Citation
Journal of the House of Representatives of Florida

Material Information

Title:
Journal of the House of Representatives of Florida reformatted from the original and including, A journal of the proceedings of the Legislative Council of the Territory of Florida ..
Portion of title:
Journal of the proceedings of the Legislative Council of the Territory of Florida
Portion of title:
Journal of the proceedings of the House of Representatives of the Territory of Florida
Portion of title:
Journal of the proceedings of the House of Representatives of the General Assembly of the state of Florida
Portion of title:
Assembly journal a journal of the proceedings of the Assembly of the state of Florida
Portion of title:
House journal a journal of the proceedings of the House of Representatives of the ... session of the Legislature of the state of Florida
Portion of title:
Journal of proceedings of the House of Representatives of the Legislature of the state of Florida
Portion of title:
Journal of the House of Representatives
Creator:
Florida -- Legislative Council (1822-1845). -- House of Representatives
Florida -- Legislature. -- House of Representatives
Florida -- General Assembly. -- House of Representatives
Place of Publication:
Tallahassee
Publisher:
State printer
Publication Date:
Frequency:
Annual
Language:
English
Edition:
No. 1, 1845, January 6, 1845 - March 11, 1845
Physical Description:
1 online resource ( volumes) : ;

Subjects

Subjects / Keywords:
Legislative journals -- Periodicals -- Florida ( lcsh )
Legislative journals ( fast )
Politics and government ( fast )
Politics and government -- Periodicals -- Florida ( lcsh )
Florida ( fast )
Genre:
Periodicals. ( fast )
Electronic books. ( gtlm )

Notes

Dates or Sequential Designation:
Began with 1822.

Record Information

Source Institution:
Law Library Microform Consortium
Holding Location:
University of Florida
Rights Management:
This item is presumed to be in the public domain. The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions may require permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact Digital Services (UFDC@uflib.ufl.edu) with any additional information they can provide.
Resource Identifier:
973856440 ( OCLC )
ocn973856440
40831-1845-001 ( LLMC )

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The

The Library of Congress’
EARL YSTATE RECORDS PROJECT
converted from the original microfilm held by the Vincent C. Immel Law Library, Saint Louis University
through the generous support of the following institutions
University of Chicago, D’Angelo Law Library
Columbia University, Arthur W. Diamond Law Library
Cornell University, Law Library
Law Library of Congress
University ofNorth Carolina at Chapel Hill, Kathrine R. Everett Law Library
St. John’s University, Rittenberg Law Library
University of South Carolina, Coleman Karesh Law Library
Stanford University, Robert Crown Law Library
State University of New York at Buffalo, Charles B. Sears Law Library
Yale University, Lillian Goldman Law Library
And a shared contribution by libraries at the following Florida institutions:
University of Florida University of Miami University of South Florida Florida State University University ofWest Florida Florida A&M University Florida Gulf Coast University University of Central Florida University ofNorth Florida Rollins College Northwest Florida State College Florida Polytechnic University
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HOUSE OP REPRESENTATIVES
OF TO*
TERRITORY OF FCORIDA,
AT ITS
§k'9«%i*n,
JtEGUN AMD HEED IN THE CITY OB’ TALLAHASSEE, ON MONDAY, JANUARY 0, 1815.
TALLAHASSEE;
OFFICE OF THE FLORIDIAN;
PBINTBD BY S. S. SIBLEY.
1845.
•

A
JOURNAL
*
OP THE


FBOMIDINM
OF THE HODSE OF REPRESENTATIVES OF THE TERRITORY
OF FLORIDA, AT ITS TWENTY-THIRD SESSION.
Monday, 6th January, 1845.
The Mouse of Representatives met, and was called to order byHugh Archer, Esq., Chief Secretary of the former House of Rep, resentatives.
The following members were present, and answered to their names, viz; ‘
From Escambia County—F. E. de la Rua, “ Leon “ Tho’s. Brown, A. Cromartier “ Madison “ D. H. Mays,“ Columbia “ George E. McClellan, “ St. Lucie “ Ossian-B. Hart,
There not being a quorum present, adjourned until to-morfow, 12 o’clock. .
4


Tuesday, 7th January, 1845.
The House met pursuant to adjournment, and was called to order by Hugh Archer, Secretary of the last House of Representatives of the Legislative Council.
The following members answered to the call of their names, viz : Escambia County-—P. E. de la Rua, Santa Rosa “ John Wilkison, Washington “ James M. Long,Walton “ Alexander Turner,Jackson “ A. H. Bush, J*. R.Chapman,
Calhoun “ Joel Porter,
Franklin “ Samuel W. Spencer,
Leon “ I. H. Randolph,Thomas Brown, Alexander
Cromartie,
Gadsden “ A, K. Allison, Isaac Ferguson,
Jefferson “ T. J. Heir, John L. Taylor,
Madison “ Dennitt H. Mays, ,
Hamilton “ Robert L, Ivey,
Wakulla “ William H. Walker,
St. Johns “ W. A. Forward, W. W. Loring,
Duval “ H. H. Philips, A. W. Crighton,
Nassau “ John H. Haddock,
Alachua “ John J. Sanchez,
Columbia “ George E. McClellan, '
Mosquito “ A. S. Spear,
Monroe “ * Alexander Patterson,
Dade “ J. P. Baldwin,
St. Lucie “ Ossian B. Hart,
Marion “ James Child,
Hillsboro? “ James A. Goff.
• Mr. Ferguson, ofGadsden, wascalledtotheChair,andthemembers were qualified by his Honor Judge Douglas, Judge of the Middle District of Florida.
Certificates of election from the Clerk of Marion County were
produced by William D. Branch and James Child, both claiming a
seat as the member elect from that County.
After considerable debate, the House decided that James Child
should be qualified as the member from Marion, Ossian B. Hart as
the member from St. Lucie, and James A. Goff as the member from
Hillsborough Counties.
The House then proceeded to the election of officers, which resulted in the choice of Hon. -W. A. FORWARD, Speaker.
H. Abchee, Chief Secretary.Robert Sessions, Assistant Secretary. Thomas Ginn, Foreman. '
S. W. Babeington, Messenger. Andrew McClellan, Sergeant-at-Arms and Door Keeper• Mr. Allison moved that the House proceed to elect an Assistant
5


Clerk, and the ayes and noes being called ibr on said motion, were as 5 follows, viz:
Ayes—Mr. Speaker, Messrs. Allison, Baldwin, Crighton, Ferguson, Goff; Haddock, Hart, Heir, Loring, McClellan, Porter, Sanchez, Spencer, Taylor, Walker—10.
Noes—Messrs. Brown, Bush, Chapman, Child, Cromartie, He la
Rua, Ivey, Long, Mays, Patterson, Philips, Randolph, Speer, Turner, * Wilkison—15. 3 So the motion prevailed, and John G. Smith was elected Assis
tant Clerk. Samuel S. Sibley, Printer. J The Speaker administered the oath of office to the different officers, except to Robert Sessions, Assistant Secretary, who was not present. The House then adjourned until Thursday, 10 o’clock.
Thursday, January 9th, 1845.
The House met pursuant to adjournment, and a quorum being-present, the Journal of Monday’s and Tuesday’s proceedings were read,
Samuel Robert Sessions, Assistant Secretary was present, and the oathofofficewasdulyadministered to himbythe Speaker.
% certificate of election was presented by William H. Shaw, from Hillsborough county, claiming a seat in this House as the member; elect from that county;
Which was read.
On motion of Mr. Brown, a committee of five was appointed by-the Speaker, to draft rules for the government of the present session ofthe Legislative Council, ahd until the said committee should reportrules, the rules of the last session were adopted for the governmentof the House.
Messrs. Brown, Ferguson, Taylor, Bush and Heir, were appointed that committee.
Mr. Child moved that a committee of three be appointed to wait upon the Senate and inform that bedy that the House is now organized, and ready to proceed to business ;
Which motion prevailed, and Messrs. Child, Brown and Allison were appointed that committee.
Mr. Allison moved that a joint committee of three be appointed to act with a similar committee on the part of the Senate to wait upon his Excellency the Governor, and inform him that both Houses of the Legislative Council are organized and ready to receive any communication he may Wish to make to them ;
Which motion prevailed, and Messrs. Allison,Long, and Cromartie, were appointed that committee.
Mr. Heir moved that the Secretary be requested to purchase for the use of this House and members, such furniture, stationary, &c., as may be necessary for the present session ;
Which motion prevailed.
6

Mr. Cromartie moved that a committee of three be appointed to confer with the different Ministers of the Gospel of this place, and -engage the services of some one of them to perform the duties of Chaplain of this House 'during the present session ;
Which motion prevailed, and Messrs. Cromartie, McClellan, and Crichton, were appointed that committee. The Speaker announced the appointment of the following Stand
ing Committees, viz:
Committee on the Judiciary.
Messrs. Ferguson,Bush, Mays, 1 Randolph,Heir.
Committee on the Militia.
Messrs. Taylor,Turner, Philips, Patterson, Ivey.
Committee on Finance and Public Accounts.
Messrs. Mays, Brown, Walker, De la Rua, Long.
Committee on Claims.
Messrs. Crichton, Cromartie, Porter, Wilkison, Speer.
Committee on Schools and Colleges.
Messrs. Allison, Chapman,McClellan, Loring,Brown.
'Committee on'the State ofthe Ter. • riiory.Messrs. Loring, De la Rua, Randolph,Baldwin, Philips.
Committee on Corporations.
Messrs. Heir, Spencer,
Bush,
Wilkison,
Long.
Committee on the Currency.
Messrs. Randolph,Haddock, Ivey, De la Rua, Baldwin.
Committee on Agriculture. t
Messrs. Turner, J McClellan, Ivey, Allison, Haddock.
Committee on Internal Improvements. Messrs. Patterson, Philips,’ Chapman,Speer,Porter.
Committee on Enrolled Bills.
Messrs. Bush, Brown, Spencer,Cromartie, Heir.
Committee on Elections-
Messrs. McClellan, Patterson. Philips,Wilkison, Taylor
7
Mr. Ferguson moved that the certificates of the Clerks of the different Counties, handed in to the Secretary by the members of this House, be by that officer delivered to the Chairman of the Committee on Elections, and that they be permitted to send for persons and papers, if necessary, to determine the claims of such members as maybe regarded doubtful, or such as are contested.
•
On the question of adopting said motion, the yeas and nays were called for by Messrs. Allison and Heir, and were as follows:
Yeas—Mr. Speaker, Messrs. Brown, Chapman, Child, Crichton, Cromartie, Ferguson, Goff, Haddock, Hart, Ivey, Loring, Mays, McClellan, Patterson, Philips, Porter, Sanchez, Speer, Taylor, Turner, Walker and Wilkison—23.
Nays—Messrs. Allison, Bush, Heir and Long—4.
So the motion prevailed.
Leave of absence,was granted to Mr. Walker, of Wakulla, until
Monday next. The House adjourned until to-morrow, 10 o’clock.
Fbiday, 10th January, 1845.
The House met pursuant to adjournment, and a quorum being pre-* seent, the Journal of yesterday’s proceedings was read. Mr. Heir asked that the rule be waived, and he be permitted to introduce the following preamble and resolutions, viz.:
Wheheas, It has pleased an All-wise Providence, in His wisdom, to deprive us of the counsels and companionship of our friend and brother member of this House, the Hon. James Gibbons, from Benton County, who departed this life while on his way to the Capitol. Therefore,
Be it Resolved by the House of Representatives of the Legislative Council of Florida, That the members of this House shall wear the usual badge of mourning on the left arm for the space of thirtydays.
Be it further Resolved, That we tender to the afflicted family of our deceased brother our sincere sympathies in their and our bereavement, and that the Secretary furnish a certified copy of these resolutions to the widow of the deceased.
Which was read, the rule waived, and the same unanimouslyadopted. Mr. Bush gave notice of his intention, on some future day, to introduce the following bills, viz:
A bill for the protection of the rights of females,
A bill to repeal the charter of the Bank of Florida.
Mr. Allison gave notice that he would, on some future day, ask leave to introduce a bill relating to Executions.
Mr. Baldwin presented a memorial from numerous citizens ofMonroe County, praying a reduction of the Auction Tax on the sales of real estate in that County.
8


Which was read, and referred to the Committee on the State of the Territory.
The Speaker presented to the House two communications from William Ashley, Esquire, a Justice of the Peace, of HillsboroughCounty, and presiding Magistrate in-a contested election for Representative from that County, taken at the request of James A. Goff
•and William H. Shaw, Esquires. Which communications were read, and the same, with the e,vi.
dence taken, referred to the Committee on Elections.
Mr. Haddock offered the following resolution, viz :
Mesolved, That the Sergeant-at-Axms of this House be authorized
to hire a servant for the purpose of making fires, bringing water,
&c.
Which was adopted.
Mr. Brown, from the Select Committee appointed to prepare rules forthegovernment ofthis House, during,the present session, reported
the rules of last session.
Which feport was concurred in, the rules of the last session re
ported, were adopted, and 50 copies ordered to be printed.
Mr. Heir moved that 50 copies of the Standing Committees be
also printed for the use of the members.
Which was rejected.
Mr. Cromartie, from the Committee appointed to engage the ser.
vices ofa ChaplainforthisHouse,duringthe presentsession,reported
that: said committee had performed that duty, and that they had en
gaged the Rev. Joshua Phelps as Chaplain to this House.
Which report was received and concurred in, and the committee
requested to inform the Rev. Mr. Phelps of the same.
Mr. Child, from the committee appointed to wait on the Senate
and inform that body that this House was organized, and ready to
proceed to business, reported that they hacj performed that duty.
Which report was received.
Mr. Allison, from the committee appointed to wait on his Excel
lency the Governor, reported that they had performed that duty, and
that his Excellency had informed them that he would be ready in a
few minutes to transmit to the two Houses his message.
Which report was received.
Messrs. Moseley and Hart, a committee from the,Senate, appeared
before the House, and announced that the Senate had organized by
the election of
Hon. G. W. MACRAE, President. .T. F. King, Secretary.
R. E. Gibson, Assistant Secretary.
J. V. Gabnie, Foreman.
J. A. SujQrEEtnr, Messenger.Neill McPhebson, Sergeant-at-Arms.
His Excellency the Governor transmitted to the House, by his private Secretary, William H. Branch, Esq., his annual message.Which was read, and 1000 copies of the message, with the documents accompanying the same, ordered to be printed.
9


GOVERNOR’S MESSAGE.
Gentlemen ofthe Senate and House of Representatives:
In discharging the responsible duty of recommending the most ap propriate subjects for your legislative deliberations, I am deeply sensible of my insufficiency to the proper performance ofsuch an office* In advance, therefore, I invoke the aid of that Omniscient Being, to whom, as a Nation, we have been so often and so signally indebted. Under His guidance, and in the confident beliefthat my imperfect eftoits will be generously aided by your prudent counsels and co-operation, I shall, without farther preliminary, proceed to the execution of the task—barely premising that all governments, controlled by an enlightened and honest public sentiment, are designed to promote the greatest good of the greatest number, and can only be carried into practical operation, in a spirit of mutual concession and compromise.
Under the influence of these fundamental truths, my purpose will be to confer ingenuously and freely with you, and to unite cordially with every honest patriot in placing our adopted country in the best position to assert her rights, and redress her wrongs, with energy, dignity and unyielding firmness. For it must be admitted that Florida has rights to maintain, as well as wrongs to redress, ofsuch a character as to demand our undivided energies. With these convictions, I should be wanting in a proper discharge of my duty, were I to shrink from the high responsibility of recommending them, not only to your favorable notice, but to your efficient action.
Ifever there existed a community with well-founded claims on its government for indemnity, it is to be found in Florida—a countryhighly favored by Providence, but laid waste by a ferocious and implacable foe—provoked and goaded on, not only without a provident preparation for such an occurrence, but in the prosecution ofa war, to say the least, of doubtful policy. It is painful, as it is unnecessary, for me to dwell on the manner m which it was conducted and protracted. It is enough to know, as our citizens but too sensibly feel, that by this ill-advised measure, Florida has become, through no agency of her own, an almost blood-stained wilderness; and that half a century will scarcely suffice to place her where she would have been but for the mismanagement of her Federal Trustee, Would that this were all—but not so i Through the same agency, an unwise and ruinous legislation has been inflicted on her, worse, if possible, than “ war, pestilence and famine.” I mean the blighting influence ol a corrupt and corrupting paper system, so utterly rotten, that I cannot undertake its dissection. You will, however, see from the accompanying correspondence marked B, that I have assumed what some may deem a weighty responsibility. MayInotexpectyourenergetic aid,intheeffort Iammaking to rescue our good name from the reproach of faithlessness, in the discharge of honest liabibties t I say emphatically, honest liabilities, for none other would I recognize as an individual, and no other
10
would
I advise you to assume. One thing, however, is certain, that whether the loss on the loans negotiated by the Banks, upon the faith of the Territory, is to fall on the Territory, your Federal Trustee, or the capitalists, you are bound in honor to prevent, by every means in your power, the waste or misapplication of the property mortgaged,to any other purpose than their payment.
It is true that all parties now denounce the Banking system, as it has existed in Florida, as a Pandora’s box, and cry aloud for the nuisance to be forthwith abated. In this I concur. But let us take care, that we do not involve the innocent with the guilty, in one indiscriminate wreck ; for in critical operations in surgery, the utmost caution and skill are necessary.
In addition to all this, Florida has had indignities superadded to injuries. She has been charged with repudiating hexjust debts.— Nothing can be more libellous; and in her behalf, I feel it to be myduty to repel the charge. On the contrary, it is her anxiety to payher honest debts, that induces her to scrutinize the spurious demands ofspeculators and bank-swindlers,generated and fostered by irresponsible Federal rulers. Under such circumstances, it is expecting too much to suppose that the unsuspecting citizens of Florida will suffer themselves to be crushed by so unholy an alliance ; and this, too, without a murmur.
Under the Providence of God, Florida earnestly desires to carve out her own fortunes in her own way. She asks to be permitted to appoint her own officers, and to make and administer her own laws; and in thus asking, she feels that she seeks nothing but what she is justly entitled to, and what she would be recreant to her best interests and posterity, were she not to insist on. She demands the rights of a Sovereign State, so long withheld from her, though guaranteed bythe Constitution of the United States, and the Treaty iff Cession.— With a solitary Delegate in Congress, without even a vote to oppose aggressions ’on your rights, how can you expect successfully to contend for an equal participation in the benefits ofthis glorious confederacy 1 Allow me, then, to advise you to gird on the armor of State Sovereignty—to shake offthe old boy, and put on the new man 1
To those of our fellow-citizens, who believe that we are incapableofsustaining the expenses ofa State Government, I would respectfully say, that if the estimates of our able and indefatigable Delegate are to beaccredited—ofwhich Icannot doubt—yourfearsare g-round?less. Instead ofbeing a lossofafewdollars and cents,it willbe a gain of thousands and tens ofthousands. But, I would remark, that we ought not to be deterred from the pursuit of the great prize, bysuch considerations. The right ofself-government is inestimable to freemen, and ought not to be abandoned for light and trivial causes.
In making the foregoing remarks on our Federal relations, it is not my intention ito question the motives or patriotism of anyadministration, either past or present; but to do justice to a people over whom I have the honor and responsibility of presiding, as their chief Magistrate, by % plain narrative of facts, which I believe to be incontrovertible, and to hold those responsible,; and those
i
*
•

11
only, who have been the causes of your insufferable ills. On the contrary, 1 should do violence to my own feelings, were I not to acknowledge the debt of gratitude we owe to the patriotic officers and soldiery, both of the regular army and militia, who periled every thing in this inglorious war j and that, too, under the most discouraging circumstances. And I may. further add, that I sincerely sympathizewith them,thatfromthecharacter oftheenemy withwhomtheyhad to contend, and the country in which their operations were carried on, so few laurels have been won—though doubtless merited— in away to be appreciated and rewarded by their countrymen; in a word, that allcannot be “ Woiths.”
Having thus, with the pencil of unvarnished truth, briefly stated your grievances, and just demands on an enlightened and magnanimous Government, and pointed to the remedy, I shall pass on to other matters not less interesting to the philanthropist and patiiot.
As intimately connected with the redress of your own wrongs, allow me to impress upon you the sacredness ofyour obligations to the rising generation and to posterity, to extend every facility in your power to the acquisition of a liberal education. This can only be done by establishing schools in every part of your Territory, to the extent of your ability; and your ability will greatly depend on the proper disposition and preservation ofyour School Lands. It is to the diffusion of knowledge that we must look for the security and peipetuation of our liberties. Intelligence is the main-spriug of all Republics. In this our day, “ instead of the strong arm, it is the strong“ head that is the moving principle of society-You have disentkro- u ned Force, and placed in his high seat, Intelligence, and the neces- “ sary consequence of this great revolution is, that it has become the *• duty and the delight equally of every citizen to -cultivate his mind.”
The report of the Trustees of the Seminary Lands accompanies this communication, and is worthy of your special notice. It is, so far as I am informed, the first digested movement to establish order out-ofchaos,andmayconstitute thebasisofthe mostusefulinstitutions.
As a crisis is evidently approaching in the affairs of Florida, fraught with important results, it behoves you to examine with great .care your laws and institutions, as they now exist, and conform them to what they should be under a newstate ofthings. -The maintenance ofeither-a Territorial or State Government requires that adequate ways and means should be provided, to impartvitality to the whole system, and give stability and character to our institutions. While no more should be drawn from the pockets of the people than is absolutely necessary to secure these desirable and indispensable objects, a proper respect for public opinion, and our o,wn character, should induce us to pay our debts. This can only be
â– done by making timely requisitions from those to whom the Government belongs, and who, at all times, will cheerfully submit, provided a proper degree ofvigilance and economy be practised in the collection and disbursement of taxes, adjusted on an equitable and piudent basis,-It cannot be a matter of surprise that the people should mur
«
•

12
mur, -when they know that their contributions are wastefully handled, and their debts left unpaid.
Among the documents accompanying this communication, are the Auditor’s and Treasurer’s reports. In looking into the condition of the Treasury, and examining the process by which your taxes have been hitherto levied, collected and paidin, I find that the greater portion has been distributed among assessors and collector?, and that little has found its way into your Treasury; and much of that litde, consists ofthe “promisesto pay” ofbroken Banks.
The Criminal Code, wisely designed to protect the citizen and preserve the peace and dignity of the country, has manifestly failed to accomplish its object; otherwise we should not so often witness the violation ofboth private and public justice. It maybe that some, thing is owing to the want of a penitentiary and common jails, or an adequate revenue to enable the officers to prosecute with effect, or tothemal-administration oftheexisting laws. Letthecause bewhat it may, it is your solemn duty to trace it out, and apply the remedy, otherwise, to use the language ofone of our Judges, “our Territory-may become a rendezvous for felons.”
Every facility should be afforded, for the enforcement of bona jide contracts, and the abrogation of all executed in bad faith. The property of every man should be made subject to the payment of his just debts. It is a reproach to any people, to allow fraud to be perpetrated, either by exempting equities of redemption from legal liability to the payment of honest debts, or by any other device. It is wise and humane to protect the personal liberty of the honest debtor; butfraud of every kind should be visited with condign punishment.In short, the protection of wige laws, steadily and faithfully administered, constitutes the perfection of human government. I therefore, earnestly recommend to you the most effective legislation on these various subjects.
It would seem to be scarcely necessary for me to caution youagainst the renewal of a Territorial paper system, when it is recollected that our citizens have suffered so repeatedly, so severely, and so recently, by the machinations of hiere adventurers. But, such is the gullibility of man, when suffering in extremis, that he is too often found willing to experiment on any and every quack nostrum that may be offered him. Hence, but a short time since, through the fascinating appliances of a Trio of these gentry, who contrived to insinuate themselves into the confidence of some of our public functionaries and many of our good citizens, the country has again for almost the twentieth time, been inundated with a base cunency, not even made payable in Florida, but in New York, at the counting house of anindividual, who standscharged byindictment withbeing“particeps erimmis.” It may not, therefore, be inappropriate, to lay before you a correspondence, marked C, which I find on file in the Executive office, between my predecessor and the ’ate Governor of New York, by way of illustiating the evils which have attended the renewal ofthe Bank ofFlorida—the last, in the series ofinfatuated experipients—which, you were officially informed by a Federal officer
18
13

of high authority in recommending it to popular favor, had remained dormant for a number of years, and was purchased in by an individual, and said to be “ one of the safest and best charters which has “ ever been granted in the Territory, and provides better than any“ other against an over-issue, and the consequent depreciation of ifs “ paper.” And, but a few weeks before the bank escaped yourjurisdiction by flight, you were again told by the same authority, that “ it has furnished a safe circulation, to some extent, and the prudence “and discretion with which it has been conducted, entitles it to the “confidence of the public.” From it,I trust, we may be enabled to derive some useful lessons, both as regards Banking, Teiritorial responsibility and International law. In New York, it would seem, that to swindle a whole community, through the agency* of Bank officers, is regarded as a venial indiscretion; and, therefore, the fugitive charged with such an offence, made by our statute a crime, will not be delivered up by the authorities of New York, to be tried and punished in Florida. . % o
This is somewhat analagous to the grounds taken by the British Minister in attempting to justify the refusal to deliver up the fugitive slaves, who were charged in this Territory with rohbery cnJ murder. As the laws of Great Britain recognize no such relation as master and slave, in their West India Islands, and had provided no punishment for such cases, ergo they would recognize none such m . Florida. Thus, it would seem, we have places of refuge, provided for our murderers, robbers, and Bank Swindlers, and we may expect,unless some steps be taken to arrest it, that the whole catalogue of crimes will be embraced by these pseudo-philanthrophists. My respect for the authonties of New York, forbid my making further , comment, at this time, on this extraordinary state of things; under a hope, that wiser counsels may gain the -ascendency, and avert the threatened and impending conflict, that must ensue from a persistance on the part of New Yoik and Great-Britam in such wanton aggressions on our rights.
Oh the tendency of. a Paper System, my opinions have been formed (and are now confumed by the experience of the country)for more than a quarter of a century; and I, therefore, feel the less hesitancy, in lecommending to you the most cautious legislation in relation to the currency of the country. Our sagacious forefathers, m framing a Constitution for the United States, gave to Congress,the power to coin money and to regulate its value ; and expressly inhibited the States from emitting bills of credit, or making anything but g..u ano silver coin, a legal tender in payment of debts.—>They had grievously felt tin evils of an inflated and depreciated paper currency, and w-re particulaily anxious to protect the country r.om a recurrent’! of similar ills. They doubtless thoughtthey ImJ achieved the', * } nrpose, but such has .been the disposition of .aan. from ibe da^.s of Adam, that he lias been restless under resu-imts however salutary, and bpt too prone to grasp at forbidden power, tn theory, we live under a government of limited powers , yet in practice, it must be acknbwledged, thg restraints ol
14


our fundamental and municipal laws are too often disregarded bythose, wielding the sceptre of power.
Having, some twenty-five years since, had occasion to perform a task similar to the one in which I am now engaged, and at a crisis in the paper system, very much in its effects like the present, I cannot believe that you will be less disposed to respect my opinion of that day, than the crude suggestions of the present; more especially as they have “grown with my growth and strengthened with my strength and, as I believe, within a month or two past, have received the sanction of a majority of the people of the United States. The following extracts are taken from my message to the General Assembly pf North. Carobna in 1819—when, as I before remarked, the whole country was suffering from nearly the same causes, aggravated by a Bank of the United States, with a capital of thirty-five millions of dollars, then in full operation:
“ The Banks—the regulators of our currency—have led the clii“ zeus of our once happy country into the wilds ru.d mazes -,f speculative Jiff, and, finally, into a labyrinth ofdifficulties, from which, I “apprehend it will require all your sagacity to extricate them. Yet ‘•it uPnoovtsyou, who have given them their existence, to probe the •* wound to the bottom, and, if possible, avert the alarming visitation “ with which they are threatened-The extraordinary fluctuations i “ the price of property, and indeed of every necessary and convenience “of life, have excited, throughout the land, such a thirst for visionary“ and enthusiastic speculation, as tbtally to subvert the industrious “habitsofourpeople. Themanwhohasacompetency to-daymay“ be plunged into the depths of poverty to-morrow. While I am on “ this subject, permit me to caution you against the too frequent prae•• tice of bestowing on a few importunate applicants, desiring to be “ associated as a body politic, the exclusive privileges and immunities “which usuallyattach to chartered companies, without due consider“ ation of the latent principles contained therein, or the remote bear“ ings they may have on society; for, in this way, we have been “ parting with our sovereignty, from time to time, and if the practice “be persisted in, we shall soon become a government ofcorporations,
insteadofagovernment of thepeople. Icannot,however, huthopf“ that, notwi.hotanaing the evprcssed price of th> stable commodities -of the Slate, and the diffi'ulties and emburra air.mts with which “ many of our ieilow-ciluen* aave to struggle, tha* the p-riod is ap•■proaching whentfi' «i’C and mV.per.denee whidi have her ,ofu<: “ been Notwithstanding every intelligent man knows that like causes will
produce like effects, and that the causes of our pecuniary embarrass
15


ments in 1819, were much the same as now, yet such is the bold daring of American statesmen that they disregard mathematical truths, and rush blindfold into the gambler’s arena, resolved to “ do or die.” Hence, I fear, that we must construct some stronger bulwark than a constitutional or paper barrier to save the Republicharmless from this hydra.headed monster; and I know of no other than an enlightened, patriotic and honest public sentiment, otherwise we may expect to be attacked periodically with a Bank or paper mania ; and while laboring under such delusion, what ligament is strong enough to restrain the partisan leader!
It is, however, a source of mutual congratulation, that the recent elections throughout the United States indicate a sound state ofpublicsentiment on these momentous and vital questions. Although our task-masters, the monopolists, have paralyzed our energies, and would soon have consummated our utter ruin, yet, they are now, thank God, checked, if not disarmed; -nd the Executive power, which providentially fell into the hands of an enlightened patriot, instead of beingclutched by tbi§ foimidable aristocracy, will be gently transferred to a kindred spirit, who believes that the tiller of the soil is as much entitled to the protection of his government, as the capitalist; more especially as the latter is by uis 20 or 30 per cent, extorted tribute, iattpiiing on the spoils, while the former i« daily becoming impoverished. Nothing but a confident belief tuat help is at hand, could sustain us, or make our present burdens hearable.
These burdens I foresaw and depiecated twenty-five years ago,and, in my humble way, attempted to guan. the country against them, as will appear from the following extracts taken from the messagepreviously referred to;
“If success attends the gigantic stri ei .f the friends of manufae“res, and the onerous burdens sought *,• he imposed on the(agricul- “tural, and indeed many other bran Lc-ri industry, should not be “ averted, away with our boast J equa i of pursuit, and freedom'* from unnecessary res'rain1 h.the, flic nrid of our country. I “ am aware that no a^t ot iegis.ution . an •< , • out of my remarks;“ hut a silent acquiescn-e, v. Lilo the chain., arc forging, would he a “grosr dereliction oi duty, i would nevr i.hrless barely ask, is it “just that the independent yeon. iry of our country should be made “tributary to the degraded and debased population, the growth of
* manufaetuiing establishments ; or is it politic, that this virtuous and “ intelligent yeomanry, ihe only safe depositoryof the liberties of the “ coui.t'-y, should, by this hot-bed establishment of workshops, he uiti“ mutely amalgamated with them, or driven by oppression, con“ strained to abandon the fair and exhilarating pursuits of rural life, “the prolific nursery of-heroes, statesmen, patriots and philanthropists?"
I deem it proper to lay before you a copy of a letter which I received, (marked D) in October, from the Secretary of the Commonwealth of Massachusetts, in relation to our domestic police, and which I forthwith submitted to Walker Anderstm, Esq. U. S. Attorney for the Western District—a gentleman whoso refined feelings and high
16


character afford a-sure guarantee against unjust prosecution. From ityouwillperceive thatthe Government ofMassachusetts hasbeen instigated to call on the Executive of this Territory to interpose and stay the proceedings of a co-ordinate department of this Gov. eminent, to gratify the morbid feelings of Northern fanatics, thereby impeaching the impartiality and purity of our highest judicialtribunals. While I could not, from a proper official respect, recognize anyrightintheauthorities ofMassachusetts tointerpose in suchadelicate matter, I nevertheless for my own satisfaction and the respect I entertain for the good opinion of an enlightened and impartial world, lost no time in making the communication known to the prosecutingofficer, on whom the high responsibility rested. The answer of Mr, Anderson is full of instructive admonition to those deluded victims of a vicious credulity; and it is to be hoppd that their -incendiary and disorganizing intermedling with our domestic institutions, wiE stand rebuked by his calm and dignified refutation of their unfounded calumnies. The result of this prosecution has proven most conclusiveiy, that instead of being too sanguinary, our punishments are of too mild a type for such aggravated crimes. I therefore, recommend that henceforth no such incendiary be permitted to escape our jurisdiction. Death is the punishment provided by law for such offences in the slave-holding States generally, and it ought to be so in Florida. As intimately connected with this subject, I herewith submit to you a letter which I received from the late Governor of South Carolina, covering certain resolutions adopted by the Legisla
ture of that State.
These and the grounds of opposition to the annexation of Texas, and many other unerring indications of the fixed purpose of the abolitiomsts to destroy our domestic repose, ought to satisfy the most skeptical among us that our Constitutional rights are insidiously assailed, and that to enjoy them much longer, we must be prepared to defend them.
The proper and efficient organization of the Militia cannot be a subject of indifference, when it is borne in mind that on this species of force we have mainly to rely for the’defence of this, the most exposed portion of the United States* "Permit me to urge its importance, and respectfully to recommend a revision of your laws so far at least as toensurepromptandaccurate returns tothe AdjutantGeneral of the United States. For the want of such returns our citizens are comparatively unarmed, and so hare been for the last-thirteen years, although engaged in a bloody war for more than half that time. Having done ourduty, we may then confidentlyrely on the Federal Government forthefortification ofourextendedseaboard. This, I am gratified to learn, is now attracting the attention of Congress,andI cannot doubt that every thing wiE be done that money and the indomitable spirit and energy of our fellow-citizens can achieve to render our exposed frontier impregnable to a foreign foe. For this* we have an ample guarantee in the great interests at stake—embracingthecommerce, navigationand agriculture pftheNorthern States, and the valley of the Mississippi, much the largest portion of the
17


wealth and population of the United States, They will not—they cannot—long permit these great interests to remain unprotected— liable at'any moment to be put in jeopardy, if not annihilated, by a formidable naval power.
The internal improvement ofFlorida, by the construction of roads, canals, etc., is so intimately connected with these, our National defences, that we must believe Congress devoid of the ordinary instinct of self-protection, to doubt that the most effective steps will be taken to accomplish these important National objects. Already have partial appropriations been made, and skilful engineers employed, tp makd surveys, all of which clearly indicate this to be the settled policyof the Federal Government.
Under such auspices, with a virgin soil, a genial climate^ and a wise and paternal government, to develope and foster her resources, Florida may yet promise herself a prosperous and happy future. Although, causes beyond her control, as previously remarked, have retarded her growth and cast a shade over her Territorial fortunesand good name ; and although at the moment of throwing off the degra.ding yoke of vassalage, her difficulties may seem to be appalling; yetwhen calmly viewed, and impartially weighed, by intelligent, patriotic, and honest statesmen, Florida will have nothing to dread.
It is true, a remnant of our savage foe is permitted, to linger m the extreme Southern peninsula, contrary to the wishes of many of our fellow citizens. While we could not for a moment tolerate the idea of their being permanently located on any portion of a -soil which they have-polluted with their horrid barbarities, let us not indulgein a spirit ofhasty crimination, inasmuch, as we have the most satis, factory assurances that their continuance is but temporary, and that a proper degree of vigilance and energy will be exercised, and that ere long every thing we have a right to expect will be accomplished.Were we inclined to do so, of what avail would it be, or on whom should we cast censure 1 on the President of (lie United States* to whom the nation owes a debt of gratitude which posterity will recognize, though now repudiated by political aspirants and rivals 1 on the Cabinet, adorned'by a brilliant gem that, would shed lustre on any administration ? or on the valiant soldier, and accomplished chieftain, now in command, who has won an enviable renown in yourservice, and whose military skill has given security and repose to our defenceless settlements 1 No! all will exclaim. Away, then, with distrustful forebodings, at a moment of general rejoicing, when every bosom should overflow with gratitude and thanks-giving.
In conclusion, I fondly trust that your deliberations will be characterized by reciprocal acts ofkindness and moderation ; and that your labors will redound to the lasting welfare of our citizens. For these ends I desire to unite with you, in fervent supplications to “The Author of every good and perfect gift.”
JOHN BRANCH, iGovernor of Florida,
3
18


