consideration.
Yery respectfully, your ob't. serv't.
-M.D. PAPY,
Clerk of the House of Representatives.
Mr. Taylor then offered the following resolution,
Resolved, That Messrs. Smith & Bartlett be the Printers to this
House during its present session. Which was adopted.
S. F. Jones presenting a certificate of his election as Reprosentative
from Monroe county, was sworn by Hon. Edward M. West, Justice of
the Peace for Leon county, and took his seat.
On motion of Mr. Ward, Mr. Fletcher was added to the Committee
on Propositions and Grievances.
Mr. Taylor moved that a standing committee on Revising and
Amending the Constitution of this State be appointed by the Chair.
3

18
Which motion prevailed, and Messrs. Taylor, Avery, Tanner, Al-
drich and Westcott appointed said committee.
Mr. Russell gave notice that he would on some future day ask leave
to introduce a bill to alter the southern boundary of Benton county.
Mr. Russell, according to previous notice, introduced a bill to be en-
titled An Act so to alter the Constitution of the State of Florida, as to
have Judges of Probate elected instead of appointed.
Which was read the first time and ordered for to-morrow.
On motion of Mr. Reardon, leave of absence was granted to Mr.
Woodruff till Monday next.
Mr. Canova, according to previous notice, introduced a bill to be en!-
titled An Act making appropriation for the payment of the mileage
and per diem of John M. J. Bowden.
Which was read the first time and ordered for to-morrow.
Mr. Tanner presented a petition from Nathan Backer, in relation to
a fine imposed upon him by the County Commissioners of Jackson
county. Which was read, and on motion of Mr. Tanner, referred to
the committee on Claims.
Mr. Gaylor presented a Petition from sundry citizens of Santa Rosa
county praying that Wim. McKain may be relieved from the payment
of a fine, &c., which was read, and on motion of Mr. Gaylor referred
to the committee on Propositions and Grievances.
The Speaker laid before the House a communication from Benja.
min Byrd, State Treasurer, in reference to judgment against Freder-
ick Hoc in the circuit- court of Leon county for $562 21, being am-
ount due as purchase money for a lot purchased of the commissioner
of the Tallahassee fund, and suggesting a compromise of the same,
which was read and on motion of Mr. Taylor, referred to the Com-
mittee on Finance and Public Accounts.
The following Message was received from His Excellency the Gov-
ernor:
EXECUTIVE DEPARTMENT, Dec. 3d, 1846.
Gentlemen of the Senate and House of Representatives:
I have approved a Resolution relative to the Distribution of the
Public Arms of this State. I have the honer to be,
Very respectfully,
Your obd't servant, W. D. MOSELEY.
Mr. Westcott from the committee on Rules made the following
REPORT: The committee to whom the Rules of the House were
referred Report that Rule 54 be stricken out and in its place insert,-
"CThat no amendment by way of Rider shall be received to any bill
on its third reading." JOHN WESTCOTT, Chr'n.
WM. D. WARD,
W. R. TAYLOR.
Which was adopted.
Senate Bill to be entitled an act to make certified copies of records
evidence, transmitted to the House to-day was read the first time and
ordered for to-morrow.
ORDERS OF THE DAY.
Preamble and Resolution relative to the establishment of a complete
educational system, were read the third time, and adopted. Ordered,
that it be certified to the Senate.
A bill to be entitled an act directing the sale of certain lands lying
in the county of St. Lucie, to pay the taxes assessed thereon for the

years 1845 and 1846, came up on a second reading, and on motion of
Mr. Leonard,. was referred to a select committee, consisting of Messrs.
Leonard, Stockton, and Aldrich.
A bill to be entitled an act for the benefit of B. Smith, was read a
third time. On the question, "'Shall the bill pass?" the yeas and nays
were,
Yeas-Messrs. Avery, Broward, Canova, Carter, Cooper, Daniel,
Fisher, Fletcer, Gaylor, Gibson, Gould, Gregory, Hancock, Russell
Stockton, Stone, Taylor, Tracey, Ward, Waterson, Williams, and
Mr. Speaker---22.
Nays---Messrs. Farrior, Finlavson, Jones, Leonard, Maxwell, Me
Intosh, Munroe, Tanner, and Wynns--9.
So the bill passed.
Mr. Taylor moved that the title be amended, by inserting "Bucking-
ham Smith" in full; which motion prevailed.
The title, then, as amended, was adopted.
Ordered, That it be certified to the Senate.
Senate preamble and resolution, asking of Congress the erecting of
a light house at New Smyrna, on the eastern coast of Florida, was
read the third time, and adopted without amendment.
Ordered, That it be certified to the Senate.
Senate resolution, relating to the transmission of public documents
to the Librarian of Harvard University, 'was read a second time, and
ordered for a third reading on to-morrow.
Senate Preamble and Resolution asking Congress to make an ap-
propriation to build a Light House on Egmont Key on the coast of
Florida, was read a second time and ordered for a third reading on to-
Smorrow.
On motion of Mr. Taylor the rule was waived and the bills now on
the table proposing amendments to the Constitution were taken from
the table and referred to the committee on revising and amending the
"constitution of this State.
On motion of Mr. Leonard the House adjourned till to-morrow
morning 11 o'clock.

FRIDAY, December 4th, 1846.
The House met pursuant to adjournment; a quorum being present,
afterprayer by th6 Rev. Mr. Foster, the journal of yesterday's procee-
dings was read and approved.
Mr., Jones gives notice that he will on some future day ask leave to
introduce a Bill for the relief of Thomas Romer.
On motion of Mr. Finlayson, Mr. Gould was added to the Commit-
tee on Agriculture,
Mr. Jernigan gives notice that he will on some future day ask leave
to introduce a bill to be entitled an act to authorize the Clerk of the Cir-
cuit Court, acting for the Counties of Orange and St. Lucie, to keep
the records at his residence in Orange County.
Mr. Waterson gives notice that he will on some future day ask leave
to introduce a bill to be entitled an act to regulate the Pilotage of the
Port of Cedar Keys.
Mr. Towle moved that 75 copies of the documents accompanying
the Governor's message be printed excepting exhibit D. to Treasurer's
report which motion prevailed-

20

Mr. Ward offered the following preamble and resolutions.
Preamble and Resolutions relative to the Haul-over on the Atlantic
Coast,
WHEREAS, It has been more than one year and six months since an
act was passed by the Congress of the United States making an ap-
propriation of fifteen hundred dollars for connecting the waters of In-
dian River and Mosquito Lagoon at the Haul-over, and whereas ow-
ing to the neglect, or refusal or other cause, of the proper officer in
having the work performed, the intercourse and commerce between
the inhabitants along the Coast are greatly interrupted and sometimes
entirely cut off by difficulties which exist in crossing said Haul-over;
SAnd whereas, the withholding this appropriation and not having the
work executed has caused great expense, inconvenience and injustice
to the emigrants and settlers: who, knowing this appropriation to have
been made, and fully believing and looking with confidence to the
Government that the same would be executed without delay, and from
the rapidly increasing population and commercial importance, from
the enterprise of the inhabitants and large pecuniary investments, there
is well founded belief that it would continue to rapidly increase if this
work was completed. And whereas, the proper department of the
General Government has in several instances neglected, declined or
refused to carry out the intentions of Congress, whereby the appropria-
tions for improvements have reverted to the Treasury of the United
States to the great detriment of the citizens of Florida. Therefore,
Resolvedby the Senate and House of Representatives of the State
of Florida, in General Assembly convened, That our Senators and
Representative in Congress be requested to call the early attention
of the proper officer of the General Government to this subject, and
insist upon the immediate application of the appropriation,:
Be it further resolved, That the Secretary of State forward copies
of this Preamble and Resolutions to our Senators and Repesentative
in Congress.
Which were read the first time and ordered for to-morrow.
ORDERS OF THE DAY.
Senate preamble and resolution asking Congress to make an ap-
propriation to build a Light House at Egmont Key on the coast of
Florida, was read the third time and adopted without amendment.
Ordered, That it be certified to the Senate.
Senate resolution relating to the transmission of public documents
to the Librarian of Harvard University, was read the third time and
adopted without amendment.
Ordered, That it be certified to the Senate.:
A bill to be entitled An act so to alter the Constitution of the State
of Florida, as to have Judges of Probate elected instead of appointed,
came up on a second reading, and on motion of Mr. Russell, referred
to the committee on Revising and Amending the Constitution.
Abill to be entitled an act making appropriation for the payment of
the mileage and per diem of John M. J. Bowden, came up on a second
reading; and on motion of Mr. Taylor, referred to the Committee on
Finance and Public Accounts.
Senate bill to be entitled an act to make certified copies of records
evidence, came up on a second reading; and on motion of Mr. Gould,
referred to the Committee on the Judiciary.
On motion of Mr. Leonard, the House adjourned till Monday morn-
ing next 11 o'clock.

21

STANDING RULES OF THE HOUSE OF REPRESENTATIVES.
RULE 1. The Speaker shall take the Chair every day, precisely at the hour
to which the House shall have adjourned on the preceding day; shall imme-
diately call the members to order, and on the appearance of a quorun), 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 members, rising from his seat for that purpose; and shall de-
cide questions of order, subject to an appeal to the House by any two members;
on which appeal, no member shall speak more than once; unless by leave of the
House.
3. He shall rise to put the question, but may state it sitting.
4. No member shall speak to any other, or otherwise interrupt the business of
,the House, or read any newspaper or other paper, while the journals or other
public papers are being read; or pass between the Speaker and any other meon-
ber who maybe addressing the House.
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 on any one subject, without leave
of the House;
7. When two or more members shall rise at the same time, the Speaker
shall name the person entitled to proceed.
8. When a member shall be called to order, he shall sit down until the
Speaker shall'have determined whether he is in order or not; and every ques-
tion of order shall be decided by the Speaker without debate, subject to an ap-
peal to the House.
9. If a member shall be called to order for words spoken, the exceptionable
words shall be immediately taken d6wn in writing, by the person objecting,
that the Speaker may be better enabled tojudge of the matter.
10. No member shall absent himself from the service of the House, without
leave of the House; and in case a less number than a quorum shall convene,
they arehereby authorized to send the Sergeant-at-arms for (any or) all absent
members, as the majority of such members present shall' agree, at the expense
of such absent members respectively, unless such excuse for non-attendance
shall be made as the House (when a quorum is convened,) shall judge suffici ent.
11. No motion shall be debated until the same shall be seconded.
12. Every motion made and seconded, shall be reduced to writing, delivered
in at the table and read, before the same be debated.
13. When a question is under debate, no motion shall be received, but to ad-
journ, to lie on the table, to postpone indefinitely, to postpone to a certain day,
to commit or to amend; which several motions shall have precedence in the
order in which they stand arranged; and the motion for adjournment shall al.
ways be in order, and the motion's to adjourn or to lie on the table, shall be de-
cided without debate. .
14. If the question in debate contains several points, any membermay have.
the same divided.
15. In filling up blanks, the largest sum and longest time shall be first'
put.
16. When 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 House without debate.
17. When the yeas and nays shall be called for,' by two of the members pres-
ent, every member within the bar of the House at the time the question was
put by the Speaker, shall' (unless for special reasons he be excused by the
House) declare openly and without debate, his assent or dissent to the ques-
tion. In taking the yeas and nays, and upon the call of the House, the names
of the members shall be taken alphabetically, and the Speaker shall in all cases
vote last.
18. No member shall be permitted to vote on any question who was without the
bar of the House at the time the question was put, unless by the consent of the

House; and no motion to permit such member to vote, shall be in order, unless
it shall be made before the House proceed to other business.
19. On a motion made and seconded to shut the doors of the House, in the
discussion of any business, in which discussion the public safety may, in the
opinion of the House, imperiously require secrecy, the House shall direct the
Speaker to cause the gallery to be cleared, and during the discussion of such
business, the door shall remain shut, and no motion shall be deemed in order to
admit any person or persons whatsoever within the doors of the Representative
Chamber, to present any petition, memorial, or address, or to hear any such
read.
20. The following order shall be observed in taking up the business of the
House, viz: 1st, motions. 2d, petitions, memorials, and other papers, addressed
either to the House, or to the Speaker thereof. 3d, resolutions. 4th, repDrts of
standing committees. 5th, reports of select committees. 6th, messages from
the Senate lyingon the table; and, lastly, orders of the day.
21. When a question has been once made and carried in the affirmative or neg-
ative, it shall be in order for any member of the majority, to move for the re-
consideration thereof; but no motion for the reconsideration of any vote shall
be in order, after a bill, resolution, message, report, amendment, or motion upon
which the vote was taken, shall have gone out of the possession of the House,
announcing their decision. Nor shall any motion for reconsideration be in or-
der, unless made on the same day'on which the vote was taken, or within the
two next days of the actual session of the House thereafter.
22. On a question when the yeas and nays are called for, in the event of a
tie, the question shall be decided in the negati e.
23. All questions shall be put by the Speaker of the House, and the members
shall signify their assent or dissent, by answering viva voce, yea or nay.
24. The Speaker of the House or the Speaker pro tem. shall have the right to
name a member to perform the duties of the Chair, but such substitute shall
not extend beyond an adjournment.
25. Before any petition, memorial, or other paper, addressed either to the House
or the Speaker thereof, shall be received and read at the table, whether the
same be introduced by the Speaker or a member, a brief statement of the con-
tents of the petition, memorial, or other paper, shall verbally be made by the
introducer.
26. 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 House.
27. Every bill and all resolutions of a public nature, or for the appropriations
of the public money, shall receive three readings previously to the final passage
of such bill or resolutions, and the Speaker shall give notice at each, whether
it be the first, second, or third reading, which readings shall be on three differ-
ent days, unless four-fifths of the members shall otherwise direct.
28. No bill shall be committed, until it shall have passed its first reading; after
which, it may be referred.
"29. At the second reading of any bill or resolution, it shall be in order for any
member to move its commitment to a committee of the whole House; that it
lie on the table-for its indefinite postponement-for its postponement to a day
certain not beyond the session-for its commitment to a standing committee-
to a select committee-or to amend; which motions shall have precedence, in
the order above stated.
30. It shall not be in order to amend the title of any bill or resolution, until it
shall have passed its third reading.
31. The titles of bills, and such parts thereof only, as shall be affected by pro-
posed amendments shall be inserted on the journals.
32. The following Standing Committees, to consist of not less than five mem-
bers each, shall be appointed by the Speaker, at the commencement of each ses-
sion, with leave to report by bill or otherwise, viz : a committee on the Judiciary;

23.

a committee on the Militia; a committee on Finance and Public Accounts;
a committee on Claims ; a committee on Schools and Colleges ; a committee on
Corporations ; a Committee on Agriculture; a committee on Internal Improve-
ments; a committee on Enrolled Bills; a committee on Elections, and a
committee on Propositions and Grievances.
33. All confidential communications made by the Governor to the House,
shall be by the members thereof kept secret, until the House by its resolution,
shall take off the injunction of secrecy.
34. When acting on confidential or Executive business, the House shall be
cleared of all persons except the Clerk, the Sergeant at Arms, and the Door
Keeper.
35. The proceedings of the House when not acting in committee of the
whole, shall be entered upon the Journal as concisely as practicable, care being
taken to detail a true and accurate account of the proceedings.
36. Each member of standing and select committees shall, with their chair-
man, sign every report made to the House,if they concur therein.
37. Messages may be received at any stage of the business, except while a
question is being put, or while yeas and nays are being called.
38. The Governor and Secretary and members of the Senate, shall be admit-
ted to a seat within the bar of the House; and any other person shall be ad-
mitted, in like manner, upon being invited by a member.
39. The Clerk, Sergeant at Arms and Door Keeper, shall be severally sworn
by a Judicial officer of the State, well and faithfully to discharge their respect-
ive datics, and to keep secret the proceedings of the House then sitting with
closed doors.
40. All acts, addresses, and joint resolutions, shall be signed by the Speaker;
and all writs, warrants and subpoenas issued by order of the House shall be under
her hand and seal, and attested by the Clerk.
41. In case of any disturbance or disorderly conduct in the galleries or lobby,
the Speaker, or chairman of the committee of the whole house, shall have pow-
er to order the same to be cleared.
42. Reporters wishing to take down the debates and proceedings, may be ad-
mitted by the Speaker, who shall assign such places to them on the floor or else-
where, as shall not interfere with the convenience of the House.
43. No member shall vote on any question in the event of which he is imme-
diately and particularly interested, or in any case when he was not present
when the question was put.
44. After a motion is stated by the Speaker, or read by the Clerk, it shall be
deemed in possession of the House, but maybe withdrawn at any time before a
decision or amendment.
45. The previous question shall be in this form: "Shall the main question be
now put ?" It shall only be admitted when demanded by a majority of, the
members present, and until it is decided, shall preclude all amendments and fur-
ther debate of the main question; and on a motion for the previous question,
there shall be noldebate.
46. When a question is postponed indefinitely, the same shall not be acted up-
on again during the session.
47. No motion or proposition on a subject different from that under considera-
tion, shall be admitted under color of amendment.
48. The unfinished business in which the House was engaged at the last pre-
ceding adjournment, shall have the preference in the orders of the day; and no
motion on any other business shall be received without special leave of the
House, until the former is disposed of.
49. Upon the call of the House, the names of the members shall be called over
by the Clerk, and the absentees noted; after which the names of the absentees
shall again be called over, the doors shall then be shut, and those for whom no
excuse or insufficient excuses are made, may, by order of those present, be taken
into custody as they appear, or may be sent for and taken into custody where
ever to be found by the Sergeant at Arms.

24

50. When a member shall be discharged from custody and admitted to his
seat, the House shall determine whether such discharge shall be with or without
paying fees.
51. It shall be the duty of the Committee of Elections to examine and report
upon the certificates of election, or other credentials, of the members returned to
serve in this House, and to take into their consideration all such petitions and
other matters touching elections and returns, as shall or may be presented or
come into question, and be referred to them by the House.
52. No committee shall sit during the sitting of the House, without special.
leave.
53. All bills ordered to be engrossed, shall be executed in a fair, round hand,
and without erasures or interlineations.
54. No amendment byway of rider shallbe received to any bill on its third
reading.
55. When a bill or resolution shall have passed it s third reading it shall be
carefully engrossed under the direction of the Clerk; be certified by him, no-
ting the day of its passages at the foot thereof, and shall be transmitted to the
Senate, accompanied with a message stating the title of the bill or resolution,
and asking the concurrence of that body.
56. Bills committed to a committee of the whole House, shall be first read
throughout by the Clerk, and then again read and debated by clauses, leaving
the preamble to be last considered; the body of the bill shall not be defaced or
interlined, but all amendments, noting the page and line, shall be duly entered
by the Clerk on a separate paper, as the same shall be agreed to by the commit-
tee, and so reported to the House. After report, the bill shall again be subject
to be debated, and amended by clauses.
57. It shall be in order for the Committee on Enrolled Bills to report at any
time.
58. Messages shall be transmitted to the Governor and Senate by the Door-
keeper, unless otherwise directed by the House.
-59. No bill shall be introduced into the House on the last week of the session,
nor shall the above rules, or any of them, be rescinded or suspended, unless
Sthree-fourths of the members present otherwise direct;,

ANNUAL REPORT
On Seminary Lands, Funds, &c., for 1846.