Mr. Child offered the following resolution:
Resolved, That the Secretary of the Territory be requested to furnish each member ofthis House with one copy of Duval’s compilation, together with allthe subsequent acts ofthe Legislative Coun
cil : Also, all the acts ofCorigress in relation to the organization of
the Territorial Legislature. Mr. Child offered the following resolution s Resolved, That the Secretary of this House be requested to sub
scribeforfive copiesofeachofthepapers printedinthe cityofTallahassee, for each member ofthis House.
On the question Of the adoption of said resolution, the yeas and nays were called for, by Messrs. Bush and Chapman, and were as follows:
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Bush, Chapman, Child, Haddock, Heir, Ivey, Mays, Philips, Randolph, Speer, and Turner—14.
Nays—Messrs. Brown, Crichton, Cromartie, De la Rua, Ferguson, Goff, Hart, Long, Loring, McClellan, Patterson, Porter, Sanchez, Spencer and WHkison—15.
So the resolution wasrejected. ,
Mr. Brown moved a reconsideration of the above vote, and that the word “ five” be stricken out, and the word “ three” inserted in lieu thereof;
Which motion was carried. So the resolution as amended was adopted.The Speaker presented to the House the following letter:
Tallahassee, January 10th, 1845.
The members of the Legislative Council are respectfully invited to attend Divine Worship, in the Presbyterian Church, on the Sabbaths, during the session ofthe council.
TheSextonat the doorofthechurch, willshewthemseatsappropriated fortheiruse. Inbehalf oftheTrustees, DAVID C. WILSON.
Which was read, and the Secretary required to tender the thanks of the members of this House, in an appropriate manner to the trustees, for their polite invitation.
The House then adjourned until Monday 12 o’clock'.
s
Monday, 13th January, 1845.
The House met pursuant to adjournment, and a quorum being present, the journal of Friday’s proceedings was read, amended and approved.
Mr. Baldwin moved thataJointSelect Committeeoftwofrom each House be appointed, to superintend the expenses ^of the present session, so as to prevent the same from exceeding the appropriation
19


macfo by Congressfortheincidentalexpenses oftheTerritorial Legislature of Florida for the year 1845;
Which was read and adopted.
Messrs. Baldwin and Bush were appointed a Committee on the part of the House. Mr. Loring gave notice of his intention, on somb future day, to ask leave to introduce the following bills, viz: A biE to change the time of holding the Superior Court at St Augustine,for theCountiesofStJohns, Mosquito andSt. Lucie; Abo, A bUl to amend the several acts now in force in regard to summoning jurors.
Mr. Speer gave notice that he would, on some future day, ask leave to introduce a biE to change the name of Mosquito County to that of Orange ; and also to alter the line dividing the Counties of Mosquito and St Lucie, so as more equaUy to divide the said Counties, and for the convenience of a number of the inhabitants residingtherein.
Mr. Mays gave notice that he would, on some future day, ask leave to introduce a bill in relation to the sale of the Equity of Redemption under Executions at Common law.
Mr. Randolph gave notice that he would, on some future day, ask leaveto introduceabill’topermit Mr.Nelson Gray to practise lawin the Courts in this Territory.
Mr. Heir gave notice that he would, on a future day, ask leave to introduce a bill calling upon Congress for an appropriation to build a Bridge and Cross-Way over the OscEla River, at the Flat Ford. „
Mr. Heir moved that a Committee of three members of this House be appointed, to inform the Senate of the demise of our brother member from Benton County, and to present to that Honorable body a copy of the Preamble and Resolutions passed by this House.
Which motion prevailed, and Messrs. Heir, McCleEan and Chapman were appointed said Committee. • »
Mr. Heir moved that so much of the Governor’s Message and accompanying documents, as refers to the Judiciary, be referred to the Judiciary Committee;
Which motion prevailed.
Mr. Taylor moved that so much of the Governor’s Message as re
lates to the MEitia, be referred to the Committee on the Militia;
Which motion prevailed.
Mr. De la Rua moved that so much of the Governor’s message as
appertains to the business of the different Standing Committees, be
referred to them respectively;
Which motion was refused.
Mr. Spencer moved that so much of the Governor’s message as re
lates to Corporations, be referred to the Committee on Corporations;
Which motion prevailed.
Mr. Mays moved that so much of the Governor’s Message as re
lates to State Government, be referred to the Committee on the State
ofthe Territory;
Which motion prevailed.
20
20'

Air. Baldwin moved that so much of the Governor’s Message as
telates to the Auditor and Treasurer, be referred to the Committee
on Finance and Public Accounts; And so much as relates to Semina
ry Lands, be refetred to the Committee on'Schools and Colleges;
Which motion pi evaded,
Mr, Loring presented the petition of Ann Sea Greaves, praying a divorce from her husband, William Sea Greaves, ofSt. Augustine •, Which was read, and referred to the Committee on the Judiciary. Mr. Spencer presented a memorial of the ship-masters trading in
the Port ofApalachicola, praying certain alterations in the laws re
specting Pilotage for that Port;
Which was read, and the same referred to a select committee, con
sisting of Messrs. Spencer, Baldwin, Pattersqn, Speer and Philips.
Mr. Spencer also presented a petition from sundry Merchants of
the city ofApalachicola, praying a repeal or modification of the law
now in force, relating to retailers of Spirituous Liquors, so that the
same may be in force only on such as retail by the pint or glass ;
Which was read, and referred to the Committee on the Judiciary.
The Speaker presented a petition from the Pastor of the Catholic Church of St. Augustine, asking aid in the execution of his labor, in the education ofthe youth ofhis charge, and praying that the Legislatire Council would ask from Congress, as an appropriation, a vacant Lot adjoining the school-house, which he now occupies in St, Augustine, for the purpose of a ground for recreation for his scholars;
Which was read, and leferred to the Committee on Schools and Colleges. Mr. McClellan, from the Committee on Elections, made the following report: <
The Committee on Elections, to whom were referred the Certificates ofthe Clerksof the County Courts, as to the election ofMembers ofthe Legislative Council,
REPORT
That they have examined the law on the subject, and find but one definite requirement as to the form of the Certificate to be furnished each Member elect, and in comparing the Certificates with the law, they find twelve in Conformity noth that provision, and twelve without that conformity. Your committee herewith return to the House all the Certificates referred to them, where the right to seats is not Contested, and recommend the adoption ofthe following resolution.
All ofwhich is most respectfully submitted, by
geo. e. McClellan,
Chairman Committee on Elections.
Resolved, That each Member of this House, whose seat is not contested, be considered as having a legal Certificate, and just right to his seat, until such fact be disproved.
Which-report was concurred in, and the resolution adopted.
There being no further business before the House,
Adjourned until to-morrow, 10 o’clock.
21


Tuesday, 14th January, 1845,
The House met pursuant to adjournment, and a quorum being prev sent, the Journal of yesterday’s proceedings was read,
Mr. Heir moved to rpconstder the vote taken on yesterday, referring so mUeh of the Governor’s message aa relates to the subject of State Government to the committee on the state of the Territory ; and that the same be referred to a select committee of seven on the part of the House, to co-operate with a similar committee on the part of the Senate, in the consideration of said subj'ect, and report as soon as practicable the most proper course by which to secure to the citizens of Florida a State form of Government.
Which mo'Jon prevailed, and Messrs. Heir, Spencer, Long, Allison, Brown, Philips and McClelland were appointed a committee on the part of the House. Mr. Heir gave notice that he would, on some future day, ask leave to introduce a bill to be" entitled, An act to authorize Malinda Folsom, Administratrix of Bryan Folsom, deceased, late of Jefferson County, to sell certain real estate situate in said County.Mr. Allison gave notice that he will, on some future day, ask leave to introduce a bill to regulate the fees and commissions of publicofficers. Mr. Speer gave notice that he would, on some future day, ask leave to introduce a bill to permit the Clerk of the County of Mosquito to keep the County Books at his home for convenience, until such time as the County may be able to build an office or Court House for said purpose.Mr. Walker gave notice of his intention, on a future day, to ask leave to introduce a bill to fix more permanently the County site of Wakulla County.Mr. Long gave notice that he would ask leave, on some future * day, to introduce a bill to regulate the manner of holding elections for the different officers in the Terntory of Florida. The following communication was received from the Secretary of Florida:
Secretary's Office, }
January 13th, 1845. $ Hon. W. A. FobwaeB,
Speaker of the House of Representatives :
Sir .—As requested by a Resolution of the House, adopted on Friday last, I herewith transmit for the use of each member, one copy of DuVal’s Compilation, and copies of the Acts of 1840 and 1843.'
Having understood, since the commencement of the session, thajtthe Counties of Monroe and Dade had not received their quota ofthe Acts of 1844, it is necessary that a sufficient number of copies be retained by me for the use of those Counties, and I am, therefore, unable to furnish the House with more than fifteen copies.
The number furnished the Legislative Council at its two last ses
22


sions, has exhausted all the copies ofthe Acts of 1841 and 1842, originally retained in my office. I hare had bound, however, for the use of the House, in one volume, which I now send, the Acts of 1840, ’41, ’42, ’43, and ’44, together with the Acts of Congress relative to Florida. A similar volume has been retained in my office, which will, at any time, be furnished for the use of any member, having occasion to refer to the same.
In addition to the copy bound in the first mentioned volume, I canonlyfurnish,atthistime, 3copiesofthe ActsofCongressrelativeto Florida, printed under a Resolution of the Council, passed in March, 1843. After supplying the members of the last Council with said work, a few copies only were left in my office. The printing of the whole number required by said Resolution, has not-been completedby Mr. Bartlett, (with whom the contract was made,) owing to the fact that Congress made no provision for his payment. To supplythe want of this publication, I send to each member a copy of the Acts of Congress relating to Florida, passed pnor to 1838, and will furnish, during the morning, as many of the subsequent Acts as my office affords. Very respectfully,
Your obedient serv’t.,
THO. H. DUVAL,
Secretary of Florida.
Which was read. The Speaker presented to the House the following invitation: Tuesday Morning, 14th January, 1845.
The undersigned, a committee of the Grand Lodge of Florida, are instructed to announce to the Honorable the members of the House of Representatives, that the ceremony of Installation of the Grand Lodge of Florida will be publicly performed at the Presbyterian Church, at11 o’clock,A.M.,onto-morrow, andrespectfully to invite them to be present on the occasion.
, (Signed) ' R. W. WHITE, ) Committee H. R. TAYLOR, > of
WTiich was read.. A. J. FISHER, y Invitation.

Mr. Bush offered the following preamble and resolutions, viz:
Wheeeas, In pursuance of an act of the Legislative Council of the Territory of Florida, entitled, an act to call a Convention for the purpose of organizing a State Government, passed 3d January, 1838, and approved February 2d of the same year, the several Delegates;elected by the people from the different Counties of the Territory, did assemble at St. Joseph’s, according to the provisions of said act, on Monday, the 3d day of December, 1838, for the purpose of devisingand adopting the most efficient and proper measures for the formation and establishment of an independent State Government for the people of Florida, and to form add adopt a bdl of rights and Constitution for the same, and all needful measures preparatory for the admission of Florida into the National Confederacy: And whereas, the intention of the Legislative Council, and the wishes of the people, were carried out and complied with by said Convention in the formation
â– 23
and
adoption of a Constitution, which, in order to test more fully the sentiments of the people of Florida on the subject of State Government, was submitted to them in the year 1839 ; And whereas, said ratification was confirmed by a majority of the legally qualified voters of this Territory, we conceive it highly necessary, expedient and wise to throw off our Territorial vassalage and assume an independent State Government, not only from motives of policy, but from the repeated declaration of the will of the people on this subject; and, in order to do sq, an early application was made to the Congress of the United States for the admission of Florida into the Union as a sovereign and independent State, which has been heretofore neglected by Congress.
Be it therefore Resolved by the Governor and Legislative Council of the Territory of Florida, That our Delegate in Congress be requested to again submit it, the Constitution adopted at St. Joseph, and subsequently ratified by the people of Florida, to the Congress ofthe United States, and' to urge upon that body its reception, and our desire to he admitted into the National Confederacy as an independent State, at an early period of the present session.
Resolved secondly, That a copy of this preamble and resolutions be forwarded to the Hon. David Levy, properly certified by both Houses. "'
Which was read the first time, the rule waived, read a second time, and referred to the select committee, appointed ^on the part of the House this morning, to whom the subject of State Government was referred.
Mr. Allison asked that the rule be waived to permit him to present a memorial from sundry inhabitants of Gadsden County, praying for the passage of an act of the Legislative Council authorising the construction of a Free Bridge over the pdocknee River, at or near the place known as Larkins’ Bridge.
Which motion prevailed, the rule waived, the memorial read,
and referred to a select committee to consist ofMessrs. Allison, Ran
dolph and Ivey.
Mr. Bush gave notice (the rule having been waived therefor) that
he would, on a future day, ask leave to introduce the following bills,
viz:
An act to amend “ an act relating to crimes and misdemeanors Also, an act for the protection of Administrators, Executors and Guardians. Mr. McClellan, from the Committee on Elections, made the following report:
The Committee on Elections, to whom were referred the claims
ofthe members elect from St. Lucie and Marion Counties to seats in
this Legisihtive Council,
REPORT:
That they have examined the laws of Congress on the subject, and .have arrived at the following conclusion:—That the act approved
24


June 18th, 1834, clearly provides that each and every County shall
â– have
one Representative. Therefore the 9th section of“ An Act of the Legislative Council, organizing a County to be called St. Lucie County, approved March 14th, 1844,” was contrary to the true intent and meaning of the organic Jaw already alluded to, and there, fore was null and void from its passage. This opinion is greatlystrengthened by an act of Congress, approved June 15, 1844; pro.viding that the Legislative Couneil shall have no power to increase the number of Representatives, thereby admitting that prior to the passage of that law it had the right. Your Committee are therefore of opinion that, under a just construction of the Organic law, the Counties of St. Lucie and Marion are entitled to one Representative each: and that according to the certificates referred to them, Ossian

B.
Hart, Esq., is duly elected from St. Lucie County, and James Child, Esq., having received the greatest number of votes in Marion County, and no proof being offered to show any of them illegal,

â– (though
Mr. Branch has the Clerk’s certificate ofelection,) we con


sider Mr. Child duly elected the Representative ofsaid County.All of which is most respectfully submitted by
geo. e. McClellan,
â– Chairman Committee on Elections.
-Which was read.
Mr. Brown moved to lay the report on the table.
Which motion was refused.
On the question of concurring in the report, the ayes and noes were called for by Messrs. Brown and Bush, and were as follows:
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Crichton, Goff Haddock, Heir, Ivey, Loring, McClellan, Philips, Speer, Spencer. Taylor, Turner, Walker $ind Wilkison—17.
Nays—Messrs. Brown. Bush, Chapman, Cromartie, De la Rua, Long, Mays, Patterson and Randolph—9.
So the report was concurred in.
Mr. McClellan, from the Committee on Elections, made the fol
lowing report: The Committee on Elections to whom was referred the claims of James A. Goff, and Wm. H. Shaw, Esqrs. to a seat in this House,
REPORT:
That they have carefully examined all the documents presented to them, and they regret to be compelled to state, that it is .clearlyshown that frauds were practised in three of the precincts in Hillsborough County. At Manatee, six illegal votes were polled, at Tampa three, and at Simmons’ Hammock one vote was takfen from the ballot box, contrary to law. In no instance has it been proven to whom, or for which candidate these votes were given. Your committee, therefore, are not able with such complex testimony, to ascertain whichofthese candidates are justlyentitled toa seatinthis House ; they, therefore, return to this House all the papers referred
25


lo them, and ask to be discharged from the further consideration of the subject.All of which is most respectfully submitted. GEO. E. McCLEELAN,
Chairman Committee on Elections.
Which was read and concurred in.
The House adjourned until Thursday, 10 o’clock.
Thursday, 16th January, 1845.
The House met pursuant to adjournment, and a quorum being
present, the Journal of Tuesday’s proceedings was read. . Mr. Baldwin moved to amend the journal of Tuesday’s proceed, tags, by inserting the name ofone of the Representatives from South Florida on the Committee on the part of the Hotfse, to whom wa.s referred so much of the Governor’s Message as relates to State Government ;
Which motion prevailed, and Mr. Baldwin was placed on said Committee in the place of Mr. Allison.
Mr. Baldwin gave notice that he would, on some future day, ask leave to introduce a bill to establish and regulate pilotage on the waters and in the harbors of Dade County.
Mr. Wilkison gave notice that he would, on a future day, ask
leave to introduce a bill to be entitled, An Act to authorize Jesse
Donaldson to keep a ferry across Yellow river, in Santa Rosa county.
Also, a bill to be entitled, An Act to afithorize George W. Thomp
son to keep a ferry across Escambia Bay.
Mr. Hart gave notice that, on some future day, he would ask leave
to introduce a bill to regulate Pilotage on Indian River and Jupiter
Bars.
Mr. Bush presented a certificate of R. K. Call, late Governor of
Florida, in favor ofE.A. Ware, publisherofanewspaper printedin
Apalachicola, for one hundred and twenty-five dollars, for publishing
thelaws oftheTerritory insaidpaper in 1843,byvirtueofaResolu
tion ofthig Council, passed and approved the 13th March, 1843, di
recting the laws to be published in said paper, the payment ofwhich
had been refused-by the Department at Washington. Afeo, several
letters on the same subject;
Which were received, and referred to the Committee^ of Finance
and Public Accounts.
Mr. Hart offered the following Preamble and Resolutions, viz:
Whereas, byreference to the various MapsofFlorida, itisfound
thattheheadwaters ofIndian RiveT, andofthe River St.Johns,are
laid down as approaching very near to each other ; And whereas,
this information is confirmed by the opinions of those who have tra
velled in, and are acquainted with, that; section of country: And
whereas, itis,forthesereasons, confidently believedthataCanal,six
4
26


or seven miles in length, might be made to connect the navigable waters ofthe two said Rivers :
And whereas, the opening of sueh a Canal, would be of great importance to that portion of this Territory through which those two Rivers flow, inasmuch as it would open an inland communication, with a vast extent of country in Florida, with the cities of Savannah and Charleston, which they do not now possess, and would have a tendency to increase very rapidly the population of the Southern partof Florida, and consequently add vastly to its importance and prosperity, increasing, at the same time, the value of all the lands in that section ofcountry—
Therefore, be it resolved by the Governor and Legislative Council ofthe Temtory of Florida, That our Delegate in Congress be requested to use his best efforts to obtain an appropriation from Congress, for a survey of that portion of country lying between the head waters ofIndianRiver,andthe RiverSt.Johns,with aviewtothe opening ofaCanal, toconnectthetwo Rivers.
And be Ufurther resolved, That as soon as this preamble and res
olutions shall have passed both Houses, and been approved by the Governor, a copy thereof; duly authenticated by the proper officers, be forwarded to our Delegate in Congress.
Which were read the first time, the rule waived, read a second and
third time, and adopted.Ordered, that the same be certified to the Senate. Mr. Ferguson moved the House for leave to record his vote on
thequestion ofconcurringinthereportoftheChairman ofthe Committee on Elections, upon which the ayes and noes were called, and recorded in the minutes of Tuesday last;
Which motion was received, leave granted, and Mr. Ferguson recorded his vote among the nays.
Mr. Walker moved that the Report of the Chairman of the Committee on Elections, to whom were referred the claims of James A. Goffand William H. Shaw, Esquires, to a seat in this House, as the member elect from Hillsborough county, be taken up;
Which motion prevailed.
The House, on motion of Mr. Walker, resolved itself into Committee of-the Whole, Mr. Ferguson in the Chair, on said report, and after some time spent in the consideration of the same, the Committee rose, and by their Chairman reported progress, and asked leave to sit again;
Which report was concurred in.
The Senate transmitted to the House a Resolution adopte.d by that body on the subject of a State Government, in which they had appointed Messrs. Anderson, Putman, Gilchrist, Pent, Moseley, Kellyand Hart, a Committee on the part of the Senate;
Which was read, and the Secretary directed to inform the Senate that this House had appointed on their part, Messrs. Heir, Spencer,Long, Baldwin,.Brown, Philips and McClellan, as a Committee to act in conjunction with the Committee of the Senate on said subject.
The Senate returned a resolution adopted by the House, appoint
27


ing a Joint Committee to superintend the expenditures of the present
session, and informed the House that Messrs. Baltzell and Gilchrist
had been appointed a Committee on the part of the Senate.
The House, in Committee ofthe Whole, resumed the consideration
of the Report of the .Committee on Elections. After some time the
Committee rose, reported progress, and asked leave to sit again;
Which report was concurred in. The Senate transmitted to the House the following Resolution: Resolved by the Senate and House of Representatives, That a Joint
Committee, consisting of three on the part of the Senate, and four on
the part of the House, be raised for the purpose of reporting joint
rules for the government of both branches of this Legislative Council
during the present session.
Messrs. Baltzell, Long and Carter, compose the Committee on the part of the Senate. Which was adopted, and Messrs. Brown, Heir, Chapman and McClellan, appointedaCommittee on thepartoftheHouse. On motion, the House adjourned until to-morrow, 10 o’clock.
Fhidav, 17th January, 1845.
The House met pursuant to adjournment, and a quorum being
present, the Journal of yesterday’s proceedings was read, and on
motion of Mr. McClellan, altered and confirmed.
Mr. Bush, pursuant to previous notice given, introduced a bill to be entitled, An Act fbrthe Protection of the Rights of Females;
Which was‘ read the first time, the rule waived, read the second time, and referred to a Select Committee, consisting of Messrs. Bush, Speer and Mays.
Mr. Walker, according to notice previously given, introduced a bill entitled, An Act to fix permanently the Gounty seat for Wakulla County;
Which was read the first time, the rule waived, read a second time, and referred to a Select Committee, to consist of Messrs, Heir, Brown and Chapman. '
Mr. Wilkison, according to previous notice, obtained leave to introduce a bill to be entitled, An Act to establish a ferry across Yellow River, in Santa Rosa County;
Which was read the first time, and ordered for to-morrow.
Mr. Hart offered the following Preamble and Resolutions, viz:
Whereas, That vast extent of country watered .by Indian River and its tributary streams, is growing rapidly in importance as-it becomes known, and its many natural advantages being more and more developed. And whereas, a large settlement, composed of many intelligent and enterprising individuals, anxious to improve a country already blest by Providence, has, withinthe last three years, been formed upon Indian River and St, Lucie Sound, and iB rapidly
28


increasing, and as a necessary consequence, vesselsare frequentlybrought along the Coast and into Indian River: And wliereas, a long and dangerous' coast intervenes between St Augustine, the nearest Light House North, and Cape Florida, the nearest LightHouse South,adistanceofabouttwo hundredmiles—consequentlyit is considered a hazardous undertaking for vessels to approach the coast, and the inhabitants of the country are compelled to pay exor. bitant prices to masters oi vessels to induce them to come there: And whereas, it ia at present difficult for mariners to find Indian River Bar, on account ofthe peculiar similarity ofthe coast in that latitude, and there being no visible mark by which to distinguish it; And whereas,,t\m construction of a Light House at Indian River Bar would remedy all these evils, and serve as a land mark of safety to all unfortunate mariners, who by the dangers of the sea might be
cast upon the coast, and would be of great and almost inestimable importance to all that portion of country above alluded to, m manyother respects than those enumerated here:
Therefore he it Resolved hy the Governor and Legislative Council of the Territory of Florida, That our Delegate*in Congress be, and he is hereby requested to use his best exertions to procure an appro,priation from Congress for the construction of a Light’ House at Indian River Bar.
And he it further Resolved, That as soon as this Preamble and Resolutions shall have passed both Houses, and. been approved bythe Governor, a duly authenticated copy thereof be forwarded to our Delegate in Congress. , Which was read the first time, the rule waived, read the second and third time, and adopted.
Ordered that the same be certified to the Senate. Mr. Ferguson, from the Committee on the Judiciary, made the following Report: The Judiciary Committee, to which was referred the petition of Ann Seagreaves, praying for a divorce from William Seagreaves,
REPORT:'
Thatthey have had the same under consideration, and being fullyimpressed with the inexpediency of legislative action in complaintsof-this nature, whieh belong appropriately to the Judicial tribunals, which are invested with full authority in such cases, they recommend that the prayer of the said petitioner be not granted.
I. FERGUSON, Chairman. Whieh was read.,Mr, Heir moved to strike out from the report the word “ not,” so
as to make it read—They recommend that the prayer of the said petitioner be granted.Objections beingmade tothemotionofMr. Heir, theSpeaker deckedthe same in order.
Mr. Ferguson appealed from the decision of the Chair, and the ayesandnoes being called onthe samebyMessrs. BrownandChild, were as follows:
29
,
' Yeas—Messrs. Brown, Chapman, Cromartie, Goff, Haddock, Hart, Heir, Ivey,.Lorlng, Mays, McClellan, Patterson, Philips,Por
ter, Speer, Spencer, Taylor, Walker, Wilkison—19.
Nays—Messrs. Baldwin, Bush, Child, De la Rua, Ferguson, Long,Sanchez and Turner—8.
So the decision of the Chair was sustained by the House.
Mr. McClellan moved that the report be laid on the table;
Which motion prevailed.'
Mr. Heir, from the Joint Select Committee, presented the following Report;
The Joint Select Committee of the Senate and House of Representatives, to which was referred so much of the Governor’s Message as relates to State Government, with instructions to report with as little delay as possible, the course proper to be pursued to
obtain a speedy admission into the Union,
REPORT:
That they cordially concur with the Governor in the sentiments expressed in his message on this important subject.
The people of Florida have a right to demand at the hands of the national Government the fulfilment of the pledge of the Treaty of Cession, which has already been too, long postponed, for the honor of the United States, and for the interests of the Territory.
The people of Florida have again and again asserted in various Ways their claims under the treaty, to be incorporated-into the Union of the United States as soon as possible, according to the principles of the Federal Constitution.
As early as 1834, we find upon journals of the Legislative Council, that the people of Florida had become alive to the inestimable privileges which had been secured to them, and that measures were then proposed to take the initiatory steps necessary to the solemn assumption of our guaranteed rights.
In 1838, the Constitutional Convention was convened atSt. Joseph,charged with the^high duty of carrying into effect the mandate of the people of Florida in their sovereign capacity—to form a constitution for the government of the new State, and to present to the Congress of the United States an application for admission into the great confederacy.
The labors of that Convention resulted in the formation of a cott
stitution, of which it is sufficient to say, that it subsequently met
with the. approval of the people of Florida, with whom alone rests
the prerogative to judge whether or not its provisions are adapted
to the protection of their rights and to the promotion-of their in
terests.
The application was forthwith made, and we asked for admission
into the Union, not as a boon, but as a sacred right, secured to us
by the highest of all national sanctions, acknowledging the right
in the Congress of the United States to enquire whether our con
stitution was republican in jts form, and consistent with the prinoi
30


pies of the'federal constitution. .Th'at right we still concede, but we owe it to ourselves to insist, that the enquiry be restricted to those limits.
With this concession, we asked of a-government of freemen, to be permitted to cast off the bonds of vassalage with which we were fettered, and to assume the position which was our birthright,.but we were met with'neglect and indifference.
We demanded of the nation, which by. solemn compact with the former sovereign of Florida had guaranteed to its inhabitants, an admission into the Union as soon as possible a redemption of its pledge, and six years have passed away without our having been favored with the cold charity of a hearing.
In 1842, the public mind was again awakened in relation to this important subject, and manifestations were made, of a wish to reassemble the St Joseph Convention, under a resolution of that body,which provided for its re-assembling in the event of our rejection by Congress. Twenty-eight of the members of that Convention signed a request^to the Committee authorised to convene it, but the call was not made. Reliance upon the justice of Congress was not yet exhausted, and it was hoped that our guaranteed rights would yet be awarded to us, by the Federal Government. The measure was postponed, and the evils of our Territorial condition, were yetlonger borne in patience and in hope.
It is true, that some years after our first application for admission into the.Union, the sufferings grooving out of the. Indian war, to which we were exposed, prompted the Legislative Council, to ask of Congress to postpone the consideration of our application under the impression, doubtless, that our resources, impaired and embarrassed as they were, would be inadequate to the support of a State Government, This movement, however doubtful it may be, whether it should have operated upon Congress, in contravention of the expressed will of the people of Florida in their sovereign capacity, wp are willing to believe 'has contributed, in part, to, the neglect whichithasbeenourhumiliatingfate tohavesuffered attheirhands. But those causes which for a time fettered our energies and dried up our resources, have happily passed away, and Florida is emerging from the difficulties and trials which she has so long enduretj,and is now ready to receive into her own keeping, that precious legacy of freedom and self-government, which w-is entrusted to the United States, in the solemn confidence that it would not be withheld pr denied upon vain an(d unfounded pretences. The Committee would, however, state, that atnearly every session of the Territorial Legislature, since 1838, measures have been adopted, to carry out the wishes of the people on this subject. Reports, resolutions and memorials, have been repeatedly transmitted to Congress, but they have hitherto received onlyheglect and inattention.
Your Committee do not deem it to be within their province, to urge upop this body, or upon the people of Florida, apy considerations to excite them jn the pursuit of the right of self-government. The people have already spoken upon this subject, in a voice which
31


cannot be •misunderstood. -Born to the heritage of liberty, thqy have endured the evils of Territorial dependence, till those evils have become intolerable, and they haye been driven to the assertion of their inalienable right to self-government, and to appeal at once to” the sympathies and the sense of justice of their countrymen, for the vindication and acknowledgment of that right.
Florida asks nothing of the Congress of the United States inconsistent with the principles of that Constitution, under the shadow of which she seeks to place her future destiny. She asks but to share that common inheritance which .was purchased by the blood of our common ancestry. She asks for freedom—for the privilegeof self-government and of self-support—for the privilege of pursuingher own ends in her own way.
She seeks admission upon terms of equality into the common brotherhood, prepared t8 share the common burdens, to participatein the common struggles, to partake the common triumphs, to bear the common sufferings.
And while she thus asks in the spirit of kindness -and respect,to be received into the Union, she knoys that she is asking what she has a right to demand.
* * The King of Spain, the former Sovereigrt of this Territory, in, transferring this country and its inhabitants to the United States was so solicitous of the future well being of his then subjects, that in the very act by which-he transferred us, he imposed upon the United States, a sacred obligation to admit us with as little delay as possible, into the Union of the States ; and‘the United States hy accepting us, acknowledged that obligation, and in the presence of God and man, solemnly pledged themselves to its fulfilment. Your committee will not permit themselves to apprehend that the provision so anxiously made by the King of Spam, for the future libertyof his subjects, will be thwarted and, evaded by the representatives of the people of the United States. It cannot be, that the tribute which was thus paid by the •Monarch to the spirit of liberty, will be trampled under foot, and desecrated by the freest people in the world-. There are, at>his period, other considerations added to those which have heretofore operated upon the people of Florida, in inducingthem to assert their rights under the Treaty of Cession. The Territory of Iowa has formed a constitution, and applied for admission into the Union, at the present session of Congress. To her demand it is presumed that no objection will be made, and it is probablethat she will soon add her strength to the non-slave holding States, in the councils of the nation ; and if Florida is .excluded, she will thus destroy the equilibrium which now happily exists in the higher branch of the national Legislature; The disposition of some of the noriislaverholding states, to encroach upon the fights and interests of the South, has been too often and too boldly, exhibited for us to be longer insensible to the danger of destroying this balance of power. • We owe it to ourselves, we owe it to the,South, we owe it to the country, (for wrong and iiijustice to the South, is danger to
32