TALLAHASSEE, 23d November, 1846.
The Trustees of the Seminary Lands beg leave to submit to the 'GOVERNOR
AND LEGISLATURE of the State of Florida, the following Report for the current
year:-
Since the last annual report of this Board, the Secretary of the Treasury of
the United States has communicated his approval of the selection of two a ddi
tional sections of public lands,for a Seminary of learning, containing 1,274 acres-
as part of the Township "east of the Apalachicola," under the provisions of the,
Act of 29th January, 1827. This, added to the approvals previously reported,
increases the amount of Seminary lands, under the Act of 3d March, 1823, to
29,194,48 acres.
There have been further examinations of public lands made during the.year,
by agents acting under the appointment and instruction of his Excellency, Gov-
ernor MOSELEY, from which selections have been made, under the Acts of 29th
January, 1827, and 3d March, 1845, by the President of this Board with his
Excellency's authority and sanction. These selections have been duly reported
to the Secretary of the Treasury for his approval. These selections amount to
upwards of 30,000 acres; and a descriptive report thereof will be made as soon
as the decision of the Secretary of the Treasury is known. 'The GovZ

Sflnor liberally hccqrded to thpe views of the Board, in pelritting thcn to s'ele'ct
te best of the lands examined, s6 far as these were found in whole sections, or
in bodies of one mile square: the construction adopted at the General Land Of-
ice, of the above mentioned acts (of 1827 and 1845) having restricted the se-
lection of seminary lands to this form.
It is to be regretted that an Act of Congress was not obtained at its last ses-
siin, 16 Authorize the selection of 'Seminary laIds in smaller bodies than sections.
A precedent having been set in the case of Illinois, the Board "cannot suppose
That there is any serious objection to grant to Florida the like privilege of se.
electing these lands in quarter sections. Without this alteration it is apparent
*that some of the choicest lands cannot be secured for the purposes of education,
and in consequence, the State will be obliged to fill these and her other grants
by taking much land of very little value.
The Board are not aware that 'any action has been had by Congress, at its last
session, to further any one of the objects contemplated .in the Resolutions of the
last Legislature (See No. 3, page 146,) "in relation to Seminary lands. &c."
The views of'the Boardj on all the points embraced ii' those resolutions, were
fully expressed in the report of last year, and the subject is now recurred to only
for the purpose of repeating that it still appears important that Congress be ur-
ged to pass the laws then applied for.
Upon organizing at the beginning of the year, th Board adopted the follow-
ing preamble and Resolutioh:
AND WHEREAS, it appears to the Board from the Act passed at the last ses.
sion of the Legislature, entitled an Act 'To establish the office of Register of
public lands for the State of Florida,' that it is the intention, of the Legislature
that the monies belonging to the Seminaty fund should be used to meet the ex-
pense ,of further selections of Seminary lands. Therfore,
Resolved, That at present it is inexpedient to place at interest any part of the
funds in hand ; and that the President be authorized to hold the same, subject
to the above purpose, in such manner as the Governor may. direct."
In pursuance of this resolution the funds collected during the year have not
been loaned out on bond and mortgage, as directed to be done in the law of
1843, organizing the Board. The Presidenti however, by purchasing certifi.
bates issued by the State Treasurer, which he was enabled to do at a discount,
before the taxes 6ame into the-Treasury, has realized nearly, or quite as much
as if the funds in hand had been put out at interest. While the fund itself, by
the subsequent collection of taxes, is, and will be, ready to meet the expense of
locating seminary lands, when called for.
It was stated in the report of last year, that there was in the "School fund"
of the Territorial Treasury, the sum of $85.25, arising from rents of Seminary
lands which fund consisted of Territorial scrip and Bank of Florida bills,a nd rt fur-
ther sum of $55.35, of rents of seminary lands, had been paid into the general
fund. The State Treasurer has turned over the Bank of Florida bills to
this Board, amounting to $100, which the President has sold at eigthy cents in
the dollar, and added to the Seminary fund.
There has been received during the year, a laige payment on the money at
interest; also.a great part of the back rents due from lessees of seminary lands
for the years 1844 and 1845. It is probable that one or two small sums due
from lessees, cannot be collected, although great vigilance has been used by the
agents to guard against any loss.
The Board have fixed on the sum of two dollars and fifty cents per day,-sa a
compensation 'to their agents for the time necessarily spent in making leases,
examining the condition of rented lands, and collecting rents, in lieu of all oth-
er charges. They have also agreed to defray the expense incurred by distant
hiembers in attending the meetings of the Board.
The State Treasurer has been appointed by the Governor to receive from the
Treasury of the United States the 5 per cent. on nett piraceeds of sales of :pubz
lie lands within this State, under the compact by which Florida was admitted
"4

into the Union. For the year 1845, the sum of $975.80 has been received, iiid
forms part of the Education fund, but has not been taken charge of in any way
by the Board. As the sales of public lands have greatly increased during the
present year, it is presumed that the 5 per cent. fund for 1846 will amount to
near $2,000
The annexed table, marked A, exhiibits the condition and extent of the Sem.
inary funds, made up to the 4th instant, at the meeting of the Board, intended
to conform to the fiscal year.
The Seminary Lands have been again leased, as far as practicable, for the
current year; and generally at better rents than heretofore. These rents will
add to this fund, during the next year, about $1,000. A list of them will be
found in the annexed table, marked B.
It is believed that these Various resources will furnish ample means to defray
all the expenses of selecting the residue of the four Townships granted for Sem.
itiaries of Learning.
The experience and reflection of another year have more strongly confirmed
the Board in the opinion, expressed in the report of last year, unfavorable to the
system of leasing the Seminary lands. The reasons there assigned, (See report
of 1845, page 5,) need not be here repeated, but one or two additional views
seem worthy of consideration,
It is evident that Congress intended these lands to constitute a permanent en.
dowment; so that the fund itself or principal should not in any way be lessen.
ed or trenched upon, and only the interest, or annual income should be used.-
If, therefore, the plan of leasing be permanently adopted, the lands will be
gradually worn out, stripped of their timber, &c., and the fund inevitably di.
finished. The amount of rents will greatly vary from year to year. No cal.
culation can be made with any reasonable certainty of future annual income
from rents: and of course this uncertainty will seriously interfere with any plan
of establishing or supporting respectable Seminaries of learning.
When the whole of the Seminary lands are selected, (92,160 acres,) the ef.
feet of withholding so large an amount of lands from sale, will be to retard the
settlement of the country, and this will operate very unequally on different
counties. In some, these lands are selected in large quantities; while in othei
counties there are none at all. And as these lands will pay no tax, they con.
tinue the property of the State, a further injustice will accrue to some coun.
ties in that way.
The 3Board are unanimous in their opinion, that it is the wisest course to au'
thorize the sale of these lands. Their sale must be a vork of time, ard there-
fore it ought to be begun without delay. The planting interests generally, and
the'staple products of our favored climate in particula'-, appear to be receiving
a new impulse. A spirit of emigration to Florida exists at this time, and
should not be checked, by suffering the impression to go abroad that the State
is a large competitor in taking up extensive bodies of the most valuable public
lands, and designs to keep them out of market.
If it were practicable to sell for cash, it would be far preferable to do so.--
But it is probable that this cannot be done, except in a very few instances, un-
less at a sacrifice. The Board, therefore, suggest the following plan for placing
these lands in market:
When any bodies or tracts of land are believed to be saleable, let them, after
suitable notice, be offered at public sale, at the court house of the county in
which the same may lie--the terms to be, one-fourth or one-third of the pur.
chase money in cash, and the balance in a bond, with credits of one, two, and
three years, with interest---the whole interest on the credits to be paid at the
end of each year. In default of the payment of any instalment, principal or
interest, after giving sixty days' public notice, the land to be resold at auction, at
the risk of the first purchaser---the amount then due to be required in cash, and
such credits for the balance as were extended at the original sale. A certifi-
cate to be given for each installment when paid in, which may be transferred by
assignment, but to become void upon default in paying any future instalment.

27

When all the payments are made, titles to be executed to the purchaser, his
heirs, or assigns. Each body of land, before it is offered at public sale, to be ap-
praised and have a minimum, price set upon it, below which it shall not be of-
fered. And if not sold at public sale, shall, at any time thereafter, be subject
"to private sale at said minimum. Provided, that when there are competitors at
private sale, the highest bidder shall be preferred; and provided, also, that the
minimum may be increased or dininished, when deemed for the interest of the
fund; but that, if diminished, the lands must be again offeredd at public
sale. :
The Board venture also to suggest, that it will be better to invest the pro.
eeeds of these sales in public, or government stocks, than to continue the plant
now fixed by law, of lending to individuals, upon bond and mortgage of
real estate. It' is true that the method of investment proposed, will yield
"a lower rate of interest, but the fund will be more secure, the interest will be
paid with greater regularity, and collected with less trouble and expense. If
the impolicy of having a large number of our citizens debtors to the States
forms a strong objection to selling the lands on a credit, when the indebtedness
of the purchasers would never, at any one time, amount to one-fourth part of
the whole, how much more objectionable will it be to have the entire fund
eonvertedinto a standing debt from private individuals.
In offering the foregoing suggestions, tlhe Board feel conscious that they are
going beyond the strict line of official duty. But, upon: a subject of such deep
and lasting importance, they throw themselves upon the liberality of the Gover-
nor and Legislature, to indulge them iin a still wider latitude of remark, while
they present some views respecting the disposal of the public lands, and the
management of the education funds of the State generally.
The public lands granted to Florida,.besides those for seminaries of claraing
already considered, and 5,120 aces for fixing the Seat of Government, consist
of---
1st. The sixteenth sections, for the support of public schools, which amount
to about 500,000 acres, so far as the public domain has been surveyed; anid,
2d. Of 500,000 acres for Internal Improvements.
In the act of Congress, 3d of March, 1845, supplemental to that by which
Florida is admitted into the Union, "the sixteenth section of every township
or other lands equivalent 'hereto, are granted to Florida, for the use of the in-
habitants of such township, for the support of public schools." And during the
Territorial Government, Congress (by act of 29th January, 1827,) authorized.
the Governor and Legislative Council of Florida to take possession of those
lands granted: for the use of schools, and to lease the same from year to year--.
the money arising from the rent of said lands shall be appropriated to the use of
schools, in such manner as they may direct; and they shall have power to pass
laws for the preservation of said land from intrusion and trespass, until Florida
shall be admitted into thl Union as a, State."
Under this trust, reposed in the Territorial Government, numerous laws* were
enacted by the Governor and Legislative Council, for renting the lands, for pro-
tecting them from trespass and waste, and for applying the funds to the use of
schools. Some of these laws exceeded and violated the powers conferred by
Congress. They contain several different plans for leasing the lands, and for
placing them under the charge of persons, variously appointed,, for that pur-
pose, and for preserving them from waste and intrusion; and they provide no less
than four different schemes for establishing public schools. But, after eighteen
years' experience, the whole may be considered a failure.. No adequate income

*See, 1. n A., A appro ed 21st November, 1:828.
2. "L 11th February, 1832.
3. 15th February, 1834.
4.. "( 13th February, 1836.
5.. 12th February, 183..
6. 2d March, 1839.
7. 2d March, 1W40.
8. 15th March, 1843i
9.. 15th March, 1844-.

.28

has been derived from the system of leasing. Many of the finest sections have
been materially lessened in value by cultivation, pillage, and waste. And no in-
stance is known to the Board, where public schools have been established or
supported by funds derived from these lands.
The opinion, before expressed, adverse to renting or leasing Seminary lands,
has been greatly strengthened by witnessing these results of the same system so.
long tried with the sixteenth sections; and the reasons for selling the former de-
scription of lands, operate with equal force in favor of selling the latter a!so.
The Board believe that there is a radical defect in the disposition required by
law to be made of the common school fund, arising from sixteenth sections.---
The act of Congress, (3d March, 1845,) granting these lands to Florida, is very
precise in confining the benefits of each 16th section to the inhabitants of the
township in which it lies. Now, as regards: the settlement and population
of the country, this division into townships is perfectly arbitrary. They are often
fractional, or divided by rivers; swamps, or county lines, which prevent them
from becoming convenient school districts. Four-fifths of the 16th.sections
may be estimated as worth nothing. It generally happens that the most val-
uable of them are surrounded by large bodies of fertile lands, owned by persons
who need no public aid to educate their children. While the poorer population,
who require such aid, are usually scattered about on thinner lands, where the
school section is of no value. The operation of the present law, therefore, is,
to provide a school fund for the. rich, and withhold it from the poor.
By a decision of the Secretary of the Treasury, which has come to the
knowledge of the Board since their last year's report, the act of 15th June,
1844, (see page 12 of that report,) does not authorize the selection of other
lands, in lieu of the 16th sections of those townships covered by the Forbes and
Arredondo Grants. This construction of the law reduces the quantity of
school lands to be selected at least 40,000 acres, and leaves the whole of Wa-
kulla, three-fourths of Gadsden, and nearly one-third of Leon and Alachua
counties, without any provision for common schools. The subject is presented
to the notice of the Legislature, in order that early application may be made
to Congress to remedy this defect of the law,, at the ensuing session.
If it is desirable, then, to have the benefits, arising from this fund, so distrib-
utcd as to do the greatest amount of good, as well as to secure the most efficient
system of public education, the proceeds of the. School Lands, must be consolida-
ted into a common fund and placed under a common superintendence.
By the grant, Florida holds these lands as a mere Trustee, anid any change
made in the terms of the trust, must be with the consent of Congress, and of
those for whose benefit it was created:. Congress has authorized several of the
States, (Ohio, Alabama, Indiana, &c.), to sell the Sixteenth Sections, and to
invest the money arising from the sale, in some productive funds, and the pro-
ceeds thereof to be forever applied fogi the use and support of Schools. But in
every instance, has tenaciously required that the inhabitants of each Town-
ship shall consent to the sale of their 16th section, and that the proceeds shall
enure to their separate use and benefit; "this consent to be obtained.in such man-
ern as the Legislature of said State shall by law direct."
If therefore Florida shall apply for authority to sell, and to consolidate the
proceeds into a common fund, Congress will certainly require that the like con-
sent shall be had, to both of these measures, of the inhabitants of the several
Townships. And it will be well for the present Legislature to adopt means
for obtaining the expression of this consent, in time to meet such law as Con.
gress may enact.
The sale of the Scnool Lands will also be a work of time, and can now
be effected, to any advantage, only in the older settled parts of the State. The
terms and regulations for selling them, and for investing the proceeds, may be
the same as already proposed for the Seminary Lands., It is however supposed,
that not one fourth, perhaps even less than one fifth part, of the whole amount
of the Sixteenth Sections already surveyed, are of any value. They will there-.
Sore form a very inadequate fund to sustain such a system of Public Education,

29

as it should be the ambition of every-patriotic citizen to see successfully introdu-
ced and supported in Florida. It then behooves the Legislature, in the com-
mencement of our career as a State; to examine well all those resources which
may be rendered available to this end, before they are diverted and exhausted
upon other objects of less importance to the public welfare.
In this connexion, the Board maybe pardoned for referring to tile magnificent
donation, by the General Government, of 500,000 acres of public lands, for In-
ternal Improvements. No doubt that this fund might be judiciously expended
in Internal Inprovements, so as greatly to benefit local interests, in varioustparts
Sof the State. But to accomplish any works of moment the whole fund must be
embarked, and ultimately expended. If they end in failure (and how often have
State cnterprizes of this sort thus terminated !) the error can never be retracted.
If conducted with the best judgment, and crowned with the utmost success,
still their benefits are very unequally diffused, in reference to all parts of the
State. On the other hand, the advantage of a good system of Public Educa-
tion will be diffused through every neighborhood, will reach every hamlet, will
be seen and felt in our Courts, in our Elections, in our Churches. The poor-
est Families, the feeblest Counties will be the greatest gainers from such a sys-
tem. ]t will recognize no geographical distinctions, but the extreme parts of the
State, and the centre, will be alike partakers of the light and life it diffuses. But
the Board will not discuss the comparative importance of the two objects.
If this latter fund were added to those already pledged to the cause of edu-
cation, Florida would then be scarcely upon a footing with those States which
have become conspicuous for success in their public schools and colleges. Mas-
sachusetts, New York, and Virginia, have each an education fund of three
millions of dollars. Connecticut, with a territory less than a tenth part as
large as Florida, can boast of her school fund exceeding two millions. And in
all these States, their colleges and universities have large separate endowments.
Congress would no doubt promptly consent to the change. These lands can
then be disposed of, and the funds derived from them be invested in the man-
ner reclmmennded for Seminary and School lands. The principal would thus
remain untouched. And if any one now apprehends that the proposed change
may be a subject of future regret, let it be made with a proviso, that, at the
end of 20 years, the fund may be reverted to its original purposes, if those, who'
will then have the power, choose to do so.
Escheated estates, and fines and forfeitures, have also been appropriated in
.other States, to enlarge their education fund.
In the hope that the foregoing hints and suggestions may be favorably con-
sidered by the Legislature, the Board will close their report, with a remark or
two on such initiatory measures, as may prepare the way for commencing a sys-
tem of Public Education.
After the maturest reflection, it is submitted to the sound discretion of the Leg-
islature, whether the superintendence of public education should not be as
carefully separated from all other public offices, as is the judicial department o
the government. Its great importance, the distinct nature ofits duties, the
peculiar habits and qualifications it requires, and the labor, time, energy, and
independence, necessary to conduct its busmess with success, all show that it
should be disconnected from any other important public matter. In some of
the States, these duties are made the mere appendage to other public offices,
and it is not to be wondered at that their systems of public education are at-
tended with so little success.
It is also submitted that measures be taken to have a system of common
school education prepared, and laid before the Legislature at its next session; so
that as soon as the public funds will warrant, every capable child in the State
-hall be taught at least to spell, and read, and write.
Those persons charged with preparing an efficient system for common schools,
will derive great aid from correct statistical information, in the following par-
ticulars: The number of white inhabitants, in three classes---lst. under 6 years
Q f age; 2d. between the ages of 6 and 12; and 3d, of 12, and under 18--.dis-

tinguishing- those who, can, and those who, cannot read' and write;. ih' the 311
class; those who live in cities, towns, and villages, and those in the country,.
designating their residence by the township, range,.and section. These returns
to be rendered by parents and guardians,. in familiss-with their ability or ina-
bility to pay for the teaching of their children, and: the number of; these kept at
school during any 3 months of the year; the number and names of teachers;
the branches of education taught by them; the number of months employed
during the year; the average number of scholars per quarter; rates of tuition;.
the number and description of school houses, &c.
These statistics may be obtained, through the agency of tax assessors and,
collectors, at no farther expense, than in the printing and distributing, of the
necessary blank forms; to be returned, when they make their tax returns.
The assessors might also be required to inspect and value the sixteenth sec-
tions in their respective counties, and return.'in the same manner such, valua-
tion, with an accurate description of the quality and condition of these
lands. All of which is most respectfully submitted.
BENJ. F. WHITNER,
President of Trustees of Seminary Lands.

A.
A. +: D ', .

STATEMENT OF SE1MIN3ARY FUNDS.
DR. CR.