the whole,) no longer to falter or to hesitate in the assertion, of our rights.
Were the blessings of self-government less desirable, and the evils of Territorial vassalage more tolerable than they are, still, a regard to the common good—to the maintenance of the rights of that section of the Union with whose destiny for weal or woe our own is indissolubly connected, should prompt us to make some sacrifices, to secure the common safety. But, desirous as we longhave been, to be admitted to the enjoyment of our rights as freemen, the considerations to which we have adverted, should add new ardor to our zeal, and give additional emphasis to otir application for admission.
The Committee believe that the time has now arrived for fixed and definite action. The great blessings of self-government for which we have asked, and which have been so long withheld, are too precious to be surrendered with indifference; are too clearly our right for us to submit to their denial', without remonstrance.
Longer acquiescence in the wrong and injustice to which we have hitherto submitted, would bring upon us the contempt {of the nation, and the loss of our own self-respect, without which, no peo: pie are fitted for the enjoyment of freedom.
Your .Committee are satisfied that a very large majority of the people of Florida are anxious'for immediate admission into the Union, asa State, underthe St.Joseph.constitution, andwiththeview of carrying those wishes into effect, the Committee have prepared and recommend to the consideration of the Senate and House of Representatives—
First—A joint memorial to the Congress of the United States for the admission of Florida as a State, at the present session of Congress ;
Second—Joint resolutions and a preamble on the same subject, which, if adopted, are to be transmitted to our Delegate in Congress. WALKER ANDERSON,
Chairman of the Committee on the part of the Senate.
THOS. JEFF. HEIR,
Chairman ofthe Committee on the part of the House.
The Report, with the following Memorial, and Preamble and Resolutions reported, were read:
MEMORIAL.
To the Senate and, House of Representatives ‘ of the United States, in Congress assembled:
The Memorial of the Senate and House of Representatives of the Territory of Florida, in behalf of the people of said-Territory, respectfully showeth:
That the people ofFloridahaveheretofore, atvarious timesand in
Various modes, expressed their anxious desire to take upon themselves
33


the privilege# and responsibilities ofa free people, and to be admitted into the National Union as a Sovereign State.
, For many years they were content to postpone the exercise of the inalienable right of self-government, secure in the confident hopethat, under the Treaty of Cession, that right was guaranteed to them by such solemn sanctions that it could not be withheld from them when they should deem it expedient to require it at the hands of those in whose keeping it had been deposited. ■ The difficulties and embarrassments incident to their position as a frontier country, lately acquired from a foreign power, and occupied, to a great extent, by the Indians, and subsequently fh’e war which was provoked with those Indians, through no agency of the people, of Florida, nor for their peculiar benefit, though they were the sole sufferers from its calamities—all these causes contributed to induce the people of Florida to submit themselves, contentedly, to the government ofa kindred people, the principles of which they regarded as the best security, that the rights, which were never relinquished, would be accorded, when required by them. .The people qf Florida would not be worthy of the destinytowhich theyare nowanxiously looking,iftheyhad endured this long privation of all that is dear fo firemen, without aspirations after a higher and freer condition. Though the Government under which they lived was paternal, and, they may add with gratitude, was beneficent in the care which was extended to our infant condition ; yet no true American could forget that the relation in which the people of Florida stood to that Government, was not that of freemen. Their Executive and Judicial officers were appointed by the General Government, and no law which the people of Florida adopted for themselvesj through the Legislative Representatives which that Government permitted themto have, was of any validity without thepermission of the Congress of the United States.
The memhrialists, then, owe it to the character of the people of Florida to show to your honorable bodies, by reference fo the past acts ofthepeopleandtheirrepresentatives, thatthey havenot, while in the enjoyment of the parental care of the United States, forgottenthe highprivileges which belongtothem, norbeen unmindful orheedless of the duties which those privileges imposed—duties‘which they awenotless tothe Governmentofthe United States than tothemselves. In 1834, the Legislative Council first took action on the subject of a State Government, the proceedings in relation to which, are to be found at pages 106 and 109 of the journals of that year.
In 1837, an act was passed, entitled, “ An act to take the sense of the peqple of this Territory on the policy and propiiety of becoming a State,” a copy of which act is to be found in the journals of that year.
The proclamation of the Governor, showing that the popular vote,
under this law, exhibited in an aggregate yote of 3485, a majority of more than one thousand, is respectfully referred to. In 1838, the Legislative Council again .took action on this subject, in affirmation •of the popular will,, and reference is respectfully made to the proceedings in thejournal of that year. In compliance with alaw enacted
34
84
for that purpose, elections were held in every-County in the Territory, in October 1838, for Delegates tothe Constitutional Convention.
In December, of the same year, that Convention assembled at St. Joseph, and adopted a Constitution in behalf of the people of Florida, to which and to the journals of the Convention, reference is respectfully made. Under an order of the Convention, a memorial was transmitted to Congress in behalf of the people of Florida, demanding admission as a State, which was read in the House of Representatives on February 20th, 1839, laid on the table, and ordered to be printed. It will be found in Document 208, of the House of Representatives U. S., 3d session, 25th Congress. In May, 1839, the Constitution, formed at St. Joseph, was submitted to the people, and was accepted and ratified by them, as appears from the proclamation of the President of the Convention, and the official statement of the votes hereto annexed. In 1840 and 1841, proceedings were again had in the Legislative Council, with a view ofurging upon the notice of Congress, our application for admission, which proceedings, with the reports of committees, will be found in the journals of those years.— In 1842, a requisition wasmade upon a special committee, appointedby the St. Joseph Conversion, by more than pne-third of the members of that Convention, to re-assemble the Convention under a resolution of that body, which provided for its re-assembling, in the event of our rejection by Congress. The call was, however, not made bythe committee; a copy is annexed hereto. Ail these documents, with the exception of the one last mentioned, have been heretofore laid before Congress, besides many memorials from the people in their primary assemblies. It will be thus seen that it is no fault Of the people of Florida that the National Government have not been ere this relieved of the burden of maintaining the Territorial institution, and that they have not shown themselves unworthy of the blessingsof a free government, by a contented submission to the condition of dependence and vassalage, which it has been their lot to endure.— The appeals to Congress for the acknowledgment of our rights, so Urgently and so repeatedly made, have not heretofore been effective. Our prayers and memorials have hitherto scarcely elicited notice, and
no action whatever has resulted from them.
Once more the people ofFlorida, throughtheir representatives, present their claim for admission into the Union of the States, at the present session of Congress.
They will pot permit themselves to believe that your honorable bodies will disallow the force of the treaty obligations, by which the United States as a part of the consideration by which they acquired the dominion of this Territory, solemnly undertook to admit the people of Florida into the Union as soon as possible, consistent with the principles of the Federal Canstitution. They will not fear that the representatives of the people of the United States will doom to an indefinite exclusion from the blessings of self-government a kindred people, taught by their example to value liberty as the highest earthly good, nor by continued wrong and injustice try too severely the forbearance and long suffering of those who have been brought up in
35


that school in which it is taught that the right of Belf-government is inalienable and indestructible.
PREAMBLE AND RESOLUTIONS.
Whereas, in pursuance of an act of the Legislative Council of the Territory of Florida, entitled, An Act to caU a Convention for the purpose of organizing a State Government, passed 3d January,1838, and approved Feb. 2d, of the same year, the several Delegates elected hy the people from the different Counties of the Territory,did assemble at St. Joseph, according to the provisions of said act, on Monday, the 3d day of December, 1838; for the purpose of devisingand adopting the most efficient and proper measures for the formation and establishment of an independent State Government for the people of Florida, and to form and adopt a bill of Rights aifd Constitution for the same, and all needful measures preparatory for the admission of Florida into the National Confederacy: And whereas, the intention of the Legislative Council, and the wishes of the people, were carried out and complied with by said Convention, in the formation and adoption of a Constitution, which, in order to test more folly the sentiments of the people of Florida on the subject of State Government, was submitted to them in the year 1839: And whereas, said Constitution was confirmed by a majority of the legally qualified voters of this Territory: Ajid whereas, the application of the Territory of Iowa for admission into fhqjUnion at the present session, renders it a duty which the people of Florida owe to the whole South, as well as to themselves, >to urge their right to admission without further delay. We therefore conceive it necessary, expedient, and wise, to throw offour Territorial vassalage, and assume an independent State Government, not only from motives of policy, but from the repeated declarations of‘the will of the people on this subject. And in order to do so, that an early application should be made to the Congress of the United States for the admission of Florida into the Union as a sovereign'and independent State:
1.
Be it therefore Resolved by the Governor and Legislative Coun-. oil ofthe Territory of Florida, That'our Delegate in Congress be requested to submit again the Constitution adopted at St. Joseph, and subsequently ratified by the people of Florida, to the Congress of the United States, and to urge upon that body its reception, and the desire ofthepeopleofFloridatobeadmitted intothe National Confederacy as an independent State, at an early period of the present session.

2.
Resolved, secondly, That a copy of this Preamble and Resolutions be forwarded to the Hon. David Levy, properlycertified by both Houses.


STATE OF FLORIDA.
Whereas, the People of Florida assembled in Convention at thecityofSaintJoseph,onMonday, the thirddayofDecember, A
D. 1838, ‘ to devise and adopt the most efficient, speedy, and proper
%
36


measuresfortheformation and,establishment qfanIndependent State Government, forthe People ofFlorida, andtoformandadoptaBid. ofRights, anda Constitutionforthesame, andneedfulmeasures, preparatory to the admission of Florida into the National Confederacy,’
in pursuance of an Act of the Governor and Legislative Council of the Territory of Florida, approved February 2d, 1838, did form, and on the 11th day of January, 1839, did adopt a Bill of Rights, and a ‘ Constitution orformofGovernmentforthePeople ofFloridaAnd whereas, in pursuance ofthe5thsectionofArticle XVII ofsaidConstitution, designated "therein the ‘ Schedule and Ordnance,’ said Constitution was submitted to the People for ratification, at the election for Delegate onthefirstMondayofMay, 1839,andwas dulyratified bya majority ofthe votes ofthe People, and proclamation was dulymade ofsuch ratification, according to the provisions ofsaid Constitution : And whereas, the People of Florida, assembled in Convenvention as aforesaid, respectfully memorialized the Congress of the United States for admission as a free, sovereign, and IndependentState, into the National Confederacy: And whereas, the People of Florida have, in divers modes and ways, since the adoption and rati, fication of said Constitution, otherwise respectfully asked of Congressthe recognition of their rights to such" admission, under the stipulationsoftheTreaty betweenSpainandtheUnitedStates, ceding the Floridas to the latter: And whereas, the Territorial Legisliture have also repeatedly, in behalf of the People of Florida, made similar requests of the Federal Government: And whereas, the aforesaid memorials, applications and requests, have been treated with inexcusable neglect by the Congress ofthe United States, audit has been hitherto omitfid and refused by Congress to admit Florida into the Union as a State: And whereas, said Convention, by the same 5th clause of the XVIItb article of said Constitution aforesaid, did ordain, that “in case the Constitution be ratified by the People, and immediately after official information shall have been received that Congress have approved the Constitution and provided for the admission ofFlorida, the President ofthis Convention shall issue writs ofelection to the proper officers ofthe different Counties, enjoiningthem to cause an election to be held for Governor, Representative in Congress, and members of the General Assembly, in each of their respective Counties. The election shall he held on the first Mondayafter thelapse ofsixtydays following the dayofthedateofthePresident’s proclamation, and shall take place on the same day throughoutthe State. The said election shall bfi conducted according to the then existing election laws of the Territory of Florida: Provided, however, that in case ofthe absence or, disability of the Secretary, a committee, consisting offive, to wit: Leigh Read, George T. Ward, James D. Westcott, Jr., Thomas Brown, and Leslie A. Thompson, or a maj'ority of them, shall discharge the duties herein imposed on the Secretary of the Convention, and the members of the General Assembly, so elected, shall assembje on the fourth Monday thereafter at the seat of Government. The Governor, Representative in Congress, and members of the General Assembly, shall enter upon
g
37


ihe duties of their respective offices immediately after their election under the provisions of this Constitution, and shall continue in office in the same manner, and during the same period, they would have done had they been elected op the first Monday in October.” And whereas, said Convention did, on motion of Hon. Walker Anderson, of Escambia County, by a large majority, adopt a resolution in the following words:
u Resolved, That when this Convention adjourns, it adjourn to meet at Tallahassee, subject to the call of the President, made at the request, in writing, of one*third ofthe members of this Convention, in the event of the Congress of the United States refusing to admit Florida into the Union: and in event the President of this Convention not acting from any cause, the Committee specified in the ordnance shall perform that duty.” '■
And whereas, when said Convention was adjourned, upon motion ofHon. William Marvin, ofMonroe County, by a vote of 42 ayes to 7 nays, it was adjourned subject to the call stated in the aforesaid resolution, adopted by the Convention, “ in the event of Congress refusing Florida admission into the Union.” And whereas, the Hon. Robert Raymond Reid, President of said Convention, has since deceased, and the duty prescribed in said resolution has devolved on said committee, one member whereof, General Leigh Read, has also deceased : Now, in consideration of said premises, the undersigned,members of said Convention, being more than one-third thereof, do hereby request the surviving members of said Committee, under authority ofsaid Resolution, to call ihe said Convention together, at Tallahassee, on Monday, the day of next, dt the Capitol, in said city, to the end that the People ofFlorida may be enabled to establish, maintain and uphold their rights as Freemen, by the organization of the State Government, under said Constitution, forthemselves ; and to adopt measures to ensure the speedy recognition of their right to admission into the National Confederacy as a State, underthesolemnpledge ofthe Treatyof Cession:
Florida, May, A. D. 1842.
James D. Westcott, Jr., .Walker Anderson,
L. A. Thompson, A. G. Semmes,
W. Wyatt, Jno. N. Partridge, Thomas Brown, J. McCants, Geo. T. Ward, E. C. Cabell, Jno. Taylor, A. L. Woodward, John C. McGehee, Saml. Bellamy, Geo. E. McClellan, Richd. H. Long* John F. Webb, ) Thomas Baltzell, Saml. B. Stephens, R. Fitzpatrick, Banks Meacham, Joseph B, Watts, Jno. W. Malone, Wm. B. Hooker, John M. G.;Huntek, S. J. Roche,
C. E. BARTiETT, • E. Robbins.
38


PROCLAMATION, By R'. K. Call, Governor of the Territory of Florida.
Whereas, an election was held on the 1st Monday in May, 183,7, for the election of’a Delegate from this Territory to the next Congress of the United States, and to take the sense of the people on the policy and propriety of this Territory becoming a State :
And Whereas, Charles Downing, of St. John’s County, received a greater number of votes than any other candidate for Delegate, and there was given a greater number of votes for a State than a Territorial Government, as appears bythe returns legallymade to me.
Now, therefore, in pursuance of law, I do proclaim the said Charles Downing, duly elected Delegate from the Territory of Florida to the next Congress of the United States, and I do further proclaim, that there was given a majority of 1005 votes for a State Government. Given under my hand at Tallahassee, this 27th day of July, 1837.
(Signed) ' ', R. K. CALL,
Governor of Florida.
Votes, attheDelegate’s election,forStateandno State, inMay, 1837.
3 â–  CQ ?
© xn S’ P m p
—* —
Escambia County.Pensacola, 2d Precinct, 59 0 9-6 J47 30 'Hamilton County.4th Precinct, Court House, 17 20 3 6
Beach Water, Keyzer’s, Calhoun Franklin. Washington~ Co. Hickory Hill,Merlett’s Bluff, Holmes’ Creek, Econfenee, Walton Co. Davis, Eucheanna,Maltese, Jackson fo. McNealey,Marianna, Bluntstown, Campbellton, Brown’s Ferry,Webbville, i 0 0 1 0 0 0 0 8 0 14 104 0 35 18 4 10 0 0 5 0 0 0 0 46 0 0 12 0 31 0 13r Whole vote M. Diet. 1152 Columbia County.Mineral Springs, 31 Palmetto, <17 Sapp’s, 13 Carver’s, 0 Fort Mills, -13 Fort Lancaster, 11 Lea’s, 0 Nassau County.Fernandino, 0 Court House, . 0 Kirkland’s, . 1 Yaughan’s, 0 Sparkman’s, 0 Alachua County. Newnansville, 72 Santaffee, 54 Tarvers, 10 266 21 3 1 25 12 20 6 17 14 9 0 0 2 2 0

39


VOTE FOB STATE AND NO STATE .CONTINUED.
'
Ocheesee, 0 . 0 Duval Co.
Franklin Co. Apalachicola, St. Joseph, Whole vote W. Dis., 217 17 245 11 u___ 732 324 Jacksonville, St. John’s Bluff, Mandarin, Whitesville, St. John’s Co. 6 2 23 0 156 0 18 O
Gadsden Co. Sadbury’s, Chattahoochie, Aspalaga, Quincy,Morgan’s Thomas’, Leon County.Tallahassee, Stewart’s, Hair’s, Miccosukie, Magnolia, St. Marks, Jefferson County. 4th Precinct, Monticello, Octlla, 9 15 0 223 27 14 302 15 0 124 ■ 0 57 .41 163 7 0 42 0 13 33 22 49 1 0 19 0 8 0 8 45 St. Augustine,Anastasia, Weedman’s, Harrison’s, Ft. Matanzas, Mosquito Co. New Smyrna, Whole vote E. Dist. Dade Co. Key Tacas, Indian Key, Monroe Co. Key West. Hillsborough Co. Pajm Island, Tampa, 1 220 0 6 0 6 0 H£ 0 4 1 62 255 614 0 0 70 0 0 0 0 21 5 49
Ulmer, 32 16 Whole vote S. Dlst. 75 70
Madtson County.Townsend’s, San Pedro, Atkin’s,’ 14 72 0 0 1 0 > Majority for State, 2214 1274 1274 -----: 940

N. B. Ia the above statement, the votes given for “ Territory,” although not conformable to the act, are counted as for “ No State,” which it is presumed, makes the majority stated in the Proclamation above, of 1005.
Executive Depabtsiest, J
* , Tallahassee, 10th February, 1841. j
To the Legislative Council of Florida:
I respectfully transmit, in obedience to your wishes, a statement of the votes taken for and against the 'Constitution. The returns are all on file in the Executive Department, and were so for many months before I came into office. They are open to examination of the Legislative Council, or any individual who takes an interest in the subject. Copies of the wholewould have been presented to you, had there been time to prepare so voluminous a document.
40


for No For
No
couimas. COUNTIES.
Const Const Const Const
Escambia County.Pensacola, Navy Yard,Calhoun. 27 3 166 27 Madism, San Pedro, Court House. Hamilton. • 13 38 0 16
St. Joseph,lola, Chipola,Washington.Jones’ Store, Hickory Hill, Roche’s Bluff, Walton. Pea River, Court House, Jackson. Ochesee, M. C-. Nealey’s, Campbelton, Webbville, Marianna,Brown’s Ferry,Franklin. 50 15 8 •12 3 0 10 28 39 5 40 2 103 53 233 Bell’s House, 33 Bell & Johnson’s 9 Store. Columbia. 18 Mineral Springs,3 Sapp’s Store, 32 Fort Call, Alliga’r Tackers, 0 Carver’s House. 27 Nassau. Court House, 0 Bang’s Ferry.9 Alachua. 41 NewnansviHe, 15 Fort Clark, 46 Fort Crane, 3 Fort "White, Fort Harlee. 16 3 11 3 24 3 0 0 0 42 16 24 18 0 45 6 33 34 15 40 17 11 28 6 0 0 0 26
Apalachicola. Gadsden. JSadbury’s,Chattahooehie,Thomas’ Store, Quincy.Lem. 94 10 33 20 141 117 Burnt. Cedar Creek, 0 Mandarin, 0 St. John’s Bluff 28 Whitesville, 67 Jacksonville. Sti John's. 3 24 0 7 8 0 18 28 108 147
St. Marks, Magnolia,Shell Point, Mickasukie, Tallahassee. Jeffersm. Frecinet No. 1, 91 -42 24 83 242 175 17 St. Augustine,.2 North River, 0 Mocasin Branch, 14 Dade. 109 Indian Key.Key Vaecas, 13 Munroe. 24 56 11 59 5 224 4 18 0 0
do. do. do. do. No. 2,No. 3, No. 4, No. 5, 14 34 33 34 g 38 Pine Key,0 Key West. 0 Hillsborough.• 0 Tampa Bay.n 6 91 56 7 11 49
do. No. 7. 32 0 2072 1953

Majority in.favor of the Constitution, 119.
From the above statement 26 -votes, returned from Fort Harlee, in Alachua County,* “No Constitution,” should he'deducted; they
■were given as “ No State” votes.
41


The following irregular returns have not been admitted into the
calculation: At Parish’s, ColumbiaCounty,“ No State,” 22 At Fernandina, NassauCounty, ““ 14 At Fink’s, “ “ “ No Convention,” 9 At Kirkland, “ “ “ No State,” 25 A mistake has perhaps occurred in the return from Fort Crane—
the vote may have been 14, instead of 24, for the Constitution!
The provision of the Constitution, under which the above votes must be rejected, is as follows: “ Each qualified voter shall express his assent or dissent to the Constitution, by directing the managers of said election to write opposite his name on the-Poll Book, either the word ‘ Constitution’ or ‘ No Constitution.’ ” Of course, votes not in the form thus prescribed, are void.
I will only add, that, by the 17th article of the Constitution, the President of the Convention is required to make Proclamation of the result; which was done as soon as it was ascertained that the popular vote was 'in favor of the Constitution.
ROBERT RAYMOND REID.
(corv.)
A PROCLAMATION. After a careful examination of the votes returned to me, I hereby
PROCLAIM and DECLARE that the Constitution adopted by the Convention lately held at St. Joseph, has been APPROVED and Ratified by the people of Florida.
Given under my hand at St. Augustine, Florida, this tweniy-first day of October, in the year eighteen hundred and thirty-nine. ROBERT RAYMOND REID, President of the Convention lately m session at St. Joseph.
Mr. Hart moved that the above report and accompanying Docu
ments, be referred or committed to a Select Committee of three. The Speaker ruled said motion out oforder. The Report was then concurred in. Mr. He’ir moved that the rule be waived, and that the Resolutions
reported be read a second time by their title, laid on the table until Monday next, arid that 500 copies of the same, with the accmpany, ing documents, be printed.Which motion prevailed,the resolutions read the second time, and 500 copies ordered to be printed. , Mr. Speer moved a reconsideration of the? vote ordering 500 copies to be printed; , Which motion was refused.
. ORDERS OF THE DAY.
The House in Committee of the Whole, Mr. Ferguson in the Chair, resumed the consideration of the Contested Election for a
6
42


member from Hillsborough County. After some time spent in tht consideration ofthe subject, the Committee rose, and reported tha following Resolution, viz:
Resohed, ThatJamesA. Goffretain his.seatas the member elect from Hillsborough County.Mr. Bush offered as a substitute for the Resolution reported, the following Pream' le and Resolution, viz :
Whereas, it appears from the Report of the Committee on Elections, and the evidence in this case, that great fraud was practised at several of the precincts in> Hillsborough County, and as it is impossible for the House to ascertain which of the persons claimingsaid seat is entitled thereto ;
Resolved, That neither James A. Goff or William H. Shaw shall take a seat in this body as representative fiom Hillsborough county,and that said election be referred back to the people of HillsboroughCounty.
On the question of adopting Mr. Bush’s proposed substitute, the ayes and noes were called for by Messrs. Bush and Ferguson, and were as follows : •#
Yeas—Messrs. Bush; Chapman,'^Child, Cromartie, De la Rua, Ferguson, McClellan, Patterson, Philips, Speer and Wilkison—11.
Nays—Mr. Speaker, Messrs. Baldwin, Brown, Crichton, Haddock, Hart,'Heir, Ivey, Long, Loring, Mays, Porter, Sanchez, Spencer, Taylor and Walker—16.
So the substitute was rejected.
The ayes and noes were called by Messrs. Brown and Cromartie, on the following Resolutions offered by Mr. Brown in Committee of the Whole, viz: after being amended by the. House by striking out the word sitting and inserting the word returned, in lieu thereof, the ayes and noes were called for on each resolution separately.
1st. Resolved, That from the papers and evidence reported to the House by the Committee on Election,, it does not appear that the contesting member from Hillsborough County gave to the returned member notice in the time and manner prescribed by law.
2d. Resolved, That the evidence-does not shew that the votes alleged to have been illegally given at the Mannattee Precinct, were given to William Shaw, the returned member.
3d. Resolved, That the giving of illegal votes does not necessarilyvitiate the whole poll, unless it can be made appear they were received through corrupt combination on the pait of the Judges of the Election. ,
4th. Resolved, That the taking a vote out of the ballot box, as proved by the testimony of Stephen Hollingsworth, at Simmon’s Hammock Precinct, does vitiate the whole vote given at that Precinct, and therefore they should not be counted in the aggregate vote of the County.
5th. Resolved, That William Shaw, the returned member from Hillsborough County, received the largest number of votes, and was elected from said County, and is entitled io a seat in this House.
On the first Resolution the ayes and noes were :
43


Yeas—-Messrs. Brown, Chapman, Child—3.
Nays—Mr. Speaker, Messrs. Baldwin, Bush, Ciichton, De la Rua, Ferguson, Haddock, Hart, Heir, Ivey, Long, Loring, Mays,McClellan, Patterson, Porter, Sanchez, Speer, Spencer, Taylor, Walker, Wilkison—22.
Mr. Ferguson moved the indefinite postponement of the balance of the resolutions offered by Mi. Brown;On the question of indefinite postponement, the ayes and noes weie called by Messrs. Brown and Chapman, and were as follows:
Yeas—Mr. Speaker, Messrs. Baldwin, Bush, Crichton, Ferguson, Haddock, Hart, Heir, Ivey, Long, Loring, Mays, Patterson, Philips, Porter, Sanchez, Spencer, Taylor, Walker, Wilkison—20.
Nays—Messrs. Brown, Chapman, Child, Cromartie, De la Rua, McClellan and Speer—7. So the motion prevailed, and the balance of the Resolutions were indefinitely postponed.
On the question of concurring in the Report of the Committee of the Whole, on the Contested Election from Hillsborough County,the ayes and noes were called for by Messrs. Brown and Chapman, and were as follows :
Yeas—Mr. Speaker, Messrs. Baldwin, Crichton, Haddock, Hart, Heir, Ivey. Long, Loring, Mays, Porter, Sanchez, Spencer, Taylorand Walker—15.
Nays—Messrs. Brown, Bash, Chapman, Child, Cromartie, De la Rua, Ferguson, Patterson, Speer and Wilkison—10.
Messrs. McClellan and Philips were excused from voting.
Messrs. Ferguson and Cromartie obtained leave of absence for a few days.
The House adjourned until Monday, 10 o’clock.
Monday, 20th January, 1845.
The House met pursuant to adjournment; a .quorum being present, the Journal of Friday’s proceedings were read, amended and confirmed.
Mr. Brown moved to amend the Journal of Friday last, by inserting the following, viz :—
On the second resolution, (offered by Mr. Brown, of Leon, in Committee of the Whole,) the Speaker put the question in the affirmative and negative,—and Mr. Ferguson, of Gadsden, moved the indefinite postponement of the balance of the resolutions offered byMr. Brown, which Mr. Brown objected to as being against order,— but the Speaker over-iuled the objection, and sustained the motion, and Mr. Brown signified his intention of protesting against the decision of the Chair.
On the question of amending the Journal of Friday last, by inserting the amendment of Mr. Brown, the ayes and noes were called for by Messrs. Baldwin and Brown, and were as follows, viz:
44


Yeas—Messrs. Brown, Bush, Chapman, Speer, Turner and Wil-kison—6.
Nays—Mr. Speaker, Messrs. Baldwin, Crichton, Haddock, Hart, Heir, Ivey, Loring, Mays, McClellan, Porter, Sanchez, Spencer and Taylor—14.
Messrs. Child, Long, Philips and Randolph, were, at their request, excused from voting on said question.
• So the amendment was rejected. Mr. Baldwin gave notice th'at he would, on some future day, ask
leave to introduce the following bills, viz:
A bill to be entitled, An Act respecting Witnesses; and
A bill to be entitled, An Act to provide for the Distribution of the Fund received from the proceeds of the sale of Public Lands under an act of Congress, among the counties. Mr. Taylor moved that the member from St. Lucie, Mr. Hart, be added to the Committee on the Militia ; Which motion pievailed, and Mr. Hart added to the committee on the militia.
Mr. Hart gave notice that he would, on some future day, ask leave to introduce a bill to legalize certain Elections held in St. Lucie county: also,
A bill to authorise the county court of St. Lucie county to levyand collect a tax’ upon all private lands in said county ; to sell certain town lots in certain cases, and to apply the proceeds of such levyandsale,tothebuildingofacourthouseandjail,and forother purposes.
According to previous notice given, the following bills were introduced, viz:—
By Mr. Speer—
A bill to change the name of Mosquito county to that of Orange;
Which was read the first time, the rule waived, read a second time, and ordered to be engrossed for to-morrow. By Mr. Speer— A bill to authorise the Clerk of the County Court of MosquitoCounty, to keep his office at his place of residence;
Which was read tho first time, and ordered for to-morrow.
By Mr, Hart—
A bill to be entitled, An Act to appoint a Board of Port Wardens, Commissioners of Pilotage, and Commissioners of Wrecks, &c., for Indian River and Jupiter Bars ;
Which was read the first time, the rule waived, read a second time, and referred to a Select Committee, to consist of Messrs. Hart, Baldwin and Spencer.
By Mr. Heir—
A bill to be entitled, An Act to authorize Malinda Folsom, widow and administratrix of Bryant Folsom, deceased, late of Jefferson county, to sell certain real estate;
Which was read the first time, the rule waived, read a second time, and ordered to be engrossed for a third reading to-morrow. Mr. Loring gave notice that he would, on a future day, ask leave
45


to introduce a bill to be entitled, An Act in relation to Brigade Inspectors, &c.; also, A bill to be entitled, An Act to repeal the law providing paymentfor Slaves executed for crimes. * On motion of Mr. Bush, Mr. Child, of Marion, was added to the Committee on the Judiciary ; and
On motion of Mr. McClellan, Mr. Sanchez, of Alachua, was added to the Committee on Claims, and also on Jhe Committee on Schools and Colleges.
The following Resolutions were offered:
By Mr. McClellan—
Resolved, That the Secretary of this House be authorized and required to subscribe for two additional copies (for each member) of the papers takemby this House.
Which was read, the first time, and ordered for to-morrow.
By Mr. Chapman:
Whereas, in an act, entitled “ An Act for the completion of certain improvements in the Territory ofFlorida, approved 24th February, 1835,” the Congress ofthe United States did appropriate $5000 for removing obstructions*m the Chipola River: Amd whereas, the great increase of populatron into that section of country, throughwhich said river passes, renders its navigation desirable, there being at this time large quantities ofcotton, lumber and other produce made on said river, and adjacent? to its waters, that must inevitably find its way down said river, at a heavy expense to the shippers, besides great risk ofloss of property, the citizens at this time being compelled to ship in small flat bottom boats: And whereas, with a small appropriation of ten thousand dollars, the Chipola could be made navigable for the largest class of pole boats, as high up as Marianna, in Jackson county. ^Therefore,
Be it resolved by the Governor and Legislative Council ofthe Territoryof Florida, That our Delegate in Congress be and he is hereby requested to use his best exertions, to procure the said re-appropriation, with an additional sum of five thousand dollars, to be applied as was originally intended.
Be itfurther resolved. That as soon as the foregoing preamble and resolution shall have been adopted, a certified copy of the same be forthwith transmitted to our Delegate in Congress.
• Which was read the first time, the rule waived, read the second
and third time, and adopted.
By Mr. Long:
Resolved, That the Secretary of the Territory be requested to furnish this House with the names of the Judges of the County Courts,
Auctioneers, Notaries Public, Port Wardens and Magistrates whose
commissions expire during the session of the present Legislature.
Which was read and adopted.
By Mr. Speer:
Whereas, The road leading from Tampa Bay to Enterprise on
Lake Monroe, on the St. John’s River, a distance of some seventyfive miles, over which the mail must eventually pass, being the only
46


direct route through that section of country, and well adapted to facilitate a communication from Tampa Bay to Charleston, Savannah, and, in fact, all the Northern ports, is at present rendered impassablein consequence of the decayed start; of bridges over the small creeks on said road, and also from falling timber, which has so obstructed the road as to entirely prevent traveling said route:
Be it therefore resolved by the Governor and Legislative Council of the Territory of Florida, That the Honorable David Levy, our Delegate, be requested to use his best endeavors' to obtain from Congress an appropriation of twenty-five hundred dollars for the clearing out of, and repairing aid road and bridges.
Be it further Resolved, That a mail route be established from TampaBaytoEnterprize, connectingthemailroutesfromPilatka and Smyrna, with said loutes for the great convenience of inhabitants of this section of country.
Be itfurther Resolved, That our. Delegate in Congress be and is hereby requested to use his best exertions to procure the establishment of a mail route, as above named, from Tampa to Lake Monroe or Enterprise.
Be itfurther Resolved, That as soon asihe foregoing preamble and resolutions shall have been passed and signed by the proper officers, a certified copy of the same be forthwith forwarded to our Delegatein Congress.
Which was read the first time, and ordered for to-morrow.
By Mr. McClellan :
Whereas, a road from Columbus 'to Garey’s Ferry, on Black
Creek, would be of the greatest utility and convenience to a largeportion of the citizens of Columbia County, and a part of Hamilton and Duval counties, thereby affording them a direct road tbr the transportation oftheir produce to market, and at the same time would offer a more direct route for the United States mail, and shorten the present line from Garey’s Ferry to Columbus, (on the Tallahassee line), some thirty miles or more, which would be a consideration not unworthy ofnotice, itbeing always desirable that the mail should be transmitted with the least possible delay : it is, however, certain, that some portions of this road must, of necessity, pass through uninhabited districts, thereby preventing its construction without the aid of an appropriation : And whereas, to open the whole of said road would cost the government an amount in no way equivalent to the advantages thereof; therefore,
Bzil resolved by the Governor and Legislative Council ofthe Ter
ritory of Florida, That our Delegate in Congress be respectfully re
quested to use his best exertions to obtain an appropriation of eight
thousand dollars to open the aforesaid road.
Be it further resolved, That so soon as this preamble and these
resolutions shall have been passed, and approved by the Governor,
a certified copy thereof be duly transmitted to our Delegate in Con
gress.
Which was read the first time, and ordered for to-morrow.
·47