By cash on hand rep'd in '45, 115 85 To Gov. Moseley for loca- 600 .0
part of 8 pr ct. loan of'44, 952 00 ting agent, 6 0
rents collected inGads- 589 38 Agent for Gadsden act. 147 50
den, 1844-5, 1844,-s5and 6,
do. in Jackson, 1844-5, 129 50 Jury fee, ease of G. King, 3 00
Bank of Florida bills 100n "Dr. White for expenses, 5197
of Treasurer, dis. on bank of Fla. bills, 2000
Premium on Treasury 83 18 1 paid postages, paper, &c., 2,32
certificates, i B. Barkley, locating ag't. 12950
-- balance in Pres's hands
1,969911 in cash and Treasury 1061 62
certificates, 4th Nov. )

_$1,96991
By am't brought down, 1061 62
5 pr ct. fund of '45, in 97580
hand of B. Bird, treas'r.
bal.of 8 pr et.loan andint., 88832
rents in Gadsden for '44, 550
S '45, 17950
"" Jackson 500
unsettled acct. of Hon. 1 5i
T. Baltzell, 7
am't in Territori.
al treasury, 55.35
"school fund in ter.
treasury 85.25

140.60
ded. bank Fla. bills, 100.00
By balunce due Sem. Fund, 40 60

S$3,280 40

D.
STATEMENT Ol' LESSEES AND REW NS FOft ls84.
GADSDEN COUNTY.
NAMES OF LESSEES. j PRICE. [[ NAMES OF LESSEES. PRICE.
"William S. Gunn, 7500 Alexander Campbell, 18100
Elizabeth McLauchlan, 75 00 William E. Howell. 1700
JAohn Buie, 6000 William B. Seely, 1500
Thomas J. Kain, 5000 Harris T. Wyatt, 15 00
A. H.Campbell, 45 00 Thomas D. Wilson, 15 00
David WV. Holloman, 3500 William Swanmi,:, 1500
Uz Williams, 3500 A. H. Alley, 1000
Robt. S. Tucker,- 3500 Thomas King, 10 00
John McUlily, 35 00 Jonas Woodberry, 1000
Peter Wylie, 30 00 John Cla, 500
Geo. W. Phillips, 30 00 William Edwards, 3 350
William Russel, 30 00 Daniel Leslie, 2 00
Charles S Sibley, 30 00 B. J. Lambert, adm'r., 2000
William Mitchell, 2500
Roderick K. Shaw, 2000 155
Samuel Woodberry, 20 650
William J. Atwater, 20 00
$--805150
$650 001,
JACKSON COUNTY;
NAMES OF LESSEES. PRICE. NAMES OF LESSEES. PRICE.
John G. Russ, 17 50 Thomas M. White, 7750
John P. Lockey, 1200 Joseph T. Russ, 1750
Elizabeth Tanner, 35 00
Joseph W. Ross, (nominal,) 1 0 9500
Richard G. Cooper, do. 100 7400
James E. Coulette, 7 50
S-- $16900
$7400
"MADISON COUNTY.
NAME OF LESSEE. PRICE.
K. G. Mays, j I -

32

SMONDAY', December 7th, 1846.
"The House diet pursuant to adjournment; a quorum being preserif
after prayer by the Rev. Mir Foster, the journal of yesterday's po-
ceedings was read and approved.
Mr. Aldrich gave notice that, at some future day, he will ask leave
to introduce a bill to provide for the appointment of guardians, and
for other purposes; also,
A bill to be entitled an act to alter the Constitution of this State, ini
such manner that an apportionment of Representation shall be made,
whenever an enumeration of the inhabitants of the State shall be
made, either by the United States, or by this State.
Mr. Westcott, according to previous notice, introduced a bill to be
entitled an act for the purpose of dividing the different counties in
this State into departments, or precincts; establishing a board of coun-
ty commissioners in each county, and defining their duties; which
was read the first time, and ordered for a second reading on to-mor-
row.
On motion of Mr. Westcott, seventy-five copies of said bill vere
ordered to be printed. .
Mr. Jones gave notice that he will, on some future day, ask leave to
introduce a bill to be entitled an act to amend an act entitled an act, to
organize the Circuit Courts of the State of Florida, approved 22d of
July, 1845, so as to except the Southern Circuit from the operation of
the 6th section of said recited act.
Mr. Stockton gave notice that, on some future day, he will ask leave
to introduce a bill entitled an act to establish a tariff of fees.
Mr. Towie gave notice that he will, at some future day, introduce
a bill to amend the act, entitled an act to organize the Circuit Court
of the State of Florida, approved July 22d, 1845.
Mr. Reardon gave notice that he will, at some future day, introduce
a bill to alter the boundary line of Marion county.
Mr. Fletcher gave notice that he would to-morrow introduce a bill
entitled an act in addition to an act entitled an act to prevent the fu-
ture migration of free negroes and mulattoes to this Territory, and
for other purposes, passed February 10th, 1832.
Mr. Jernigan, according to previous notice, introduced a bill to be
entitled an act relating to the duties of the Clerk of the Circuit Court,
cting for the Counties of Orange and St. Lucie; which was read the
first time, and ordered for to-morrow.
Mr. Towle, according to previous notice, introduced a bill to be en-
titled an act to admit Wilkinson Call to practice law in the several
courts in this State; which was read the first time, and ordered for toj
morrow.
Mr. Cooper, according to previous notice, introduced a bill to be
entitled an act to admit George W. Stewart to practice law in the
several courts of this State; which was read the first time, and order
ed for to-morrow.
The Speaker laid before the House a communication from the Clerk
of the Supreme Court, transmitting a copy of the rules adopted by
the Supreme Court at its last session; which was read; and on mo-
tionof Mr. Aldrich, referred, together with copy of the rules sent, to
the Committee on the Judiciary.
The Speaker also laid before the House another communication

33

from the Clerk of the Suprem& Court, in reference to the seal adopted
by said Supreme Court at its last session.
"On motion of Mr. Reardon, a select committee,' consisting of
Messrs. Reardon, Towle, and Avety, was appointed to inspect the
Seals of the different offices in the Capitol, as well as the seal of
the Supreme Court.
Mr. Keardon introduced the following preamble and resolutions.
Preamble and resolutions for clearinig out the Ocl.isaha river.
WHEREAS,' It has been the policy of the United States' government
to appropriate motie for the improvement of sihth rivers as water
large tracts of land belonging to it.; And whereas, the Oclawaha riv-
er in East Florida passes through large bodies of fertile land, which
are yet in a great rteasure unnoticed by emigrants coming into the
country, owing entirely to their remoteness from navigation; And
whereas, from the head of Silver Spring to the mouth of said river, a
distance of 65 miles, would if navigable, tend to make saleable an
immense tract of country which will otherwise remain for years val-
Ueless to the government, and destitute of that population which by
nature it is intended to support; And whereas, the importance of
this stream has heretofore received the attention of Congress, when
an appropriation of $10,000 wasgiven for clearing out the obstructions
-which are entirely of an artificial nature, but which appropriation
could not be used wiitlin the time prescribed by law, owing to the
dangers of the Indian war, after a part of the money had been expen-
ded in the purchase of tools,machinery, &c.,-which were afterwards
sold and the money returned to the treasury; And whereas, it is well
ascertained that the expense of rendering said river navigable as afore-
"-aid, would be small, and inconsiderable compared with the benefitto
be derived therefrom by the United States government, inasmuch as
the only serious obstacles consist of fallen and floating timber, not dif-
ficult to remove,; and it being well known that the said river is capa-
ble of affording sufficient water for both bargesand small class steam-
ers at all seasons of the year from the head of Silver Springs, (the
centre of East Florida,) to the St. Johns river, in which it empties.
Therefore,
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That our Senators
and Representative in Congress be requested to.use their exertions to
procure the re-appropriation of $10,000 for the accomplishment of the
object set forth in: the foregoing preamble.
Be itfurtherresolved, That certified copies hereof be signed by the
proper officers of the General Assembly and transmitted by the'Gov-
ernor to our Senators and Representative in Congress at as early a
day as practicable.
Which were read the first time and ordered for a second reading
on to-morrow.
Mr. Reardon also introduced the following:
Preamble and resolution relating to settlers under the "armed occu-
pation act."
WHEREAS, The time required by law for settlers under the' armed
occupation Act, approved August 4th, 1842, to prove their residence
and cultivation of their respective donations will expire during the
coming year; And whereas, the Commissioner of the General
5

-34,

Land office has authority to appoint a tribunal to receive such proof;
And Whereas, if settlers under said act are compelled to go with their
witnesses before the Registers and Receivers of the respective Land
Offices at Newnansville and St. Augustine, it will be attended with
serious inconvenience and expense, which, many of them are unable
to bear; therefore:
Be it resolved by the Senate and House of Revresentatives of the
State of Florida in General Assembly concerned That the Commis-
sioner of the General Land Office be hereby respectfully requested to
appoint a Board of Commissioners, to sit once, at least, in each coun-
ty where such donations have been granted, to take testimony in re-
lation to the settlers having complied with the law aforesaid.
And be it further resolved, That his Excellency the Governor of
Florida be requested to forward this preamble and resolutions to the
Commissioner of the General Land Office at some early period.
Mr. Jones offered the following preamble and resolution:
WHEREAS, The Hon. Richard F. Brantly deceased, late a member of
the last House of Representatives of this State from the county of
Monroe, was on the 20th of December, 1845, elected and on 22d of
same month commissioned Solicitor of the Southern Circuit, but was
prevented by continued illness from finally'qualifying to his said com-
mission in the mode prescribed by law until the time of his decease,
which took place on the 16th of February, 1846 ; And whereas, it ap-
pears that the claim of the representatives of said Brantly for salary
due him frsm 22d Dec., 1845 to 16th of Feb. 1846, has not been aud-
ited at the Comptroller's office in consequence of the omission to qual-
ify as before mentioned. Therefore,
Resolved by the Senate and House of Representatives of the State
of Florida in General Assembly convened, i hat the Comptoller of
this State be, and he is hereby directed to audit siid claim, allowing
salary at the rate prescribed by law for balance of Solicitors, from the
date of said commission to the time of the decease of said Brantly;
the sum so allowed to be paid by warrants on the treasury, as in oth-
er cases.
Mr. Broward, from the Committ6e on Finance, made the following'
report:
The Committee on Finance and Public Accounts, to whom was re-
ferred the correspondence of the Treasurer of the State, in relation
to the several proposals of Frederic Hock, has had the same under
consideration, and respectfully ask leave to report:
That your committee, after having carefully considered the several
proposals of the said Hock, viz: to pay fifty dollars and costs of court,
and relinquish his claim to lot number (56,) fifty-six, in section (36,)
thirty-six, township one, range one, North and West; or that he will
pay two hundred dollars and costs of court, provided a deed may be
made to him for the same, ask leave to offer the following resolution:
Resolved, by the Senate and House of Representatives of the State
of Florida, in General Assembly convened, That the Treasurer of the
State be, and he is hereby, authorized and empowered to make a deed
of lot number (56,) fifty-six, in section (36,) thirty-six, township (1,)
one, range (1,) one, North and West, to the said Frederic Hock, upon
the payment of two hundred dollars and costs of suit; and he remain
discharged from the judgment: Provided, That after a proper exami-

nation of the circumstances connected with this case, it appears to the
said Treasurer that this is the best disposition which can be made of
said lot. .
"F. BROWARD, Chairman.
CHIAS. RUSSELL,
JNO. FINLAYSON,
WM. R. TAYLOR,
P. A. STOCKTON,
0. M. AVERY,
"JOHN G. SMITH.
Which was received, and the resolution reported read the first
time, and ordered tor a second reading on to-morrow.
On motion of Mr. Farrior, the rule was waived, and he was permit-
ted to introduce a bill to be entitled an act to amend ,an act to provide
for the appointment of weighers of cotton, and other produce, and in-
spectors of wood, lumber, and tobacco, in and for the County of
Franklin; which was read the first time, and ordered tor a second read-
ing on to-morrow.
On notion of Mr.Reardon, the rule was waived, and the vote order-
ing the printing of seventy-five copies of a bill to be entitled an act for
the purpose of dividing the different counties of this State into depart-
ments, or precincts; establishing a Board of County Commissioners in
each county, and defining their duties, was reconsidered.
Mr. Towle, from a select committee, reported back to the House the
petition of John B. De Corce, and asked leave to have said petition
amended; which was granted.
Mr. Fisher, from a select committee, made the following report:
The select committee, to whom was referred the petition of Wil-
liam Cauthon, of the county of Walton, praying that his infant chil-
dren, to wit: Willam Jefferson Fountain, Sarah Elizabeth Fountain,
Nancy Fountain, Susan W. Fountain, Judith Henrietta Fountain,
Lafayette F. VV. Andrew Fountain, Mary Bellow Fountain, and Hosea
Bellow Fountain, should be legitimate, and their nanies changed, re-
spectfully report: that they have had the same under consideration, and
are of opinion that the prayer of the petitioner is a reasonable one. They
therefore, respectfully recommend the passage of the accompanying
bill, entitled an act to legitimate and change the names of William
Jefferson Fountain, and others therein named.
GEORGE D. FISHER, Chairman Slect Committee.
Which was received, and the bill reported read the first time.
Mr. Farrior moved the rules be waived, said bill be read the second
and third times, and put upon its passage; which motion prevailed, and
said bill read the second and third times.
On the question shall the bill pass, the yeas and nays were,
Yeas-Messrs. Aldrich, Canova, Cooper, Daniel, Farrior, Finlay-
son, Fisher, Fletcher, Gaylor, Gibson, Gregory, Hancock, Houston,
Jernigan, Jones, Leonard, Maxwell, Mcintosh, Munroe, Reardon,
Russell, Smith, Stockton, Stone, Tanner; Towle, Tracey, Ward. Wa.
terson, Williams, Wy nns, and Mr. Speaker-.-32.
Nays---Messrs. Avery, Broward, Carter, and Taylor-4.
So the bill passed-title as,stated. Ordered, that the same be cer-
tified to the Senate.
The Senate transmitted to the House preamble and resolutions rela-
ting to a mail route from Milton via Escambia and Nathansville, to
Sparta, Alabama.

'36:

"Which were read the first time, and ordered for a second reading
on to-morrow.
ORDERS OF THE DAY.
Preamble and resolutions in relation to the Haul-over, on the Atlan-
tic costt, were read the second time.
On motion of Mr. Gould, the rule was waived, said preamble and
resolutions read the third time and adopted. Ordered, that it be cer-
tified to the Senate.
There being no further business before the House, on motion of Mr.
Ward, the House adjourned till to-morrow morning 10 o'clock.

TUESDAY, December 8th, 1846.
The House met purs.uant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the journal of yesterday's pro-
ceedings was read and approved.
Mr. Russell, according t.o previous notice, introduced a bill to been-
iitled an act to alter the southern boundary of Benton county, and to
re-establish the line dividing Hillsborough and Beion counties; which:
was read the first time, and ordered for to-morrow.
Mr. Towle, according to previous notice, introduced a bill, to he en-
titled an act to amend an act entitled an act to organize the Circuit
Courts of the State of Florida, approved July 22, 1845; which, Was
read the first time, and ordered for to-morrow.
Mr. Fletcher, according to previous n' twice, introduced a bill to be
entitled an act, in addition to an act entitled an act to prevent the future
migration of free negroes and mulattoes to this Territory, and for other
purposes, passed February 10th, 1832; which was read the first time,
and ordered for to-morrow.
Mr. Waterson, according to previous notice, introduced a bill to be
entitled an act to regulate Pilotage, at the port of Cedar Keys; which
was read the first time, and ordered for to morrow.
On motion of Mr. Fisher, Mr. Farrior was added to the Committee
on Revising and, Amending the Constitution.
"Mr. Jones, according to previous notice, introduced a bill, to be enti-
tled an act to amend an act entitled an act to organize the Circuit
Courts of the State of Florida, approved July 22, 1845; which was
read the first time, and ordered for to-morrow.
Mr. Jones gave notice that he would ask leave on to-morrow to bring
in a bill to be entitled an act for ihe security of property found dere-
lict, or saved from the reefs and shores of the collection district of Key
West.
Mr. Towle presented the amended petition of John B. DeCorce,
and on his motion was gain referred to the select committee, consist-
ing of Messrs. Towle. Tanner, and Aldrich.
On motion of Mr. Taylor, the rule was waived, and Mr. Jones add-
ed to the Committee on Reviing and Amending the Constitution.
Mr. Gould offered the following resolution:
resolvedd, That the Committee on Revisions and Amendments of the
Constitution be instructed to report a bill, so ameridi g the 12th clause
of the 5th article of the Constitution, as to make the judges of the
Circuit Courts elective by the people, and to fix their term of ser-,
vice; which was, on motion of Mr. Leonard, laid on the table.

32'

Mr. Gould also introduced the following:
Resolved, That theCommittee on Revisions and Amendments of the
Constitution be instruct ed to examine into and reportthe propriety of
amending the Constitution of this State, so as to abolish the present
boari of County Commissioners' systein, and in lieu thereof, revive the
old County Court system; which was rejected.
Mr. Jernigan offered the following preamble and resolutions:
WHEREAS, The policy of the Federal government has permitted a
remnant of the Seminole indians to remain in Florida, and assigned to
them temporary limits on the Peninsula; And whereas, they have not
remained within their boundary, but are frequently in parties beyond
their limits, prowling through the settlements of the whites, killing and
harassing stock-which it is seriously believed will at a period not
far distant, cease to be endured, and terminate in results fatal to our
frontier inhabitants and injurious to the interests and prosperity of the
State; And whereas, their removal to the territory ass-igned them in
the West would tend to encourage immigration and agriculture, and
the development of ti:e resources of our State. Therefore,
Be it Resolved, by the Senate and House of Representatives of the
State of Florida, in General Assembly concerned, That our Senators
and Representative in Congress be requested to use their best endea-
vors to procure a speedy removal of the Seminole indians now remain-
ing in Florida.
Be it further resolved, That his Excellency the Governor be re-
quested to forward to our Senators and Representative ii Congress a
copy hereof.
S which was read the first time, and ordered for to-morrow.
Mr. Broward, from the Committee on Finance and Public Accounts,
made the fo lowing report:
The committee on Finance and Public Accounts, to whom was re-
ferred a bill to be entitled An act for the payment of the mileage and
per diem of John M. J. Bowden, have had the same under considera-
tion, and beg leave to
REPORT':-That it having been decided by a unanimous vote of
this House that the contestant, John M. J. Bowdei was not enti led to
his seat as the Representative from Duval county, and that Antonia A.
Canova was entitled to the seat; your committee cannot recommend
the appropriation of money from the treasury for the payment ot the
mileage and per diem of the said Bowden: believing as they do that
it would be establishing a bad precedent, and most injurious to the in-
terests of the State. All of which is respectfully submitted.
F. BROW ARD, Chairman.
JNO. FINLAYSON,
JNO. G. SMITH,
CHARLES RUSSELL.
Which was received, and the bill reported placed among the orders
of the day.
Mr. Avery, from the same committee, made the following minority
report:
The undersigned,one of the committee to whom was referred the
bill- for payment of mileage and per diem to J. M. J. Bowden
differing in his conclusions Irom the majority of the committee, begs
leave to present his views in the following
REPORT:-The undersigned proceeds upon this assumption,
which is: That if the facts which induced the said J. M. J. Bowden

to attempt to oust Antoiiio A. Canova from his seat in ihis House
were suchias would induce any reasonable, intelligent man to pursue
the same course, he is entitled to the mileage and per diem asked
for in the bill.
Let us examine the facts in this case : It appears that atan election
held in Duval county, Mr. Canova received of the whole number of
votes polled legally or illegally; 198
That J. M.J. Bowden received of the same, 199
Majority for Bowden, 1
It appears farther, that the Inspectors of the election in one of the
precincts, from some cause, which is not made to appear, but probably
from ignorance, instead of taking the last election law to govern their
proceedings were governed by a prior election law ; on this account
the Judge of Probates took upon himself the responsibility of excluding
the poll book of that precinct entirely, although in the certificate upon
the back of the list containing the name of each voter, the whole
number of votes given at that precinct and the number given for
each of the candidates was distinctly stated, and sworn to by
the Inspectors and clerk of the election. There was given at that
precint 9 votes for Bowden ; which taken from 199, (the whole num-
ber cast for Bowden,) leaves 190. There were also 7 cast for Conova;
which taken from 198, (the whole number cast for Canova,) leaves
191; majority in this case for Canova, 1.
It is the opinion of the undersigned that Mr. Bowden had reason
to suppose the case would rest here; and that upon his exhibiting ev-
idence to this House that he had received the greatest number of legal
votes polled in his county-of votes cast within the time prescribed
by law, he would be permitted to take his seat.
It is the opinion of the undersigned that Jr. Bowden, had reason to
suppose that this House would not look beyond the list of voters to
ascertain who did or did not intend to vote. Once open upon this
line of enquiry, and where will the end be 1 Make the intent to vote
of the same weight as the vote itself! It is true-it may save the vo-
ters some trouble as in that case all which will be necessary will be
for the candidates to go around the country, ascertain the intent of
each voter, make returns to the proper officer, and the business is done
at once.
To this end the undersigned thinks every one must see, this prac-
tice will tend.
Here were two men picked up by the Respondent, and who make
oath to what ? Why, that they intended to vote. Suppose they did
intend to vote, how many contingencies might have intervened to pre-
vent their voting. Death or accident might have prevented, or if not
these, when at the polls it might be made to appear they were not le-
gally qualified to vote. If, being qualified, they were debarred by the
conduct of the Inspectors, an injury was done not only to themselves,
but to the State, and the remedy for both was plain.
The undersigned thinks it would have been proper to exclude the
vote of.Bozee as illegal. Himself and family having been absent
from Florida as it appears from his own statement about two years,
and he having voted in Georgia in the meantime. IThe undersigned
thinks there cannot be much doubt as to the person for whom he voted.

39

Taking this view of the matter, the vote stands thus-
For Bowden, 199
"' Canova, 197
Majority foi Bowden, 2
In making this statement, the undersigned does not mean to reflect
upon anything which a former committee has done. He is but pre-
senting his view of the claini of Mr. Bowden for mileage and per
diem. And being fully impressed with the belief that he has acted in
this matter as became a man of good sense, who was determined to
ascertain and maintain his rights, would 'respectfully recommend that
the bill entitled An act making appropriation for payment of the
mileage and per diem of John M. J. Bowden, be passed Without a-
mendment. O. M. AVERY.
Mr. Avery, from the Committee on Revising and Amending the
Constitution, made the following report:
The committee on Amendments and Revisions of the Constitution,
to which was referred a bill to be entitled An act so to alter the Con-
stitution of the State of Florida as to have Judges of Probate elected
instead of appointed, report the bill back with the following amend-
ment of the title, to wit: strike out the last three words in the title,
to wit: the word. "instead of appointed."
"The committee highly approve of the object proposed to be attain-
ed by the bill and recommend its passage.
LOUIS ALDRICH,
JOHN TANNER,
JOHN WESTCOTT,
0. M. AVERY.
The undersigned dissents from the foregoing report, believing it in-
expedient at this time to make the proposed alteration.
WM. R. TAYLOR.
Which was received, and the bill reported placed among the orders
of the day.
Mr Wvnns, from the Committee on Propositions and Grievances,
made the following report:
The committee on Propositions and Grievances, to whom was re-
ferred that portion of the Governor's message, relative to losses
sustained by citizens of this State in the late Seminole war, have
had the same under consideration, and beg leave, respectfully, to sub-
mit the following
REPORT:-That whereas numbers of our citizens suffered great
losses from depredations of the Indians in the late Seminole war,
for which we consider the General government responsible, and for
which no compensation has been made. Therefore
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That our Senators
and Representative in Congress be, and they are hereby requested to
use their best endeavors, at as early a period as possible to bring this
matter before Congress, and to procure an appropriation for the remu-
neration and indemnity of the said sufferers.

40

Resolved, That a copy of the foregoing preamble and resolution be
transmitted to our Senators and Reprezentative in Congress.
BENJAMIN WYNNS, Chairman.
R. R. FLETCHER,
SWM. D. WARD,
JOHN WATERS ION,
STEPHEN DANIEL,
"W. M. MAXWELL.
Which was received and. the resolution reported read the first
time, and ordered for to-morrow.
Mr. Wynns, from the same committee, made the following report:
The committee on Propositions and grievances to whom was referred
the petition of L. N. Amos, and others of Santa Rosa county, in be-
half of William McKain of said county, have investigated the matter
and respectfully offer the, following
REPORT: That although they are in nowise disposed to counten-
ance or tolerate gambling in any form or under any circumstances,
yet in carrying out the laws against it, there may be cases where a
mitigated punishment will answer all, the purposes contemplated for
the benefit of the community and avoid oppression to individuals.
W'th these premises, they consider in the matter before them, that
the penalties already inflicted, with costs ofo suit and other
losses occasioned by the prosecution, are sufficient Ior the purposes of
the law, and to attain the object intended ; and therefore recommend
that the petition be granted, and the fine remitted.
BENJAMIN WYNNS, Chairman.
R. R. FLETCHER,
WILLIAM D. WARD,
"JOHN WATERSTON,
STEPHEN DANIEL,
WILLIAM M. MAXWELL.
Which was received,
Mr. Wynns, from the same committee, made the following report:.
The'committee on Propositions and Grievances to whoin was refer-
red a preamble and resolutions relative to a ligat house at or near
the mouth of Suwannee river, have had the same under consideration
and respectfully submit the following
REPORT:-That upon investigation, they find that at the last ses-
sion of the General Assembly a resolution (number nine,) was passed,
embracing the same object. But regarding as they do, the great im-
portance of affording every encouragement and facility to the enter-
prise, industry and commerce of the country, they heartily concur in
the object of the resolution, and recommend that it be adopted in order
that the matter may again be pressed upon the earnest attention of our:
Representative in Congress.
BENJAMIN WYNNS, Chiairma-n,.
R. R. FLETCHER,
WM. D. WARD,
JOHN WATERSTO'N,
STEPHEN DANIEL,
WM. Me MAXWELL.
Which was received, and resolution referred to placed among the
orders of the day.
Mr. Wynns, from the same committee, made the following report:
The Committee on Propositions and Grievances, to whom was .re-

41

fcrred the presentment of' the Grand Jury of St. John's county, have
had the same under consideration, and respectfully
REPORT :--That after having carefully examined and deliberated
on the several matters treated of in said presentment, they find only
one subject coming properly within the cognizance of this committee,
to wit: that relative to the working of the roads in said county.
Yourcommittee are equally at a loss with the Grand Jury, to devise
a remedy for the evil complained of, otherwise than by enforcing the
laws already made and provided for such cases, and beg to be dis-
charged from the further consideration thereof.
BENJAMIN WYNNS, Chairman,
R. R.FLETCHER,
WM. D. WARD,
JOHN WATERSON,
STEPHEN DANIEL,
W. M. MAXWELL.
Which was received.
The Senate transmitted to the House preamble and resolution oriai-
nating in the House, asking Congress to grant to the State of Florida,
the barracks at St. Augustine, as having been adopted by 1hat body,
with the following amendments, to wit: Strike out from the 3id line
from the bottom, the word instructed,'' and insert "requested;"
also, after word "Resolved," in the 8th line, insert "'by the Senate
and House of Representatives of the State of Florida, in General As-
sembly convened;" which were, on motion of Mr. Aldrich, concurred
in. Ordered, That it be certified to the Senate.
Senate resolutions in relation to presentment of Grand Jury of St.
John's County, were read the first time, and ordered for a second read-
ing on to-morrow.
ORDERS OF THE DAY.
A bill to be entitled an act for the purpose of dividing the different
counties in this State into departments, or precincts; establishing a
board of County Commissioners in each county, and defining their
duties, came up, and on motion of Mr. Gould, postponed until to-
morrow.
A bill to be entitled an act relating to the duties of the Clerk of the
Circuit Court, acting for the counties of Orange and St. Lucie, came
up, and on motion of Mr. Gould, was laid on the table until to-mor-
row.
A bill to be entitled an act to admit Wilkinson Call to practice law
in the several courts in this State, came up on a second reading, and on
motion of Mr. Reardon, was referred to the Committee on the Judi-
ciary.
A bill to be entitled an act to admit George W. Stewart to prac-
tice law in the several courts in this State, came up on a second
reading, and on motion of Mr. Towle, was referred to the Committee
on the Judiciary.
A bill to be entitled an act to amend an act to provide for the ap-
pointmentof Weighers of Cotton, and other produce, and inspectors
of wood, lumber, and tobacco, in and for the county of Franklin, was
read a second time.
Mr. Tanner moved the rule be waived, said bill read a third time
and put on its passage; which was lost. Said bill was then ordered
to be engrossed for a third reading on to-morrow.
^ / -

42

Preamble and resolutions for cleantig out the Ocklawaha river,
came up on a second reading, and on motion of Mr. Aldrich, was re
ferred to the Committee on Internal Improvements .
Preamble and resolutions, relating to settlers under the armed oc.
cupation act, were read a second time, and ordered to be engrossed for
to-morrow.
Preamble and resolution relating to the payment of the salary of
Richard F. Brantly, late Soliditor of the Southern Circuit, were read
a second tine, and ordered to be engrossed for to-morrow.
Resolution in relation to the lot purchased by Frederick Hoc, of the
Commissioner of the Tallahassee fund, was read the second timn
and ordered to be engrossed for to-morrow.
Senate preamble and resolution relating to a mail route from Milton,
via Escambia and Nathansville, to Sparta, Alabama, were read a sec-
ond time, and ordered for a third reading on to-morrow.
A bill to be entitled an act making appropriation for the payment of
the mileage and per diem of John M. J. Bowden, came up, and Mr.
Russell moved to lay the same on ihe table. Upon which, the yeas
and nays were called for, by Messrs. Avery and Stockton, and were,
Yeas-Messrs. Aldrich, Broward, Cooper, Daniel, Farrior, Finlay.
son, Gaylor, Gould, Gregory, Hancock, Houston, Jernigan, Russell,
Smith, Stone, Tanner, Taylor, Ward, Williams, Woodruff Wynns,
and Mr. Speaker-22.
Nays--Vessrs. Avery, Fisher, Gibson, Jones, Leonard, Maxwell,
McIntosh, Monroe, Stockton, Towle, Tracey, and Waterson---12.
So the said bill was laid on the table.
A bill to be entitled an act so to alter the Constitution of the State
as to have Judges of Probate elected, instead of appointed, came up on
a second reading; and the amendment proposed by the Committee on
Revising and Amending the Constitution, to wit: to strike out the
words instead of appointed" in the title, was adopted.
Mr. Leonard moved the House go into Committee of the Whole on
said bill; whichwas lost.
Mr. Taylor moved said bill be indefinitely postponed. Upon which,
the yeas and nays were called for, by Messrs. Canova and Russell,
and were,
Yeas--Messrs. Canova, Cooper, Daniel, Finlayson, Fisher, Gibson,
Gregory, Hancock, Jones, Smith, Stone, Taylor, Towle, Ward, and
Woodruff-15.
Nays-Messrs. Aldrich, Broward, Farrior, Fletcher, Gould, Hous-
ton, Jernigan, Leonard, Maxwell, Monroe, Russell, Stockton, Tanner,
Tracey, Waterson, Williams, Wynns, and Mr. Speaker--18.
Mr. Avery was excused from voting.
Yeas 15, nays 18; so the motion was lost.
Said bill was then ordered to be engrossed for a third reading on
to-morrow.
Preamble and resolution in relation to a light-house at or near the
mouth of SuWannee river, were read the second time, and on motion
of Mr. Jones, the rule was waived, said preamble and resolution read
the third time, and adopted.
On motion of Mr. Maxwell, the rules were waived, and the follow-
ing notices given, to wit:
By Mr. Maxwell:
That on some future day, lie would ask leave to introduce a bill to
be entitled an act to alter so much of the first section of the second

43.

article of an act, entitled an act relative to elections in this State, as.
relates to, the qualification of voters..
By Mr. Towle:
That l e would, on some future day, ask leave to introduce a bill
to be entitled an act to admit Charles P, Cooper to practice as an at-
torney and solicitor in the several courts in this State.
On motion of Mr. Farrior, the House then adjourned till; to-morrow.
morning 10 o'clock.

WEDNESDAY, December 9th, 1846..
The House met pursuant to adjournment; a quorum being present,.
after prayer by ihe Rev. Mr. Foster, the journal of yesterday pro-
ceedings was read and approved.
Mr. Aldrich gave notice that, at some future day, he would ask
leave to introduce a bill to be entitled an act to amend an act entitled.
an act to organize the Circuit Courts of the State of Florida.
S Mr. Gould gave notice thit he would, on some future day, ask leave-
to introduce a bill to be entitled an act so to amend the 12th section
of the 5th article of the constitution of the State of Florida, as to
make the judges of the Circuit Court elective by the people, and to
fix their term of office.
Mr. Jones, according to previous notice, introduced a bill to be enti-
tied an act for the security of property found derelict, or saved from the
reefs and shores of the collection district of Key West; which was
read the first time, and ordered for to-morroW.
Leave of absence was granted to Mr.. McIntosh until Saturday neat;
Mr. Leonard gave notice that he would, on sdme future day, ask
leave to introduce a bill to be entitled an act to' amend an act to organ-
ize the militia: of the State of Florida, approved December 27, 1845.
Mr. Stone gave notice that he would, on some future day, ask leave'
to introduce a bill to locate permanently the County site of Calhoun
county.
Mr. Canova gave notice that he would, on to-morrow, ask leave to
introduce a bill to alter and change the name of Theodora Catoline
Trezvant.
Mr. Broward moved that the Comptrbller.of Public Accounts be re-
quested to furnish this House with such information of which he is,
-in possession, iit relation to the amount of taxes assessed in the coun-
ties of Escambia, Santa Rosa, Calhoun, Franklin, Levy, Nassau, St..
Lucie, Dade, and Munroe, for the yiar 1845, and Dade and St. Lucie
for the year 1.846, not contained in any report heretofore made to this
House; which motion prevailed..
Mr. Avery offered the following preamble and resolution:
WHEREAS, it is of great importance to the interest of Education,.
that the request contained in the resolutions in relation to the Semin-
ary lands &c., passed the last General Assembly, and approved by the
Governor, Dec. 20th, 1845, be complied with, tferefore-
Be it resolved by the Senate and House of Represeetatives of the-
State of Florida, in General Assembly convened, That the Governor
be, arid he is hereby requested, to forward a copy of these resolutions-
to each of our Senators and to our Representative in Congress, and
calling their attention to them, request that they will use their utmost
endeavors to have such laws passed by Congress at the present ses-
sion as will meet the views therein expressed.

44

Which were read the first time, and ordered for to-morrow.
Mr. Avery also offered the following:
WHEREAS, the alteration of the Constitution of this State, in such
a manner as to require the Sessions of the General Assembly to be
held Biennially instead of Annually, is a subject which is now enga-
ging the attention of the people: And whereas, alterations of the fun-
damental law should always be made with great care and consideration:
And whereas, other states having adopted this system, it seems the
part of wisdom to avail ourselves of their experience as to whether it
does or does not operate beneficially, before taking any steps to alter
the Constitution of this State in that respect. Therefore,
Resolved by the Senate.and House of Representatives of the State
of Florida, in General Assembly convened, That the Governor be,
and he is hereby requested, to obtain of such departments of the sev-
eral states which have adopted the biennial systems, as he thinks
proper to address, information respecting the advantages or disadvan-
tages which have accrued to the state in consequence of the adoption
of the biennial system, and communicate the information he obtains to
the next General Assembly.
Which were read the first time, and ordered for to-morrow.
Mr. Aldrich made the following report:
The Committee on the Judiciary, to which was referred "An act to
make certified copies of Records Evidence," respectfully report said
bill, with the following amendment, to wit: in the eighth line of said
bill before the words "of the officer' insert the words "and if there be
no seal of office, then under the private seal." The committee highly
approve of the object proposed to be attained, and recommend the pas-
sage of the bill, with the above amendment.
LEWIS ALDRICH, Chairman,
JOHN TANNER,
SIMON TOWLE,
JOHN G. SMITH,
JOHN WESTCOTT,
W. D. WARD,
"BENJAMIN: WYNNS.
"Which was received, and the amendments proposed concurred in,
Said bill was then placed among the orders of the day.
Mr. Stockton, from a joint select committee, made the following re-
port:
The joint select Committee of the Senate and House of Represen-
tatives, who were appointed to examine the condition of the office of
Treasurer, beg leave to
REPORT:
That after a careful examination of the laws and vouchers and
books app6rtaining to the office ot Treasurer, the committee find them
all correct, also thatfrom the first of November, 1845, to first Novem-
ber, 1846, the amount received by the Treasurer was, $28,498 44
Amount paid out to 1st November 1846. 22,769 54

Amount on hand 85,728 90
"Your committee would further state the duties of the office for the
past year have been exceedingly laborious, and that the officer has

45

faithfully discharged his duties with 7eal and ability-all of which is
respectfully submitted.
D. G. McLEAN, Chairman,
On the part of the Senate.
P.,A. STOCKTON, Chairman,
On the part of the House.
The following message was received from the Senate:
SENATE CHAMBER, December 8th, 1846.
To the Hon. Speaker of the House of Representatives.
Sir:-The Senate have appointed Messrs. Kelly and Carter a joint
Committee on the part of the Senateto act with a like Committee from
the House, to consider the propriety of the 3d joint Rule adopted by
the General Assembly for the government of thle two Houses the pre-
sent session. Your obedient servant,
HUGH ARCHER, Sec. Senate.
Which was read, and on motion of Mr. Towle, a similar committee
was appointed, consisting of Messrs. Towle and Fletcher. Ordered,
that it be certified to the Senate.
House bill to be entitled an act for the benefit of Buchingham Smith,
was sent back by the Senate, as having passed that body withouL
amendment.
A bill from the Senate to be entitled an act so to amend the con-
stitution of this State, as to extend to all free white male inhabitants
being citizens of the United States, who shall have resided within the
State one year, the elective franchise, was read the first time, and or-
dered for to-morrow.
"ORDERS OF THE DAY.
A billto be entitled an act for the purpose of dividing the different
counties in this State into departments, or precincts; establishing a
board of county commissioners in each county, and defining their du-
ties, came up, and on motion of Mr. Westcott, was referred to the
Committee on the Judiciary.
A bill to be entitled an act relating to the duties of the clerk of the
circuit court, acting for the- counties of Orange and St. Lucie, was
read the third time.
On the question,'c Shall the bill pass?" the yeas and nays were,
Yeas-Messrs. Aldrich, Avery, Broward, Canova, Cooper,Daniel,Far-
rior,Finlayson, Fisher, Fletcher, Gaylor, Gibson, Gould, Gregory, Han-
cock, Houston. Jernigan, Jones, Leonard, Maxwell, McIntosh, Mon-
roe, Reardon, Russell, Smith, Stockton, Stone, Tanner, Towle, Tra-
cey. Ward, Waterson, Westcott, Williams, Woodruff, Wynns, and
Mr. Speaker-37.
Nays-Mr. Taylor-1.
So the bill passed-title as stated. Ordered, that it be certified to
the Senate.
A bill to be entitled an act to amend an act to provide for the ap-
pointment of Weighers of Cotton, and other produce, and inspectors
of wood, lumber, and tobacco, in and for the county of Franklin, was
read the third time.
On the question, Shall the bill pass?" the yeas and nays were,
"Yeas-Messrs. Aldrich, Avery, Canova, Cooper, Daniel, Farrior,
Finlayson, Fisher, Gaylor, Gibson, Gregory, Hancock, Houston, Jer-
iigan, Jones, Leonard, Maxwell, McIntosh, Monroe, Reardon, Russell,