•47
MESSAGES FR0M THE SENATE.
A resolution, referring so much of the Governor’s message as relates to securing the property mortgaged for the payment of Faith Bonds and Guarantees, from misapplication and waste, to a select committee;
Was received and adopted, and Messrs. Mays, Ferguson, Taylor, Bush, Child and Randolph were appointed a committee on the part of the House.
Preamble and Resolutions calling the attention of the Delegate in Congress to an act of Congress appropriating ten thousand dollars to repair the road from Jacksonville, in East Florida, to the Mineral Springs, in said Territory, and requesting him to ask the re-appropriation of said amount, &c.; *<
Was read the first time, and ordered for to-morrow.
Resolutions requesting the Delegate in Congress to endeavor ito procure a renewal of the appropriation made by Congress previously to the commencement of Indian hostilities, for the clearing out the obstructions in the Oclawaha River;
Also, to prooure an appropriation from Congress for clearing out the obstructions in the Suwannee and Withlacoochie Rivers ; And also, to procure a branch mail to some convenient point on New River, in Columbia County;
Which were read the first time, and ordered for to-morrow.
A bill, passed by the Senate, entitled, an act to change the name of Martha E. Cahoon; Was read the first time, rule waived, read the second and third time and adopted, with the title as stated.
ORDERS OF THE DAY.
The report of the joint select committee, on so much of the Governor’s message as relates to State Government, came up omits second reading;
Mr. McClellan moved that the further consideration of the reporthe postponed until to-morrow ; Messrs. Heir 'and De la Rua called for the yeas and nays on said motion, which were as follows:
Yeas—Mr.Speaker, Messrs.Brown,Bush,Chapmail, Child, Crichton, De la Rua, Haddock, Hart, Loring, Mays, McClellan, Patterson, Philips, Randolph,’ Speer, Spencer, Turner and Wilkison—19.
Nays—Messrs. Baldwin, Heir, Ivey, Long, Porter, Sanchez, Taylor and Walker—8. So the motion prevailed. A bill to be entitled, an act to authorize Jesse Donaldson to establish a Ferry across Yellow River in Santa Rosa County;Was read the second time, and ordered to be engrossed for to-morrow. The House adjourned until to-morrow, 10 o’clock.
48


Tuesday, 21st January, 1845.
The House met pursuant to adjournment, and a quorum’being pre. sent, the Journal of yesterday’s proceedings was read and confirmed.
Mr. Speer gave notice that Ke would, on some future day, ask leave to introduce a bill to legalize certain elections held in MosquitoCounty.
According to previous notice given, the following bills were intro* duced, viz:
By Mr. Hart:
A bill to be entitled, an act to legalize certain elections held in St. Lucie County.Which was read the firsttime, and ordered for to-morrow. By Mr. Bush: A bill to be entitled, “ An act relating to crimes and misdemea
nors
Mr. Heir moved to amend the bill by inserting after “ branding” and whipping white persons ;
Which amendment was accepted.
Thebillwas thenread thefirst time,ordered forto-morrow, and50 copies ordered to be printed.By Mr. Loring: A bill entitled an act in relation to ’Brigade Inspectors, &c., and
to repeal the law proyiding payment for slaves executed for crimes. Which was read the first time, ordered for to-morrow, and 50 copies ordered to be printed. Mr. Mays, from the committee on Finance and Public Accounts,made the following report:
The committee on Finance and Public Accounts, to whom was re
ferred the claim of E. A. Ware for one hundred and twenty-five
dollars, (§125,)
REPORT:
That they have had the same under consideration, and find it to be
for printing the Acts and Resolutions of the Legislative Council of
the Territoiy of Florida, passed at the session of 1843, by order of
the Governor of Florida, in conformity with a resolution passed by
the Legislative Council at said session, and approved 15th March,
1843. Tour committee, therefore, believe said claim to be just, and
recommend the adoption of the following resolution, viz:
Resolved, That the foregoing report, and accompanying papers, to
gether with this resolution, certified by the proper officers, be for
warded to the Hon. David Levy, Delegate in Congress, and that he
be urged to procure.an appropriation by Congress sufficient to satis
fy said claim.
All of which is respectfully submitted.

D. H. MATS,
Chairman com. Finance and Public Accounts. Which was read and ordered for to-morrow.
49


'Mr. Bust, from a select committee, made tie following reportiThe Committee to which was referred “ An Actfor the protection of the rights of Females,” 0
REPORT :
That they hate hadithe same under consideration, and are convinced that legislation on the subject to which it relates,-is demanded by every consideration of justice and propriety. Tour committee cannot see the reason of the old rule which, proceeding upon the fiction that the legal existence of the wife was merged in that of the husband, conferred upon him an absolute righPto all her property.There is nojustice in it, and it is calculated to produce great wrong,and much of individual and undeserved suffering. Upon her marriage, a father confers (jpon his daughter, a property, the proceeds of his own honest industry, and the accumulationof long years of toil and privation. Is it not right, just and proper, that this bequestshould form a sacred fend for her support, and the education and maintenance of her children 1 See how the old rule works : At the time of her marriage, the husband owes debts, ofthe existence of which neither the wife or her father are acquainted, and his creditors come in and sweep ayvay the wife’s patrimony, for that which never benefited her. Again, suppose that the husband is a spendthrift or gambler,and inan unguarded moment, shoulddespoilherofherown just property, and deprive her and her children of a home, and the means of subsistence—would all this be right ? None will answer in the affirmative but bold bad men, in whose hearts selfishness is so enshrined, that neither reason,justice or religion can displace it.
It is strange to your committee that the rights of women should have been so long disregarded, and that theirwrongs should have gone so long unredresSed. The husband can. take away not only the property, but the children of his wife. The veriest’inenialTs allowed
the proceeds ofher toil, but the proceed of the wife’s industry, is the properly of her husband. In the olden time, when the wife was viewed but as a household drudge, it is not strange that a rule so_ absurd and so unjust should have prevailed. Four committee hopethat it will no' longer be tolerated in enlightened and Christian cdmmunities. They rejoice that the attention of the civilized world has been awakened upon this subject. The measure under considerationofyourcommittee, has engagedandnowemploysinitsadvocacy,the ablest pens, the wisest heads, and the noblest hearts ofthis and other countries. It is no’ longer deemed visionary or unpopular to assert that women have rights, and to attempt to redress their wrongs."A bill similar to the one proposed has long existed in Louisiana.
Several other States have adopted the like provisi’orf. Many others are moving in support of'the principles Contended for, and your committee hope and believe that the period is -not far distant, when every member of our great confederacy will Jiave such a law upon its-statute book.
Your committee hope that this Territory’ will not he the last to
7
50


move inthis-great cause,thesuccessofwhich can donoposable harm to any person, and 'will be ofincalculable advantage to thousands of the better, gentler and purer sex. The committee recommend the passage ofthe bEl referred. ,
All which is respectfuEy submitted.
A. H. BUSH, Chairman.
"Which report Was received, the blE reported, viz: a bill entitled, an act for the protection of the rights of Females, made the order of the day for Monday next, and 50 copies ordered to be printed.
.ORDERS OF THE DAT.
AbiE tobeentitled, anact toauthorize.MalindaFolsom,Admin
istratrix ofBriant Folsom, deceased, to seEcertainreal estate ; Came up on its third reading.On motion of Mr. Heir, the House resolved itself in committee of
the whole, Mr. Child in the Cliair, on said biE. After some time, the, committee rose, and by their Chairman, reported the biE back to the House as amended. Which report was concurred in, the bill read a second time, and made the,special order of the day for to-morrow. An act to authorize Jesse Donaldson to establish a Ferry acipss
TeEow River in Santa Rosa County; Was reafrthe third time and passed, with the tide as stated. An engrossed bEl entitled an act to alter and change the name of
Mosquito County to that of Orange; WaS read the third time and passed. Ordered that the title be as stated. A bifl to be entitled, an act to authorize the Clerk of MosquitoCounty Court to keep his office at his place of residence, &c.; Was read a second time, and ordered to be engrossedfor to-morrow.
A resolution requiring the Secretary of the House to subscribe for two additional copies, for each member, of the paper^taken by this House j
Was read the second time, the rule waived, read the third time, and adopted.
Preamble and resolutions, Rom the Senate, asking the re-appropriation of ten thousand dollars to repair the road from Jaeksonvjfle, in East Florida, to the Mineral Springs, in said Territory;
Were read the second time, the rule waived, read the third time,
and adopted.Orderedthat the same be certified to the Senate. Preamble and resolutions, adopted by the Senate, asking an appro
priation from Congress to improve the navigation of the Oclawaha, -Suwannee and Withlacoochie Rivers, and for the establishment of a mail route to some point on New River in Columbia County; Were read the second time, the rule waived, read the third time, and adopted.Ordered that the same be certified to the Senate.
51


Mr. Heir moved that the rule b'e waived to enable him to intro* duce the following resolution, viz : ^
Be it Resolved, That the use of the Representative Hall be granted to Mr. Richards this evening for the purpose of delivering an Im troductory to a course of Lectures upon Natural Philosophy and Chemistry.
Which motion was entertainedj the rule waived, and the resolution agreed to. .
Report of the joint select committee, on so much of the Governor’s message as relates to State Government, came up on the second reading of the memorial'to Congress and the resolutions reported.'
Which memorial and resolutions were read the second time ;
Mr. Hart moved to strike put certain words, and insert others.
On'the motion to strike out and insert, ’the yeas and nays were called for by Messrs. Heir and Taylor, and were as follows, viz :
Teas—Mr. Hart.—1.
Nays—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, De la'Rua, Goff, Haddock, Heir, Ivey,Long, Loring, Mays, McClellan, Patterson, Philips, Porter, Randolph, Sanchez, Speer, Spencer, Taylor, Turner, Walker and Wilkison—28.
So the House refused the motion of Mr. Hart, to strike out and insert.
Mr. Brown moved an amendmeht as follows, viz : amend in tho 20th line of the 2d column from the. top, after the words “ St. Joseph Constitution,” insert “ with a provision for the future division of the State when called for by a joint vote of the Legislature of said State.”
Which amendment was adopted.
Mr. McClellan moved to strike out all after the word “ whereas,” in the preamble and resolutions reported to this House, and insert in lieu thereof the foljowing, viz:
The admissionoftheTerritory ofI-owaasa sovereign Stateofthe Union, would, in our opinion, (if Florida is not at the same time admitted) give an undue preponderance in the national councils, to the
Northern and non-slaveholding States, and tend to destroy that balance of power, which ever ought to prevail between the conflicting and sectional interests of the Republic:
And whereas, We are warned by facts and circumstances, most significant, that the interests and institutions peculiar to ourselves, and the South generally, will be assailed with renewed vehemence, and that it is a duty which we owe to our Southern brethren of the Confederacy generally, as well as to ourselves, to seek and gain admission into the Union as an independent State, in order that we mayhave our due weight and just share of influence in the Congress of the United States. And'although we are well aware that the peopleofFlorida (who.are butjustrecoveringfrom the desolatingandruinous effects of a protracted Indian war, as well as from very general, and severe and pecuniary embarrassments,) are but poorly able to beartheburdens and expensesofaState Government, andthattheir
52


individual interests might, perhaps, be better advanced by remainingstill longer in a'Territorial Government, and until they are more numerous and more able, in a-pecuniary point of view, to conduct the affairs of a State Government; yet m view of the mojre important and paramount interests above suggested, and believing that the peo.pie of Florida are ready and willing to make any and all reasonable sacrifices for the general good, and in this emergency to assume burdens, which, under ojher circumstances, might be better postponed to
*a future day:
Therefore, Resolved, That it is expedient and proper, in our opinion, that Florida should be brought into the JJnion as an independent and sovereign State, at the same time that Iowa shall be admitted-
Resolved, That our Delegate in Congress.be requested, in case Iowa is admitted, or seeks admission to the Union, to use his utmost endeavors to procure the passage of a law, admitting Florida also to the Confederacy, with a provision for the fiiture division of the State, and the formation of two States out of the present Territory, as was contemplated and secured to us by,the treaty of 1819, with Spain.
A call of the House was ordered, and the following members answered to the call of their names, viz :
Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Child, Cnchlon, Cromartie, De la Rua, Goff, Haddock, Hart, Heir, Ivey,Long, Loring, Mays, McClellan, Patterson^ Philips, Porter, Randolph, Sanchez, Speer, Spencer, Taylor, Turner, Walker and Wilkison—29.
On the question of the motion made by Mr. McClellan, to adopt the amendment proposed by him, the yeas and nays were called for byMessrs. Heir and Loring, and were :
Yeas—Mr. Speaker, Messrs. Brown, Chapman, Child, Crichton, De' la Rua, Goff, Haddock, Hart, Loring, McClellan, Patterson, Philips, Randolph, Sanchez, Speer and Wilkison—17.’
Nays—Messrs. Baldwin, Bush, Cromartie, Heir, Ivey, Long, Mays,Porter, Spencer, Taylor, Turner and Walker—12.
So the amendment was concurred in, the rule waived, the resolutions, as amended, read the third time, and on the question of their adoption, the yeas and nays were called for by Messrs. Baldwin and
-Porter, and were as follows :
Yeas—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman,Crichton, Cromartje, De la Rua, Goff, Heir, Ivey, Long, Loring,Mays, McClellan, Patterson, Porter, Randolph, Sanchez, Spencer, Taylor, Walker and Wilkison—23.
Nays—Messrs. Child, Haddock, Hart, Philips and Speer—5. So the same were adopted, and,ordered to be certified to the Sen
ate. The Senate transmitted to the House the following resolution: Resolved, That the Committee raised by both Houses for the pre-•
' serration of mortgaged property from waste, &c., be .instructed, to inquire into the propriety of employing .counsel to represent the Ter
53


ritory in the case now depending before the Court of Appeals, where
in Kissam & Co. are appellants, and Chapman is defendant;
Which was read the first time, and ordered for to-mor,row.
Mr. Brown moved that Messrs. Allison and Ferguson, now absent,
be allowed at any time hereafter, if they desire so to do, to record theirvotes,onthe adoption ofthepreamble and resolutions relating to State Government; . â– 
Which was assented to by'the'House. *
Mr. Heir moved an adjournment until to-morrow 11 o’clock ;
Upon which the yeas and nays were called for 6y Messrs. Long
and Turner, and were as follows:
Yeas—Mr. Speaker, Messrs. Baldwin, Brown, Chapman, Child, Crichton, Cromartie, De la Rpa, Goff, Hart, Heir, Loring, Mays,Patterson, Porter, Randolph, Sanchez, Speer, Spencer, Taylor, Walker, Wilkison—22. *
Nays—Messrs. Bush, Haddock, Ivey, Long, McClellan, Philips,Turner—7. So the House adjourned until to-morrow, 11 o’clock. •
Wednesday, 22d January. 1845.
The House met pursuant to adjournment, and a quorum being present, the journal of yesterday’s proceedings was read, amended and confirmed.
Mr. Patterson gave notice of his intention, on some future day, to
ask leave to introduce the followigg bills, viz :
An act to amend an act entitled an act for the establishment of
Monroe County School; also,
A bill to be entitled, An Act to amend an act for the establishment
of Commissioners of Pilotage for the Port of Key West, &c., in the
County of Monroe.
On motion of Mr. Heir, Mr. Taylor, of Jefferson, obtained leave
of absence for a few days. "Y
Mr. Child gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled, An Act to amend an act enti
tled an act to organize a County to be called Marion.
Mr. Baldwin, according to previous notice given, introduced the
following bill, viz: ' '
A bill to be entitled, An Act respecting Witnesses;
Which was read the first time, and ordered for to-morrow.
Mr. Hart moved to amend the forty-first rule of this House,. by
inserting after the words “ ex-Governors of States,” the words
“ members of the Senate.” Also by striking out the words, “ and
none others,” and inserting after the word ‘‘ House” the words “ and
any other person,” and by striking out the word “ any” arid insert
ing “ a”—so that the rule shall read as follows—
The Governor qnd Secretary ofthe Territory, or any former Go
vernor or Secretary of the Territory, Governor or ex-Governors of
54
States,
members ofthe Senate, former members ofthe Council, mem
hers and ex-members of Congress, members of the Constitutional Convention, and the Judges and ex-Judges of the Superior Courts, and any other person, shall be admitted to a seat within the bar of the House,uponbeinginvitedbyamember oftheHouse. *
Which motionprevailed, andtheamendment adopted unanimously.
Mr. Walker gave notice of his intention, on some future day, to ask leave to introduce a*bill to change the time of holding the Superior Court for Wakulla County.
Mr. McClellan gave notice that he would, on some future day,ask leave to introduce a bill to be entitled, An Act to proside for the Election ofJustices ofthe Ppace hy the people'.
Mr. Brown presented the petition ofLodowick Ashley, praying to be divorced from his wife Patsey;
Which was read, and referred to the Committee on the Judiciary.
Mr. Randolph presented an aceount due Gibson & Hibbard, for printing done in the year 18^1, for the Secretary and Executive Offices, amounting to $123;
Which was read, and referred to the Committee on Claims.
Mr. Bush introduced the following Resolutions, viz :
Resolved by the Governor and Legislative Council of the Territoryof Florida, That the Gongress of the United States is requested to conveytothisTerritory, theland on which the Arsenal, nearthejunction of the Chattahoochie and Flint Rivers, is situate, to be used bysaid Territory as a Penitentiary, for the imprisonment of offenders against the laws of said Territory, or of the United States.
Resolved, That the Hon. David Levy, our Delegate in Congress, be requested to use bis best exertions to procure said conveyance. Resolved, That as soon as the above resolutions are passed, they
be certified by the proper officers, and forwarded to our Delegate.
Which were read the first time, and ordered for to-morrow.
Mr. Baldwin offered the following resolution :
Resolved, That the Committee on Corporations be instructed to enquire,
1.
Whether the Union Bank, the Southern Life Insurance & Trust Company, orthe BapkofPensacola, have,inanyrespect, incurred a forfeiture of their charters, and in whatrespeets.

2.
If the committee so find, that they enquire and report whether it is expedient for the Legislative Council to direct the proper officer to institute proceedings to enforce the forfeiture of the same.

3.
To enquire and report what measures,it is expedient for the


Council to adopt in1anticipation of such forfeiture. t
Which was read and adopted.
Mr. Hart, from a select committee, maiie the following report:
The select committee to whom was referred a hill to be entitled, an act constituting a Board of Wardens, Commissioners ofPilotage,and Commissioners of Wrecks lor Indian River and Jupiter Bars, having had the same under consideration, do
REPORT: That, on examination, they find that the. "9th section of, said bill
55


inflicts v,’ih the act of Congress of 33d May, 182$, establishing a Southern Judicial District in -this Territory; and therefore xecomv mend that the said 9tu section be stricken out. Also, that the 2d section be amended by adding the words “ by the approval of the Governorand that the title of said bill be amended by striking out the words “ and Commissioners of Wrecks,” &c.
All ofwhich is most respectfully submitted, OSSIAN B. HART, Chairman Select Committee. Which report was concurred in, and the bill reported on, ordered for to-morrow.
The Senate transmitted to'the House a resolution requesting,his Excellency the Governor, to apply to Mrs. Martha Reid, relict ofthe late Robert Raymond Reid^President of the Constitutional Convention, for the original copy of the State Constitution, left in the possession of her deceased husband, &c.
Which was read and laid on the table.
ORDERS OF' THE DAY.
Report of the Committee on Finance and Public Accounts, in relation to the claim of E. A. Ware;
Was taken up and concurred in, the resolution reported, read a second time, and ordered for to-morrow.
An engrossed bill entitled, an act to authorize the Clerk of Mosquito County Court to keep his office at his place of residence, and for other purposes;
Was read a third time, and passed, with the title as stated.
A Resolution from the Senate, instructing the Joint Committee of both Houses, appointed for the preservation of mortgaged property,&c., to inquire into the expediency of employing Counsel in a cagependingbeforetheCourtofAppeals, &c.,
Was read the second time, and ordered for-to-morrow.
An Act to authorize Malinda Folsoni, wido'g' and administratrix of Bryant Folsom, deceased, late of Jefferson County, to sell certain real estate,
Was read the third time and passed.
Title as stated.
Preamble and Resolutions offered-by Mr. Speer on a previous day, asking an appropriation from Congress for opening a Road and repairing Bridges on the Road leading from Tampa to Enterprize or Lake Monroe, andalsoofestablishing aMail Routefromsaidpoints, connecting with the Route from Pilatka and Smyrna, *
Was read a second timp. ,
Mr. Speer offered a substitute for the second Resolution, as follow? ;
Re it further resolved, Thatthe establishment ofa Mail Route from Tampa Bay to Enterprise, connecting with the Mail Route from Pilatka pnd Smyrna, would bo of great convenience to the inhabitants residing in that section of country through which said extended Mail Route would pass.
56


Which substitute was adopted, the resolutions, as amended, read the second time, and ordered to be engrossed for to-morrow. A bill entitled, an act to legalize certain elections held in St. Lucie County; Was read a second time, and ordered to be engrossed for to-morrow. Preamble and resolutions; asking of Congress an appropriation to open a road from Columbus to Garey’s Ferry;Were read the second time, the rule waived, read a third time, and
adopted. ■ "C’
Ordered that the same be certified to the' Senate.
The House adjourded until td-morrow, 11 o’clock.
Thursday, 23d January, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read.
Mr.Goffgavenoticethathewould, onsomefutureday,askleave to introduce a hill to declare the Hillsborough--River a navigable stream.
Mr. Ferguson gave notice that he will, on some iutnre day, ask leaye to introduce a bill to amend the several acts, now in force, relative to Depositions. * 0
Mr. Ferguson, from the Judiciary Committee, presented the following report:
The Committee on the Judiciary, to which was referred a petitionandmemorial ofapprtion ofthecitizens ofFranklin County, prayingforamodification ofthe law concerning retailersofspirituousliquors,begleave to
REPORT:
That they have carefully examined the subject, and are convinced by reference to the previous laws on the subject, and by a comparison ofthe.m with the present regulations, that it was never intended to impose alicense tax upon any but such as sell liquor in quantifiesless than a quart. They offer the following act, declaratory, as theythink, ofthe law on the subject.
1/ FERGUSON, Jr.,Chairman Judiciary Committee. Which report was concurred in, the 'bill reported, read the first time, and ordered for to-morrow. The Chair laid before the House the following communication from the Secretary of Florida :
Sbcbetaby’s Office; )
-January 23d, 1845. \ Hon. W. A. Foewaeu,
Speaker ofthe Howe ofRepresentatives : • ■
Sir : I have the honor to enclose herewith, in compliance with the
m
resolution
ofyour honorable body, adopted-on the 20th inst., a list of the Officers therein mentioned, whose commissions will expire prior tothefirstdayofAprilnext. ••.
Respectfully, your ob’t servH., THO. H. DUVAL,
Secretary of Florida.
Which was Teat!: '
ORDERS' OF THE DAY.
A bill to be entitled, an act fo appoint a Board of Port Wardens and Commissioners of Pilotage, for Indian River and Jupiter Bars;
• Was read a second time, Wd ordered to be engrossed for to,mor-row. v ,•
Resolutions, offered by Mr. Bush on a former day, ashing of Congress to convey to Florida the'tract of land on which the Arsenal, near Chattahoochie, is situate, fora Penitentiary; ‘
Was read the second tjme, and ordered for Monday next.
A resolution, adopted by the Senate andrfransmitted to the House, instructing the joint committee, for the preservation .of moifgaged property from waste, &;e., to enquire into the proprety of employingcounsel in a certain case pending before the' Couit of Appeals ;
Was read the third time, aind laid on the table until tO-morrow, A bill to be entitled, an act respecting Witnesses ; Was read the second time, and 'referred to the Judiciary Com
mittee.
Preamble and Resolutions, asking an appropriation from Congress for clearing out and repairing the Road and Bridges between Tampa Bay and Lake Monroe, on the St. John’s River, and for the establishment of a Mail Route from Tampa Bay to Enterprise,
Were read the third time and adopted.Ordered, that the same be certified to the Senate. ’ Resolution reported by the Committee on Finance, on the claim
ofE. A. Ware, Was read the third time and adopted. Ordered, that the same be certified and forwarded to Washington.An engrossed bill to be entitled, A*n Act to legatize certain Elec
tions held in St. Lucie Couhty,Was read the third time and passed, withthe title as stated. Mr. Randolph asked that the rule be waived, so as to permit him
to introduce a bill, according to previous notice given, entided, An Act to permit Nelson Gray to {5ractice law in the Courts in this Territory;
Which was refused by the House, The Senate transmitted to the House a Preamble and Resolutions
on the subject of State Government. Which were read. Mr. McClellan moved to lay the Resolutions on the table, and the
ayes and noes being called for on said motion by Messrs. Heir and Goff, were as follows:
8
t
58


Yeas—Messrs. Child, Crichton, De la Rua, Haddock, Hart, Lor. ing, McClellan, Philips, Speer and Wilkison—10. ,
Nays—Mr, Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Ferguson, Gofij Heir, Ivey, Long, Mays, Porter, Randolph, Spencer, Turnerand Walker—>16.
•So the motion to lay on the table was refused.
Mr. Brown moved that the rule be waived, am} that the Preamble and Resolutions from the Senate be read the second and third time, -and adopted;
On which question the ayes and noes were called for by Messrs. Heir and Goff, and were :
Yeas—Messrs. Baldwin, Brown, Bush, Chapman, Ferguson, Goff, Heir, Ivey, Long, Mays, Porter, Randolph, Spencer, Turner and Walker—15.
Nays—Mr, Speaker, Messrs. Child, Crichton, De la Rua, Haddock, Hart, Lorxng, McClellan, Phjb’ps, Speer and Wilki?on—11. There not being three-fotirths of the House in favor of waiving the rule, the motion was lost. On motion of Mr. Brown, the Preamble and.Resolutions were made the special order of the day for to-morrow. On motion of Mr. Bush, the rule was waived, the bill entitled, “ An act relating to crimes and misdemeanors;” Was taken from the table, and referred to the Committee on the Judiciary.The House, on motion of Mr. De la Rua, adjourned until to-morrow, 12 o’clock.
Fbidat, 24th January, 1845.
TheHouse met pursuant toadjournment, anda quorumbeing present, the Journal of yesterday’s proceedings was read. According to previous notice given, the following bill were introduced, nz:
By Mr. Randolph:
A bill entitled, an act to permit Nelson Gray to practice law in the several Courts of this Territory, Which was read the first time, and ordered for to-morrow. By Mr, Ferguson: A bill to be entitled, an act to amend the several acts relative to
Depositions.
Which was read the first time, gnd ordered for to-morrow.
By Mr. Ivey:
A bill to be entitled, an act to authorize Alexander Hunt to establish a Ferry, on the Suwannee River.
Which was read the first time, and ordered for to-morrow.
By Mr. Bush:
A bill to be entitled, an act to repeal the charter of the Bank of Florida. Which was read the first time, ordered for a second reading tomorrow, and 50 copies of the bill ordered to be printed.
69
Notice whs given of the introduction of the following hills i
No1ice

By Mr. Goff:
Of a bill to.be entitled, an act to amend an act to organise a County to be called Hillsborough County. -, By Mr. Porter: Of a bill to be entitled, an act to amend ail act concerning Dower. By Mr. Brown-: Of a bill to be entitled, an fsct to organize the Volunteer Companyof Cavalry, in the County of Leon, called the Centreville Greys.
By Mr. Chapman: , •'
Of a bill to be entitled, an act in relation to Attachments.
On motion of Mr. Baldwin, Mr. Ferguson was added to the select committee in charge of a petition from sundry citizens of Gadsden
County, praying permission to build a free Bridge across the Ockloc
nee River at a place known as Larkins’ Bridge,
His Excellency the Governor transmitted to the House the following message:
Executive Defabtment, >
Tallahassee, January 34th, 1845. y Gentlemen of the Senate .t and House of Representatives:
I herewith transmit to you a communication, which' I received some weeks since from the Secretary of the Territory, “ shewingthe deficiency in the appropriation made by Congress for the expenses of the Legislative Council of Florida fox the present year, as compared with that of the last.”
I have the honor to he,
Your obedient servant,
JN. BRANCH.
Office of tee Seceetaey, >
Tallahassee, January 2d, 1845. §
StE-—Lest the fact may have escaped your observation, I thipk it ’proper, before the commencement of,the approaching session of the Legislative Council, to apprize you that the Appropriation made byCongress to defray its expenses, is less than that of former years, by$5,260 80.
The amount appropriated by Congress fbr-the pay and mileage of the members of both Houses, and pay of thgir officers, for the present â–  year, is only $14,189.20, which will be*nearly, if not entirely, exhausted by a session of 4Q days. Should you deem the subject worthy ofbeing"broughttothenoticeoftheCouncil, Ibeg leave torefer you to the enclosed abstract for mere full and specific information.
I have addressed a letter upon the subject to our Delegate, enclosing a copy of the within abstract, in the hope that he may be able -to obtain from the present Congress, an appropriation puffici
t
60


ent to Cover thedeficiency which willoccur,supposing the session of the Council to continue seventy-five days.Respectfully, your obedient servant, THCL H. DUVAL, Secretary of Florida. His Excellency Gov. Branch.
* „ -—
ABSTRACT, shewing the deficiency in the appropriation made byCongress for the expenses of the -Legislative Council of Florida, for the present year, as compared with that ofthe last.
The amount appropriated by Congress for the pay and mileage ofthe members of the last-Legislative Council, pay of Officers, Station. , ery,-Fuel, Printing, and for all other incidental and miscellaneous objects,' was ’ $27,125 00
The .amount appropriated for the same objects, for the \ present session ofthe Council, is 21,864 20
Leaving a deficit of 5,260 80
Thejiay of44 members last.year, (not including that of the member from Benton county,) for the session of 75 days, a $4 per diem, was 13,800 00
Mileage of the same, a $4 for eveyy 20 miles, 3,546 40 Pay1 of 10 Officers, a $3 per diem, 2,250 00
19,596 40
Should the present Council sit 75 days, and the pay and mileage of an additional member be added, makingthe whole number 45, the above amount will be increased by, say 400 00
19,996 40 The amount appropriated to meet the above objects, for the present session, is only 14,189 20
Shewing, for a session of ~it days, this deficit, 5,807 20
Should the present Council be composed of45 members, it will be necessary to reduce; the length of the session to 48 days, if the amount of their pay and, mileage, and pay of their Officers, if kept
withintheappropriation |madebyCongress; asappears by,the following estimate, viz : Amt. aporopriated by Congress for the above objects, is $14,189 20 Payof45members for 18days,a'$4perdiem,(includ
ingdouble perdiem tonipeaker oftheHouse and President of the Senate,) â–  9,024 00 For mileage, a $4 for every 20 miles travel,
THO. H. DUVAL, Secretary.
about - . 3,700 00
Pay of 10 Officers a $3 per diem, 1,440 â–  -----------i 14,164 00
Leaving unexpended only, 25 20