Smith, Stockton, Stone, Tanner, Traeey, Ward, Waterson, Wllianms
Woodruff, Wynns, and Mr. Speaker-32.
Nays-Messrs. Taylor and Westcott-2.
So the bill passed-title as stated. OrderedThat it be certified to
the Senate.
Preamble and resolutions relating to settlers, under the armed occu-
pation law, were read the third time, and adopted. Ordered, that the
same he certified to the Senate.
Preamble and resolution relating to the payment of the' salary of
Richard F. Brantly, late solicitor of the Southern. Circuit, were read
the third time, and adopted. Ordered, that the same be certified to the
Senate.
Resolution in relation to the lot purchased by Frederick Hoc, of the
Commissioner of the Tallahassee fund, was read the third time, and
adopted. Ordered, that it be certified to the Senate.
Senate preamble and resolution relating to a mail route from Milton,
via Escambia and Nathansville, to Sparta, Alabama, were read the 3d
time, and adopted by the House, without amendment. Ordered, that
the same be certified to the Senate.
A bill to be entitled an act so to alter the constitution of the State
of Florida, as to have Judges of Probate, elected, was read the third.
time ..
On the question, ''Shall the bill pass?" the yeas and: nays were,
Yeas-Messrs. Aldrich, Bro ward, Daniel, Farrior, Fisher, Gaylor,
Gibson, Gould, Hancock, Jernigan, LeonardMaxwell,. McIntosh, Mon-
roe, Reardon, Russell, Stockton, Stone, Tanner, Ward, Waterson,
Westcott, Williams, Woodruff; Wynns, and Mr. Speaker-26.
Nays-Messrs. Canova, Cooper, Finlayson, Fletcher, Gregory,
Houston, Jones, Smith, Taylor, and Tracey-10.
The Speaker announced that the requisite constitutional majority
had voted for the bill, and that the same was passed. Ordered, that
the title be as stated, and that the same be certified to the Senate.
A bill from the Senate to be entitled an act to provide for the pay-
jnent of Treasurer's certificates, was read the first time, and ordered
for to-morrow.
Resolution from the Senate in relation to the claim of Capt. Wm,
H. Payne's company of mounted volunteers, was read the first time,
and ord 'red for to-morrow.
Senate resolutions in relation to presentment of grand jury of St..
John's county, were read the second time, and ordered for a third read-
ing on to-morrow.
A bill to be entitled an act to alter the Southern boundary of Ben-
ton county, and to establish the line dividing Hillsborough and Benton
counties, came up, and on motion of Mr. Russell, was referred to a
select committee, consisting of Messrs. Russell, Reardon, and Han-
cock.
A bill to be entitled an act to amend an act entitled an act to organ-
ize the Circuit Courts of the State, approved July 22d, 1845, introdu-
ced by Mr. Towle, came up, and on motion of Mr. Finlayson, was re-
ferred to the Committee on the Judiciary.
A bill to be entitled an act, in addition to an act entitled an act to
prevent the future migration of free negroes and mulattoes to this Ter--
ritory, and for other purposes, passed February 10th, 1832, caine up,

lnd on motion of Mr. Fletcher, referred to the Committee on Propo-
sitions and Grievances.
A bill to be entitled an act to regulate Pilotage at the port of Cedar
Key s, came up, and on motion of Mri Jones, was laid on the table till
to-morrow.
A bill to be entitled an act to amend an act entitled an act to orga-
nize the Circuit Courts of the State of Florida, approved July 22d,
1845, introduced by Mr. Jones, came up, and Mr. Finlayson moved it be
referred to the Committee on the Judiciary; which was lost. On mo-
tion, said bill was then referred to a select committee, consisting of
Messrs. Fletcher, Leonard, Jones, Russell, and Hancock.
Preamble and resolutions in relation to losses from depredations of
Indians, were read a second time, and ordered for to-morrow.
Preamble aind resolutions in relation to the removal of the Indians
now remaining in Florida, were read a second time, and ordered to
be engrossed for to-morrow.
Senate bill to be entitled an act to make certified copies of records
evidence, was read a second time, and ordered for to-riorrow.
On motion of Mr. Taylor, the rules were waived, and he permitted
to introduce'the following resolution, viz:':
Resolved, That the Comptroller of Public Accounts be required to
lay before this House, copies of the accountsof the Solicitors, Clerks,
and Sheriffs of this State, which have been audited by him, and inclu-'
ded in his report to the General Assembly, together with such re-
marks upon the charges made for services rendered, as he may deem.
proper in explanation of the different items; which was adopted..
On motion of Mr. Stockton, the House adjourned till to-morrow
morning 10 o'clock.

* TiURSDAY, December 10th, 1846.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the journal of yesterday's pro-
ceedings was read and approved..
Mr. Leonard moved that the hill to be entitled an act making appro-
priation for the payment of mileage and per diem of John M. J. Bow-
den, be taken from the table, and placed among the orders of the day;
which was lost.
Mr. Tanner gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled an act to prescribe the oath to
be taken by administrators, executors, and guardians, in claim cases.
Mr. Waterson gives notice that he will, on some future day, ask
leave to introduce a bill to be entitled an act to allow tax assessors to
administer oaths in certain cases.
Mr. Gould, according to previous notice, introduced a bill to be en
titled an act so to amend the 12th section of the 5th article of the con-
stitution of the State of Florida, as to make Judges of the Circuit
Courts elective by the people, and to fix their term of office: which was
read the first time, and ordered for to-morrow.
Mr. Canova, according to previous notice, introduced a bill to be en-
titled an act to alter and change the name of Theodora Caroline Trez-
vant; which was read the first time, and ordered for to-morrow.
On motion of Mr. Taylor, the vote adopting a resolution on yester-
day calling on the Comptroller to furnish the House with copies of

-48

the accounts of different solicitors, sheriffs, and clerks of this Statc.
"was reconsidered.
Mr. Taylor moved that the Committee on Finance and Public Ac-
counts be instructed to examine into the accounts of the different so-
licitors, clerks, and sheriffs, which have been audited and paid at the
treasury department of this State, and report thereon, specifying such
charges as appear unreasonable and exorbitant, (if any,) and by
whom made; which motion prevailed.
On motion of Mr. Taylor, leave of absence was granted to Mr. Fin-
layson until Thursday next.
"On motion of Mr. Jernigan, iMr. Tracey was added to the Commit-
tee on the Militia.
Mr Smith, according to previous notice, introduced a bill to be en-
titled an act to prescribe the duties of tax assessors and tax collectors
for this State; which wa3 read the first time, and ordered for to-mor-
row.
Mr. Fletcher gave notice that he would, at some future day, ask
leave to introduce a bill to be entitled an act to declare the river Mi-
ami, in Dade county, a navigable stream; also,
Thathe would, at some future day, ask leave to introduce a bill to
extend the time of making election returns in the counties of Mon-
roe and Dade.
Mr. Ward, according to previous notice, introduced a bill to be en-
titled an act to change the northern line of St. Lucie county; which
Swas read the first time, and ordered for to-morrow.
Mr. Gaylor, according to previous notice, introduced a bill to be en-
titled an act to declare Black Water river, in St. Rosa county, a navi-
gable,stream; also, a bill to be entitled an act to declare Cold Water
river, in St. Rosa county, a navigable stream; which were read the
first time, and ordered for to-morrtow.
On motion of Mr. Gaylor, the petition of sundry citizens of St. Ro-
sa county, in'relation to the fine imposed on Win. McKain, was re-
committed to the Committee on Propositions and-Grievances.
Mr. Fisher offered the following resolution:
Resolved, by the Senate and Hbuse of Representatives of the
State of Florida, in General Assembly convened, That the General
Assembly do adjourn sine die on Monday, the 28th inst;
Which was read the first time, and ordered for to-morrow; also, the
following:
Resolved, That the House of Representatives (the Senate concur-
ring) proceed to the election ot one tax assessor for ehe county in this
State, on Thursday, the 17th instant, at 12 o'clock, M.; which was
read the first time, and ordered for to-morrow.
Mr. Gaylor, from the Committee on Claims, made the following re-
port:
The Committee on Claims, to whom was referred the petition
of Nathan Backer of Jackson County, That the sum of one hundred
"dollars, which had been collected from him by. the Sheriff of Jackson
County, as an itinerent trader, respectfully
REPORT: That they have had the same under consideration, and
are of opinion that the prayer of the petitioner ought to be granted, in
as much as it appears to the satisfaction of said committee that the said
Nathan Backer,had become a citizen of Jackson county in this State,
and entered regularly into business as a merchant at the town of Mari-
ana. It also appears to your committee from the certificate of the Judge

49

of Probate in Jackson county, that at a meeting of the Board of County
Commissioners, for the county of Jackson, on the tenth day of June
last the petition of the said Nathan Backer was presented to said Board
praying to be released from a tax collected from him as an itinerent
trader, and said Board upon consideration were of opinion that the tax
of one hundred dollars, collected by said Sheriff of Jackson county,
from Nathan Backer as an itinerent trader, was improperly collected
of him, and should be refunded,, but in as much as the amount has
passed from the control of the Board, such an order could not be
granted by them. Your Committee therefore respectfully recommend
the passage of the accompanying bill entitled an act for the relief of Na-
than Backer: all of which is respectfully submitted.
SELIJAH GAYLOR, Chairman,
W. H.. GIBSON,
GEORGE D. FISHER,
A. A. CANOVA,
ELISHA CARTER.
Which was received, and a bill to be entitled an act for the relief
of Nathan Backer reported by said Committee, was read the first time,
and ordered for to-morrow.
Mr. Fletcher from a select committee, made the following report:
The committee to whom was referred a bill to be entitled An act
Sto amend an act entitled an act to organize the Circuit Courts, of the
State of Florida, approved July 22d 1845, have had the same under
consideration, and respectfully ask leave to submit the following
REPORT: That owing to the local situation of the Southern Ju-
dicial District of Florida, we are of the opinion that for the better admin-
istration of Justice, and the interest of the inhabitants residing in said
District, that the alternating system ought not to extend to that portion
of the country, that the freqeunt non-attendance of the Judges, and the
almost isolated situation of the country, it being in part surrounded by
water, does prove that the present system ought not to apply to that dis-
trict. We therefore recommend the adoption of the bill with the follow-
ingamendment-(in the three last lines strike out the second Monday
after the third.Monday of April and October) and insert the first Mon-
day in May and November, and for the County of Dade at Miami on
the third Monday in May and November.
R. R. FLETCHER, Chairman.
S. F, JONES,
CHARLES RUSSELL,
THOSE. K. LEONARD,
W. T. HANCOCK.
"Which was received, the amendments reported concurred in, and
said bill read a second time. Ordered for a third reading on to-morrow.
Mr. Russell, from a select committee, made the following report:
The select committee, to whom was referred the bill to be entitled
an act to alter the southern boundary of Benton County, and to estab-
lish the line dividing Hillsborough and Benton counties, have had the
same under consideration, and beg leave to
REPORT:
That they have examined the aforesaid bill, and return it to the
7

50

"'house without amendment,and respectfully recommend its passage.-
All of which is respectfully subnmitte d.
CHARLES RUSSELL Chairman,
JNO. G. REARDON,-
SWM. HANCOCK.
Mr. Reardon 'from a select committee, made the following report:
The committee appointed to examine the seals procured since the last
General Assembly, for the use of the different departments of the
State Government, have the honor to
REPORT: That they have examined the seal of State, of the Comp-
troller's office, and of the Supreme Court, and highly approve of'
'them,-they being devised and executed with much taste and skill.-
Your committee, therefore, recommend thie passage of the accom--
"pa:nying law. JNO. G. REARDON, Chairman,
S" SIMON TOWLE,
0. M. AVERY,
Which was received; and a bill to be entitled an act to adopt seals
for the several departments therein mentioned, reported by said com.-
mittee,was read the first time. and ordered for to-morrow.
The Senate transmitted House preamble and resolutions in, rela-
ttion to the Haul-over, on the Atlantic coast, adopted by that body
v.ithout amendment.
ORDERS OF THE DAY.
Senate resolutions in relation to presentment of Grand Jury of St.!
John's County, were read the third time, and adopted without amend--
ment. Ordered, that the same be certified to the Senate.
Preamble and resolution in relation to losses from depredations of'
Indians, were read the third time and adopted. Ordered, that the'
same be certified to the Senate.
Preamble and resolutions in relation to the removal of the Indians,,
now remaining .in Florida, were read the third time and adopted,-
Ordered, that the same be certified to the Senate.
Senate bill to be entitled an act to make certified copies of records
evidence, was read the third time.
On the question, Shall the bill pass?" the yeas and nays were,.
Yeas-Messrs. Aldrich, Avery, Broward, Canova, Carter, Cooper,
Daniel, Farrior, Finlayson, Fisher, Gaylor, Gibson, Gould, Gregory,
Hancock, Houston, Jernigan, Jones, Leonard, Maxwell, Reardon,
Russell, Smith, Stockton, Stone, Tanner, Taylor, Towle, Tracey,
Ward, Waterson, Westcott, Williams, Woodruff, Wynns, and Mr.
Speaket-36.
Yeas-None.
So the bill passed as amended-Title as stated. Ordered, that it
be certified to the Senate.
A bill to be entitled an act to regulate Pilotage at the port of Ce-
dar Keys, came up, and on motion of Mlr. Waterson, was referred to
a select committee, consisting of Messrs. Waterson, Jones, & Fletcher.
Preamble and resolution requesting the Governor to obtain infor-
mation in relation to biennial sessions, came up, and on motionof
Mr. Farrior, were indefinitely postponed.
Preamble and resolution requesting the Governor to transmit to.our
Senators and Representative in Congress copies of the resolutions in
relation to the Seminary lands, &c. adopted by the last General As-
sembly, were read the second time, and ordered for to-morrow.

5.1

"A bill to be entitled an'act for the security of property found dere-
lict, or saved from the reefs and shores of the collection district of Key
West, came up on a second reading, and on motion of Mr. Rear-
don, was referred to the'Committee on the Judiciary.
Senate bill to be entitled an act to amend the Constitution of this
State, as to extend to all free white male inhabitants, being citizens
of the United States,-who shall have resided in the State oine year,
the elective franchise, came up on a second reading, and Mr. Max-
well moved to amend said bill by inserting after the word,''militia,"
in ttIe 14th line, and before the word shall," as follows: "and who
shall have paid into the State and County Treasury, the poll tax due
by him or them-" !'ending which amendment, on motion of Mr.
'Finlayson, said bill and said proposed amendment were referred to tha
Committee on devising and Amending the Constitution.
Senate bill to be entitled an act to provide for the payment of Treas-
urer's certificates, came up on a: second reading, and on motion of Mr.
Towle, was laid on the table.
Senate resolution in relation to the claim of Capt. Wm. IH Payne's
company of mounted volunteers, was read a second time, and on io-
tion of Mr. Towle. indefinitely postponed.
On motion of Mr. Tracey, the House adjourned till to-morrow
m morning, 10 o'clock.

FRIDAY, December 11th, 1846.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the journal of yesterday's pro-
ceedings was read, corrected, and approved.
On motion of Mr. Ward, leave of absence after to-day-was granted
to Mr. Smith until Monday next.
On motion of Mr. Ward, leave of absence was granted to Mr.
Reardon for the balance of the session.
On motion of Mr. Avery, leave of absence was granted to Mr.
Gregory till Monday next.
On motion of Mr. Towle, the vote on yesterday indefinitely postpo-
ning the resolution relating to the claim of Capt. Wm. H. Payne's
company of mounted volunteers, was reconsidered.
Mr. Reardon, according to previous notice, introduced a bill to be
entitled an act to alter and define the boundary lines of Marion coun-
ty; which was read the first time, and ordered for to-morrow.
Mr. Stockton, according to previous notice, introduced a bill to be
entitled an act to establish a tariff of fees; which was read the first
time, and ordered for to-morrrow.
On motion of Mr. Smith, seventy-five copies of said bill were or-
dered to be printed.
On motion of Mr. Russell, Senate bill to be entitled an act to pro-
vide for the payment of Treasurer's certificates, was taken from the
table, and placed among the orders of the day.
The following notices were given.
By Mr. Waterson:
That he would, on some future day, ask leave to introduce a bill
to change the name of Levy County to Wakasassee.
By Mi. Williams.
That he would, at some future day, ask leave to introduce a bill to

52

authorize Richard E. Martin to establish a ferry across Rites Creek
in Jackson county; also,
That he would, at some future day, ask leave to introduce a bill to
authorize Henry Hewit to establish a ferry across Choctahatchec
river, between Walton and Jackson county.
By Mr. Farrior:
That he would, on to-morrow, introduce an act to amend an act en-
t;tled an act to incorporate the Episcopal Church, in the city of Apa.
lachicola, approved 11th February, 1837; also,
That he would, on some future day, introduce a bill to tax all ne-
groes sent to Franklin County, from Georgia and Alabama, (to be
hired out,) the same as free negroes.
Mr. Fletcher, according to previous notice, introduced a bill to be
entitled an act to extend the time of making election returns, in Mon-
roe and Dade County; which was read the first time, and ordered
for to-morrow.
Mr. Maxwell moved that the bill to be entitled an act to make an
appropriation for the payment of the mileage and per diem of John
M. J. Bowden, be taken from the table, and placed among the orders
of the day.
Upon which, the yeas and nays were called for, by Messrs. Stocktohn
and Leonard, and were,
Yeas-Messrs. Avery, Cooper, Farrior, Fisher, Fletcher, Gibson,
Houston, Jones, Leonard, Maxwell, Stockton, Towle, Tracey, Wil-
liams, and Wvnns-15.
Nays-Messrs. Aldrich, Broward, Daniel, Gaylor, Gould, Gregory,
Hancock, Jernigan, Russell, Smith, Stone, Tanner, Taylor, Ward,
Waterson, Westcott, and Mr. Speaker-17.
Mr. Maxwell moved that the Treasurer be called upon to make to
this House a statement of the revenue assessed from each county, the
amount collected ard paid into the Treasury of the State for the year
1845, and for the year 1846, up to this date, and the amounts remain-
ing unpaid in each county; which motion prevailed.
On motion of Mr. Taylor, leave of absence was granted to Mr. Rus-
sell until Monday next.
Mr. Fletcher, according to previous notice, introduced a bill to be
entitled an act to declare the river Miami a navigable stream; which
was read the first time, and ordered for to-morrow.
Mr. Leonard moved that this House adjourn till Monday morning,
10 o'clock.
Mr. Towle moved to amend said motion so as to read, that when
this House adjourn for the day, it adjourn to meet again on Monday
morning next, 10 o'clock; which was accepted by Mr. Leonard.
Upon which, the yeas and nays were called for, by Messrs. Taylor
and Avery, and were,
Yeas-Messrs. Maxwell, Ward, Williams, and Mr. Speaker-4.
Nays-Messrs. Aldrich, Avery, Broward, Canova, Cooper, Daniel,
Farrior, Fisher, Fletcher, Gaylor, Gibson, Gould, Gregory, Hancock,
Houston. Jernigan, Jones, Leonard, Reardon, Russell, Smith, Stock-
ton, Stone, Tanner, Taylor, Towle, Tracey, Waterson, Westcott
and Wynns-30.
So the motion was lost.
On motion of Mr. Towle, leave of absence was granted to Mr.
Leonard until Monday next.
Mr. Smith offered the following resolution:

53

Resolved, That:this House (the Senate concurring) do proceed on
Friday next, at 12 o'clock, to the election of Treasurer and Comptrol-
ler, for the State of Florida, and the Senators be invited into the Rep-
resentative, Hall, for that purpose; which was read the first time, and
ordered for to-morrow.
Mr. T'alor, from the Committee on Revising and Amending the
Constitution, made the following report:
The Conmmittee on Revisions and Amendments of the Constitution
to whom was referred {he Senate's bill to be entitled "An act so to
amend the Constitution of this State, as to extend to all free white
male inhabitants, being citizens of the United States, who shall have
resided within the State one year, the elective franchise,"
REPORT:-That they have had the same under consideration,
and do highly approve the object of the bill, and would recommend the
passage of the same, without amendment.
W. R. TAYLOR, Chairman.
S. F. JONES,
JAMES F. FARRIOR,
JOHN TANNER,
L. ALDRfCH.
Which was received, and said bill placed among the orders of the
day.
Mr. Reardon made the following report:
"The committee on Internal Improvements to whom were referred
the preamble and resolutions for clearing out the Oclawaha River,
have had the same under consideration and respectfully,
REPORT them with the following amendments to wit, strike out
all after the first word in the preamble and insert the following: Con-
gress has heretofore appropriated the sum of ten thousand dollars for
the purpose of clearing out obstructions in the Oclawaha river in East
Florida, and whereas the whole of said appropriation on account of
the dangers of the indian war could not be applied to the purposes
for which it was made although a portion thereof has been expended
for tools machinery &c., and whereas said river if rendered navigable
would afford great facilities for the transportation of the United States
mail and be productive of the rapid growth and settlement of the
surrounding country and thereby greatly expedite and extend the
sale of the United States lands bordering ol said river." In the first
resolution after the word use" in the fifth line strike out the re-
maining part of said resolution and insert the following, viz :" to have
the said appropriation applied to the purposes for which it was origin-
ally intended,"
The committee very cheerfully recommend the adoption of the pre-
amble and resolutions (with the above amendments. They think
the subject one to which the early attention of our senators and repre.
tentative and of congress should be directed.
JNO. G. REARDON, Chairman,
LOUIS ALDRICH,
P. A. STOCKTON,
JOS. L. COOPER.
Which was received, said amendments concurred in, and said
preamble and resolution placed among the orders of the day.
Mr. Aldrich, from the Judiciary Committee, made the following re-
port:
The committee on the Judiciary, to whom was referred An act to

54

amend an act entitled an act to organize the Circuit Courts of the
State of Florida, approved July 22d, 1845, respectfully
REPORT :-That they have had the same under consideration and
return the bill with the following amendments in the title, strike
out all after the first two words and insert the following, viz: "An
act to provide for holding extra terms of the circuit courts;" also the
following in the body of the act, viz: after the words "and may" in
the fourth line, sec. 1, insert "if in his opinioni the emergency de-
mands it;" in the sixteenth line, sane section, strike out the word
"thirty" and insert "twenty ;" in section second, 8th line, strike out
the words "this state" and insert "the circuit for which said Judge
was elected or appointed."
The committee also recommend the insertion of the following pre-
amble after the title of the said act, as proposed to be amended, as de-
I claratory of the intentions thereof viz: "Whereas, doubts have been
suggested as to the power of the judges of the Circult Courts to
order and hold extra terms of said courts ; And whereas, said power
ought to.be conferred in express terms by legislative enactment that
said judges may not be left to deduce their authority for holding said
extra terms from acts of Congres. Therefore,"
The committee in returning said bill, recommend it to the favorable
attention and action of the Legislature.. They believe its provisions
to be such as are best adopted to the interests of the State.
LOUIS ALDRICH, Chairman.
SIMON TOWLE,
JOHN WESTCOTT,
BENJAMIN WYNNS.
JOHN G. SMITH,
JOHN TANNER,
WM. D. WARD.
Which was received, said amendments concurred in, and said
bill placed among the orders of the day.
Mr. Towle, from a joint select committee, made the following re-
port: The committee appointed by this House to act with a
like committee from the Senate, to consider the propriety of the 3d
joint rule, adopted by the General Assembly for the government of the
two Houses, have the honor to
REPORT: That they consider the rule entirely unnecessary, and
recommend it be stricken out. SIMON TOWLE, Chairman.
R. R. FLETCHER.
Which report was received and adopted.
Mr. Waterson, from a select committee, made the following report:
The committee to whom was referred a bill entitled An act to regu-
late pilotage of the port Cedar Keys, respectfully beg leave to
REPORT:-That they have taken all the facts relative to the mat-
ter into consideration, and recommend the adoption of the bill.
JOHN WATERSON, Chairman.
R. R. FLETCHER,
S. F. JONES.
Which was received, and the bill reported placed among the orders
"of the day,
Mr. Smith, from the Committee on Enrolled Bills, made the follow-
ing
REPORT:-The Committee on Enrolled Bills have examined a
preamble and resolution asking Congress to grant to the State df Flo.

55

rida the Barracks at St. Augustine.
Preamble and Resolutions in relation to the Haul-over on the At-
lantic Coast; also,
An act for the.benefit of Buckingham Smith which they have di-
rected me to report as being correctly enrolled. All of which is re-
spectfully submitted.
JOHN G. SMITH, Chairtian.
Which was received.
1Mr. Towle, from a select committee, made the following report:
The Select Committee to whom was referred the petition of John
B. DeCorce have had the same under consideration, and have the
lioner to
REPORT -That from the statements of the petitioner which are
sustained by that of James A. Berthelot, Esq., your committee are of
opinion that there was no laches or default on the part of the petition-
er. He caused the "Union Bank bills" to be offered to the Commis
ioner, who declined them solely on the ground that there was not
enough to pay all the balance due-and not because they were depre-
ciated, or far any other reason. Your committee, therefore, recom.
mend the passage of the following bill.
All of which is respectfilli submitted,
SIMON TOWLE, Chairman.
JOHN TANNER,
LOUIS ALDRICH.
Which was received, and the bill to be entitled an act for the relief
of John B. DeCorce reported by said Committee, was read the first
time, and ordered for to-morrow.
The Senate transmitted to the House preamble and resolution origi-
nating in the House in relation to alight house at or near the Suwan-
nee river, as having been adopted by the Senate without amendment.
Senate bill to he entitled an act to exempt from the payment of capi-
tation tax, certain persons therein named, was read the first time, and
ordered for to-morrow.
ORDERS OF THE DAY.
Preamble and resolution requesting the Governor to transmit to our
Senators and representative in Congress copies of the resolutions in
relation to the Seminary lands, &c. adopted by the last. General As-
sembly, were read the third time and adopted, Ordered that they be
certified to the Senate.
A bill to be entitled an act to alter the southern boundary of Benton)
county, and to establish the line dividing Hillsborough and Bentorn
counties, was read the third time.
On the question, shall the bill pass ? the yeas and nays were
Yeas-Messrs. Aldrich, Avery, Broward, Canova, Cooper, Daniel,
Farrior, Fisher, Fletcher, Gaylor, Gibson, Gould, Gregory, Hancock,
Houston, Jernigan, Jones, Monroe, Reardon, Russell, Smith, Stock-
ton, Stone, Tanner, Taylor, Tracy, Ward, Waterson, Williams,
Wvnns and Mr. Speaker-31.
Nays-none; So the bill passed--title as stated. Ordered that it
be certified to the Senate.
A bill tobe entitled an act to amend an act entitled an act to organ-
ize the Circuit Court of the State of Florida, approved July 22d, 1845,
came up and on motion of Mr. Westcott was laid on the table.
A bill to be entitled an act to amend the 12th section of the 5th arti-
cle of the Constitution of the State as to make Judges of the Circuit

56

Courts elective by the people and to fix their terni of office, was read
a second time and Mr. Leonard moved that the same be indfienitely
postponed.
Upon which,the yeas and nays were called for by Messrs. Gould and
Canova and were.
Yeas-Messrs Aldrich, Avery, Canova, Cooper, Daniel, Farrior, Fish-
'er, Fletcher, Gaylor, Gibson, Gregory, Hancock, Houston, Jernigan,
Jones, Leonard, MVaxwell, Monrbe, Reardon, Smith, Stockton, Stone,
Tanner, Taylor, Towle, Tracy, Waterston, Williams, and Wynns,-
29,
Nays-Messrs Broward, Gould, Ward, Westcott, and Mr. Speaker1
-a.
So said bill was indefinitely postponed. ..
A bill to be entitled an act to alter and change the name of Theo-,
dora Caroline Trezvant was read a second time a nd ordered to be en-
grossed for to-morrow.
A bill to be entitled an act to prescribe the duties of tax assessors
and tax collectors for this state came up on a second reading and Mr;
Stockton moved that it be indefinitely postponed, which was lost.
On motion of Mr. Towle said bill was then referred to the cornm-
"mittee on the Judiciary.
A bill to be entitled an act to change the northern line of St. Lucie
County, was read a second time and ordered to be engrossed for to-
moirow.
A bill to be entitled an act to declare Blackwater river in St. Rosa
County a navigable stream came up on a second reading and on motion
of Mr. Fisher was laid on the table
A bill to be entitled an act to declare Coldwater river in St. Rosa
County a navigable stream came up on a seocnd reading and on
motion of Mr. Fisher was laid on the table.
Resolution to adjourn sine die on Monday the 28th inst., was read
a second time and Mr. Russell moved that it be laid on the table till
the 28th inst.,
Mr. Leonard moved the said resolution be indefinitely postponed.
The Speaker decided that the latter motion took precedence and the
yeas and nays being called for on the same by Messrs Canova and
Russell, were,
"Yeas-Messrs Aldrich, Cooper, Fletcher, Jernigan, Jones, Leonard,
Maxwell Munroe, Russell, Smith, Stockton, Stone, Tanner, Taylor,
Towle, Ward, Waterston, and Williams-18.
Nays-Messrs Avery, Broward, Canova, Daniel, Farrior, Fisher,.
Gaylor, Gibson, Gould, Gregory, Hancock, Houston, Westcott,.
Wynns,and Mr. Speaker, 15.
So said resolution was indefinitely postponed.
Resolution to go into the election of tax assessors for each county
on Thursday the 17th inst., at 12 o'clock, M., was read. a second time
and ordered for to-morrow.
A bill to be entitled An act for the relief of Nathan Backer, was;
read a second time and ordered to be engrossed for to-morrow.
A bill to be entitled An act to adopt seals for the several departments
therein mentioned, was read a second time and ordered to be engrossed
for to-morrow.
Senate resolution in relation to the claims of Capt. Wra. H. Payne's
company of mounted volunteers, came up, and Mr. Taylor moved the
following order, viz;

Ordered, That the vote this morning to reconsider the vote indefi-
titely postponing said resolution being erroneous, the said resolution
s hereby declared to be in the position in wvhichit stood before said
ote to reconsider was had; which was rejected.
Mr. Towle then moved to amend said resolution bv inserting after
ne figures "1839" irn the sixth litie from the bottom the following
words, viz: 'provided the Sate shall not be responsible for any ex-
pense incurred in the execution of said commission and investigation"
which was adopted.
Said resolution was then ordered for a third reading on to-morrow.
The Speaker laid before the house the following communication:
COMTrROLLER'S OFFICE, f
Tallahassee, December 12th, 1846.
To the itori. Speaker of the House of Representatives,
Sir :-Agreeable to a Resolution of the House of Representativeg
adopted on the 9th inst., I have the honor to transmit herewith, a stateA
ment of the taxes assessed and returned to this office from the Coun-
ties of Escambia, Santa Rosa, Calhoun, Franklin, Levy, Monroe, Nas,
sau, Dade and St. Lucie for the year 1845, and from St. Lucie arid
Dade for the year 1846. Very respectfully, your obedient servant,
N. P. BEMIS, Comptroller.
Which was read,and the document alluded to in saidletter, was on
motion of Mr. Taylor, referred to the Committee on Finance and pub-
lic accounts.
Senate bill to be entitled an act to provide for the payment of trea-
surers certificates, was read a third time; on the question shall the bill
pass, the yeas and nays were
Yeas-Messrs; Aldrich, Avery, Broward, Canova, Daniel, Farrior,
Fisher, Fletcher, Oaylor, Gould, Gregory, Hancock, Houston, Jones,
Jernigan, Monroe, Reardon, Russelt Stone, Tanner, Waterston, Wil-
liams and Wynns-23.
"Nays-Messrs. Cooper, Gibson, Leonard, Maxwell, Stockton, Tay.
lor, Towle, Tracey and Westcott-9.
So the bill passed without amendment, title as stated, ordered that
it be certified to the Senate.
The following communication was transmitted to His Excellency
the Governor.
House oF REPRiSENiVs, December 12th, 1840.
His Excellency Governor W. D. Moseley,
Sit :-I herewith transmit for your Excellency's approval Preamble
and resolution, asking Congress to grant to the State of Florida the
Barracks at St. Augustine, also,
An act for the benefit of Buckingham Smith; also,
Preamble and resolutions in relation to the Haul-over on the Atlan-
tic Coast.
Respectfully, your ob'dt servant.
M. D. PAPY, Cleri House of Representatives.
On motion of Mr, Leonard the House adjourned till Monday morn-
ing next 12 o'clock.
S

58

MONDAY December 14th, iS46.
"The House met pursuant to adjournment a quorum being present
after prayer by the Rev. Mr. Foster, the journal of Friday's proceed-
inrgs was read and approved.
Mr. Stone, according to previous notice introduced a bill to be enti-
tled an act to fix permanently the county seat of Calhoun County;
which was read the first time and ordered for to-morrow.
The" following notices were given-
By Mr. Broward that he would on to-morrow ask leave to intro-
duce a bill to be entitled an act to alter and aienwd an act entitled an
act to raise a revenue for the State of Florida, approved July 24th,
1845. '
By Mr. Gaylor, that he would on some future day introduce a bill to
amend the criminal laws in force in this state.
S By Mr. Jones, that he would on to-morrow ask leave to introduce a
bill to amend an act entitled an act to incorporate the city of Key West.
By Mr. Daniel, that he would at an early day ask leave to in.ro-
duce a bill to be entitled an act to alter the eastern and southern boun-
dary line bf Washington county.
Mr. Broward moved that the correspondence and account referred to
in the governor's message, in relation to the public deposits be laid be-
fore the committee on finance and public accounts; which motion-
prevailed.
Mr. Broward moved that the Comptroller report to this hbuse the
amount of insolvencies and overcharges, allowed by county com-
missioners in the different counties of the State for the year 1845;
Which motion prevailed.
Mr. Jones, according to previous notice introduced a bill to be enti-
tied an act for the relief of Thomas Ronler. Which was read the i
first time and ordered for to-morrow.
Mr. Waterston, according to previous notice introduced a bill to be
entitled an act to change the name of Levy county, which was read
the first time and ordered for to-morrow.
Mr. Williams offered the following preamble and resolution:
Whereas Benjamin Hays, of the county ofjacksoh, a Botanic physi-
cian, having by his skillin his profession acquired the confidence of
the people: Therefore-
Be it resolved by-the Senate.and House of Representatives of the
State of Florida, in General Assembly convened, That the said Ben-
jamin Hays, be and he is hereby empowered to collect debts due
him on account of professional services as unrestrictedly as though he
had obtained a license to practice as a regular physician, and that the
act entitled an act concerning practitioners of medicine in this Terri-
tory, approved 10th February, 1831, be, so far as the said Benjamin
Hays is, or may be concerned, hereby repealed.
Which were read the first time, and ordered for to-morrow.
Mr. Aldrich, from the Committee on the Judiciary, made the follow-
ing report:
The Committee on the Judiciary, tuwhom were referred bills enti-
tled as follows, viz: An act to admit George W. Stewart to practice
law in the several courts of this State," "An Act to admit Wilkinson
Call to practice law in the several courts of this State," have had the
same under consideration, and respectfully report the bills, with the fol-
lowing amendments, viz: In the first act, above entitled, after the

.59

"words "at law," insert "and as solicitor in equity;" and strike out the
Words of law and in equity" in the fifth line;" in the 7th line, between
the word examined and "and," insert. 'ifin term time, inopen court-
if in vacation, at such time and place as may be appointed;' in the
8th line, strike out the word "superior," and insert Circuit;" strike
out all after the word 'State," in the 8th line.
In the 6th line of the second act above entitled, between the words
examined and "and," insert, "if during the term, in open court-if in
vacation, at such tiie and place as may be appointed;" in the 7th line
strikeout all after the word State." The committee further recom-
mend the addition of the following section to each of tne above entitled
bills, viz:' Sec. 2., Be it further enacted, that the said, (here insert
names,) if admitted to practice under the provisions of this act, shall
be legally responsible and liable for his acts, in the capacity of attor-
ney, counsellor, and solicitor, as though he had attained the age of
twenty-one years.
The committee recommend that said bills, with the amendments
above proposed, be passed by the House,
LOUIS ALDRICH, Chairman.
SSIMON TOWLE,
BENJ. WYNNS,
i JOHN TANNER,
JOHN G. SMITH.
Which was received, and said bills and report placed among the or
ders of the day;
Mr. Aldrich, from the Committee oti the Judiciary, reported a bill
to be entitled an act to repeal the sixth section of an act entitled an
act to organize the circuit courts of the State of Florida; which was
read the first time, and ordered for to-morrow. Mr. Aldrich stated
that Messrs Towle, AWnns, and Tanner dissented from said bill..
S ORDERS OF THE DAY.
A bill to be entitled an act to alter and change the name of Theo'
dora Caroline Trezvant was read the third time; on the question "shall
the bill pass V' the yeas and nays were,
Yeas-Messrs. Aldrich, Avery, Broward, Canova, Daniel, Farrior,
Fisher, Gaylor, Gibson, Gould, Gregory, Hancock, Houston,.Jernigan,
Jones, Maxwell, Mcntosh, Monroe, Sinith, Stockton, Stone, Tanner,
Water;ton, Westcott, Williams, V\ ynns and Mr. Speaker-27.
Nays---Messrs. Fletcher and Ward-2.
So the bill passed-title as stated ; ordered that it be certified to tIhe
Senate.
A bill to be entitled an act for the relief of Nathan Backer, was read
the third time; on the question "shall'the bill pass ?" the yeas and
nays were
Yeas-Messrs. 'Avery, Canova, Fisher, Fletcher, Gaylor, Gibson,
Hancock,, Houston, Jones, Leonard, Maxwell, Monroe, Smith, Stock-
ton, Tanner, Towle, Tracey, Williarims, Wynns, and Mr. Speaker-20.
Nays-Messrs. Broward, Farrior, Jernigan, Mclntosh, Taylor
Ward and Westcott-7.
Mr. Towle noved that the names of the members that are present
who have refused to answer to their names, be entered in the jour-
ials; which motion prevailed.
On motion, Messrs. Aldrich and Daniel were permitted to record
their votes in the affirmative of the question, on the passage of said
bill, and Mr. Gregory irn the negative.

The vote then stood-yeas 22, nays 8.
So the bill passed, title as stated. Ordered, that the same be certi-
fied to the Senate. i ]obedience to the order made upon the notion,
of Mr. I'owle, the Clerk can only insert the names of those members
who did not answer to their names, and who have not had leave of ab-
sence, as follows, to wit: Messrs. Carter, Cooper, Gould, Rubsell,
Stone Waterston, and Woodruff.
A bill from the Senate to be entitled an act to authorize Reason F.
Swilley, administrator of Calvin E. Swilley, deceased, to sell the
real estate of said deceased at private sale, was read the first time and
ordered for to-mor row.
A bill from the Senate to be entitled an act to authorize Jesse Coe
to establish a ferry across the Apalachicola river; was read the first
time and ordered for to-morrow.
The Senate transmitted preamble and resolutions originating :n the
House relating to settlers under the armed occupation law as Having
been adopted by the Senate without amendment.
A bill to be entitled an act to adopt seals for the several depart-
ments therein mentioned, was read the third time.
On the question "Shall the bill pass ?" the yeas and nays were
Yeas-Messrs, Aldrich, Avery, Broward, Canova, Daniel, Farrior,
Fisher, Fletcher, Gaylor, Gibson, Gould, Gregory, Hancock, Houston,
Jernigan, Maxwell, Mclntosh, Monroe, Smith, Stockton, Stone, Tan-
ner, Taylbr, Towle, Tracey, Ward, Waterston, Westcott, Williams
Wynns and Mr. Speaker-31.
Nays-Mr. Leonard-1.
So thekbill passed; title as stated. Ordered that it be certified to
the Senate .
A bill to be entitled an act to change the northern line of St. Lu-
cie county; was read the third time.
On the question "Shall the bill pass ?" the yeas and nays were,
Yeas-Messrs. Aldrich, Avery, Daniel, Farrior, Fisher, Fletcher,
Gaylor, Gibson, Gould, Gregory, Jones, Smith, Stockton, Stone, Tan-
ner, Taylor, Ward, Westcott, Williams and Mr. Speaker-20.
Nays-Messrs. Broward, Canova, Hancock, Houston, Jernigan,
Leonard, Maxwell, Mclntosh,Monroe, Towle, Waterston & Wynns,12.
The House having refused to excuse Mr. Leonard from voting.
Yeas 20-nays 12, so the bill passed; title as stated. Ordered that
it be certified to the Senate.
Mr. Jones moved that the House adjourn until to-morrow morning
10 o'clock, which was lost.
Mr.Broward moved the House take a recess till 3 o'clock, P. M.,
which was lost. t
Mr. Ward moved the House adjourn till to-morrow morning at 10
o'clock.
Upon which the yeas and nays were called for by Messrs. Canova
and Daniel and were
Yeas-Messrs. Aldrich, Avery, Daniel, Fletcher, Gaylor, Gibson,
Gould, Gregory, Hancock, Jones, Leonard, Mcintosh, Monroe, Smith,
Tanner, Taylor, Ward and Mr. Speaker-18.
Nays-Messrs. Broward, Canova, Farrior, Fisher, Houston, Jerni-
gan, Maxwell, Stockton bStone, Towle, Tracey Waterston, Williams,
and Wynns-14.
So the House adjourned till to-morrow morning 10 o'clock.