9
61
6:t

Which was read, and referred (with the accompanying papers) to a joint committee of both Houses, having in charge the expenses of the present session, with instructions to report thereon..
The Senate returned to the'House the following preamble and resolutions, viz: • 1 Preamble and resolutions, asking of Congress an appropriation for removing obstructions in the Chipola River;
Adopted by the Senate without amendment. i
Preamble and.resolutions, asking an appropriation of Congress for the ereption of a Light House at-Indian -River Bar; Adopted by the Senate without amendment. : . v Mr. Philips presented a petition from Mary Rebecca Roberts, pray, ing for a divorce from John B. Hardin.
Which was read, and indefinitely postponed.
Mr. Ferguson, from the Committee on the Judipiary,, to which was referred the petition of’ Lodowick Ashley,.praying for a divorce, made the followingteport t
The Committee on the Judiciary, to which was referred the peti-tion of Lodowick Ashley, prayingto be divorced from his wife, Patsey,have had the same under consideration, and have instructed me tq
REPORT:
That they are fully impressed.with the inexpediency of Legislative
action in matters of this kind, but believe that the parties agrieved
should resort to our Judicial tribunals, which have" ample and full
power and jurisdiction in all such cases.. They, therefore, recom
mend that the prayer of said petitioner be not granted.
' l. FERGUSON, Chairman.
.Which report was concurred in. .
Mr. Bush moved, all further action on said petition be indefinitely
postponed, and the yeas and nays being.called for'oa said motion by
Messrs. Bush and Loring, were : *
Yeas—Mr. Speaker, Messrs. Baldwin, Bush, Chapman, Child,
Crichton, Crorpaftie, De fa Rua, Fergusop, Goff, Hart, Ivey, Long,
Loring, Mays, McClellan, Patterson, Porter, Speer, Turner, Walker
and Wilkison—22.
Nays—Messrs. Brown, Heir and Philips------3.
,So the motion prevailed, and the subsequent action ori said petition
indefinitely postponed.
ORDERS OF THE DAY.
Preamble and resolutions, adopted by the Senate and sent to the
House for their concurrence, add made the special order of the day
for to-day; . '
Were taken ilp. ; > ,
Mr. McClellan offered the following as a substitute for the second
resolution adopted by the Senate, viz:
Resolved, That our Delegate in Congress be requested, in case
Iowa is admitted of seeks admissioii to the Union, to use his utmost
«
m
Mdeavois

endeavors toprocure the passage ofalawadmittingFloridaalsointo
the Confederacy, with a provision for the future division of the State, and the formation of two States out of the present Territory, as was contemplated and secured to us by the Treaty of 1819 with Spain.
On the question of adopting the amendment of Mr. McClellan to the second resolution, the yeas and nays were called for by Messrs. -McClellan and Haddock, .and were as follows:
Yeas—Mr. Speaker, Messrs. Child, Crichton, He la Rua, Haddock,
Hart, Loring, McClellan, Philips, Speer and Wilkison—11.
Nays—Messrs. Baldwin, Brown, Bush, Chapman, Cromartie, Fer. guson, Goff, Heir, Ivey, Long, Mays, Patterson, Porter, Spencer, Turner and Walker—16.
So the amendment was lost.
The'House refused to suspend the rulps to permit the preamble and resolutions to be read the third time and put upon their passage;
'So they were ordered fer to-morrow.
Mr. Baldwin moved that the rules be waived so as to enablehim to offer a resolution. ^ .
. Which was granted; / „
And he presented the following!
Whereas,The Committeeon Corporations havenotreported, and it is desirable that they do so before the appointment of Directors of the Union Bank. Thexefeie,
Be it'Resolved, That his Excellency the Governor be respectfully requested to defer the nomination of said Directors till the first February.
Which was read and adopted.
On the question ofadjournment until Mohday, 11 o’clock, the ayes and noes were called for by Messrs. Baldwin and Long, and were as follows :
Yeas—Messrs. Cromartie, Hart and Philips—3.
Nays—Mr. Speaker, Messrs. Baldwin, Brown, Chapman, Child, Ciichton, Goff Haddock, Heir, Ivey, Long, Loring, Mays, Patterson, Porter, Speer, Spencer, Turner, Walkerand Wilkiso/i—21.
So the House' adjourned until to-morrow, 11 o’clock.
Satubday, 26th January, 1845.
The House met pursuant to ^adjournment, and a quorum being present the Journal of yesterday’s proceedings was read.
Mr. L. D, Rogers, the member elect from Benton County, to fill the vacancy occasioned by the death of James Gibbons, Esq., appeared, presented a certificate of his Election, and was sworn in byAlexander Cromartie, Esq,, a Justice of the Peace for Leon County. . According to previous notice given, the following Bills were in
troduced by leave given:
By Mr, Brown—
A Bill to be entitled, An Act to organize the Centreville Greys, in the County ofLeon;
63


. Which was read the first tithe, and orderedfor Monday next.
By Mr. Walker—■ ' v
A bill to be entitled, "An Act to alter and .fix the -time for holdingthe Spring Term of the Superior Court for Wakulla Co.unty;
Which was read the first time, and ordered for Monday next.
The Chair laid.before the-'Housp ’•&. petition addressed to the Speaker of the Hofrse, signed byJohn Browren and others, citizens ofWakullaCdunty,praying arepeal.of-the,JawmakingNewPort the County site for said County, and asking thq.passage of a law appointing Commissioners, and authorizing the citizens of Wakulla-County to select a County'site,' purchase land, and lay off lots, &c., for said purpose; 1 '
Which was read, and referred to a Select Committee heretofore appointed on matters relating, to said County^”' • ..
Mr. Ivey offered the following Preamble and Resolutions, wiz:
Whereas, it is important that the.members 'of this House have private Stationery-for their owri use, and to haVe some regulation of thesame : .
Be it Resolved, Thateach memberbe allowedtopurchase such Stationery as he may require : Provided,, the same shallnotexceed the value of ten-dollars.
Which was read the first time amfordered for Monday.Mr. Heir offered the following Resolution: Beit Resolved by the House of Representatives, That seatsbi pre
pared for the accommodation of the'Ladies who may honor us with their presence ; and that they are respectfully invited to attend uponsuch days as they may deem the subjects before the House of sufficient interest to merit their attention.
Which was read and unanimously adopted.
The Senate returned to the House-the following Bills :
An Act to alter and change tBe-name of Mosquito County to that
of Orange ; ' .‘
Passed by the Senate without amendment. Also,
An Act to authorize Jesse Donaldson to establish a Ferry across
Yellow River, in Santa Rosa County; , •
Passed by the Senate without amendment.
The Senate transmitted to the House, as originating and passed
bythatbody;’ * , * ' .
An Act to consolidate Civil Actions in certain cases;
Which was read the first time, and ordered for Tuesday next.
Mr. Wilkison offered the following Preamble and-Resolution, viz :
Whereas, the to\Vn of Milton, in the eoutity of Santa*Rosa, from
its position and advantages in a commercial point of view, has be
come an important port, engrossing a large portion of the trade of
South Alabama and West Florida: And whereas, great inconveni
ence now results from the fact that if is not a port of entry and de
livery; ' '
Be it therefore Resolved, by the Governor and Legislative Council
of the Territory of Florida, That our Delegate in Congress be re
quested to procure the immediate passage of a law establishipg a
64
tr
separate port-of entry and delivery at the town of Milton, and that a separate

copy hereof be transmitted to our Delegate, and a copy to the Hon. the Secretary ofthe Treasury ofthe United States. Which was read andordered forMonday.
ORDERS OF THE DAY.
â– Preamble andresolutions* from theSenate, onthe subjectpfStats â– Government.;
Were, on.roolion, taken up.
Mr. Childmovedthat-aptamendment,prepared byhimand sent to the Clerk’s desk, be received as an engrossed rider.. The Chair decided the same out of order. On the question of the adoption of the preamble and resolutions,
the yeas and nays were" called for by Messrs. Heir and Child, and
•were as follows: ,
Yeas-r-Mr.,'Speaker, Messrs. Baldwin, Brown, Bush, Chapman,Crichton, C'romartie, Ferguson, Goff, Heir, Ivey, Long, Loring, Mays,McClellan, Patterson, Porter, Randolph, Rogers, Spencer, Turner, Walker and Wflkison—23.
Nays—Messrs. Child, De la Rua, Haddock, Hart, Philips and Speer—6. .. ' x
Before the announcement-of the vote, Mr. Loring moved that a .committee of three be appointed'to-wait o.n Mr. Sanchez, who was {absent from indisposition,, and.receive his vote on said question.
The motion prevailed, and Messrs. Philips, Heir and Speer were
appointed that committee.,
On motion of Mr. Goff, leave was granted for the reception of the
votes of Messrs. Allison-and Taylor.(both absent) on said question,
on their return*if."they desire-to record the'same.
The committee appointed,to’receivethe yote of Mr. Sanchez, on the adoption of the preamble and resolutions from the Senate, on the subject of State Government; .reported that Mr, Sanchez voted in the affirmative. * * . *" *' , „
So the vote was announced: •,
Yeas, ^ 24
«Nays, ---•?. . ,»-6
So the preamble and resolutions were adQpted, and prdered to be
certified to the-Sehate. . „ --.
Anactinrelation toretailers.ofSpiritousLiquors ;•
Was read the second time, 'and laid on theitable.
The House adjourned until Monday, 12 o’clock.
Moitoay, 27th January, 1845. * .
The House met pursuant to adjournment, and a quorum being pre* sent, the Journal of Saturday’s proceedings was read.' Mr. Patferson gave notice of his intention,onsome future day,-to 'ask leave to introdtide a bill entitled, an act for the purpdse df fiuild! ing a. County Jail in Monroe County, and for other pdrposes; Mr. Lodg gave ridtice that he would, dn some futtire day, ask leave to introduce a bill to be entitled, An act making it £' criminal offence,
65


for an. Attorney at Law or Justice of the Peace to collect money and not pay the same ovey to its proper owners. Pursuant to previous notice given, the following bills were intro*
duced, viz:—
By Mr. Baldwin -,
A bill to be entitled, an act to, establish and regulate Pilotage on the waters and harbors of Dade County. _
Which was read the first time, and ordered for to-morrow.
By Mr. Loring:
A bill to be entitled, an act to amend the several acts now in force in regard to summoning Jurors. (Which was read the first time, and ordered for to-morrow. By Mr. Mays: A bill to be entitled, an act to provide for the sale of equities of Redemption.
Which was read the first time, the rule waived, read a second time and refered to the Judiciary Committee. Mr. Long offered the following resolution, viz: Resolved, That a select committee of three members of this House
be appointed to enquire,
1st. Whether the St. Andrews and Chipola Canal Company have incurred a forfeiture of their charter of incorporation, and if they so find, ’*
2d. What measures are most proper and expedient to adopt in order to have such forfeiture enforced. Which was adopted, and Messrs. Long, De la Rua and Porter were appointed that committee. Mr. Bush, from the Committee on Enrolled Bills, made the following Report: The Committee on Enrolled Bills beg leave to REPORT: That they have examined the following Bills, Preamble and Resolutions, and find them correctly enrolled, viz: An Act to alter and change the name of Mosquito County to that of Orange;An Act to authorize Jesse Donaldson to establish a Ferry, across Yellow River, in Santa Rosa County;Preamble and Resolutions asking Congress to remove obstructions in the Chipola River;Preamble and Resolutions asking an appropriation of Congress for the erection of a Light House at Indian River. All which is respectfully submitted. '
A. H. BUSH, Chairman. Which was read and concurred in.
ORDERS OF THE DAY.
An Engrossed Bill to be entitled, An Act constituting a Board of Wardens and Commissioners of Pilotage for Indian River and Jupiler Bars,
9
Was
read the third time and passed, with the title as stated.
A Bill to be entitled, An Act for the Protection of the Rights of Females,
Was read a second time ;
On motion of Mr. Baldwin, the House resolved itself info Committee ofthe Whole, Mr. Patterson in the Chair, on said Bill. After some time spent in considering the same, the Committee 'rose, and by their Chairman reported progress and asked leave to sit again;
Which report was concurred in.
The House then adjourned until to-morrow, 11 o'clock.
Tuesday, 28th January, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read. On motion of Mr. Heir, the House adjourned until 3 o'clock, P. M,
3 o’clock.
The House met pursuant to adjournment.
Mr. Baldwin, according to previous notice, asked leave to intro
duce a bill to be entitled, An Act to amend an act to raise a revenue
for the Territory,-approved Nov. 22d, 1829 ;
Which was read the first time, the rule waived, read a second and
third time and passed, with the title as stated.
Mr. Heir presented a petition from Agnes Bell, praying a divorce
from her husband, Joseph G. Bell; ,
Which was read, and referred to a Select Committee, consisting
of Messrs. Heir, Bush and Rodgers. 1
Mr. Speer presented a petition from A. Jernigan and others, citi
zens of St. Lucie county, praying the removal of the boundary line
between St. Lucie and Mosquito Counties;
Which was read, and referred to a Select Committee, to consist
of Messrs. Speer, Hart and Loring. »
Mr. Child presented a petition, praying for the divorce ofPrinnina
Stephens from her husband Burrell H. Stephens.
Which was read, and referred to a Committee to consist ofMessrs.
Heir, McClellan and Patterson.
Mr. Haddock presented a petition from John Russell, praying fora
Divorce:
Which was read and indefinitely postponed.
Mr. McClellan presented a petition from N. W. Pease, and oth
ers, praying a repeal of the law regulating the retailing of Spiritpous
Liquors,
Which was read, and referred to the Committee on the state ofthe
Territory. '
67


Mf. Crichton, from the Committee on Claims, made the following report:
The Committee on Claims, to whom was referred the account of Gibson & Hibbard, for printing for the Executive Office in the year 1841, beg leave to
REPORT:
That they have had the same under consideration, and find it to be correct, and recommend the following resolution: ‘ ■
Resolved by the Senate and House of Representatives in Council assembled, That Congress be requested to pay said account, and that our Delegate, the Honorable David Levy, be requested to use his best endeavors to effect the same.
A. W. CRICHTON, Chairman. Which was concurred in, the resolution reported, read' the first
time, the rule waived, read the second and third time, and adopted.
Ordered that the same be certified to the Senate.
Mr. Ferguson, from the Judiciary Committee, made the following report:
The Committee on the Judiciary, to which was referred the bill respecting Witnesses, have had the sa'me under consideration, and report the same back to the House without amendment.
I. FERGUSON, Chairman. Which report was concurred in, and the bill ordered for a second
reading to-morrow. The House adjourned until to-morrow, 10 o’clock.
Wednesday, 29th January, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceeding was read.
Mr. Rogers gave notice that he will, on some future day, ask leave to introduce a bill to be entitled, an act to provide for the holding of an additional Term of thp Superior Courts, in the Eastern District, in the County of Benton.
Mr. Baldwin moved that Messrs. Goff and Rogers be placed on some of the standing committees of this House.
Which motion prevailed.
Mr. Goff was added to the Committee on Corporations, and Mr. Rogers to the Committee on Schools and Colleges.
On motion of Mr. Baldwin, a Committee was raised on Propositions and Grievances, and Messrs. Baldwin, Heir, Goff, Rogers and Haddock were appointed said on committee.
Mr. Heir moved to be excused from serving on said committee.
Which was refused.
Mr. Baldwin presented the following preamble and resolutions:
Whebeas, several years have elapsed since the abandonment of the Light House at Key Biscayne, Cape Florida: And whereas, the
68


whole line of Coast in which Cape Florida is comprehended, has always been considered as dangerous to the navigation of vessels bound to and from any point in the Gulfof Mexico: And whereas, the establishment of the Light at Cape Florida is necessary, not only to the ponvenience of masters of vessels, but also to the safety of navigation, of life and ofproperty-) which have so often been demonstrated by the frequent occurrences of wrecks along said coast. Therefore,
Be’it Resolved by the Governor and Legislative Council of the Territory of Florida, That our Delegate in Congress be. earnestlyrequested to use his best exertions to procure the re-establishment of the Light at Key Biscayne, Cape Florida, and to urge the absolute necessity therefor.
Resolved, That a copy of this Preamble and Resolutions be forwarded to the Hon. David Levy, immediately after its adoption and approval.
Which were read the first time, and ordered for to-morrow.
Mr. Spencer offered the following resolution :
Resolved, That the Secretary have printed for the use of the House, thirty-one copies of the list of officers (communicated by the Secretary) whose commissions expire prior to 1st April next.
Which was read the first time, and ordered for to-morrow.
Mr. Spencer offered the following resolution :
Resolved, Thatthe Secretary haveprinted------copiesofthedocuments, accompanying the Governor’s Message, relating to Schools and Education, and furnish them to the members of this House.
Which was read, and laid on the table.
Mr. McClellan offered the following resolution : . Be it Resolved by the Senate and House of Representatives, That
this Legislative Council will adjourn, sine die, on Saturday, the 22d
February next.
Mr. Loring moved the indefinite postponement of said resolution, and the yeas and nays being called for by Messrs. McClellan and Cromartie, were as follows:
Yeas—Messrs. Baldwin, Brown, Bush, Crichton, Ferguson, Goff, Hart, Heir, Ivey, Loring, Mays, Patterson, Porter, Speer, Spencer and Walker—16.
Nays—Mr. Speaker, Messrs. Chapman, Child, Cromartie, De la Rua, Haddock, Long, McClellan, Philips, Rogers, Sanchez, Turner and Wiikison—13.
So the motion, to adjourn sine die 22d February, was postponed indefinitely.
Mr. Baldwin offered the following preamble and resolutions, viz
WhJseeas,gieatinconvenienceissuffered bythecitizens residingat Cape Florida, in consequence ofthe obstructions existing in the Miami river and at its mouth, for about one hundred j'ards distant, occasioned by the late severe storms which have raged along the coast: And whereas, the expense which the Government would incur in the removal of such obstructions would be but small. Therefore,
Be it Resolved by the Governor and Legislative Council of the Territory of Florida, That the Hon. David Levy be, and he is here
69


by requested, to exert himselfto procure from Congress an appropriation of twenty-fire hundred dollars, for the purpose of.removing
the obstructions in said River.
Resolved, That a copy of this Preamble and Resolutions be, forwarded to our Delegate, immediately after its adoption and approval.
Which were read the first time, and ordered for to-morrow.
Mr. Sanchez offered the following preamble and resolutions:
Whereas, the Counties of Alachua, Marion, Benton and Hillsborough,-have greatly increased in population: And whereas,,there ha% beeii a mail route established from Newnansvillp, Alachua County, to Tampa Bay, in Hillsborough, a distance of one hundred and sixty-five miles: And whereas, the opening of a road leading from Newnansville to Tamp'a Bay, would be ofthe greatestutility and convenience, to a large portion, of the citizens of East Florida, as well as to the whole country, which would be a consideration not unworthy of notice, it being desirable that the mails should be transported with the least possible delay. It is, however, certain, that some considerable portion of this road must, of necessity, passthrough some unhabited districts of country, thereby preventing its construction without the aid of an appropriation : And whereas, to open the whole of said road, would cost government an amount in no wise equivalent to the advantages that would result therefrom.— Therefore,
Resolved by the Governor and Legislative Council of the Territoryof Florida, That our Delegate in Congress be, and he is herebyrequested to use his best exertions, to procure an appropriation of five thousand dollars, for the cutting and clearing out of said rpadfrom Newnansville to Tampa Bay.
Be itfurther Resolved, That so soon as the foregoing Preamble and these Resolutions shall have been adopted, a certified copythereof be forthwith transmitted to the Hon. David Levy, our Delegate to Congress.
Which were read the first time, and ordered for to-morrow.
Mr. Ferguson, from a select committee, to whom was referred the petition of sundry citizens of Gadsden County, praying for a charter to build a free Bridge across the Ocklocknee River) reported a bill to be entitled,
An act to authorize the citizens of Gadsden County to build a free Bridge across the Ocklocknee River. Which report was read, leave granted the Chairman to withdraw it, and poweis granted said committee to send for persons and papers.
The Senate transmitted to the House a preamble and resolutions asking our Delegate to endeavor to procure the passage of a law to graduate and reduce the price of the Public Lands.
Which was read the first time, the rule waived, read.a second and third time, and on the question of the adoption of the same, I he yeasand nays were called for by Messrs. Heir and Child, and were as follows :
Yeas—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Child, Crichton, Gromartie, De la Rua, Ferguson, Goff, Haddock,
7D
70

Hart, Heir, Ivey, Long, Loring, Mays, McClellan, Patterson, Philips,Porter, Randolph, Rogers, Sanchez, Speer, Spencer, Turner, Walker and Wilkison—30.
Nays—None.
So the preamble and resolutions were adopted unanimously.
ORDERS OF THE DAY.
The House, in the committee of the whole, Mr. Patterson in the chair, resumed the consideration of the bill to be entitled, An Act for theprotectionoftherightsoffemales. After sometimespenttherein, the committee rose, reported progress rtnd asked leave to sit again;
Which report was concurred in. On motion of Mr. Brown, leave ofabsence was granted to Mr. Cromartie for to-morrow. Mr. McClellan moved that the rule be waived to permit him'to introduce a bill f
Which motion was refused.
The House adjourned until to-morrow, 10 o’clock.
Thursday, 30th January, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read.
Mr. Hart gave notice that he would, on some future day, ask leave to introduce a bill to be entitled, an act to exempt private Libraries from execution.
According to previous notice given, Mr. McClellan asked leave to introduce a bill to be entitled, an act to provide for the election of Justices of the Peace.
Which was read the first time, the rule waived, read the second time, and referred to the Judiciary Committee.
Mr. Brown gave notice that he would, at some future time, ask leave to introduce a bill to be entitled, “ An act to amend an act giving a Lien to Mechanics in certain cases.”
Mr. McClellan gave notice that he would, on some future day, ask leave to introduce a bill to be entitled, an act to amend an act incorporating the town of Columbus, in Columbia County,
Mr. Loring gave notice that he would, on some future day, ask leave to introduce a* bill to'provide for the election of County Commissioners for County purposes.
Mr. Sanchez presented a petition from a number ofthe citizens of Alachua County, praying for a new County to be set off, to be called Levy County.
Which was read, and referred to a select committee to consist of Messrs. Loring, Rogers, Child, Goff and Porter. Mr. Loring presented the memorial of P. B. Dumas, Clerk of St. John’s County. Court, calling the attention of the Legislative Council
71


to the existing laws relating to “ Administration of Estates, Guardians of Minors, County business,” &c., &c.
Which was read, and referred to the Judioiary Committee.
Mr. Ferguson,from the.Judiciary Committeetowhich wasreferred a bill to be entitled, an act to amend an act relating to crimes and misdemeanors, reported said bill back to the House, with sundry amendments.
Which report was concurred in, and the amended bill ordered for a sgcond reading to-morrow. * Mr. Heir, fiom a select committee, to which was referred the petition of Agnes Bell, praying for a divorce from her husband, Joseph
G. Bell, reported,
A bill to be entitled, an act to divorce Agnes Bell from her husband, Joseph G. Bell, and to change the name of said Agnes Bell to that of Agnes Woolf.
Which report was concurred in, the bill reported, read the first time, and ordered for to-morrow.
Mr. Heir, from the select committee to whom the petition of Prima Stephens, praying for a.divorce from her husband, Burrel H, Stephens, was referred, reported a bill to be entitled, “ An act for the relief of Prima Stephens.”
Which report was concurred in, the bill Tead, and ordered for tomorrow.
The Senate returned to the House a preamble and resolutions,
adopted by the House, asking an appropriation from Congress for a
survey of that portion of country lying between the head waters of
Indian River and the River St.. John’s, with a yiew to the opening
of a Canal to connect the two Rivers, and informed the House that
that body had adopted said preamble and resolutions, with the follow
ing amendment, to come in after the first resolution, viz:
Be itfurther Resolved, That our said Delegate be requested to
urge the appropriation by Congress of a sum sufficient to defray the
expenses of a survey of the water courses and intervening land, lying
between the head of Indian River and Cape Florida, with a view to
the ultimate connexion of said’water courses by Canal, for the pur
pose of forming an inland water communication to Cape Florida.
Which amendment was read, and concurred in.
Ordered that the same be certified to the Senate.
The Senate transmitted to the House a preamble and resolution,
requesting the Delegate in Cpngress to procurc-for the inhabitants of
the .first Township in Range one, North and East, the privilege of
locating a Section elsewhere in place of the 16th Section granted by
the Government to the late General La Fayette.
Which was read the first time, and ordered for to-morrow.
ORDERS OF THE DAY.
A bill to be entitled, An Act for the Protection of the Rights of Females,
Was ordered for Monday next.
72


The House resolved itself into Committee of the Whole, Mr. Brown in the Chair, on a bill to be entitled. An Act in relation to retailers ofspirituous liquors.* After seme time spent therein, the Committee rose, and reported the bill back to the House as amended,
Which report was concurred in,-and ordered for to-morrow. A Resolution hum the Senate, to raise a Joint Committee for the
preservation ol mortgaged property from waste, die., Was read a third time, and laid on the table. Resolutions in relation to a Penitentiary,Were read the third time, and laid on the table until Tuesday next. A bill to be entitled, An Act to repeal the charter ofthe Bank of
Florida,
Was read the second time, and referred to the Committee on Corporations, with powers granted to send for persons and papers. 1 An Act to authorize Alexander Hunt to establish a ferry on the
, Suwannee River,Was read a second time, and ordered to be engrossed for to-morrow. A bill to be entitled, An Act to amend the several acts relative to Depositions, Was read a second time, and referred to the Judiciary Commit, tee. A bill to be entitled, An Act to permit Nelson Gray to practice law
in the several Courts in this Territory,Was read the second time and referred to the Judiciary Committee. A bill to be entitled, An Act to organize the Centreville Greys, in
the county of Leon, -Was read the first time, and referred to the Committee on Militia. Preamble and Resolutions relating to the town of Milton, in Santa
Rosa County,Was read the second time, and ordered for to-morrow. A bill entitled, An Act to alter and fix the time of holding the
Spring Term of the Superior Court of Wakulla county,Was read the second time, and referred to a Select Committee, to consist of Messrs. Ferguson, Heir, Bush, Mays and Loring.A bill to be entitled, An Act to amend the several acts now in
force in regard to .summoning Jurors,Was read the second time, and referred to the Judiciary Committee. A bill to be entitled, An Act to establish and regulate Pilotage on
.the waters and harbors ofDade county,Was read the second time, and ordered tobe engrossed for to-mor
row. A bill to be entitled, An. Act respecting Witnesses,Wasreadthesecondtime,andordered tobe engrossedforto-mor
row. Preamble and Resolutions relative to a Light House on Key Biscayne, Cape Florida, Were read the second time, and ordered to be engrossed for tomorrow.
Preamble and Resolutions-asking of Congress an appropriation to
Preamble

remove obstructions in Miami River,
Were read the second time, and ordered to Le engrossed for to-morrovv. ( ,'.'
Preamble and’Resolutions relative to the opfening pf a’road from Newnansville to Tampa Bay,
Were read the'se.Cpnd timfe, and Ordered for to-morrow.
A -Resolution offered by Mr. Spencer on a. former day, directing the printing ofthirty-one'copies of the lisf of officers whose term of office expires prior to 1st April next,’ . ' ' ,
Was read the second time; arid-withdrawn.
The House adjourned until to-morroW, 11 o’clock.
* r Friday, January 31, 1845.
The House met pursuant to adjournment,and a quorum being pro-sent, the Journal of yesterday’s proceedings was read.
Mr. Heir moved that his colleague,' Mt: Taylor, be permitted to record his vote on the adoption ofthe preamble and resolutions relating to State Government.
Which motion prevailed, and Mr. Taylor recorded his vote iq the
affirmative. -• ' *
Mr. Randolph presented a petition from the Pilots of the Fort of
St. Marks, and sundry citizens of the town of St. Marks, praying a
repeal of laws regulating Pilotage for said port, &e.;
Which was read, and referred to select committee, Iq consist of
Messrs. Walker, Patterson, Spencer, Goffr Brown, Baldwin and Lo-
ring. -’
Mr. Brown presented the petition of D. D. Young,.praying relief
from his liability on an estreated recognizance, &c. ;
• Which was read and referred tb the Judiciary committee. Mr. Heir presented a petition from the Trustees of the Jefferson Academy; • >., Which was read,, and on motion of Mr. ^Taylor, referred to the committee on Schools and Colleges. * Mr. Baldwin moved that the rules be"waived, and he be pefmifted to introduce a motion ; * .
Which wds granted;' and Mr. Baldwin qwred that‘the committee on Propositions and Grievances be requested to examine the accounts and books of the Auditor and Treasurer of this Territory, and to send for persons and papers, and report to this House on’as early aday as possible ;
Which was read and adopted. -Mr. Walker offered the following preamble and’resolution :
Resolution respecting donation of Public hands to the County of Wakulla,fora Court House, andfor Commori Schools.
Whereas, the County of Wakulla is covered entirely by the Spanish grant to Forbe’s & Co., confirmed to the claimants according to law, and by reason whereofthe inhabitants of said County have been
10
I

deprived of the benefit ofthe donation granted to other Connties, of a quarter-section ofland for a county site, and of every sixteenth section in each Township, for Common Schools; given to the people in all the new States and Territories : And whereas, said County was principally settled before.the confirmation ofthe said grant, underthe beliefthatitbelonged totheUnited States, andthatthesettlers would receive the benefit ofsuch donations, and.larger quantities of publiclandwere entered andpaidforby someofthemin confidence^thereof the price of which has since been repaid by the United States without interest:
Be it therefore resolved, ThattheDelegate inCongressherespect, fully requested to procure an appropriation of a quarter section of land, the proceeds of which to be applied by the (Commissioners to be elected by said county, to a Court House and Jail in said county, in such place as the people may select by law, and also an appropriation often sectionsofland,tobe appliedby County Commissioners, to be elected by thejjeople, to the support of Free Common Schools in said county.
Which was read and ordered for to-morrow.
Also the following:
A Resolution respecting the Navigation of the St. Marks River.
Whereas, in consequence of a destructive storm in September,1843,the town'ofPortLeonandthetownofSt.Marks, were utterlyoverflowed by flood and destroyed, and the inhabitants thereof were obliged to found a new town, called New Port, several miles up the said river, which town is now the county site of Wakulla county:And whereas, the navigation of said river, above the junction with the Wakulla river, could be greatly improved by an appropriation from Congress, in addition'to that heretofore granted, and which has been neglected to be expended by tbe Government;
Be it therefore Resolved, That the Delegate in .Congress be requested to procure the expenditure of the appropriation heretofore jpade, during the next spring, end also to procure an additional appropriation from Congress, to be applied in the same manner—and that a copy of this Resolution be transmitted tp our Delegate, immediately after its adoption.
Wh,ich was read and ordered for to-morrow.
Also the following :
Jl Resolution respecting & Roadfrom Sopchoppi to Apalachicola.
, Whereas, apublicroad from Sopchoppi, inthecountyofWakulla, along the .coast to the Apalachicola Bay, opposite the city of Apalachicola, would be ofgreat public benefit and convenience, and would intimeofwar beofservice in thedefence ofthecountry, andwould facilitate the transportation of the mail between Apalachicola*and Tallahassee : And whereas, that portion ofthe country through which said road should be made, which lies in the county ofGadsden,, is unsettled, and the people of Wakulla county, if they had authority to construct such road in the county of Gadsden, are unable to hear the expense thereof:
Be it therefore resolved by the Governor and Legislative Gouncil of
75
V5

the Territory of Florida, That the Delegate in Congress be respectfully requested to solicit an appropriation by Congress of five thousand dollars, to be expended ip the donstruction of such road bythree Commissioners, to be appointed by the County Courts of Wakulla andPGadsden counties, and the Common Council of the city of
Apalachicola, in aid of such appropriations, and contributions as maybe otherwise made for said road, , . ^ .Resolved, That the Governor be requested to transmit, duly certified, a copy of the above preamble and resolution to the Delegate.
Which were read and ordered for Monday-*
Mr. Hart offered the following preamble and resolutions:
Whereas, on the fifteenth day of June, A. D; 1844, an act of Congress wag passed, making an appropriation of one thousand five hundred dollars, for connecting the waters of Indian River and Musquito Lagoon, at the Haulover: And whereas, seven months have now elapsed since the said appropriation was made, and no application has been made of any part thereof) to the purposes for which it was intended : And whereas, the necessity which induced Congress’ to make the, appropriation,’ still’exists; in all its hideous shapes and direful effects, causing a portion of the citizens of this Territory'to sailer great and almost insurmountable hardships,'and must continue so until the said appropriation is applied;
Be it therefore Resolved, by ills Governor and Legislative Council of the TerritoryofFlorida, That our Delegate in Congress be, and he is hereby respectfully requested to urge upon the appropriate Department at Washington, the great necessity of immediately applying the said appropriation'. . **•
Be it further Resolved, That as'soon as this Preamble and Reso
lution shall have passed both Houses, and been approved by the Go
vernor, a duly authenticated copy thereofbe forwarded to our Dele
gate in Congress. '
Which were read, and ordered for Monday next.
The Senate transmitted to the House the following message
Senate, January 31,1845.
Tothe Speaker oftheSouseofRepresentatives:
' Sir:—The Senate has passed the bill from the House of Repre
sentatives entitled, “ An Act to legalize certain elections in St. Lucie
county,” with amendment, by striking out the-third section.
Also, the bill entitled, “ An Act to authorize the Clerk ofMosquito
County Court to keep his office at his place of residence, and for
other purposes,” with amendment, by stiiking out the word “Mos
quito,” and inserting the word “ Orange” wherever if occurs,
(Attest) THOS. F. KING,
Secretaiy Senate.
Which was read.
The House concurred in the amendment* of the Senate to the bill
entitled, an. actto legalize certain elections held in, St. Lucie County.
The bill entitled, an act to authorize the Clerk ofMosquito CountyCourt to keep his office at his place of residence, and for other purposes, amended in the Senate;'
76