TUESDAY, December 15, 1846.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the journal of yesterday's procee-
dings was read, amended and approved.
Mr. Jones, according to previous notice, introduced a bill to be enti-
tled an act to amend an act entitled an act to incorporate the city of
Key West, approved 11th February, 1838;
Which was read the first time and ordered for to-morrow,
Mr. Broward, according to previous notice, introduced a bill to be
entitled an act to amend an act entitled an act to raise a revenue for
the State of Florida, and defining the duties of the assessors and col-
lectors thereof, approved July 24, 1845.
Which was read the firsi time and ordered for tomorrow.
On motion of Mr. Taylor seventy-five copies ot said bill were ordered
to be printed.
Mr. McIntosh gave notice that he would, at some future day, intro-
duce a bill to define more particularly the mode of proceedings on at-
tachmnent.
Mr. Fletcher gave,notice that he would, to-morrow, ask leave to
introduce a bill entitled an act to establish and regulate pilotage on
the waters and in harbours of Dade county.
Mr. Avery moved that the bill making appropriation for the pay-
ment of mileage and per diem of John M. Bowden, be taken from
the table and placed among the orders of the day.
Upon which the yeas and nays were called for by Messrs. Avery
and Tracy, and were:
Yeas-Messrs. Avery, Cooper, Farrior, Fisher, Fletcher, Gibson,
Houston, Jones, Leonard, Maxwell, McIntosh, Monroe, Stockton,
Towle, Tracy, Waterston, Williams, and Wynns-18.,
Nays-Messrs. Aldrich. Broward, Carter, Daniel, Gaylor, Gould,
Gregory, Hancock, Jernigan, Russell, Smith, Stone, Tanner, Taylor,
Ward, Westcott, and Mr. Speaker-] 7.
So said motion prevailed.
Mr. Waterston, according to previous notice, introduced a bill to be
entitled an act to allow tax assessors to administer oaths in certain
cases.
Which was read the first time.
Mr. Towle moved that the rules be waived, that said bill may be
read the second and third times and put upon its passage.
Upon which the yeas and nays were called for by Messrs. West-
cott and Ward, and were:
Yeas-Messrs. Farrior, Fisher, Gibson, Houston, Jges, Leonard,
Monroe, Smith, Tanner, Towle, Tracy, Waterston, Villiams and
Wynns-14.
Nays-Messrs. Aldrich, Avery, Broward, Canova, Cooper, Daniel,
Fletcher, Gay lor, Gould, Gregory, Hancock, Jernigan, Maxwell, Mc-
Intosh, Russell, Stockton, Stone, Taylor, Ward, Westcott, and Mr.
Speaker-21.
So the motion was lost.
Said bill was then ordered forto-morrow.
The Speaker-laid before the House the following communication:
COMPTROLLER'S OFFICE, Tallahassee Dec. 14th, 1846.
To the Hon. Speaker of the House of Representatives:
:ir:-I respectfully submit the accompanying statement of the a;

mount of insolvencies and overcharges allowed by the county commis-
sioners in the different counties of tlie State for the year 1845, in com-
pliatce with a resolution adopted by the House of Representives this
day. Very respectfully, your obedient servant,
N. P..BEMIS.
Which was read, and the statement alluded to wason motion of Mr.
Broward, referred to the committee on finance and public accounts.
The Sptaker also laid before the House the following communica-
tion:.
TREASURERn' OrFicE, Tallahassee 14th Dec., 1846.
Hon. Speaker, House Representatives :
Sir-In obedience to a resolution adopted by the House of Repre-
sentatives on Friday the: 11th inst., calling on the Treasurer for a
statement of the revenue assessed fr(fil each county, the amount col-
Slected and paid into the treasury of the State for the year 1815, and
for the year 1846, up to that date, and the amount remaining unpaid in
each county, I have the honor respectfully to transmit a statement for
each year, so far as the records of this office will permit; by which it
will be seen that the counties of Walton, Orange, St. Lucie and
Dade have not paid one dollar into the Treasury since the organiza-
tion of the State government. /
Respectfully, your obedient servant,
BENJAMIN BYRD, State Treasurer..
Which was read, and on motion of Mr. Maxwell, seventy-five cop-.
ies of the statement sent by the Treasurer, were ordered to be printed.
Mr. Canova gave notice, that he would on some future day, ask.
leave to introduce a bill to provide for the support of the indigent; al-
so a bill to-fix and make p rmanent the election precincts in Columbia
county.
Mr. Westcott, from the committee on schools and colleges, made the,
following report:
The committee on Schools and C6lleges to whom was referred that part of
the Governor's Message which relates to the Public Lands granted to the state
-by the United States for the purpose of pronioting common schools, ask leave to:
"REPORT: That they believe there is no diversity of opinion in the public
mind in relation to the vital importance of public education. It is a question
in which all parties seem to be united, and in whatever form the subject is agi-
tated, it finds fast and zealous friends, that it is the undivided public opinion of
the state, that this legislature take ground in relation to the disposition of the six-
teenth sections that the school fund maybe made in its fullest extent immediately
"operaive,and a permanent system of education established. The subject has stim-
ulated to zealous effort, all those who feel an interest, and believe in the popu-
lar institutional our country. Yet, your committee feel assured, that if half
the time, and feeling, and effort that are expended upon the questions of who
shall have the offices were devoted to the great business of preparing the rising
generations to occupy the soil, and sustain and advance the character of our
state, incalculable good might be accomplished for the country and the human
family. That among the questions which engage the attention of the public,
-keep the mind in ferment,-give birth to party divisions and hostilities, too
many lose sight of this most important of all public questions by engaging in
the ever-exciting,and all-sorbing interest of party politics. These lands have been
long neglected; thousands are growing into manhood every year, demanding-edu-
cation; the school fund belongs to them; it is the property of the children of the
people; and it should neither be diverted from its legitimate purposes, or by impro-
vident legislation rendered useless. On the contrary every means should be a-
dopted to carry into effect the liberal and enlightened provisions of our consti-.

63

tuition on the subject. A people cannot properly exercise their rights, and dl1-
charge their duties, without understanding them. In a republican government
it is the duty of every citizen to have a knowledge of his rights and duties, and
of the means or laws for securing the one and enforcing the other. And from
this, we derive the obligation of the whole,,to furnish the means of study, or in
other words provide schools, where rights and duties shall be taught. .Rights
are natural and immutable; the result of God's universal and unchangeable laws
for the government of his rational and accountable creatures. The only just
end of government is to protect rights; and our government will not.be just to
the rising and coming generations if it does not take the proper course with
this benificent donation of the Federal Government to furnish this protection
completely. If the New Testament be authority, the duties of all are impera-
tive, to understand the doctrine of REPUBLICANISM, or the knowledge of self
government; which is, to understand the rights, duties, and means of human
happiness; and whatever is required of a rational being, by this sacred book,
is within his capacity to attain. Education is to the republican body politic,
what vital air is to the natural body, necessary to its very existence, without
which it would sicken, droop and die. It is essentially important to the social
state of man. :The great hope for an increased prosperity of .the state, lies in
a well digested system of common school education. This requisite of sound
policy being permanently secured, all other state questions fall into their proper
places. When a people are educated, they will be governed by an enlightened
self interest, which is the only security for the weal of a nation. All the safe
guards which a constitution may place round the state, cannot maintain its
existence, if the whole people do not assure its continuance, and to do so, they
must be properly educated. When \ve lonk at the means generally employed
to lull and control the public mind, we are continually reminded of the ur.
gent necessity of a system of common school education. The discussion of
principles,---the operations of government, which should be made a sober bu-
siness, is by the mere wantonness of the demagogue, degraded to the level of
antics; and what should be fairly tested, is clouded in malignant representation;
betraying political dishonesty, and the want of a system of popular education,
forupon the latter, the former flourishes. This subject though overlooked more
or less, in the din of ordinary public contestations, is the most momentoiis,
which can engage the attention of the State. The power which gives life,
and preserves, tha vitality of liberty, and the forms and workings of afree.poli-
ty, is the intelligence which is derived from education. All questions of party,
of revenue, of currency, sink into comparative insignificance, when compared
with the question of the proper security and disposition of this fund. If our
children only have light, if they are brought up with their perceptions alive to
the grandeur and beauty of the material world around them, if they are in.
structcd in their duties to their fellows, to their country, and their God, we have
no fears of violent popular changes or political commotions, dislocating or de.
stroking the forms of society. Enlightened self-interest will then be the pre-
server of civilized polity.
Your committee believe that an immediate sale of the si lth sections is
the wisest course to pursue, and report a bill for that purpose. IThe "sale must
be a work of time, and therefore ought to be begun without delay," the proceeds
to be consolidated into a common fund and hereafter placed under a common
superintendence. Nothing great or useful has ever been accomplished without
toil and sacrifice-the official duties of such superintendence will demand tal-
ent, devotedness, patience and a vast amount of hard work--a mind which is
not animalized or money blinded; a mind willing to labor for the intellectual
and moral good of the rising generations-because his principles and sympathies
lead him that way, without the expectation of a high salary or official honor.
He should possess the energy to execute, the sagacity to foresee difficulties, the
courage to meet them and the perseverance to overcome them-.the tact to re-
move prejudice and conciliate friendship---and the skill to baffle opposition and
disarm hostility.

Your comiinitee are of opinion that these lands, skillfully and honestly matta
hged, will produce a fund of at least bne million of dollars. Two paths are be '
fore us: if we enter one we may attract a while the attention of the world by a
bustling show. If we take the other, we shall not win a momentary, but a last-
ing admiration. The foundation of State prosperity and individual happiness
will be durable as time, stroii as trith. Our political system will have no in-
siduous venom preying upoh the springs of life-..no gangiene to be separated
by the mutilation of the living parts-..no convulsion 'to distort.- no paralysis to
prostrate.--but all the organs animalized by a healthy vitalty, moving and a4c
ting together Without jat or discord. Respectfully submitted,
JOHN WESTCOTT, Chairman.
WMv. D. WAtRD,
SOS. WOODRUFF.
Which Was received, aid abill to be entitled an act to dispose
of the sixteenth sections to create a common school fund and estab-
lish a permanent system of education reported by said committee was
read the first time and ordered for to-morrow.
Oni motioti of Mr Watertson seventy five copies of said bill ere
ordered to be printed.
Mr. Smith from the committee on enrolled bills made the following
report'*
The committee on enrolled bills have examined a preamble and res-
olution in relation to a light house at or near the mouth of the Suwan-
nee river; also preamble and resolutions relating to settlers under the
armed occupation law, and have directed me to report the same as cor-
rectlv enrolled, Respectfully submitted, JOHN G. SMITH, Ch'n.
Which was received.
The Senate returned House bill to be entitled an act to legitimate
and change the names of William Jefferson Cauthon and others there-
in mentioned, passed by the Senate without amendment.
ORDERS OF THE DAY.
Resolution to go into the election of tax assessors on Thursday the
17th iist., at 12 o clock, M., was read the third time and adopted; or-
dered that it be certified to the Senate.
Senate resolution in relation to the claim ofCapt. Wmn. H. Payne's
Company of mounted volunteers, was read thi third time and adop-
ted as amended by the House; ordered that tae same be certified to the
Senate.
Resolution to go into the election of Treasurer and Comptroller on
Friday next, was read a second tine,
On motion of Mr. Leonard the word "Friday" was stricken outand
"Tuesday" invited in lieu thereof.
Said resolution was then ordered for a third reading on to-morrow
A bill to be entitled an act to declare the river Miami a navigable
stream, was read the second time and ordered for to-morrow.
A bill to be entitled an act to extend the time of making election re-
turns in Monroeand Dade counties, was read the second time and or-
dered for to-morrow.
A bill to be entitled an act to alter and define the boundary lines of
Marion county, was read the second time and ordered for to-morrow.
Senate bill to be entitled an act so to amend the constitution of
this State as to extend to all free white male inhabitants being citizens

of the United States, Who shall have resided in the State one year,
the elective franchise ; was read a second time.
Mr. Leonard moved to amend said billby inserting after the word
votet" in the 12th line, the following, to wit: "and who shall have
paid all the county and State taxes which he is liable to pay."
Mr. Taylor moved to amend said amendment by adding at the end
thereof the words and all his just debts.".
The question then being upon the amendment to the amendment
was put and lost,
The question then recurred upon the amendment offered by Mr.
Leonard, upon which the yeas and nays were called for by Messrs.
Canova and Russell, but before the vote was taken, Mr..Leonard with-
drew his proposed amendment.
-Mr. Westcott moved to amend said bill by striking out the words
" one year" in the 8th line after the words" permanent place of abode
in Florida," and inserting "six months" in lieu thereof; which was
rejected.
Mr. Towle moved to amend the bill by striking out the words C and
who shall be enrolled in the militia thereof (unless by law exempted
from serving in the militia)" in the 12th, 13th, and 14th lines.
Upon which the yeas and nays were called for by Messrs. Towle
and Westcott and were; .
Yeas-Messrs. Aldrich, Avery' Browrrd, Canova, Cooper, Daniel,
Farrior, Fisher, Fletcher, Gaylor, Gibson, Gould, Gregory. Hancock
Houston, Jernigan, Jones, Leonard, Maxwell, McIntboh, Moiroe,
Smith, Stockton, Stone, Tanner, Taylor, Towle, Tracy Waterston,
Westcott, Williams, Woodruff, Wynns and Mr, Speaker- 34.
SNays-Mr. Russell--l.
So said amendment was adopted.
Said bill was then ordered for a third reading on to-morrow.
Preamble and resolutions for clearing out the Oclawaha river, wts
read a second time and ordered to be engrossed for to-morrow.
A bill to be entitled an act to provide for holding extra terms of the
circuit courts, was read a second time and ordered to be engrossed for
to-morrow.
: A bill to be entitled an act to establish a tariff of fees, came up and
on motion of ;Mr. Stockton the reading of the same was dispensed
with. On motion of Mr. Westcott said bill was referred to a select
committee ot five. consisting of' Messrs. Stockton, Towle, Westcott,
Smith and Gould. Mr. Towle, at his request, was excused from ser.
ving on said committee, and Mr. Wynns was added in his place.
On motion of Mr. Stockton, the vote referring said bill to said select
committee was reconsidered, and said bill was then iferred to the
committee on the Judiciary.
A bill to be entitled an act for the relief of John B. DeCorce, came
up, and on motion of Mr. Towle was postponed until to-morrow.
A bill to be entitled an act to regulate pilotage at the port of Cedar
Keys, was read a second time and ordered for to-morrow.
Senate bill to be entitled an act to exempt from the payment of cap-
itation tax certain persons therein named, was read a second time;
Mr. Towle moved to amend said bill by inserting after word "ministry':
in the third line of the second section, the words "and who derive
their support solely from their occupation as such ;" which was adop-
ted. Said bill was then ordered for a third reading on to-morrow.
9

66

A bill to be entitled an act to admit Wilkinson Call to practice law
in the several courts in this State, came up on a second reading and
the amend ments proposed to the same by the committee on the Judi-
ciary were adopted. Mr. Taylor moved that said bill be indefinitely
postponed; upon which the yeas and nays were called for by Messrs.
Taylor and Broward. and were,
Yeas-Messrs. Broward. Gould; Hancock, Taylor, Ward arid West-
cott-6-.
Nays-Messrs. Aldrich, Avery, Canova, Cooper, Daniel, Farrior,Fish-
ei, Flether,Gaylor,Gibson,Gregory, Houston,JonesLeonard, Maxwell,
McIntosh, Monroe, Russell, Smith, Stockton, Stone, Tanner, Towle,
Tracey, Williams, Woodruff, Wynns and Mr. Speaker-28.
So said motion was lost.
Said bill was then ordered to be engrossed for a third reading on
tomorrow.
"A bill to be entitled an act to admit George W. Stewart to practice
law in the several courts of this State. came up on a second reading, hnd
iie amendments proposed to the same by the Committee on the Judi-
ciary were adopted; said bill was then ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to fix permanently the county seat of
Calhoun county, was read the second time, and ordered for to-morrow.
A bill to be entitled an act for the relief of Thomas Romer, was
read a second time, and ordered to be engrossed for to-morrow.
A bill to be entitled an act to repeal the sixth section of an act enti-
tled an act to organize the circuit courts of the State of Florida. came
up, and on motion of Mr. Towle, was made the special order of the
day for Friday next.
Mr. Avery moved that seventy-five copies of said bill be printed;
which was lost.
A bill to be entitled an act to change the name of Levy county,
came up on a second reading, and Mr. Russell moved to strike out
Waccassassa,"' whenever it occurs in said bill, and insert "Yulee."
Pending which amendment, on motion of Mr. Jones, said bill and
proposed amendment were laid on tl e table until to-morrow.
Mr. Jones moved that the House take a recess till 3 o'clock, P. M.;
which was lost.
Senate bill to be entitled an act to authorize Reason F. Swilley,
administrator of Calvin E. Swilley, deceased, to sell the real estate of
said deceased at private sale was read the second time, and ordered
for to-morrow.
Senate bill be entitled an act to authorize Jesse Coe to establish
a ferry across ie Apalachicola river, was read a second time, and or-
dered for to-morrow.
Preamble and resolution empowering Benjamin Hays. a Botanic
Physician, to collect debts due him on account of professional servi-
ces, were read the second time.
Mr. Leonard moved that the same be indefinitely postponed; upon
which, the yeas and nays were called for by Messrs. Leonard and
Siockton, and were,
"Yeas-Messrs. Aldrich, Broward, Canova, Cooper, Farrior, Fisher,
Fletcher; Gaylor, Gibson, Gould, Gregory, Hancock, Houston, Jones,
Leonard, Maxwell, McIntosh, Monroe, Russell, Stockton, Stone,
Taylor, and Woodruff-23.

Nays-Messrs. Avery, Daniel, Jernigan, Tanner, Towle, Tiacey,
"Ward, Westcott, Williams, Wynns, and Mr. Speaker-11.
So the said preamble ard resolution were indefinitely postponed.
A bill to be entitled an act making appropriation for the payment of
mileage and per diem of John M. J. Bowden, was read a third time.
Mr. Broward moved the same be indefinitely postponed; upon which,
the yeas and nays were called for, by Messrs. Stockton and Leonard,
and were,
Yeas-Messrs. Aldrich Broward, Daniel, Gavlor, Gould, Gregory,
Hancock, Jernigan, Russell, Smith, Stone, Tanner, Taylor, Ward,
Westcott, Woodruff,and Mr. Speaker-17,
Nays-Messrs. Avery, Cooper, Farrior, Fisher, Fletcher,. Gibson,
Houston, Jones, Leonard, Maxwell, McIntosh, Monroe, Stockton,
Towle, Tracey, Williams, and Wynns-17.
There being a tie, the question was decided in the negative.
The question then was,'Shall thebill pass?' andthe yeas and nays
Were,
Yeas-Messrs. Avery, Cooper, Farrior, Fisher, Fletcher, Gibson,
Houston, Jones, Leonard, Maxwell, McIntosh, Monroe, Stockton,
Towle, Tracey, Williams, and Wynns-17.
Nays-Messrs. Aldrich, Broward, Daniel, Gaylor, Gould, Gregory,
Hancock, Jernigan, Russell, Smith, Stone, Tanner, Taylor, Ward(
Westcott, Woodruff, and Mr. Speaker-17.
There being a tie, the question was decided in the negative.
The following communication was transmitted to His Excellenrcy,
the Governor:
HoUSE REPRESENTATIVES, Dec. 15, 1846.,
To His Excellency W. D. MOSELEY, Governor, &c.
Sir: The following preambles and resolutions, adopted by the
General Assembly, and signed by the officers thereof, are herewith
transmitted for Your Excellency's'approval, to wit:
Preamble and resolution in relation to a light house at or niear the
mouth of Suwannee river.
Preamble and resolutions relating to settlers nider the armed oc-
cupation act. Respectfully,
M. D. PAPY, Clerk. House Representatives.
Mr. Stockton moved the Housz adjourn till to-morrow morning, 10
o'clock; upon which, the yeas and nays were called for, by Messrs.
Jernigan and Russell, and were,
Yeas-Messrs. Aldrich, Cooper, Daniel, Fletcher, Gibson, Gould,
Gregory. Hancock, Houston, Jones, Leonard, Maxwell, Stockton,
Tanner, Taylor, Towle, Tracey, Ward, Williams, Woodruff, Wynns,
and Mr. Speaker-22.
Nays-Messrs. Avery, Canova, Farrior, Fisher, Gaylor, Jernigan,
McIntosh, Monroe 'Russell, Stone, and Wesicott-11.
So the House adjourned till to-morrow morning, 10 o'clock.

WEDNESDAY, December 16th, 1846.
The House mbt pursuant to adjournment; a quorum being present
after prayer by the Rev. Mr. Foster, the journal of yesterday's pro-
ceedings was read and approved.
The following notices were given:

68
By Mr. Fisher-
That he would, on some future day, ask leave to introduce a bill to
be entitled an act to establish lost Treasury certificates.
By Mr. Westcott-
That he would; on some future day, introduce a bill to repeal an act
concerning the statutes of Great Britain in force in this State, appro-
ved December 27, 1845.
By Mr. Canova-
That he would, on some future day, ask leave to introduce a bill to
be entitled an act to change the name of Betsy Ann Wingate.
Mr. Fletcher, according to previous notice, introduced a bill to be
entitled an act to establish and regulate Pilotage on the waters and in
the harbours of Dade county; which was read the first time, and or-
dered for to morrow.
Mr. Williams, according to previous notice, introduced a bill to be
entitled an act to authorize Richard T. Martin to establish a ferry
across Holmes' creek; also,
A bill to be entitled an act to authorize Henry Hewett to establish a
ferry across Choctawhachee river; which were severally read the
first time, and ordered for to-morrow.
Mr. Williams presented two petitions of sundry citizens of Jackson
and Walton counties, praying that a new county may be made out'of
parts of Jacksonand Walton counties; which were read. On motion
of Mr. Fletcher, referred to a select committee of five, consisting of
Messrs. Williams, Daniel, Fisher, Fletcher, Tanner.
Mr, Farrior presented two petitions of sundry citizens of Franklin
county, praying that the boundary lines of said county may be more
definitely defined; which were read, and on motion of Mr. Farrior, re-
ferred to a select committee of five, consisting of Messrs. Farrior,
Stone, Stockton, Smith, and Avery.
Mr. Broward, from the Committee on Finance, made the following
report:
The Committee on Finance and Public Accounts, acting under in-
structions of the House of Representatives, have examined into the
accounts of the different solicitors, elerks, and sheriffs, (so far as the
press of business before them would allow,) which have been au-
dited and paidat the Treasury Department of this State, and beg
leave to
REPORT:
"That upon investigation of the accounts of the solicitors of the
Western and Middle circuits, they find that a part of the amount paid
to those officers was for services rendered in disposing of indictments
found against individuals prior to the existence of our State Govern-
ment-some by being dismissed, others by being transferred to the ab-
sentee or dead docket-the payment for which services was author-
ized by the last General Assembly-(see resolution No. 22, author-
izing Comptroller to audit the accounts of J. C. Smith, and all other
similar accounts.")
Your committee, if called on to express an opinion in relation to
the accounts above alluded to, must say that the services rendered the
State, by disposing of the many old indictments found under the Ter-
ritorial laws, have been well paid for; but can attach no blame what-
ever to those officers, inasmuch as the payment of the same was au-
thorized by the resolution above named.

69

So far as your committee have been able to examine into the ac-
counts of the different clerks and sheriffs, they find no charges made
for services Tendered, and materials furnished, that require particular
notice. The aggregate amount, it is true, may appear enormous; but
in reference to the same, your committee have taken into considera-
tion the different localities and the prices usually charged lor such
services and materials.
Furthermore, it will be recollected, (and it is an unpleasant reflec-
tion to your committee that such is the fact.) that the number of crimi-
nal prosecutions have been unusually large since the organization of
the State Governnent, and that whole communities have been agita-.
ted by the awful and extraordinary developments of crime in our
midst, where such a state of things was scarcely dreamed of by the
most suspicious, and that there has necessarily been an unusually
heavy draft upon the Treasury, to defray the expenses of prosecuting
offenders to justice, and it is hoped for the good, as well as the honor,
of our country, that snch a state of things mav never again exist.
In conclusion, your committee would recommend a thorough revis-
ion of the tariff of fees, and would earnestly recommend to the differ-
ent circuit judges to scrutinize closely all accounts laid before them
for approval, and thereby prevent many impositions upon the public
treasury.. All of which is respectfully submitted.
F. BROWARD, Chairman.
W.R. TAYLOR,
JOHN G. SMITH,
CHARLES RUSSELL
O. M. AVERY.
Which was received.
Mr. Taylor, from the Committee on Revising and Amending the
constitution, made the following report:
The Committee ol Revisions and Amendments of the Constitution,
to whom was referred the House bill to be entitled "An Act so to
amend the constitution of this State, as to extend the elective fran-
chise to all free white male citizens, of and over the age of twenty
one years, who shall have resided therein one year, and within the
election district in which they offer to vote six months next prece-
ding the day of election;'" and a bill to be entitled "'an act so to alter
the Constitution of this State as to require a residence-of one year
within the State, instead of two, as a qualification to vote,"
REPORT:
That as the subject-matter of those bills is now before the House,
in a-bill front the other branch of this General Assembly, they require
no special report from this committee. The same is therefore return-
ed to the House, WM. R. TAYLOR, Chairman.
S. F. JONES,
L. ALDRICH,
JAS. .FARRIOR,
JOHN TANNER,
JNO. WESTCOTT,
0. M. AVERY.
Which was received, and on motion of Mr. Taylor, said bills were
laid on the table.
Mr. Aldrich, from the Committee on the Judiciary, reported a bill to

70

be entitled an act to provide for taking testimony in chancery; which
was readthe first time, and ordered for to-morrow.
Mr. Russell, from a select committee, made tae following report:
The Joint Select Committee appointed by the General Assembly to exam-
ne into the proceedings of the acting Register of public lands, beg leave re-
spectfully to REPORT:
That in pursuance of the request of the Governor, they have examined into
the affairs of said office, and find that the several acts of Congress designated
in the report of the President of the Board of Trustees of Seminary Lands.
authorize the State to select and locate the following lands, to wit:
For two Seminaries of Learning, 64,240 acres.
For Seat of Government, 5,126 acres.
For 16th sections covered by private claims, 73,600 acres.
For Internal Improvements, 500,000 acres.

Total, 642,960 acres.
The Governor has since the adjournment of the last session of the Legisla-
ture, performed the duties of Register, and has caused to be located for Semi-
naries and Internal Improvements, one hundred and seventy thousand acres.
These locations have been made by gents employed under contract at a fixe4
compensation by the Governor. Two agents have been employed in the West,
two in the Middle, and two in the East. The compensation contracted to be
paid each locating agent is five cents per acre forfirst rate hammock lands, of
first quality, three and a half cents per acre for locating hammock lands of sec-
ond quality, and two and a half cents per acre for pine lands of first quality.
Out of 120,000 acres located by Messrs. Perry, Whitner, Wells and Barkley,
twenty nine thousand sixhuncred and eighty acres are designated as first rate
hammock lands, twenty three thousand two hundred and sixty eight acres are
designated as second rate hammock lands, four thousand seven hundred and
seventy acres are designated as oak and hickory lands, and sixty two thousand
two hundred acres are designated as first rate pine lands. Of the lands already
located, about one hundred and five thousand acres have been located east of
the Suwannee river, and about sixty-five thousand west of said river. A more
particular description of the location of these lands will be found in the tabilar
statement hereto appended.
Thirty-five thousand acres of those already located have been designated as
seminary lands, and said selections forwarded to Washington for approval bythe
Commissioner of the General Land Office. It should be remarked, however,
that a small portion of said lands hasbeen located upon lands entered by indi-
viduals under the pre-emption and armed occupation laws for the purpose of
securing the same to the State should the same by the default of the persons
interested in the same, revert to the Government.
The amount paid to said agents on account of their services up to the present
time, is about two thousand dollars, which has been received and disbursed in
the manner stated in the annexed report upon that subject.
In order to meet the expenses of locating these lands, it is absolutely required
that so soon as the necessary authority can be obtained from Congress, a portion
of the same should be exposed for sale. It will be observed by the statement
above made, that out of a selection of one hundred and twenty thousand acres,
over one half is composed of pine lands. This fact strongly indicates to us the
expediency of having the locations remaining to be made for the State, com-
pleted as soon as the same can possibly be done, in order to obtain valuable
lands before the same shall have been sold by the Government.
For the purpose of defraying the expense of their location, provision should
at once be made for a sale of such as are most accessible, and will probably
command the best price.
Apart from the reasons just suggested, general considerations of public poli-
cy would seem to indicate that these extensive donations of lands should riot

be kept back by the State from sale, but should rather be thrown open as an in-
vitation to the citizens of other States to settle among us, to add by their indus-
try and means to our prosperity, and aid in the development of our resources.
Rich lands without the population to till and improve them, will add neither
to present prosperity nor future wealth-but by the adoption of a judicious pol-
icy, whereby the public domain of the State shall be offered to the purchaser at
a reasonable rate and upon reasonable terms, the purposes for which the dona-
tions were granted will be subserved, wh.le the State will be benefitted incalcu-
lably by the increased impetus and importance conferred by a growing popula-
tion.
The rich lands of the Western States have attained iheir present value only
by the adoption of a liberal and far-seeing policy, which by placing them ili the
outset within the reach of the industrious and persevering pioneers of popula-
tion at a low price, has in the course of a few years, densely populated the
country, and made the remainder valuable and available. We shall then best
consult the interests of our State and its future prosperity, by at once offering
for sale such of these lands as are already located.
The mode of selling these lands is a matter which will require much consid-
eration, and is perhaps more properly within the province of the respective
committees on Schools and Colleges and Internal Improvements; but as thin.
vestigation entered into by your committee has embraced all the lands of the
State, they deem it not inappropriate to offer a few suggestions on this subject.
The plans adopted by other States of the Union in regard to the disposal of
their public lands, have been various, but it is believed to have been the usual
course to affix a minimum value upon all such lands, and offer them for sale at
public sale, a portion of the purchase money being paid down, and the balance
in annual payments. The system in force in the State of Indiana, affixes the
following rates and has the following provisions in respect to the sale of semina-
ry lands. The minimum rate for first rate land is fixed at two dollars and fifty
cents per acre ; for second rate land, one dollar and fifty cents per acre, and
.:third rate land, seventy-five cents per acre. The lands to be sold on the follow-
ing terms: 1. One fourth of the purchase money to be paid at the time of sale
with the interest on the residue for one year in advance. 2. Such residue to
remain on interest at the option of the purchaser for ten years, the interest being
paid annually in advance. 3. On failure to pay such interest when due, the
contract of sale shall be forfeited, and such land revert to th State, and may be
immediately resold. The title for the lands to be retained until the whole
amount is paid, and provision made against waste or trespass.
A system somewhat similar might be adopted by us with some modifications,
and as the outline of such a system, your committee would suggest thefollow
ing :
1. Minimum rates to be affixed to all of the lands, as follows-.- for first rate
lands, two dollars and fifty cents per acre; for second rate lands, one dollar
and fiftycents per acre; and for third rate lands, seventy-five cents per acre.
2. The lands to be sold on the following terms: one fourth of the purchase
mdney to be paid down, and the interest on the residue in advance for one year;
a second fourth of the purchase money to be paid at the expiration of one year
from the time of sale and the residue allowed to remain for a longer period--.not
exceeding five years on payment of annual interest in advance.
3. Upon failure to pay any amount due for principal or interest the lands to
revert to the state and may be immediately resold.
4. Suitable provision to be made against waste or trespass, and the title of
the lands to be retained until complete payment.
A modification which it might be well to adopt would be to fix the minimum
price somewhat in accordance with the location as well as intrinsic value of
the land as for instance, all lands between the Suwannee and Apalachicola riv-
ers from location might be deemed more valuable than others situated in
parts of the country less densely populated.
Should a cash sale be insisted upon, we should necessarily, be obliged to

72

niale a large reduction in the minimum rates affixed to the Stat6 Lands i1 o1-
der to make any sales, while the Government by means of pre-emption rights
and a minimum for its best lands below that we propose to affix to our second
best lands, offers more favorable terms than the State.
In nearly all sales of real estate between individuals, the principle of a part
S payment down, and a term of years fot the balance is insisted upon and recog-
nized; and the difference between an entire cash sale and a sale partly on credit
*is always great. An individual who sells land at a lower price for cash, does so,
not because it is more secure, but because the money may be necessary to him
or its use to him greater than the interest, but in the case of the state where
the money to be received is intended to be reinvested at interest, no such reason
applies, but on the contrary, no kind of investment is more safe, than that se.
cured by a lien, and power of re-entry upon the lands themselves, while the
interest received is greater than can be obtained from any other species of safe
investment. The credit, however, should not be extended for a greater length
of time than is requisite to enable the purchaser to meet the balance; one half
being paid within the first year will be a sufficient guarantee for the fulfilment
on the part of the purchaser of his contract.
The committee with great pleasure bear testimony to the fidelity and judg-
ment with which the novel and complicated duties of the Registership have
been performed by his Excellency the Governor without cost to the State.--
The state is also under much obligation to the President of the Board of Trus,
tees of Seminary Lands for the unwearied exertions and disinterested aid ren-
dered by him in the cause of education and the public interests of the state.
Mr. Oscar Myers has acted as the clerk of the Registry of Lands during the
past year, and has performed the duties of the same faithfully, and your com-
mittee recommend an appropriation of one hundred dollars to be paid to Mr.
Myers from the contingent fund upon the warrant of the Governor.
Your committee would particularly call attention to the importance and ne..
cessity of filling the office of Register immediately, and relieving the Governor
from the onerous duties appertaining to it,
The lands granted for the seat of government are in charge of the trea-urer
G. R, FAIRBANKS, Ch'n Senate Comn
CHARLES RUSSELL, Ch'n Ho. Com.

"E LANDS LOCATED.

WHITNER'S SELECTIONS.
Sections. Sections. T. South. R. E.ast,
The EhfSW qr and E hf of NWqrof 22 13 21
The whole of 15 13 21
The whole of 17 13 21
North West quarter of 27 13 21
North East quarter of 28 13 21
E half of N E qr and E half of S E qr 6 13 21
The whole of 13 21
The whole of 4 13 21
NENW and SW qrs 3 13 21
S E qr and Ehalf of N E qr 8 13 21
S half of E half N E qr and W half of NW qr of 4 13 22
The whole of 5 13 22
The whole of 6 13 22
NENW and SE qrs and E hfofSW qr 19 13 22
The whole of 30 13 22
South half of 31 13 22
South half of 32 13 22
North half of 34 15 22
West half of 35 15 22

WHITNER'S SELECTIONS- Continued.
Selections. Sections. T. South. R. East'.
SEqrand EhalfofNEqrof 5 17 22
South West quarter of 1 17 22
South half of 17 22
S half N E quarter and 1Taf dof 'N'-Wi of.: "3 17 22
North West and South East qrs of 4 17 22
South East quarter of 34 16 22
S WV r and East half of North WesLqrpf 35 16 22
Lots Nos 1 and 2-of 6 16 22
S WqrE hfofNWqrand EhfofSEqrof 5 16 22
South West quarter of 4 ,6 22
East half of Norlh West quarter of 9 16 22
South West quarter of" 10 16 22
E half of NW V r and W hf of N E qr of 15 16 22
Wesfthalfof .18 16 22
East half of 27 15 21
SW qrand WhfofNWqrof 27 14 20
S Eqr E hf of NWqr and EhfofSWqr of 26 14 20
Ehfof N Eqrand EhfofSEqr of 25 14 20
NWSWandSEqrsof 36 14 20
East halfof 35 14 20
South half of 34 14 20
Ehalfof N Eqr andEhalfofSEqrof 11 14 20
North half of 29 14 20
NEqr E hfofNWqr(and E hfofSEqrof 32 14 20
E half ofNE qrof 28 14- 20
S W qr and W halfof N Wqrof 30 14 21
SThe whole of 6 .23 20
North East North West and South West qrs of 5 23 20
E hf ofN W qrandW hfof NE qrof 7 23 20
E hfof NE qr and E hf of SE qrof 8 23 20
Wh ofNWandSWqsandEhof NE &SEqs 9 23, 20
NWSW andS Eqrsof 1 0 23 20
South East quarter of 23 23 20,
West half of South West quarter of 24 23 20
West half of North East quarter of 26 23 20
North half of 6 24 21
Whole of 11 24 21
SW qrand Whalfof SE qr 14 4 21
North West quarter of 23 24, 21
South West quarter of 24 24 21
W half of S W qr and N W quarter of 26 24 21
South East qr o 27 '24 21
NW qr and Whf of SW quarter of 25 24, 21
Whole of 23 22 19
Whole of 24 .22 19
East half of 25 2 19
EhbofNE q SW qofNEq&SEqNWqof 36, 22 19
- North half of 26 22 19
Whole of 22 22 19
N E and N W quarters of 21 22 19
North half of 27 22 19
North half of 28 22 19
North half of 29 22 19
East half of 19 22 19
Ehfand hfofNWandSWqrsof 33 2 19
10

WHITNER'S SELECTIONS-Continued.
Selections, -- ; :Sections. T. South. R. EasL
"WVest half of South West quarter of 34 22 19
North half and South East quarter of 6 22 19
East half of 7 22 19
East half of 18 22 19
North East quarter and South half of 17 22 19
East half of 8 2 19
East half of North East and S E qrs of 5 22 19
WOhble of 4 22 19
Whole of 3 22 19
Whole of 9 22 -19
West-half of 10 22 19
VWest half of 15 22 19
W hfofNWandS Wqrs of .2 22 19
E hf of sw qirandw hf ofs e qr 1 2 19
North east quarter of 12 22 19
whole of 11 22 19
west half of 1 ::4 22 19
w haf and w half of south cast quarter of 19- 22 20
Whole of 30 22 2,
west half of north west quan:ier of 31 '22 23
swq,whofseq,ehofnwq,whofneqrof5 19 17
west hf and west half of north east quarter of 8 19 17
south half of 1 21 18
south east half of 2 21 18
north half of 12 21 18
se qr, e half of n w qr, and w hf of n e qr of 30 20 19
whole of 6 16 16
west half of 10 16 16
whfand w hfofneandse qrsof 15 16 16
whole of 22 16 16
north east north west and south cast qrs of 28 16 16
whole of 7 16 16
whole of 8, 9, 17, 18 16 16
whole of 20, 21, 27 16 16
west half of 5 16 16
east half of 19 16 16
west half of 23 16 16
west half of 26 16 16
west half of north west quarter of 20 15 20
e hfofne qr s qr and chf of s w qr of 19 15 20
sw- qr and w hf of nw qr of 29 15 20
n e s s w qrs and e hf of-nwqr of 33 15 20
w hfandw hfofne qr of 1 14 20
whole of 2 14 20
s hfn w qr and w hf ofn cqr 36 13 20
south half and north east quarter of 35 13 20
whole of 21, 17 13 20
north east quarter of 28 13 20
west half of 25 13 20
whole of 1 13 20
south half of 2 13 20
whole of 12 13 20
whole of 6 13 20
whole of 5 13 20
All except the west hf ofs w quarter of 8 13 20
ivhole of 7 13 20

	Title Page
	November 1846
	December 1846
	January 1847
	Appendix