Waslaidonthetable,„ , , ' •
TheSenatetransmitted tothejBousearesolution, proposing to add. two members of the Senate with such number from the House as they may deem proper to appoint, on a resolution from the Senate on the subject of securing property mortgaged for the payment%f Faith Bonds from waste, &c; ,
Which resolution was adopted, and IJIessrs. Loring, Brown and Long were added to saidjoint committee on the part of the House.
Ordered that the same be certified to the Senate.
The Senate returned tothe House£ preamble andresolutions, asking of Congress .an appropriation.for opening a road from Columbus to Gareyis Ferry; Adopted by the Senate without amendment. , Also, preamble and resolutions asking an appropriation for a Road and Mail Route from Tampa Bayto Enterprize;
Adopted by the Senate without,a.mendment.
A,resolution from the Senate, requesting the Delegate in Congressto-pbtani.theappropriation ©F$10,000 in.additiontothe sumalready appropriated for the expenses of the present session of the Legislature Council 5
. Was read and adopted unanimously.
Ordered that the same be certified to the Senate.
A Resolution from the Senate to adjourn sine die, 22d February nest, Was read the first time, and laid on the table until 22d February next.
Mr. Heir moved an adjournment until to-morrow, 10 o’clock, upon which ther ayes and noes were called for by Messrs. McClellan and Haddock, and were :—
Yeas—Messrs. De la Rua ancfjieir—2.
Nays—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, Ferguson, Haddock, Hart, Ivey, Long,Loring, Mays, McClellan, Patterson, Philips, Porter, Randolph, Rogers’, Sanders, Spenqer, Taylor, Turner, Wilkison—26.
A resolution from the Senate, directing the Commissioner to proceed forthwith! to dispose of the Lands and Lots granted for the erection of a Capitol, &c.;
Was read the first time, and ordered for Monday.
A JrilL from the Senate* entitled, an act to amend the law, approved March 15,1844, to incorporate the inhabitants gf the different Townships of this Territory; *
Was placed among the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled, aa act respecting Witnesses;
Was read a third time, and passed, with the title as stated.
An act to authorize Alexander Hunt to establish a Ferry on the Suwannee River;Was read a third, and passed, with the title as stated.
77
"11

An engrossed bjll entitled) an act to establish and regulate Pilot-age on the waters and in barbprs of Dade County ;.Was read the third tiaier anjpassed, with the title as stated.
Preamble and resolutions, asking, an appropriation for removingobstructions in Miami River, were read, and on the question of their adoption, the yeas and nays Yeas—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman,Child, Crichton, Cromarlie, De la Rpa, Fergpson, Haddock, Hart, Heir, Ivey, Long, Loripg, Mays, McClellan,-Patterson, Philips, Porter, Randolph, Rogers, Sanchez,.(Spejicer, Taylor, Tamer and-Walker—28. ^ • >
Nays—Mr, Wilkison—1. , . ,
-Bo the same were adopted*, . > > ,
Preamble and resolutions^ relative to a Light House on Key Bis* cayne, Cape Florida j • Were read the third time, and adopted. Ordered that the same be certified to the Senate,,, A bill-entitled, an act for the relief of Prima Stephens ; Was read the second time, and postponed until Monday next. An act relating fo crimes and misdemeanors^ . Was read, and ordered for Monday next. ' . A bill to be entitled, an act to divorce Agnes Bell, &c. jWas postponed to Monday next. Preamble and resolutions from the Senate, relating to the location
of Sixteenth Sections by the inhabitants of La Fayette Township; ,
Were read, and referred to the Committee on Schools and Colle* ges.An act in relation to retailers of Spirituous Liquors ; • Was-ordered for Monday next. -( * Preamble and resolutions relative to opening a road fro.m Newnansville to Tampa Bay; , ,• «.
Were read the third, timekand adopted, find ordered to be certified to the Senate. , , Preamble and resolutions, respecting the town of Milton; . Were read, adopted, find ordered to bn certified to llie Senate,* The House adjourned until Monday, 12 o’clock,
* Monday, 3d February, 1845. , „ .
The House met pursuant to adjournment, and a quorum being present, the Journal of Friday’s proceedings was read. *
Mr. Long gave notice that, on some future day, he will ask leave to introduce a bill to be entitled, an act to authorize Lewis Miller, Sen’r., to establish a Ferry across Holmes’ Creek.
Mr. Goff gave notice that be would, on a future day, ask leave to introduce a bill to be entitled, an act to establish a board *of Port
78


Wardens.and Commissioners of Pilotage for the harbors and waters of Tampa, in Hillsborough County." '» ' H
Mr. Cromartie gave 'notice that he will) > on some future day, ask leave to introduce a bill to-be entitled, an act to.incorporate the Trustees of the Methodist Episcopal Church of Pisgah,
Mr. Brawn, on leave granted, introduce a bill to provide for the more perfect administration of justice in the ^fiddle District of Fibrida. " ' ’‘*
Which was vead the first time, and ordered for to-mofrow.
Mr. Loring, pursuant to previous notice given, introduced a bill fo change the time of holding the Superior Courts for the" Counties of St. John’s, MosquitoandSt.Lu^ie, in theEastern District ofFlorida.
Which was read the first time, and ordered for to'morrow. His Excellency the Governor transmitted to the House, thefollowing communication;
Executive Department, ?
TallahasSee>*F%bniary 3d, 1845." £
Gentlemen ofthe Senate andHouse ofRepresentatives :
I. have approved .the following Acts and Resolutions of the Legistlature at its present session : ' 1st—An Act-to alter and change the natne of Mosquito County to that of Orange.
2d—A Preamble and Resolutions relative to an appropriation by, Congress for the removal of obstructions in the rivers Ocklawaha and Withlacoochee, and the establishment of a mail route to New River, in Columbia County.
3d—A Preamble and Resolutions relative to the admission of Flo
rida to the Confederacy.
4th—A Preamble and Resolutions relative to the repairing the road from Jacksonville in East Florida to the Mineral Springs.
5th—An Act to change,,the name ofMartha E. Cahoon.
6th—A Preamble and Resolutions relative to’the malting navigable the Chipofa river. 7th—A Preamble and Resolutions relative to the construction of a Light-house at Indian River Bar. ---* 8th—An Act to authorise Jesse Dorialdson to establish a Ferry across Yellow River in Santa Rosa county.I have the honor to be,
JNO. BRANCH.
Which was read.
Mr. Harlp pursuant to previous notice, asked leave to introduce a
bill to be entitled, “ An act to exempt private Libraries from execu
tion".^
,Which was read the first lime.
’ Mr. De la'Rua moved the indefinite postponement of the bill, and
theyeas andnays"beingcalledforonsaidmotion"byMessrs, Dela.
Rua and Loring, were'as follows : . yeas—Messrs. Dela Rua and Wjlkison—2. Nays—MR Speaker, Messrs. Brldwin, Brown, Busb," Chapifian,
Child* Crichton, Cromartip, Goff, Haddock, Hart,.Heir, Ivey, Long,
Child,.

Loring, Slays, McClellan, Patterson, Philips, Porter, Randolph', Rogers, Sanehe?, Speer, Spencer, Taylorand Turner—27.
So the motion failed.
On the question, when shall the -bill be read a second tibia?
Mr. De la Rua moved the StR day of Mardh next. «'
Which motion. v Mr. McClellan moved to amend the 30th rule by adding these words, “Aqd no motion Jo commit (except to the committee of ths whole House) shall be in order.”.
Which motion was lost.
Mr. Goff pursuant to previous notice, introduced the following bill, yiz.j
An act to establish the County Site of Hillsborough County.
Which was read, and ordered for to-morrow.
Mr, Speer moved that a bill, lying oij the table, entitled, an acl to authorizetheClerk ofMosquitoCounty tokeephis officeathis.placeof residence, and for other purposes, be.’placed among-the orders of theday. . _ *
* Which motion prevailed. . . Mr. Spencer presented a petition from sundry citizens of Franklin
County, praying the repeal of the tax on Billiard Tables.
Which was read,
Mr. Cromartie moved to lay said petition on the table. '
Which motion was refused, and the same referred to a select com. mittee to consist of Messrs. Spencer, Heir and Brown, Mr. Sanchez offered the following Preamble and Resolutions r WHEBEAs,-the increasing trade and growing population of the
country bordering on the San Tafee River, makes the free navigation.ofsaidriver amatterofvital interest,to thecitizens oftheadjacent country : And whereas, by reason of instructions in said river, the navigation up to its head, say to the Pine Bluffi is much impeded, to the great injury of the citizens residing in the vicinity of said river; And whereas, to render.it permanently useful in this respect, some aid is requisite from the hand ofman, and the skill'ofthe engineer: The only obstruction to the. navigation of.said riv'er, is a bed of loose rock and fallen trees : Ha Scientific survay has, yetascertained the post of surmounting these obstructions:
lie it llierefore Resolved by the'Govemor and Legislative‘Counctl
ofthe Territory ef Florida, That our Delegate in Cpngrhss be re.
quested to use his best exertions to procure an appropriation of a
sum sufficient for clearing out the obstructions in said San Tafee
river; and that a certified copy ofthe foregoing Preamble, and this
Resolution, be forwarded to the Honorable David Levy, by the'Sec
retary of the House of Representatives, immediately after their
adoption'an’d approval, to be laid before Congress, as soon as practi
cable.
Which were read and ordered for to-morrow.
Mr. Spencer offered the following Preamble and Resolutions i
80


Whereas, the city of Apalachicola, from heT commercial advantages,is enabledtorank amongthefirst citieso"ftheGulfofMexico: And whereas, it is of the utmost importance to her merchants and citizens (nearly all of whom are engaged in the purchase," sale, or shipment ofthegreat staples ofthe-South,^ tobe inpossessionofthe earliest intelligence -from the great martof commerce at the North and East: And whereas, by the present arrangement the mails whichare transmitted tri-weekly tothetown ofBainbridge, in Georgia, and Chattahoochee and Qllincy, in Florida, are carried but twice a week to Apalachicolaj And whereas, a small additional appropriation to the sum now paid would enable the Contractor to run a, triweekly mail between Chattahoochee and Apalachicola,' instead of the semi-weekly now in operation-Therefore,
Be itresolved bytheGovernor andLegislative CounciloftheTerritory ofFlorida, That our Delegate in Congress be, and he is hereby requested to place this subject before Congress and the Post Office Department, and use bis exertions to have established a tri-weekly mail between Chattahoochee arid Apalachicola.
Beitfurther resolved, That a Copy*of this preamble and resolutions, duly certified, be forwarded to the Honorable David Levy, our Delegate m Congress.
"Which were read and ordered for to-morrow. Mr. Bush made the following ReportThe Committee on Enrolled Bills have examined the following
Bill and Resolutions, and find them correctly enrolled, viz -Preamble and Resolutions, asking Congress an for appropriation to open a Road from Columbus to Garay's Ferry ;
Preamble and Resolutions asking Congress for an appropriation to open a Canal between the head waters of Indian River and the River St. Johns f
Preamble and Resolutions, asking Congress for an appropriation for a Road and Mail Route from Tampa Bay to Enterprize ; A billto be entitled, An Act to legalize certain elections held in St Lucie-county.
All jvhich is*respectfully-submitted, .-v * "A. H. BUSH, Chairman. Which was. read and concurred in.' Mr.-Chapman made the following Report .The Committee on Schools and Colleges to whom was referred
the Preamble’ and Resolutions, relative to the location of a'Sixteenth Section ofLandin Lafayette Township,
4’ ’ •• " REPORT:
That they have had the same under-consideration, and recomliiend the adoption of the same, after "amending the Preamble, bystriking but the word “ ill” after the word “ to,” and insert “ the inhabitants ofall Public.”
-JOHN B. CHAPMAN, Chairman-Which was read and laid on the table.
t/
81


ORDERS OF THE DAY,
An Act for the Protection of the Rights of Females came Up 5 When Mr. De la Rua moved an adjournment until to-morrow, Id o’clock. The yeas and nays were called for on said motion, hy Messrs. McClellan and De la Rua, and were :
Yeas—Messr& Bush, Chapman, Child, Crichton, Cromartie, De la Rua, Haddock, Loring, Mays, Patterson, Philips, Porter, Randolph,Spencer, Turner and Wilkison-^-16.
Nays—^Mr. Speaker, Messrs. Baldwin, Brown, Goff, Hart, Heir, Ivey, McClellan, Rogers, Sanchez and Taylor—11. So the motion prevailed, and the House adjourned until to-morrow, 10 o’clock.
Tuesday, 4th February, 1845,
The House met pursuant to adjournment, and a quorum being pre* sent, the Journal of yesterday’s proceedings was read. Pursuant to previous notice given, the following bills were intro*
duced, viz:
By Mr. Long:
A bill to be entitled, an act to authorize Lewis Miller, Sen’r., to es* tablish a Ferry across Holmes’ Creek.
Which was read the first time, and ordered for to-morrow.
By Mr. Speer:
A bill to be entitled, an act to legalize the elections of Mosquito, now Orange, County.Which was read, and ordered for to-morrow. Notice was givenoftheintroduction ofthefollowing bills,onsome future day, viz :.
By Mr. Brown: •
Of a bill to be entitled, an act to amend an act to incorporate the Protestant Episcopal Congregation of the city of Tallahassee,-St. John’s Parish.
By Mr. Heir:.
Of a bill to be entitled, an act to repeal so much of the statutes of the Territory as gives to the Judges the right to impose or assess the fine, imprisonment or other punishment for offences against the crim* inal law, and to give to the Jury, in all cases, that power.
By Mr. Loring :
Of a bill to be entitled, an act to divide the Senatorial Districts.
By Mr. Porter:
Of a bill to be entitled, an act to authorize Alexander Clark to es* tablish a Ferry across the Chipola River. Also, of a bill>to be entitled, an act to authorize Alexander McAl* pin to establish a Ferry across the Chipola River. By Mr. Turner:
11
82


Of a bill to be entitled, an act to authorize John Gaskin to estab
lish a Ferry on Yellow River.
Mr. Heir moved that a standing committee of five be raised on
preambles and resolutions asking appropriations of Congress for Ter
ritorial purposes.
Which motion prevailed, and Messrs. Heir, Crichton, Spencer, De
la Rua and Patterson were appointed said standing committee.
Sir. Loring presented — memorials from John M\ Hanson, pray
ingreliefinthematterofanestreated recognizance, signedbynu
merous citizens of St. John’s County.
Mr. Heir presented a similar memorial from the same individual,
signed by sundry citizens of Jefferson County.
Which memorials were read.
Mr. McClellan moved that the memorials ofJ. M. Hanson be laid
on the table until the 22d March next ;
Which motion was rejected.
Mr. Goffmoved that said memorials be laid on the table until the
10th March.
The Chair decided that by the rules of the House, a motion to lie on the table, althoughaparticulardaybenamed insaidmotion, shall be decided without debate.
Mr. McClellan appealed from the decision of the Chair, upon
which appeal the ayes and noes were called for by Messrs. Baldwin
and McClellan, and were :
Yeas—Messrs. Brown, Bush, Chapman, Child, Crichton, Cromar-tie, He la Rua, Hart, Heir, Ivey, Long, Loring, Mays, Patterson, Philips, Porter, Randolph, Rogers, Sanchez, Speer, Spencer, Taylor,Turner, Wilkison—24.
Nays—Messrs. Baldwin, Goff Haddock, McClellan—4.
So the decision ofthe Chair was sustained by the House.
On motion of Mr. Child, the memorials were referred to a select committee, with power granted to send for persons and papers. Messrs. Child, Loring, Hart, Speer and Patterson were appointedsaid committee. Mr. Heir offered the following resolution:
Be it resolved by the House of Representatives of the Legislative Council of Florida, That all resolutions calling upon Congress for appropriations, which may hereafter be offered in this House, bereferred to the standing committee raised this morning, on preamblesand resolutions asking appropriations from Congress for Territorial purposes.
Which was adopted.
Mr. Spencer offered the following preamble and resolutions :
Wheeexs, It is believed by the Governor and Legislative Council, that the appropriation made by Congress, at its last session, to deepen and improve the navigation of the straight channel in the Bay of Apalachicola, was vetoed by his Excellency President Tyler,in consequence ofits being attached to other appropriation bills more objectionable in their character, and not from any hostility to the appropriation above referred to : And whereas, the commerce of
83


said city ofApalachicola is greatly embarrassed, by the filling up of the channels in the harbor during the late gales, preventing vessels of larger burthen from getting to the wharves: Therefore,
Be it Resolved by the Governor and Legislative Council of the
Territory of Florida, That our Delegate in Congress be, and he is herebyrequested, to present again the memorial oftheChamberof Commerce of the city of Apalachicola, praying for an appropriationfor the improvement of said harbor; to be used and expended, as Congress may think most proper to direct.
Be itfurther Resolved, That a duly certified copy of this Preamble and Resolutions be forwarded to the Hon. David Levy, our Delegate in Congress.
Which was read the first time, and referred to the Committee on Preambles and Resolutions calling upon Congress for appropriations,&e.
Mr. Hart offered the following Preamble and Resolutions:
Whebeas, the distance from New Smyrna in this Territory, to Indian River and Jupiter Bars, is about one hundred miles to the former, and about one hundred and fifty miles to the latter, on accountofwhichitisexceedinglytroublesome andexpensiveto masters of vessels and the citizens of St. Lucie county, for said masters of vessels to be obliged to go so much out of their way to enter or clear, when bound to or from either Indian River or Jupiter Bars ; troublesome and expensive to the citizens of raid county, insomuch that they are compelled to pay extra charges in order to get vessels to come there; and the increase of trade is continually augmenting this tax uponthe citizens ofsaid county: And whereas, the appointment of a custom bouse officer in said county, for the harbors at Indian River Inlet and Jupiter Bar, would obviate all these difficulties, and many others which do exist, but are too numerous to mention here. Therefore,
Be it Resolved by the Governor ~and Legislative Council of the Territory of Florida, That our Delegate in Congress be, and he is hereby respectfully requested to represent the matter to the properauthorities at Washington, and strenuously endeavor to procure the appointment of a custom house officer for the harbors mentioned in the above preamble.
Be itfurther Resolved, That as soon as this Preamble and Reso
lutions shall have passed both Houses, and been approved by the
Governor, a duly authenticated copy thereof be forwarded to our
Delegate in Congress.
Which was read the first time, and ordered for to-morrow.
The Senate returned to the House, An Act constituting a Board of Port Wardens and Commissioners of Pilotage for Indian River and Jupiter Bars;
Passed by the Senate without amendment.
The Senate transmitted to the House the following Bills and Resolutions, originating in the Senate, and which had been passed byand adopted in that body, viz :
84


A bill to be entitled, An Act to amend the several acts now ia force in relation to proceedings in Chancery,
Which was read the firsttime, and ordered for Monday next.
Also, a bill entitled, An Act to amend the several acts in relation to the limitation of actions, and for other purposes,Which was read the first time, and ordered for Thursday next. Also, a bill to be entitled, An Act to increase the jurisdiction of Justices ofthe Peace in civil matters,
Which was read the first time, and ordered for Monday next; also
A Resolution adopting rules for the joint government of both houses during the present session, Which was read, and laid on the table.
ORDERS OF THE DAT.
A bill to be entitled An Act for the protection ofthe rights ofFemales, was taken up ;
TheHouse,in committee ofthe whole, Mr.Patterson inthechair, resumed the consideration ofsaid bill. After some time spent therein, the committee rose, and by their chairman reported the bill to the House as amended.
Which report was concurred in.
Mr. Baldwin moved a call ofthe House;
Which motion prevailed, and the following members answered to the call:
Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, De la Rua, Goff, Haddock, Hart, Heir, Ivey, Long, Loring, Mays, McClellan, Patterson, Philips, Porter, Randolph, Rogers, Sanchez, Speer, Spencer, Taylor, Turner and Wilkison—29.
The Secretary reported Messrs. Allison, Ferguson and Walker as being absent.
On mo'ion of Mr. Brown, a further call was suspended.
Mr. Child moved the following as a substitute to the bill reported to the House by the chairman of the House in committee of the whole, and which substitute was offered in committee ofthe whole byMr. Forward, of St. Johns, viz. :
That after the word “ Florida,” in the first line of the billy the whole to be stricken out, and the following inserted :
“That hereafter when anyfemale acitizen ofthisTerritoiy, shall marry, or when any female, shall marry a citizen of this Territory,the female being seized or possessed of real or personal propertywithin this Territory, the right, interest and title, which the husband now derives hy law in the same, in such cases shall not be taken in execution for the debts of her husband, but shall, from the time of her marriage, become vested in her husband as Trustee for her and her heirs during the coverture. Subject, however, to the restrictions and amenable as hereinafter mentioned.
Sec. 2d. Be it further enacted, That hereafter when any married woman shall, (bona fide, and without any of the frauds, on her
85


part, or tke part of her husband, which are enumerated in an act ofthisTerritory, entitled “an actforpreventing and avoidingfrauds ulenf conveyances,”) shall become seized or possessed of real or personal property, or both, the right, interest and title, which her hus band now derives by law in the same in such cases, shall not be taken in execution for his debts, but the same shall become vested in her husband as Trustee for her and her heirs during the coverture. Subject, however, to the restrictions and amenable as hereinafter mentioned.
Sec. 3d. Be it further enacted, That said husband so beingTrustee, as afbreasid, shall be subject to, and amenable to the several courts of this Territory having Chancery powers.
Sec. 4. That the husband and wife may sell, transfer and convey personal property of the wife, providing, they join in the sale, transfer and conveyance thereof but, before negroes and real estate of the wife shall be conveyed and sold, an order of some court of this Territory, having, and exercising Chancery powers, shall be first had authorising said sale, and in addition to said order the husband and wife must join, in the conveyance and sale thereof. Provided, however, nothing herein shall be construed as prohibiting the wife from disposing ofsaid property by last will and testament.
Sec. 5. Be it further enacted, That all the property, real and personal, which shall belong to the wife at the time of her marriage, or which she may acquire in any of the modes hereinbefore menttoned, shall be inventoried and recorded in the County Clerks office of the County in which such property is situated, within six months after such marriage, or after said property shall be acquired by her, or the same will become liable for her husband’s debts, as if Ibis act had not been passed; Provided, That any omission to make said inventory and record, shall in no case confer any rights upon her husband.
Sec. 6. Be it further enacted, That if any married woman die intestate, and possessed of, or entitled to real and personal property, or of either species of property in this Territory, the same shall descend to her heirs, according to the provisions of the law regulatingdescents in this Territory.
Sec*7. Beitfurther enacted, Thatifanymarried woman havingtitle to separate property, held under and by virtue of this act, shall suffer or permit her husband to use such property, she shall not be entitled to charge her husband for the rent, hire, issues, proceeds or profits of said property, so vised by him, nor shall the husband in such case charge for taking charge of and managing said property.
Sec. 8. Be it further enacted, That the husband shall not be held or deemed liable to pay the debts of his wife, contracted prior to any marriage hereafter to be solemnized in this Territory, but the property of the wife shall be subject to such debts.
On the question of adopting the proposed substitute, the yeas and nays were called for by Messrs. Child and Heir, and were as follows : Yeas—Mr. Speaker, Messrs. Brown, Child, Cromartie, Haddock*
86


Hart, Heir, Loring, McClellan, Patterson, Philips, Porter, Rogers, Sanchez—14.
Nays—Messrs. Baldwin, Bush, Chapman, Crichton, De la Rua, Goff, Ivey, Long, Mays, Randolph, Speer, Spencer, Taylor, Turner, Wilkison—15.
So the same was rejected. Mr. Heirmovedtostrikeoutofthe first sectionofthebill allafter the enacting clause, and insert as follows :
That the marriage portion of any female in this Territory, or the property brought by her to the marriage contract, or of which she may hereafter become seized or possessed by gift, purchase, demise, distribution, or other legal inode, shall not be taken in execution for the payment of the debts ofher husband contracted before their respective marriage.
The ayes and noes were called for on said amendment by Messrs. Baldwin and Heir, and were : Yeas—Mr. Speaker, Messrs. Brown, Cromartie, De la Rua, Heir,Philips, Porter, and Rogers—8.
Nays—Messrs. Baldwin, Bush, Chapman, Child, Crichton, Goff Haddock, Hart, Ivey, Long, Lcring, Mays, McClellan, Patterson, Randolph, Sanchez, Speer, Spencer, Taylor, Turner, Wilkison—21.
So the amendment was rejected, and the bill ordered to be engrossed forathirdreading to-morrow.
Mr. Heir moved that the House now adjourn until to-morrow, 10 o’clock, and the ayes and noes being called for on said motion byMessrs. Long and Heir, and were as follows, viz :
Yeas—Messrs. Brown, Bush, Chapman, Child, De la Rua, Heir, Randolph, Spencer, Turner and Wilkison—10.
Nays—Mr. Speaker, Messrs. Baldwin, Crichton, Cromartie, Goff Haddock, Hart, Ivey, Long, Loring, Mays, McClellan, Patterson, Porter, Randolph, Sanchez and Taylor—17.
So the motion was refused.
Mr. Hart moved that the House take a recess until 3 o’clock this afternoon, and the ayes and noes being called for on said motion, were :
Yeas—Messrs. Crichton, Hart, Heir, Long, Patterson, Sanchez, Turner—7.
Nays-—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Child, Cromartie, De la Rua, Goff Haddock, Ivey, Loring, Mays,McClellan, Porter, Randolph, Rogers, Spencer, Taylor and Wilkison


—20.
So the motion was rejected. , Mr. Baldwin moved a call ofthe House, which was ordered, and the following members answered to the call: «
Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, De la Rua, Goff Haddock, Hart, Heir, Ivey, Long, Loring, Mays, McClellan, Porter, Randolph, Rogers, Sanchez, Spencer, Taylor, Turner and Wilkison—26. *
The Secretary reported as absent, Messrs. Allison, Ferguson, Pat-
t
87


terson, Philips, Speer and Walker; and reported Messrs. Allison, Ferguson and Walker as absent from indisposition. On motion of Mr. Baldwin, the call of the House was again ordered, and the following members answered to their names, viz:
Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, He la Rua, Goff Haddock, Hart, Heir, Ivey,Loring, Mays, McClellan, Porter, Randolph, Rogers, Sanchez, Speer, Spencer, Taylor, Turner and Wilkison—26.
Messrs. Long, Patterson and Philips were reported as absent. Mr. Baldwin moved that compulsory process be issued to compelthe attendance of the absent members not necessarily absent. The Chair decided that p. quorum being present, the motion was out of order. '
A motion was made to adjourn until'to-morrow, II o’clock, and the yeas and nays being called for by Messrs. Baldwin and Loring, and were:
Yeas—Messrs. Brown, Chapman, Child, Cromartie, De la Rua, Hart, Heir, Patterson, Randolph, Spencer, Taylor, and Turner—12.
Nays—Mr. Speaker, Messrs. Baldwin, Bush, Crichton, Goff, Haddock, Ivey, Loring, Mays, McClellan, Porter, Sanchez, Speer and Wilkison—14.
So the House refused to adjourn.
A resolution from the Senate, relating to the Commissioner of the
Tallahassee Fund ;
Was read the second time, and ordered for Thursday.
A bill entitled, an act for the relief of Primma Stephens; <
Was read the third time, and rejected.
Mr. Speer moved an adjournment until to-morrow, 10 o’clock, and
the yeas and nays being called on said motion, were as follows:
Yeas—Messrs. Brown, Bush, Chapman, Child, Cromartie, De la
Rua, Patterson, Randolph, Rogers, Speer, Spencer, Taylor and Wil
kison—13.
Nays—Mr. Speaker, Messrs. Baldwin, Crichton, Goff, Haddock,
Heir, Ivey, Long, Loring, Mays,, McClellan, Porter, Sanchez and
Turner—14.
So the motion failed.
A billto be entitled,anacttodivorce AgnesBell fromherhusband,
Joseph G. Bell, and to change the name of said Agnes Bell to that
of Agnes Woolf;
Came up on its third reading.
On the question, shall the bill pass 1 the yeas and nays were called
for by Messrs. Baldwin and Loring, and were as follows :
Yeas—Messrs. Brown, Goff, Haddock, Hart, Heir, Ivey, Long,
McClellan, Philips, Randolph, Speer, Spencer, Taylor and Wilkison
—14.
Nays—Mr. Speaker, Messrs. Baldwin, Bush, Chapman, Crichton,
Cromartie, Loring, Mays, Patterson, Porter, Sanchez and Turner
—12. *
Mr. De la Rua was, on motion, excused from voting.
88


’The bill was passed, ordered that the title be as stated, and certi. £ed to the Senate. The House adjourned until to-morrow, 10 o’clock.
Wednesday, 5th February, 1845.
The House met pursuant to adjournment, and a quorum being pre.
sent, the Journal of yesterday’s proceedings was read.
Mr. Ferguson gave notice that he will, on a future day, ask leave
to introduce a bill to be entitled, “ An act to amend an act incorpor
ating the Trustees of the Presbyterian Church at Quincy.”
Mr. Long, pursuant to previous notice given, obtained leave to in
troduce the following bills, viz: [
An act to amend an act relative to crimes and misdemeanors, approved February, 1832. Which was read, and ordered for to-morrow. Also,abilltobeentitled, anact to amend the election lawsofthis
Territory, so as to provide for the election by the people of Florida of certain officers allowed to be so elected by the acts of Congress. Which was read the first time, and referred in part to the Committee on the Judiciary, and in part to the Committee on the Militia.
Mr. Haddock presented a petition from Lewis Green and others, citizens of Nassau County, praying for a divorce of said Lewis Green from his wife, Elizabeth Green.
Which was read, apd referred to the Judiciary Committee.
Mr. Brown presented apetitionfrom sundrycitizens ofLeon County, praying the discharge from Jail of Zachariah Rogers, held in custody for costs.
Which was read, and referred to the Committee on Propositionsand Grievances.
Mr. McClellan offered the following resolution :
Resolved, That in future the House of Representatives will meet at 10 o’clock, A. M., and adjourn at two o’clock, P. M., except the time be changed by a vote of two-thirds of all the members present. Mr. De la Rua moved to strike out the words, “ of two-thirds of all.”
Which motion was rejected.
Mr. Heir moved to strike out “ ten” and insert “ eleven
Upon which, the yeas and nays were called for by Messrs. Haddock and McClellan, and were : Teas—Messrs. Brown, Child, 3)e la Rua, Heir, Philips, Randolph,Speer and Spencer—8.
Nays—Mr. Speaker, Messrs. Baldwin, Bjush, Chapman, Crichton, Ferguson, Goff, Haddock,-Hart, Long,Loring,Mays,McClellan, Patterson, Porter, Rogers, Sanchez, Taylor, Turner, Walke^ and Wilki-son—21.
So the House refused to strike out and insert.
Mr. Baldwin moved that the resolution be laid on the table, and ths
S>9
89

yeas and nays being called for on said motion by Messrs.. Baldwin
and Haddock, were as follows : Yeas—Messrs. Baldwin, Taylor and Walker—3. Nays—Mr. Speaker, Messrs. Brown, Busk, Chapman, Child,
Crichton, De la Rua, Ferguson, Goff, Haddock, Hart, Heir, Long,Loring, Mays, McCleBan, Patterson, Philips, Porter, Randolph, Rogers, Sanchez, Speer, Spencer, Turner and Wilkison—26. , So the motion \yasrejected. -. „ >
Mr, Speer moved that the word “ two” be stricken out, and the
word “ one” inserted in place thereof. , . * , _ f-Which motion prevailed, and the resolutions, as amended, adopted. Mr. Baldwin, from a Select Joint Committee, made the Mowing
report: . â–  â–  The joint select committee to whom was referred the expenditures oftheLegislature, having hadthesame.underconsideration,
REPORT:
That the expenses ofthe Senate,-exclusive-ofwobd, ' ' -‘ &c.,amountto -J : • -$48470 Estimate for printing, ' --t -• 1000 00
' -Total,-‘ $1484 70 That the expenses of t}ie House, exclusive-of wood, dec.,,amount to * -' : ... -$.487 62 Estimate for’printing, --.i 700 OO
.Total,.. , $1187 02 That some of the purchases seem tohave jbeen unadvisedlymade in the Senate of articles not needed, apd .which might have-been avoided. .• • . , They recommend the passage ofa resolution, that no purchase be made hereafter except through ^ committee of each House,.
' . -lp-. Baldwin,
. pijainnan Joint Select Committee.. , Which was read, and concurred in.
ORDERS OF THE-DAY. ....
A bill entitled, an act relating^ to crimed and misdemeanor^ was taken' up. • . ’
On motion pf Mr. Ferguson,’the House resblyed’itself in the. com mittee of the whole, Mr. Heir in thp Chair, dn.said bill; and after some time spentin consideration thereof) the Committed rose," and bytheir chairman, reported the hill to 'the 'House with an amendment. ^ Which, report was concurred in, Ipid the hill ordered,for Friday'
Preamble and resolutions, relating to Stationery for members of theHouse,&c; ' ' " /Was read the second time, and ordered for to-monow.
12 .
90


A bill from the Senate, to be entitled, an act to amend the law, ap. proved March IS, 1-844, to incorporate the inhabitants of the different Townships of this Territory; ‘
Was read the first time, and ordered for Monday.
The hour of one o’clock having arrived, the House adjourned.
Thcbsday, 6th February, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read, Mr. Bosh gave notice of his intention, on some fiiture day, to ask leave to introduce the following bills, viz: A bill to be entitled, an act to amend an act to provide for changing the venue in criminal cases. Also,abilltobe entitled,anact prescribing formsforproceedingsby Justices of the Peace, and other officers. Also, a bill to be entitled, an act to amend an act regulating the mode of proceeding on Attachment. Pursuant to previous notice given, Mr. Chapman introduced the following bill, viz: A bill entitled, “ An act to amend an act regulating the mode of proceeding on Attachments.”
Which was readthe first time, and ordered for to-morrow,
Mr. Rogers, pursuant tp previous notice, presented the followingbill, viz: ' , A bill to be entitled, an act to provide for fire holding an additional term of the Superior Courts in the Eastern District.
Which was read the first time, arid ord ered for to-morrow.
On motion of Mr. Heir, the Secretary was directed to procure and have printed for the use of this House fifty copies of the annual report of'the Union Bank of Florida, also fifty copies of the annual report of the Southern Life Insurance & Trust Company.
Mr. Heir informed the House that the Messenger was absent today froip indisposition, and moved that the same be noticed on tjieJournal.
Which motion was granted.
Mr. McClellan gave notice that he would, on some future day, ask leave to introduce the following bills, viz: , Abilltobeentitled,anact toincorporate theTrustees ofthe Fund of Special Relief of the Florida Annual Conference.
Also, a bill to be entitled, an act to incorporate the Preachers Aid Society of the Florida Conference. Mr. Loring presented ihe memprial of John M. Hanson, signed by numerous citizens of Duval County • Mr. Child also presented a 'like 'memorial,' signed by citizens of Nassau County.Which memorials’ were referred to the committee having chargeof the subject.
91


Mr. Chapman presented a petition from sundry citizens of Jackson and Walton Counties, praying the formation of a new County from the Counties of Jackson and Walton.
Which was read, and referred to a select committee to consist of Messrs. Chapman, Turner, Wilkison, Porter and Heir.
The Speaker laid before the House a communication addressed to him, containing the proceedings of a public meeting of the citizens of Walton County,'remonstrating against the formation of a new County from Jackson and Walton Counties.
Mr. Long presented also the account of said public meeting of the citizens of Walton; Also a memorial from 145 citizens of Walton County against the division of said County for the purpose of forming a new County.All of which Were read, and referred to the select committee just appointed on said subject.
Mr. Brown presented a petition from Simon Towle, Esq., Attorney atLaw, respecting a demand against the Government, in'favor ofJ.
C. Jacobi. Which was read, and referred to the Committee on Claims. Mr. Wilkison offered the following preamble, and resolutions: Wheheas, it hasbeen thepolicy.ofthegovernment ofthe United
States to appropriate money for" the improvement of such rivers as water large tracts of fertile lands, the same being more folly manifestly consistent, as well with the interests of the government, as with those of such district of country: And whereas, Yellow River, in its course through the Territory of Florida and the contiguous counties of Alabama, passes through important bodies of fertile lands, which are yet in a great measure unnoticed, and have never been brought into market: And.whereas, the navigation of said river,from the Alabama line to the mouth of said river, a distance of from ninety to nine£y-five miles, would tend to make saleable large bodies ofland lying upon said river, which would otherwise for a Jong time' remain valueless to the government, and destitute of the population which it is by nature intended to support: And whereas, it is well ascertained that the expense rendering said rive? navigable as aforesaid, would be small and inconsiderable, compared -with the benefit to be derived therefrom by the government, by the Territory, aud bytil that part of Alabama which must naturally send its produce to roarke’tjipon those waters, inasmuch as the only serious obstructions consist of rafts of floating timber not difficult to he removed, and it being well known that the said river is capable' of affording sufficient \yater for both barges and steapiboats at all seasons ofthe year, from the Bay of Blackwater into which-' it empties, to the Alabama line as aforesaid. Therefore,
Resolved by the Governor and Legislative Courtcil of the Territoryof Florida, That our Delegate in Congress be instructed to use his bestendeayers to procure anappropriation offourteen thousanddollars by Congress, for the improvement of the navigation of Yellow River.
And beitfurther Resolved', That a copy ofthe foregoing Preamble
93
92,

and. Resolution be forthwith .certified by ybe proper officers of-fioth Houses, and transmitted to the Hon. David Levy, onr Delegate in Congress.
Which were read, and referred to the Committee on Preambles and Resolutions ashing appropriations. ' ,
Mr. Rush offered the following resolutions:
Resolved bythe Governor and Legislative 'Cowticil of ihe Territory of Florida, "That our Delegate in Congress be and he is hereby requested to use his best exertions to procure the establishment of ^ Ppst Office at Capipbellton, in Jackson County.'
Resolved, That a copy of these resolutions, when passed, be dulycertified bytheproper officers, andforwarded toourDelegate. Which were read the first time, the. rules waived, read a third time, and adopted. ' * [
Ordered that the same be certifiedto the Senate.
Mr. Heir, from the Committee on Preambles and Resolutions, made the following repdrt: '
The Committee oil Resolutions, to whom was-referred the reso, lutions asking of Congress an appropriation to be expended in deepeningand improvingtheStraight channel intheBay ofApalachicola, being well satisfied of th'e importance of such work, respectfully re. commend the adoption of Baid resolutions.
' THOS. JEFF. HEIR,
Chdirmad Committee on Resolutions.
Which was redelved, read, arid concurred in, and the preamble and resolutions reported back, read the second tune, and ordered for to-morrow.
Mr. Fergusori, from the Committee on the Judiciary, made the following report: *
The Judiciary Committee, to which was referred the petition of David D.'Young, praying to be relieved from a judgment rendered in the Superior Court of Leon County against him, upon the forfeited recognizance ofRichard G. W. Clarke, beg leave to
-REPORT: ' '
' That they have badthe said petition under consideration, and have givenitdueattention. Theyare Convincedoftheimpolicyofinterference by Legislative action With th'e judgment, decree, or anyother proceeding of the Judicialdepartment of the government. It is wrong in principle, and'woidd lead to the most disastrous results. Establish thedoctrine thattheJudgmentof aCourt ofcompetent jurisdiction, can be set aside, and rendered null arid void by ah'act of the Legislature, end .all confidence in 'the decisions of our Courts will be destroyed. The Legislature will be overrun by applications forrelief, andwillsoonfindthetimelimited forits sessionfully occupied by attention to calls of this character. Entertaining these views, yourComrhrttoe would be donstfained to report adversely to this petition, were it not that circumstances of a peculiar nature justify them in the recommendation of partial relief to the petitioner.
.93


ft teems t}mtthe, recognisance upon Which this judgment tva& pro* ijdunced, bqund each*ofthe securities forthefull amountot the'penalty. This is contrary to the’practice .prevailing in all the Courts pt this Territory,-whjch only require,s each surety to bind,himself fpr one-half of the amount ofthe recognizance of the principal.
in viewpf this fact,,your wqmmittee recommend the adoption of the bill herewith reported* , -f All which is respectfully submitted. . > . I, £ERj3tJgOKr,-Chairman. Which report Was concurred in, (he hrll reported, readsthe first time, and ordered for to-morrow. ,
. Mr. Fergugon, from the Judiciary Gonpnittee, tp which was referred a bjll Jo be entitled,iS An act to amend the several acts now. ip force in regard to summoning Jurors,”.reported,the,saidbillbuckto tjie House
amended.-‘ " , Which report was concurred in, and the hill ordered for a secoud reading to-morrow. ,, . '
Mr. Fergusop, from the Judiciary.Committee, to wjriclfwas -referred a bjll to he entitled, an act to permit Nelson .Gray to practice law in the several Copris in this Territory, reported said bill without
amendment. .................... . . Which report was concurred in, tlie lull read, the, seeondjime, and ordered to be engrossed for to-morrow. : (
Mr. Ferguson from the Judiciary Committee to which was.referred the petition ofLewis Gieen praying to.be divorced from his wife Elizabeth, reported against the prayer ofthe petitioner;
Which report was concurred in.
Mr. Ferguson from the Judiciary^Committee to which was referred a bill, to be entitled An Act to amend tjie. several acts relative to depositions, reported the same to the House without amendment;
Which report was concurred in,, the .bill read a second time, and ordered to be engrossed for to-morrow.
Mr. Ferguson from tjie Judiciary Committee to which was referred ahill tpbe entitled, AnActtoprovideforthe.saleofEquities oflies dempfion, reported the same to the House without amendment;
Whjch report was concurred in, the-bill ordered fpr Tuesday next, and 5,0 copies ordered to be printed. , . , ,
Mr."Ferguson from the Judiciary Committee, reported a bill jo be
entitled, Ail Act to amend the several acts in relation to Crimes and
Misdemeanors 5 ...
Which was read the first time and ordered for to-morrow.
Mr. Heir,' from a select committee, madp the following report:
The select committee to. which was referred the petition of the
citizens of Wakulla coupty, praying for the permanent location pf
the county site for said county, as also a bill offered by the Repre
spntatjve fromsaid county, npon the.same .subject, finding that they
both propose the Same terms, ofadjustment,"respectfully report said
bill as* a suitable one to effect the object desired by the citizens of
said county. , THQS. JEFF. HEIR,
* > Chaii man of Select Committee.
94


Which report was concurredâ„¢, and the bill, entitled An Actio fix permanently thecountyseatofWakulla county,read the second time, and placed among the orders for to-morrow.
His Excellency the Governor transmittedto the House the follow, ing message ;
Executive ‘Defaetjiejjt, >
TaHahas,see, February 6th, 1845, §
Gentlemen ofthe Senate and'House ofRepresentatives:
•I have approved the following Act“and Resolutions of the-Legisla-
ture*,at its present session : -.
1st—AnAct tolegalize certain Elections heldin St. Ltlcie county.
2d—A Preamble and Resolutions relative to the clearing out and repairing the road leading from Tampa Bay to Enterprize, or Lake
Monroe, on the St. John’s River.
3d—A Preamble and Resolutions relative to a-survey of that portion ofcountry lying between the head waters of Indian River and the RiverSt.Johns,withaviewtotheOpening ofa'canaltoconnect the two rivets, and' also a survey of the water courses and interveninglandlyingbetween the hbadofIndian RiverandCapeFlorida.
4th—A Preamble and Resolutions relative to a road from Columbus to Garey’s Ferry on Black Creek. 5th—A Preamble and Resolutions relative to the graduation and reduction ofthe price ofthepubliclands inthe Territory ofFlorida. ' I have the honor to be, &c.,
. JN. BRANCH.
Which was read.
A message from" the ‘Senate was received, and returned, not be
ing certified by the Secretary ofth^t body.
ORDERS OF THE DAT.
"A bill to be entitled, An Act jn relation to ‘Retailers of SpirituousLiquors, came up'as amended op a former dayby the House in committee of the whole.
Mr. Brown moved a substitute for said bill, to be entitled An Act ' to repeal an act to suspend the operation of the Revenue Laws for theyear1840,andfo'-provide for thesettlement ofallarrears, due to and from the Territorial Treasury;
On the question, will the Hpuse adopt the proposed substitute of Mr. Brown 1—the ayes and noes were called for by Messrs. McClellan and Long, and were as follows :
Teas—Mr. Speaker, Messrs. Baldwin-, Brown, Bush, Chapman,Ferguson, Haddock, Heir, Boring, Porter, Randolph, Speer,-Spencer, Turner and Walker—15. * ’
Nays—Messrs. Child, Crichton, De da Rua, GofF, Hart, Long,Mays, McClellan, Patterson,‘Rogers, Saftchez, Taylor and'Wilkison —13.
So the substitute was adopted, and ordered to be engrossed for tomorrow.
9,5

9j3
Atillto }>oentitled) AnActfoconsolidate-Civil.Actions ineert^it| cases;
Was read the second time, and referred to the Judiciary Committee.,_ . •
Preamble and Resolutions respecting a donation of public lands to, Wakulla county for a Court House raid pomihon Schools;
Were read the secopitime, rule ^iyed, read the third time, and adopted unanimously, ’
Ordered that the same he certified to the Senate.
Preamble and,-Resplutions requesting the Delegate in Congress to urge upon the appropriate department at Washington, a re-appropriation of fifteen hundred dollar^ for connecting the waters of Indian River and Mosquito Lagoon 5
W.ete read thg second time,, and ordered to be engrossed for tomorrow. A Preamble and Resolution respecting the navigation pf'the St. Mark’s River; , , Was read,the second time,,and ordered to he engrossed for tomorrow. ’ '
Preamble and Resolutions asking-art appropriation from Congressfor constructing &• joad fropi, SopchoppLin Wakulla-county tp Apalachicola Bay;
Were read the second time, and prfiered to fra engrossed for to-1 morrow.
The bill entitled, An Act to authorise the Clerk of Mosquito County Court to keep his-office at his place of residence, and for other purposes, which was returned from the Senate aS having passed that bodyamended, bystriking*otit' the words“Mosquito” and inserting the word “ Orange,” wherever they occur in' the hill;
Wastakenup, andthe amendments ofthe.Senata concurred in,
Ordered that the same be certified to the Senate,
Abilltobe entitled,An Acttoestablish thecountysiteofHillsborough county; 1
Was read the second time, and ordered for to-morrow.
Abill'to"beentitled, AnAct tochangethetimeofholdingthe-Superior Courts for the counties of St.’Johns, Mosquito and St, Lucie, in the Eastern District of Florida
Was read the second time, and ordered for to-morrow.
A bill to be entitled, An Act to provide for the more perfect administration ofJustice in the Middle District of Florida ;
Was read the second time; and referred to the select committee,to whom was referred a bill to be entitled, An Act to alter and fir the term of the-Court of Wakulla County, which committee consists ot Messrs. Ferguson, Heir, Bush, Mays and Loring. ‘
■‘TheHouse adjourned until to-morrow.
96


mhm mposts -of-the*sfoiffljm'HPfm. sfMsrto; Sim
" " Executive ' DEFArmnavr, 7 Tallahassee, January 16th, 1845. ^
Gentlemen offive Senate and Houseof’Representatives t " '* iherewith transmittoyoufheannual reporthftheUnion Batik, and the Southern Life Insurance and Trust Company.I have the' honor to be, foaf obedient servant, -’J

-'■ ■ ■ • JOHN BRANCH^
-' • ' L'kioe IUss or FtoSmi, t
Tallahassee,'JaHi 6,18®.' 'y ‘r
Sm:T havp the' honor herewith to present the annual statement of the condition of thisinstitution, as it stood nn the hooka at the1 close of the past 'year. '* *'* ‘ ^ * *
Very respectfully, your obedient servant,
• ' -' •'JOHN G. GAMBLE, IWt. His Excellency Johs Braxch, Gov. ofHa,
STATE OF THE UNION BANK OF FlORIDA, 09 TuesdayEvening, December 31st, 1844.
’ : CR.: '*‘-*
To Stock Note? discoursed,. . .... . 1,-7,95,335-13 Notes,BondsaniBillsdo. / 908/315 86 Loan to the. Territory, f 14,584 00
2,718,234 99' TerritoriaTBonds unsold, . ,4 767,500 00 Due by-Banks and Agents, 433,025 95 Real Estate, . . 10*2,416 46 Protest Account, . -f 83i 29 Castin'Specie and"otherBankNotes, 13,692 675
-. -\ -$4,035,701 36 .
ByCapitalStocksecured ohLandand .
Negroes, .. „ 2,974,500 00 Do. on Territorial Bonds, 25,500 00 Do. Cash, .. -9,400 00
' _—.-----------3,OQfl,400 00 Deposits, . . . . ' 10,084 17Post Notes issued, „ ... -»1 Do. burnt, 815,730 00 Do. in Bank, 12,775 00 -------=-------828,505 00 Circulation Union Bank Notes, 37,995 00
-central
â– Central Bank transfer, -103,995 00
Do. burnt, _ 99,681 00
Do. in bank, VO 00 —:--------.99,751 00
Circulation Central Bank Notes, 4,244 00 Sinking Fund on 1st Jan. 1844, 113,134 43 ,
Discount Account, 55,343 55
Inter’t Account, 6,637 80
Incidental and le
gal expenses. *
exchange ana '
prem’m acc’s, 40,149 56 46,787 36 8,556 19 _ 121,690 62
84,035,701 36 Tallahassee, December 31st, 1844. HY. L. RUTGERS, Cashier.
Sworn to and subscribed before me, this, 6th day ofJan., 1845. , JAMES E. BROOME, Judge ofLeon County Court.
Tallahassee, January 14, 1845. To His Excellency Joins Branch, Governor of Flosida :
Sm:—I have the honor to transmit you herewith a report of the condition of the Southern Life Insurance and Trust Company, on the 1st inst. The company have been greatly embarrassed by an injunction and order, placing the assets in the hands of Receivers. We have, however, full confidence, that upon a re-hearing of the case, the Judge will order the afeets leturned to the company’s representative.
Suits are pending in New York for the recovery of the outstanding faith certificates, and we have strong assurances that the result will be in our favor, recent decisions having settled the principlesprinciples in this case.
Suits are also pending here upon the coupons, for interest on the same, which the plaintiffs do not appear over anxious to try.
The same reasons in my communication of January 8th, 1844, in regard to the mortgages with the Executive still exist, so far as applicable to the property mortgaged. I would again suggest the propriety of placing such mortgages as may be proper to proceed upon, in the hands pf Attorneys of respectability and standing, with the view to" preserve the property, and make it applicable to the liabilities of the Territory, if they should be held bound, and the certificates deplared valid, and if not, to the general debts of the company. Tha company h‘ave no wish to interfere with, or control this security, further than to protect and save it, to be properly applied to the payment ofits debts.
I am sir, your obedient servant,
ROBERT LYON, Cashier.
13
9B

98
STATEMENT of the condition of the SO. LIFE INSURANCE
AND TRUST COMPANY, January 1, 1845.
Aggregate assets of the Company, held up hy injunction, . $1,551,704 52 Balance Profit and Loss, , 29,077 37


$1,580,781 89
Due from, the Company for— Circulation, 22,473 00 Post Notes, 6,400 00 Certificates of Deposit, ■ 20,805 05 Bills payable, 102,489 25 Bonds payable, ')62,780 33 Depositors, 14,569 79 Other obligations of the Company, 104,902 99
41
Certificates ofDepositissued toUnion andUnion and
Potomac Companies of Maryland and Virginia, 63,300 00
Deposits to apply on debts due the Company, 19,711 48
Sterling certificates guarantied by the Territory, 240,000 00
657,431 89 Capital Stock, 923,350 00
$1,580,781 89 Tallaiuzssee, January Ulh, 1845. ROR’T. LYON, Cashier.
Friday, 7th February, 1845.
The House met pursuant to adjournment, and a quorum being pre
sent, the Journal ofyesterday’s proceedings was read.
Mr. Haddock gave notice that he would, on some future day, ask
leave to introduce a bill io be entitled, an act relative to Roads and
Highways in Nassau County, approved 4th March, 1844.
Mr. Chapman gave notice that he will, on some future day, ask
leave to introduce a bill to be entitled, an, act in relation to High
ways.
Pursuant to previous notice given, the following bills were Intro*
duced, viz:
By Mr. Brownr
A bill to be entitled, an act to amend an act to incorporate the ' Protestant Episcopal Church-of St. John’s Parish, Tallahassee, Which was read the first time, the rule waived, read the second and third time, and passed, with the title as stated. Oidered that the same be certified.to the Senate. By Mr. Chapman:
99


A bill to ,be entitled, an act to. authorize John Gaskins to establish a Ferry across Yellow River.
Which was read the first time, and ordered for to-morrow.
By Mr. Porter:
A bill to be entitled, .an act "to authorize Alexander Clark to establish a Ferry across the Chtpola River. Which was read the first time, and ordered for to-morrow. By Mr. McClellan t9
• A bill to be entitled, an act to incorporate the Preacher’s |AidSociety of the Florida Annual Conference of the Methodist Episcopal Church.
Which was read thefirsttime,rule.waived, read thesecondtime, and on motion of Mr. Heir, the repealing clause stricken out, and the following section inserted, viz :
Be itfarther enacted, That this act shall be subject to be amended, modified or repealed, by any future Legislature of the Territory or State ofFlorida;
The bill read the third time and passed. Title as stated.
Also, a bill to be entitled, an act to incorporate the Trustees of the Fund of Special Relief of the Florida Annual Conference of the Methodist Episcopal, Church.
Which was read the first time, Tule waived, read a second time, and on motion of Mr. Heir, the repealing clause stricken out, and the following section inserted, viz.:
Be Ufurther enacted, That this act shall be subject to be amended, modified or repealed, by any future Legislature of the Teiritory or the State of Florida ;
The bill read the third time, and passed. Title as stated.
On motion, Mr. McClellan was added to the joint committee on the part of the House to superintend the expenses of the present Legislative Council.
Mr. Loring presented a petition from numerous citizens of Duval County, praying a division of that Coudty. â–  Which was read and referred to a select committee to consist of Messrs. Loring, Child, Crichton, Haddock and Rogers.
Mr. Baldwin moved that the vote of yesterday; concurring in the report made by him as Chairman of the joint committee on the part of the House, to superintend the expenses of the presenttsessiOn, be reconsidered, and leave granted him to withdraw said report and documents. . .
Which motion prevailed.
Mr. Brownpresented amemorialfrom sundrymembers oftheBar, remonstrating, against changing the Terms of Lepn Superior Court. Which wasreceived, andreferred tothe select committeeincharge
of said subject. Mr. Heir, from,the,Committee on Corporations, made the following report: ’ .
The Committee on Corporations, after considering what measures are advisable to be adopted, with respect to domestic corporations, beg leave to report the following bills.
100


These bills were reported'at last session of tile Council to the House of Representatives, and were, it is believed, omitted to be passed by reason of want of time, after they were submitted for consideration. The committee refer to the report of the committee on corporations of the House of last session, and the documents annexed thereto, published at pages 210 to 220, House Journal, as exhibitingfully the necessity of these laws.
THOMAS JEFF. HEIR, Chairman Committee on. Corporations.Which was read, arid concurred in, and the following bills, report,
ed, viz: A bill entitled, an act respecting Corporations, Also a bill entitled, an act respecting the property of and debts due
to Corporations that have been dissolved, and of debts owing by
them, Also, a bill to be entitled, an act respecting. Bank notes or Bills; Were read the first time, ordered for to-morrow, and 50 copies of
each ordered to be printed. Mr. Baldwin presented the following report: The committee to whom was referred the petition of sundry citi
zens ofLeoncounty, praying fortherelease ofoneZaehariah Rogers, now imprisoned in Leon county jail, beg leave to
REPORT:
That they have maturely considered the said petition, and the circumstances attending the confinement of said Rogers therein stated, and cannot arrive at a conclusion favorable to the wishes of said petitioners. Your committee cannot return this petition to the
All of which is respectfully submitted. JOHN P. BALDWIN,
Chairman Compiittee on Propositions and Grievances. Which was read, concurred in, apd laid on the table. Mr. Ferguson, from the Judiciary Committee, made the following
report: The Judiciary committee, to which was referred two bills relative
101


to the election of Justices of the Peace, have had the sarhe under consideration, and have instructed me to *
REPORT,
The bill herewith as a Substitute,
I. FERGUSON, Chairman.
Which was read and concurred in, the bill reported as a substitute, read the firs! time, ordered for Monday, and 50 copies ordered to be printed.
Mr. Taylor, from the Committee on the Milftia, made the following report: « The committee on the Militia, to whom was referred a bill to be entitled, An Act to organize th,e Centreville Greys,
REPORT:
That they have had the same under consideration, and return the bill back to the House, without amendments. All of which is respectfully submitted, JOHN, L. TAYLOR, Chairman. Which report was concurred in, the bill reported read a second time, and ordered to be engrossed foi to-morrow. Mr. Bush from the Committee on Enrolled Bills, made the following report: The committee on Enrolled Bills ask leave to
REPORT: •'
That they have examined the following bills, and find them correctly enrolled, viz: An Act constituting a Board of Wardens and Commissioners of Pilotage for Indian River and Jupiter Bars. A bill to authorize the Clerk-of Orange county court td keep his office at his place of residence, and for other purposes.All which is respectfully submitted.
A. H. BUSH, Chairman. Which was read. Mr. Mays, from-the joint committee op mortgaged property, &c.,
reported a bill to be entitled, an act for the protection of property mortgaged to secure the payment of the Bonds, commonly called Faith Bonds. t
Which bill was laid on the table.
Mr. Speer, from a select committee, reported the following bill,
viz:
A bill to be entitled, an act to alter the line between Orange County and'St. Lucie.
Which was read the first time, and ordered for to-morrow.
Mr. Walker, from a select committee, to-whom the petition ofthe
Pilots of the port of St. Marks was referred, repotted a bill to be fen-titled, An Act to regulate the pilotage of the port of St. Marks ;
102


Which was read the first time, and ordered for to-morrow.
The Senate returned to the House, a hill to be entitled, An Act toamendanactentitled,AnActtoraise arevenue fortheTerritory, approved Nov. 22,1829, with the following message ;
To the Hon. Speaker ofthe House ofRepresentatives :
Sir—The Senate has passed the bill from the House of Representatives, to be entitled, An Act to amend an act to raise a revenue for the Territory, approved Not. 22d, 1829, with ihe following amendments, in which they ask the concurrence ofthe House.
Your obedient servant,
THOS. P. KING,
Secretary Senate.
1st—Strike outthe preamble ofsaidbill.
2d—Strike outthe word “therefore”inthefirstlineofthebill.
3d—Add the following to the b-ill-;—
Provided nevertheless, That the prolusions of this act shall not be extendedtothe collectionofanymoniesmade previouslytoitspassage,4th—Add the following-to the act as a second section— Be itfurther enacted, That the collecting officers of the several
counties shall hereafter be authorized and required, upon application, to exchange with any holder of a Territorial warrant or warranty or Territorial script, such funds as they may receive for taxes in their respective counties, for such warrant or warrants, or Territorial scrip at par, and transmit the same to the Treasurer ofthe Territory.
5th—Add the following1 as a third section—
Be it further enacted, That the repeal of said fourth section shall not affect any suit already instituted, or hereafter to be instituted for any violation thereof, previous to the passage ofthis law.
Which was read, and the amendments concurred in.
Ordered, to be certified to the Senate.
Also, the following—
The Senate has also adopted the following as a substitute for the Resolutions from the House, respecting the account of Gibson & Hibbard. THOg. F. KING,
• Secretary Senate.
Resolved, by the Governor and Legislative Council cf the Territory ofFlorida, That Congress be requested to pay the legal representative of Gibson & IJibbard, printers for the Executive Department of the Territory-aforesaid, the sum of one hundred and twenty-five dollars, being the amount of the account for the year 1841, hereunto appended.
Jlesolvedfurther, That our Delegate in Congress, the Hon. David Levy, be requested to lay the above resolution, with the accompanying accounts, before Congress at as early a day as practicable.
Which was lead, and the substitute of the Senate concurred in.
Ordered, that the same be certified to the Senate.
The House adjourned until to-morrow.
103


Satukbay, 8th February, 184-5.
He House wet pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read. On motion of Mr. Brown, the House adjourned until Monday 10 o’clock. »
•Monday, 10th February, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of Saturday’s proceedings was read. Pursuant to previous notice given, Mr. Patterson, on leave, presented the following bill: Abilltobeentitled,An Act toprovideforthe erection pfapublic
jail and premises in the county of Monroe; ’
Which was read the first time, and ordered for to-morrow., ''
Notice was given of the intention to introduce on a future day the following bills, viz:
By Mr. Loring—
Of a bill to be entitled, An Act in addition to an act entitled an act in relation to liens created by judgment;
Also, a bill to be entitled, An Act in additiotrto an act concerningwills,'letters testamentary, letters of administration, and the duties of executors, administrators and guardians;
Also,abilltobeentitled, An"Acttoamendthe attachment laws.
By Mr. Chapman— ‘ -■ •
Of a bill to exempt homesteads from execution and attachment.
On motion of Mr. Heir, the Resolution adopted on a former day, to meet at 10 o’clock, A. M„ and adjourn at 1 o’clock P. M., on each day, was rescinded.’
On motion of Mr. H&ddock, he was excused from serving on the Select Committee, to whiohwas ’referred the petition from Duval County, praying a division of said county, and Mr. Philips was added to said committee. . ’
Pursuant to previous notice given, Mr. Ferguson introduced a bill to be entitled, An Act to amend an act to' incorporate the Trustees of the Presbyterian Church of Quincy j
Which was read the ’first time, the rule waived, Tead the second and third time, and passed, with the title as stated. Mr. Crichton presented a petition from numerous citizens ofDuval County, opposing a division of said County;Which was read, and referred to the Select Committee havingcharge of that subject.. Mr. Heir offered the following resolution:
Be it Resolved by the House of Representatives of the LegislativeCouncilof Florida, ThataSelect Committeeoffivemembers ofthis House, be appointed, whose duty it shall be to investigate the situation
104


andaffairs oftheTreasury Department oftheTerritory, withpower to send for the persons and papers of the Auditor and Treasurer.
Which was read and adopted, and Messrs. Heir, Baldwin, Haddock, Loring and Bush, appointed said Coinmittee.
Mr. Long offered the following Resolution:
Resolved, That both Houses ofthis Legislature do adjourn, sine die, on Tuesday, the 25th instant. Mr. Heir moved that the said resolution be laid on the table until the 25th March. On which motion the ayes and noes were called for by Messrs. Heir and Long, and were as follows : Yeas—Messrs. Brown, Crichton, Ferguson,; Goff, Haddock, Heir, Ivey, Mays, Patterson, Philips, Porter and Speer—12. Nays—Mr. Speaker, Messrs. Chapman, Child, Dela RuarHart, Long, Loring, McClellan, Rogers, Turner and Wilkison—11. So the motion prevailed, and the resolution laid on the table until
the 25th March.
Mr. Rogers offered the following Resolutions:
Resolved, That our Delegate in Congress be instructed to procure the passage of a law authorizing the Judge of the Southern judicialDistrict of Florida, to hold the terms of the Superior Courts in the countiesofBenton and Hillsborough, in the Eastern District ofFlorida, andproviding thatalljudicialacts donebyhiminthose counties, shall have the same force and effect ag those done by the Judgeofthe Eastern District.
Resolvedfurther, That the Judge ofthe Eastern Judicial District of Florida is not exempt from holding the Courts in said Counties, except the Judge of the Southern District agrees to hold them in his stead.
Which was read, the rules waived and adopted, and ordered to be certified to the Senate. Mr. Heir, from the Committee on Preambles and Resolutions, to
â– which was referred a Preamble and Resolutions, asking an appropriation for removing obstructions in .Yellow River, reported the same without amendment;
Which report was concurred in, and the resolutions placed amongthe orders ofthe day.
’ Mr. Heir, from the Committee on Corporations, to which a bill to beentitled, An Acttorepeal theCharter oftheBankofFlorida, was referred, reported said bill without amendment';
Which report was concurred in, and the bill reported placed
among the orders of the day.
The Senate transmitted to the House a bill to be entitled, An Act
to reduce the expenditure of the Government, provide for the elec
tion of Auditor, and for other purposes;
Which was read the first time, thirty-one copies ordered to be printed, and ordered for to-morrow. The Senate returned to the House, Preambles and Resolutions originating in this House, as follows : ’ Preamble and resolutions, asking the passage of a law by Con
m
gress
declaring the town of Milton, in Santa Rosa County, a port of
entry;
Which was amended in the Senate by striking out the word “ Navy” and inserting “ Treasury” in lieu thereof. Which amendment was concurred in by the House. Preamble and resolutions, relative to the opening of a Road from Newnansvillo to Tampa Bay;
Adopted by the Senate without amendment.
Preamble and resolutions relative to a Light House on Key Biscayne, Cape Florida; Adopted by the Senate without amendment. Preamble and resolutions, asking an appropriation for removingobstructions in Miami River ;
Adopted by the Senate without amendment.
The Senate also returned to the House the following bills, viz :
" An act to authorize Alexander Hunt to est&blish a Ferry on the Suwannee River;
Passed by the Senate without amendment. (
An act to establish and regulate Pilotage on the waters and in the harbors of Dade County; Passed by the Senate without amendment. Mr. Bush, from the Committee on Enrolled Bill, made the follow
ing report: The Committee on Enrolled Bills have examined the followingbills and resolutions, and find them correctly enrolled, viz :
A bill to be entitled, “An act to amend an act entitled an act to raise a revenue for the Territory of Florida,” approved November 22d, 1829.
Resolutions in relation to the claim of Gibson A Hibbard forprinting for the Executive Department. All which is respectfully submitted.
A. H. BUSH, Chairman.
ORDERS OF THE DAY,
A bill to be entitled, an act to exempt private Libraries from Exe
cution ;
Was read the second time and referred to the Judiciary Committee.
A bill to be entitled, an act to amend the several acts in relation to
the Limitation of Actions, and for other purposes ;
Was read the second time, and referred to the Judiciary Committee.
A resolution from the Senate, directing the Commissioner ot the
city of Tallahassee to proceed forthwith to dispose of the lands and
lots of the Territory, granted for the erection of the Capitol, &c;
Was read the third time, and adopted, without amendment.
Preamble and resolutions, asking the establishment of a mail tri
weekly between Chattahoochie and Apalachicola;
Was read the second time, and ordeied for to-morrow.
Preamble and resolutions, relating to Stationary for members of
this House;
14
106

106
Wasreadand adopted. Preamble and resolutions, relative to obstructions in the San Taffee River; Was read the second time, and referred •to the Committee on Preambles and Resolutions, asking appropriations, &c.
Preamble and resolutions asking opr Delegate in Congress to endeavor to have appointed a Custom House officer for Indian River Inlet and Jupiter Bars ;
Was read the second time, and ordered for to-morrow. A bill to be entitled, an act for the protection of the rights of Females ; Was taken up, and made the special order of the day for to-morrow. An act to authorize Lewis Miller, Sen., to establish a Ferry across Holmes’ Creek; '
Was read«the first time, and ordered to be engrossed for to-morrow.
A bill to be entitled, an act to legalize the elections of Mosquito, now Orange, County; Was read the second time, and ordered to be engrossed for to-mor
row.
Resolutions relating to a Penitentiary;
Came r.p on their third reading, and were laid the table.
An act to amend an act relative to crimes and misdemeanors, ap
proved 10th February, 1832 jWas read the second time, and referred to the Committee on the Judiciary,
Preamble and resolutions asking an appropriation for the improve, ment of the navigation of the straight channel in the Apalachicola Bay;
Were read the third time, adopted, and ordered to be certified to the Senate. An act to amend an act regulating the mode of proceeding on Attachments ; Was read the second time, and referred to the Committee onjheJudiciary.A bill to be entitled, an act to provide for the holding of an additional term of the Superior Court in the Eastern District;
Was Tead the second t me, and postponed until to-morrow.
A bill to be entitled, an act for the relief of D. D. Young;
Mr. Heir moved a substitute for said bill, and on the question of the adoption of said substitute, the yeas and nays were, called for byMessrs. McClellan and Ferguson, and were :
Yeas—Messrs. Brown, Chapman, Child, Crichton, J)e la Rua, Hart, Heir, Ivey, Long, Loring, Patterson, Philips, Speer, Turner and Wilkison—15.
Nays—Mr. Speaker, Messrs. Busfi, Ferguson, Haddock, Mays,McClellan, Porter, Rogers and Sanchez—9. So the substitute was adopted, and the bill substituted ordered to be engrossedfor to-morrow. 0 The House adjourned until to-morrow, 10 o’clock.
107
-107

Tuesday, 11th February, 1845.
The House met pursuant to adjournment, and 14 quorum being present, the journal ofyesterday’s proceedings was read."
Mr. Heir informed the -House that his colleague, Major Taylor, was confined at home by indisposition, and asked that the same be noticed on the journal.
Motion granted.
Mr. Crichton gave notice that he would, on some future day, ask leave to 'introduce a bill to be entitled, An Act to authorize John Sheifler to establish a ferry across the South Prong of Black Creek.
Pursuant to previous notice given, the following billd were intro, duced, viz: . ,
By Mr. Loring—
A bill to be entitled, An Act to amend the Attachment Laws;
Which was read the first time, and ordered for to-morrow.
By Mr. Loring—
A bill to„be entitled, An Act in addition to an act entitled an act in relation to liens created by judgment; Which was read theifirst time, and ordered for to-morrow. By Mr. Patterson— A bill to amend an act entitled, An Act to organize the Monro® County School;
Which was read the first time, the riile'waived, read a second and
third time, and passed.
Title as stated.
By Mr. McClellan—
A bill to be entitled', An Act to amend an act to incorporate the
town of Columbus, approved 14th March, 1844;
Which was read the first time, the rule waived, read the second
and third time, and passed, with the title as stated.
By Mr. Loring—
A bill to be entitled, An Act to fix the time of holding the Supe.
rior Courts of the Eastern District ofFlorida;
Which was read the first time, and ordered for to-morrow.
Mr. McClellan moved that the printer of the House of Represen.
tatives do furnish, from time to time; to each Representative ten co
pies, and the Senate one copy, of the corrected Journal of the House
of Representatives, as its printing progresses, to be stitched in pat
cels of thirty-two pages or more each, and that the number of copies
so furnished be deducted fiom the copies required by law, to be prin
ted and published annually.
Mr. Bush offered the following resolhtion :
Revolted, That'there' be appointed a select committee of three on
Engrossed Bills, with leave to report from time to time as business
may require.
Which resolution was adopted, and Messrs. De la Rua, Spencer
and Long were appointed said committee.
Mr. Loring? from the Committee' on the state of the Territory, to
which‘'was referred a petition of sundry citizens of Monro® County,
108


praying a reduction of the tax impossed on salesjof Real Estate sold at Auction, &c., reported favorable to the prayer of the petitioners,
Which report was concurred in.
Mr. Heir, from the Committee on Preambles and Resolutions ask, ing appropriations, reported favorable on the preamble and resolutions relative to removing obstructions in the Santa Fee River.
Which report was concurred in, and the same placed among the orders of the day.
Mr. Loring, from the select committee, to which was referred the memorial ofcitizens of Alachua County, praying a division of said County, reported a bill to.be entitled, an act to organize a Count)'tobe called Levy County.
Which was read the first time,’ and ordered for to-morrow.
The Senate returned to the House a bill entitled, an act respecting Witnesses, and informed the House that said bill had been passed in the Senate, amended by striking out the word “ word/’ and inserting the word “ record” in its place, and asked the concurrence of the House on said amendment.
Which bill was read, and the amendment of the Senate concurred in. .
The Senate transmitted to the House a bill, which had passed that Dody, entitled, an act further prescribing the duties of recording officers.
Which was read the first time, and ordered for to-morrow.
Also, a bill entitled, an act to amend the reyenue laws of the Territory.Which was placed among the orders of the day.Mr. McClellan moved that the House adjourn until to-morrow, 9
o’clock. The yeas apd nays were called on said motion by Messrs. Longand Heir, and were :
Yeas—Messrs. Baldwin, Child, Crichton, Goff,, Haddock, Ivey,Mays, McClellan, Patterson, Randolph, Rogers, Speer, Turner and Wilkison—14.
Nays—Mr. Speaker, Messrs. Brown, Bush, Hart, Heir, Long, Loring, Porter, Sanchez and Spencer—10. So the House adjourned until to-morrow, 9 o’clock.
Wednesday, 12th February, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read.
On motion of Mr. McClellan, the rules were waived, and messages from the Senate were first taken up, viz:
A bill to be entitled, an act to incorporate the Preachers Aid Society of the Florida Annual Conference of the Methodist Episcopal Church ;
Passed by the Senate without amendment, ®
Also, a bill to be entitled, an act to incorporate the Trustees’of the
109


“Fund'of Special Relief” of the Florida Annual Conference of the Methodist Episcopal Church ;
Passed by the Senate without amendment.
Also, resolutions requesting our Delegate in Congress to endeavor to procure the establishment of a Post Office at Campbellton, Jackson County; . ,
Adopted by the Senate without amendment. .
A bill, passed by the Senate, to be entitled, an act to provide for the teste of Writs, and other process; Which was placed among the orders of the day.Mr., Crichton gavq notice of his intention, on some future day, to
ask leave to introduce a bill to be entitled, an act in relation to Roads and Highways in Duval County. , Pursuant to previous notice given, Mr. Chapman, on leave, intro duced the following bill, viz: . A bill to be entitled, an act to exempt Homesteads from execution, attachment and distress.
Which was read the first time, and ordered for to-morrow.
Mr. Hart offered the following preamble and resolutions:
Whebeas, The County of St. Lucie, in this Territory, now lies in two Judicial and Senatorial Districts, to-wit: the Eastern and Southern, which places the inhabitants of said County in a very awkward position, both as regards the.judicial proceedings of the two said Districts, and the election of Senators to the Legislative Coun
cil : And whereas, a change of the present dividing line between the two said Judicial and Senatorial Districts, so as to place the said County wholly within one of said Districts, would remedy these evils, and is very much desired by the citizens of said County.* Therefore, . .
Be it Resolved, by the Governor and Legislative Council of the Territory of Florida, That our Delegate in Congress be, and he is hereby, respectfully requested to use his best efforts to obtain the, pas-page of a law by Congress changing the dividing line between the Eastern and Southern Judicial and Senatorial Districts, to the present dividing line between Orange and St. Lucie Counties, so as to place St. Lucie County in the Southern Judicial and Senatorial District.
Be itfurther Resolved, That as soon as this preamble and resolution shaH have passed both Houses, and been approved by the Governor,a dulyauthenticated copythereofbeforwarded to ourDelegate in Congress. . <
Which was repd the first time, and ordered for to-morrow.
Mr. Bush offered the following resolution :
Resolved by the Governor and Legislative Council of the Territoryof Florida, That our Delegate in Congress be and he is hereby requested to use his best exertions to procure the passage of a law byCongress to give to the people of Florida the right of electing their Governor, and to the Legislature of said Teriitory the right of electing the Judges of the Superior Courts of said Territory.
Which was lead the first time, and ordered for to-morrow. ^
110


Mr. Spencer, from the select committee to which was referred a petition from sundry citizens of Franklin County, praying a reduction of the tax on Billiard Tables, reported a bill to be entitled, an act to reduce the Territorial tax on Billiard Tables.
Which report was concurred in, the bill reported, read the first time, and ordered for Monday next. Mr. Bush, from the Gommittee on Enrolled Bills, made the follow, ing report: The Committee on Enrolled Bills have examined the followingbills and resolutions, and find them correct enrolled, viz : Preamble and resolutions, asking Congress to make the town of Milton a port of entry.Preamble and resolutions, asking.Congress for an appropriation to remove obstructions in the Miami River. Preamble and resolutions relative to a Light House on Key Bis. cayne.Preamble and resolutions relative to opening a road from Newv nansville to Tampa Bay.An act to authorize Alexander Hunt to establish a Ferry on the Suwannee River. An act to establish and regulate Pilotage on the waters and in the harbors of Dade County.All which is respectfully submitted.
A. H. BOSH, Chairman. Which was read. Mr. Child, from a select committee, made the following report: The Select Committee to which was referred the petition of
John M. Hanson, praying to be released from a judgment Tendered against him in the Superior Court at Jacksonville, in the
â– County
of Duval, and Eastern District of Florida, as one of the securities on the recognizance of John O. McMullin and Dean

P.
Bryant, have had the same under consideration, and have made a careful inquiry into the matters set forth in the petition, and have also investigated the circumstances connected with the transaction up. on which the petition is founded, and the committee have arrived at the conclusion, not hastily, but after mature deliberation and reflec. lion, that the case of the petitioner is one that presents exceeding strong grounds for relieffrom the Legislature.


It appears that application was made by Col, Hanson for relief to the last Legislative Council, upon Which occasion an able and full report was made by the committee to which the matter was referred. This report, which was favorable to the petitioner, was accompaniedby a resolution for his relief, and the Senate concurred iff the report,and adopted the resolution, but as there was not sufficient time to act upon it in the House, the petitioner for that reason failed then to obtain the relief which, in the opinion of your committee, the circumstances of his case most strongly entitle him. The committee have availed themselves of the information given in the report referred to, and the evidence collected by that committee on the subject, and
1111


have also sought and obtained information from other sources upon which they can rely.'
It appears that Dean P. Bryant and John 0. McMullin, who were residents of Tallahass.ee, were on a visit in 1040 in the County of Duval, East Florida, where they were entire strangers to the people, andwhilsttherebecameinvolved inaquarrelwhichwasunprovoked bythem,and whichresultedintheirarrest forthecrime ofhomicide, and their subsequent incarceration in a damp and unwholsome prison, to await their trial at the succeeding term of the,Superior Court for tho said County of, Duval. . Some time in June or July preceding the term of the Court before which their case was to be submitted, they were brought befoie the Judge of that Court on a writ of habeas corpus, and a full hearing was had upon all the evidence, and after sol-emn argument, they were ordered to he discharged on giving bail for their appearance at the December term ofthe Duval Court; but
' as they were utter strapgers in the community, there was great difficulty in obtaining the requisite security. In dhis extremity, far from home, and from their friends and relatives,-an appeal was made’ to Col. Hanson, and other gentlemen, in behalfof these unfortunate young’ men, which few, possessing the common feelings of humanity,could resist; and this appeal was sustained by letters from Tallahassee, from individuals of the highest respectability, representing the previous conduct and character o^ these young men in the most favorable aspect. The agony and affliction of a widowed and distressed mother was invoked to influence the persons thus appealed to; and what human heart, not encased in iron, and whose feelings are not steeled against the promptings of humanity, could withstand the strong solicitations of maternal affection'! Moved by such influences, and confiding,unfortunately,inthehonoroftheypungmen,upon the representations of those who gave assurances that they would promptly meet their engagements, Col. Hanson, with others, became hound for their appearance at the -December term of the SuperiorCourt for the County ofDuval.
•They did not appear at that term of the Court, and .the probability is that if they had, they would not have been tried then, or in that County. • The committee have been informed that letters, ora letter, was written to some person at Jacksonville, .and the individual from whom such information was derived is under the impression that the letter was read in Court, giving a reason for the non-appearance of the two young men at the December term of 1840, and also .giving assurances that they would be present at the May term in 1841.
The committee have learned from sources upon which they can rely, that Dean P..Bryant was, from-a severe attack of sickness, not in a situation to attend the Court in Duval County, at the'December term, 1840, and that John O. McMullin was not in the Territory, having previously left it on business, apd did not return until after the May term, 1841, of the Coprt for Duval County. The absence of McMullin may have been the reason why Dean P. Bryant did not attend the Court at the May terra, 1841, if he was then in the country, -of which there appears to be some dqpbt. At all events,
112
il.12

the committee have received the most satisfactory evidence that Bryant was in New Orleans in the summer of 1841, and died there sometime in August ofthatyear, ofthe yellowfever. McMullin, after bis return to the Territory in 1841, left it again, and on his second return, sometime in January, 1842, he was arrested on a bench warrant issued against him at Tallahassee, and thrown into prison,and whilst an application for his discharge on a writ of habeas corpus was under consideration, he contrived to elude the guard, and make his escape; went afterwards to Texas; was made prisoner at the battle ofMier, and confined in a Mexican dungeon at Perote.
The committee are satisfied from their inquiries, that the recognisances of Bryant and McMullin were not estreated at the December term, 1840, but that the cases were postponed to the May term, 1841, of the Duval Superior Court, and then the recognizances were estreated.
Shortly afterwards suit was instituted against the securities, and at the December term, 1842, judgment by default was taken against Colonel Hanson, because acting under wrong information in relation tothestateofthesuitsoinstituted,hiscounsel didnottaketKestepswhich he would otherwise have done to present a defence. By this judgment, passed as it is, too, hurriedly, in a case so peculiarly situated, as to its circumstances, Col. Hanson was deprived of making anydefence whatever.
Ifitbesaidthatsufficient diligencewasnot used bythesecurities to compel the appearance of Bryttnt and McMullin. a reasonable excuse will he found in the belief, that although they failed to appear at the December term, 1840, and for reasons which ought to be satisfactory, they would do so at the May term, 1841. And in addition to this, the disturbed state ofthe country, infested by hostile and savage Indians, rendering travelling through the country extremely hazardous, ought to be taken into consideration. But it seems that means were resorted to to compel their appearance, after their failure to appear at the May term of 1841; and it is believed, from the information the committee have received on the subject, that this step was taken at the instigation of Col. Hanson. A capias was issued from the Duval Superior Court, and transmitted to the Marshal ofthe Middle District of Florida, to arrest Bryant and McMullin, and why the same was not executed, the committee are unable to say.What other course could Col. Hanson have adopted! He could not have doubted, and there is no Teason why be should, that the capias would have been promptly executed, if it were in the power of the officer to do so, and the committee have no reason to doubt that the non-execution of the writ, by the officer to whom it was sent, was attributable to circumstances beyond his control. IfCol. Hanson, having determined to expose his own life amidst hostile Indians, had come to Tallahassee to urge the arrest of these young men,* it can scarcely be presumed that he would have been more successful, or that they would not have eluded his efforts, as they may have done those of the officer, fo arrest them. Bryant has been constrained to obey a higher mandate than any that could issue from an earthly
113


court, and has been summoned-to appear before his God, to .render an account of his doings in this world, to answer for a violation of theDivinelaw, andforwrongs donehisfellowman. McMullinwas, after the violation of his honor, pledged to a generous and confidingfriend, arrested and thrown into prison, from'which he made his escape, and which ofitself, the committee think,-is sufficient to exonerate Col.Hanson,butifheescaped, itwas onlytobeimmured,ina short time afterwards, in a Mexican dungeon in Perote, If these young men were guilty of the offence charged to them, signal and severe has been their consequent punishment, and the demands of the law will scarcely require of us, under these circumstances, to be unrelenting as well as deaf to the appeal made to us by an unfortunate and deceived fellow-citizen, whose condition in life is, as the com-' mittee are assured, not such as can sustain the enforcement of this judgment against him, but that he must thereby be utterly ruined. Two of the individuals, his co-securities, have been released frott their responsibility by the Bankrupt Act, while the*situation of the others, it is believed, scarcely warrants the slightest hope of any assistance from them, and the whole weight of the law would rest on
Col. Hanson.
The views of the committee are sustained by numerous petitionsfrom citizens residing in different counties in East Plorida, and manyoftheminthe verycommunitywhich wasthe scene of.the unhappy occurrence, and also in Middle Florida, respectable,-intelligent and reflecting men, whose moral character is such as to warrant the beliefthatthey would notforslightreasonsoverlook the claims ofpublic justice, merely to gratify the feelings of private friendship.
The committee herewith -submit letters' fiom Jas. D. Westcott,
Esq., and statements from other gentlemen, with the following bill
for the relief of Col. Hanson.
All of which is respectfully submitted.
' J. CHILD,
Chairman’Select Committee.
Which was read.
On the Question of.concurring in said report, the yeas and nays
were called for by Messrs. Baldwin and Haddock, and were as fol
lows :
Yeas—Mr. Speaker, Messrs. Brown, Bush, Chapman, Child,
Crichton, De la Rua, -Ferguson, Goff, Hart, Long, Loring, Mays,
Patterson, Speer, Spencer, Turner and Wilkison—lf3.
Nays—Messrs. Baldwin, Haddock, Ivey, Porter and Sanchez—5.
So the report was concurred in, the bill reported for the relief of
John M. Hanson, read the first time, and ordered for Monday next.
ORDERS OFTHEDAY.
A bill to be entitled, an act for the protection of the rights of Females ;
Came up on its third reading.
Mr. Loring moved the indefinite postponement of said bill, and the
15
114


yeas and nays being called for on said motion by Messrs. Long ancf Bush, were as follows :
Yeas—Messrs. Ferguson, Haddock, Ivey, Loring and Sanchez—5.
.Nays—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman,Child, Crichton, Deia Rua, Goff, Hart, Long, Mays, Patterson, Por. ter, Speer, Spencer,-Turner and Wilkison—18.
So the motion faded. On the question, shall the bill pass i the yeas and nays were called lor by Messrs. Ferguson and Baldwin, and were :
Yeas—Messrs. Baldwin, Brown, Bush, Chapman, Child, Crichton, De la Rua, Goff, Hart, Long, Mays, Patterson, Porter, Rogers,Speer, Spencer, Turner and Wilkison.
Nays—Mr. Speaker, Messrs. Ferguson, Haddock, Ivey, Loringand Sanchez. Mr. McClellan camein duringthecall, andonleavegrantedhim,
Mr. Bush moved that absent members be. allowed to record their
f recorded his vote in the affirmative.
So the vote was announced, Yeas, ---r Nays, ----- -20 6

votes onthe passage of said bill, on cominginto the House.
Which was granted by the House.
So the said bill passed.
Mr. Bush moved that the title be “ An act to secure certain rights to women.”
So the motion prevailed.
Ordered that the same be certified to the Senate.
Messrs. Philips and Walker came in, and recorded their votes in
the affirmative on the bill entitled, “ An act to secure certain rights to women.” A bill to be entitled, an act to provide for the sale of Equities of Redemption; Was read the second time, postponed until, and made the special order of the day for, to-morrow. A bi'l to be entitled, an act -to provide for the election of Justices of the Peace;
Came .up on its second reading.
On motion of Mr. Baldwin the House resolved itself jn committee of the whole, Mr. Heir in the Chair, on said bill. After some time, the’ committee rose, and reported the bill to the House with amendments.
Which report was concurred in, and the bill, as amended, read the second time, and the further consideration thereof postponed until Friday next.
A bill, from the Senate, entitled, an act to amend the law, approved March 15th, 1844, to incorporate the inhabitants of the different Townships of this Territory;
f Was read a second lime, and referred to the Committee on Schools and Colleges.
At the request of Mr. Heir, Mr. Brow# moved a reconsideration
116
115

of the vote, this morning, oh the passage of a bill entitled, an act to secure certain rights to women. On the question of a re-consideration, the yeas and nays were called for by Messrs. Heir and Loring, and were:
Yeas—Messrs. Baldwin, Brown, Ferguson, Haddock, Hart, Heir, Ivey, Boring, McClellan, Philips, Porter, Sanchez, Spencer and Wil-kison—14.
Nays—Mr. Speaker, Messrs. Bush, Chapman, Child, Crichton, De la Rua, Goff, Long, Mays, Patterson, Rogers, Speer, Turner and Walker—14'.
So the motion was lost.
Mr. Heir moved to record his vote in the negative on the passage of the bill entitled, An Act to secure certain rights to women ; Which motion prevailed, and the same recorded. A bill to be entitled, An Act to amend the several acts now in
force in relation to proceedings in Chancery, Was read the second time, and referred to the Committee on the Judiciary.A bill to be entitled, An Act to increase the jurisdiction of Justices of the Peace in civil matters, Was read the second time, and referred to the Judiciary Committee. A bill to be entitled, An Act to amend the several acts in relation to Crimes and Misdemeanors, was read the second time. Mr. Heir offered the following as an additional section to the bill, viz:
Sec. 3. Be itfurther enacted, That the Judge before whom anycriminal shall be tried and convicted, if said convict be imprisoned for any length of time, the said Judge may, at the expiration of said term of imprisonment, if in his discretion the offender has suffered commensurate with the crime committed, older the release of said prisoner, without the payment of costs, in case of his inability to paythe same.
Which amendment was adopted, ordered for to-morrow, and fifty copies ordered to be printed. The House adjourned until to-morrow, 10 o’clock.
Thursday, 13th February, 1845.
The House met pursuant to adjournment, and a quorum being pre. sent, the Journal of yesterday’s proceedings was read.
Mr. Heir made the following motion:
Whereas, Mr. Brown on yesterday moved a re-eonsideration of the vote on the bill “ to secure certain rights to women,” for the purpose of enabling Mr. Heir to offer an amendment to the bill, which he had been deprived of an opportunity of-doing, by reason of his absence when the bill came up in order; which motion not prevailing, Mr. Heir now mqves to spread upon the journals of to-day
1:16

116
the amendment he intended offering, so that his proposition may appear, and on this motion he asks for the ayes and noes. The ayes and noes were called for by Messrs. Mays and Ferguson, and were:
Yeas—‘Mr. .Speaker, Messrs. Brown, Bush, Chapman, Child, Crichton, Ferguson, Goff, Haddock, Hart, Loring, Mays, McClellan, Patterson, Philips, Porter, Rogers, Sanchez, Speer, Spencer, Turner, Walker and Wilkison—23
Nays—0, So the motion prevailed, and the following inserted: Be it enacted by the Governor and Legislative Council of the Ter.
ritory of Florida, That hereafter, when any women, a citizen of this Territory, shall marry, or when any women shall marry a citizen of this Territory, the woman being seized or possessed of real or per*
-sonal property, as a marriage portion or jn any other legal manner, and any real or personal property of which she may become seized or possessed during coverture, by gift, purchase, demise, distribution, or other legal mode, shall not be taken or held subject to execution for the payment ofthe debts ofher husband.
Mr. Brown informed the House that his colleague, Mr. Cromar. tie, was preventedirom attending to his duties in the House by severe family affliction, and moved that he therefore be excused for the balance of this week.
Which motion prevailed, and leave of absence granted Mr. Cromartie accordingly.
The Speaker informed the House that he would be compelled to retire from the Chair for the day, in consequence of indisposition,and Mr. Baldwin took the Chair as Speakerpro tem far the day.
Notices-were given of the intention, on a future day to ask leave
to introduce the following bills, viz: By Mr. Goff; ' Of a bill 56 be entitled, an act to provide for the building a Court
House and J ail in the County of Hillsborough. 1 By Mr. Baldwin: -„ , Of a bill to be entitled, an act to apportion the representation of
the House of Representatives. By Mr. Ferguson: Of a bill to be entitled, an act to repeal the present Dower laws
of this Territory.'Pursuant to previous notice, the fbllo.wing -bills were introduced,
viz: ByMr. Bush : 1 A bill to be entitled, an act to provide for change of venue in crim
inal cases. Which was read the first time, and ordered for to-morrow. By Mr. Porter: A bill to be entitled, an act to authorize Alexander McAlpin to es
tablish a Ferry across the Chipola River. Which -was read the first time, rule waived, read the second and third times, and passed, with the title as stated.
117


>By Mi'. WilUson : .
A.bill to be entitled, an act to authorize George W. Thompson to
establish a Ferry across the Escambia River.
Which was read the first time, and ordered for to.-morrow.
Mr. Bush moved that the leport of the Committee on Schools and
Colleges, relating -to the location of Sixteenth Sections by the citi
zens of Lafayette Township, be taken from the table and placed with
the resolutions on said subject, among the order?, of the day..
Which motion prevailed.
Mr. Spencer moved that.the preamble and resolutions, relative to the establishment of a mail route, tri-weekly, between Chattahoochie and Apalachicola, be placed first among thp orders for tO-day.
Motjpn granted..
Mr. Goff offered the following preamble and resolutions, viz:
. WlfBBEjiS, the counties of Hillsborough and Benton are continu-
â– ally becoming more populo.us: And whereas, much inconvenience js encountered by the settlers, from the great want of roads in that section of country, as well as from the decayed state of bridges: Apd whereas, the citizens of Benton county are driven to the necessity, while on their way to Tampa.Bay, (it being their only place of trade,) of delaying their time in repairing the_ bridge ,across the bigHillsborough River; And whereas, the United States mail, in its transportation from Palatka to Tampa Bay, necessarily passes-over the Hillsborough River, which will in a short time be rendered impassable, from the decayed state ofthe aforesaid bridge : Therefore,
Bp it Resolved bp the Governor-and Legislative Council qf the Territory qf Florida, That, our Delegate be, and he is hereby requested, to.rise his best exertions, to ohtain an appropriation of one thousand-dollars, for the building ofa bridge acioss the HillsboroughRiver, at the place known at Fort Foster.
Be 11further Resolved, That so goon as the foregoing preamble and these resolutions shall have been adopted, a certified copy there, of be forthwith transmitted -to the Hon. David Levy, by him to be laid before Congress at as early a day as practicable.
Which were -read the first time, the rule waived, read the second and third times, and adopted.
Ordered that the same be certifiee to the Senate.
Mr. Goff ahfo offered the following .preamble and resolutions, yiz :
Whereas, the portofTampa engrosses the chiefpart ofthe trade
on the Western side ofthe Peninsula ofFlorida, and from its favorablepositionandadvantages, in acommercial pointofview, isgreatlyincreasing in trade, and will soon become an important port: And whereas, vessels suffer gieat inconvenience from the want ofa Light House at the entrance of said Bay : Therefore,
BeitResolved bythe Governor dndLegislativeCounciloftheTerritory of Florida, That our Delegate in Congress be, and he is hereby earnestly requested to urge upon Congress the absolute necessity and propriety of having a Light House speedily erected uponEgmont Key, or some other suitable place.
Be it further. Resolved, That as soon as the foregoing preamble
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and these resolutions shall have been adopted, a certified copy of tha same be forthwith transmitted to the Hon. David Levy, by him to bplaid before Congress as soon as practicable.
Which was read the first time, the rule waived, read a second and third times, and adopted.
Ordered that the same be certified to the Senate,
Mr. Turner offered the following:
Resolved by the Senate and House of Representatives of the Leg. islative Council of Florida, both Houses concurring in the same, That this Legislature do adjourn sine die, on Tuesday, the 4th of March nest.
Which was read the first time. Mr. Heir moved that the resolution be laid on the table until the 4th March next. Which motion was rejected, and the resolution ordered for a second reading to-morrow. v Sir. Ferguson, frotn the Judiciary Committee, made the following report:
The Judiciary Committee, to which was referred a bill to amend an act relative to crimes and misdemeanors, approved 10th February, 1832, have had the same under consideration, and after mature reflection, report:
That, in the opinion of the committee, the existing provisions are amply sufficient to prevent any evil that may arise, and therefore report against said bill.
I. FERGUSON, Jr., Chairman. Which report was concurred in, and the bill reported back lost. Mr. Ferguson, from the Judiciary Committee, to which was re
ferred a biH entitled, an act to exempt private Libraries from execution, reported the same without amendment. Which report was concurred in, and the bill placed among the orders of the day.
Mr. Ferguson, from the Judiciary Committee, to which a bill entitled, an act to increase the jurisdiction of Justices of the Peace, originating in the Senate, had been referred, reported unfavorable to the bill.
Which report was concurred in, and the bill rejected. Mr. Ferguson, from the Committee on the Judiciary, made the following Report:
The Judiciary Committee, to which was referred the bill entitled, “ An Act to consolidate civil actions in certain cases,” have had the same under consideration, and ask leave to REPORT unfavorablythereon, and asjt to be discharged from the further consideration of the subject. I. FERGUSON, Chairman,
On the question of concurring in the report of said committee, the yeas and nays were called for by Messrs. Brown and Loring,and were:
Yeas—Messrs. Baldwin, Bush, Child, Crichton, Ferguson, Haddock, Hart, Heir, Mays and Turner—10.
Nays—Messrs. Brown, Chapman, De la Rua, Goffi Long, Lor*
119


ing, McClellan, Philips, Randolph, Rogers, Sanchez, Spencer and Wilkison—13. So the House refused to concur in said report, and the hill reported to the House re-committed to the Judiciary Committee. Mr. Bush, from the Committee on Enrolled Bills, made the following report: The Committee on Enrolled Bills have examined the followingBills and Resolutions, and find them correctly enrolled, viz : Resolutions in relation to ,a Post Office at Campbelltown, in Jackson county.An Act to njcorpprate the Trustees of the Fund of Special Relief jothe FloridaAnnual Conference oftheMethodistEpiscopalChurch-
•An Act respecting Witnesses, An Act to incorporate the Preachers’ Aid Society of the Florida Annual Conference of the Methodist Episcopal Church. All which is respectfully submitted.
' A-H. BUSH, Chairman, Which Was read. His Excellency the Governor transmitted to the House the follow
ing message:
Executive Department, >
Tallahassee, February 13th, 1845. 3
Gentlemen of the Senate and House of Representatives:
I herewith transmit to you a copy of a communication which I
have received from the President of the Union Bank, relative fo a
loan made by that institution to the Territory in the fall of 1839, for
thedefence ofits inhabitants.
I have the honor to be, your obedient servant,
, JOHN BRANCH.
1 (corv.)
Union Bank qf Florida, >
Tallahassee, February 7th, 1845. 3
Sir—In the fall of 1839, this Bank lent to the Territory of Florida
the sum of fifty thousand dollars, to enable the Governor to defend*
its inhabitants against the hostile incursions of the Indians j and as
evidences of the-debt, it received fifty bonds of one thousand dollars
each, payable with interest, at the rate of eight per cent per annum,
at the Bank of the U. .States ip. Philadelphia—the interest to be
paidhajfyearly. Thosebondswere issuedbyvirtue ofanactofthe
Governor and Legislative Council, approved 4th March, 1839.
In the month of January, 1842, Gen. Mercer, the cashier of the
Bank, acting as the agent of the Governor, received from the Gov
ernment of the United States, the sum of thirty-five thousand four
hundred and sixteen dollars, ($35,416), to be applied toward pay.
ment of the bonds; and it sufficed to pay four thousand dollars ofin
terest due upon them on 1st January, 1842, and to pay thirty-one
thousand four hundred and sixteen dollars of the principal—leaving
ofprincipal unpaid, the sum of eighteen thousand five hundred and
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eighty-four dollars, upon which interest from 1st January, 1842, is unpaid.
In a letter dated 2d January, 1844,1 respectfully asked your. pre. decessor to bringthesubject ofthesebondstotheBoticeoftheHonorable Legislative Council, in order that provision might be made for the payment at least of the semi-annual interest. No provision,however, has been made, and three years interest was in arrear on the first of last month.
The unpaid bonds have, by endorsement, been transferred to parties who supplied the funds for paying the interest upon Territorial bonds received by this Bank under the provisions ofits charter, and if the Legislative Council will provide the means of even paying the interest, it will enable the holders to make them hr some way available. Ifnothing more can be done, I respectfully suggest that the Coupons for the interest of the bonds, be made receivable in pay. ment of taxes, and other claims of the Territory upon its citizens.
Very lespectfully,
(Signed) JOHN G. GAMBLE, Pres’t.
Hon. John Branch,
Governor ofFlorida.
Which was read, and referred to the Committee on Claims. The Senate returned to the House the following Bills and Resolutions, originating in the House, *viz : Resolution respecting donation of Public Land to the County o Wakulla, for a Court House and for Common Schools.
Adopted by the 'Senate without amendment.
A bill entitled, An Act to amend an act to incorporate the Protestant Episcopal Chuich of St. John’s Parish, Tallahassee. Passed by the Senate without amerfdment. Also, a bill entitled, An Act to incorporate the Trustees of the Presbyterian Church of Quincy.
Passed by the Senate without amendment.
Preamble and resolutions in relation to the improvement of the straightchannelin theBayofApalachicola. Adopted by the Senate without amendment. The Senate transmitted to the House— Abill entitled,An Actfor thereliefofThomas T.Russell; Which was read the first time, and ordered for to-morrow. Also, a bill entitled, An Act tp divide the Western Senatorial District,
Which was read the first time, and ordered for to-morrow.
ORDERS OF THE DAY.
Preamble and Resolutions relative tp the establishment of a mail
route, tri-weekly, between Chattahoochee and Apalachicola ; Which was read the third time and adopted. . Ordered that the same be certified to the Senate. The House took a recess until 3 o’clock, P. M.
121


three o’clock, p. m.
ORDERS OF THE DAY—continued.
A bill to be entitled, An Act to provide for the sale of Equities of Redemption; Was postponed until, and made the special order of the day for to-morrow. A bill to be entitled, An Act to establish the County Site of Hillsborough County ;
Was read the third time and passed, with the title as stated.
A bill entitled, An Act to repeal the act entitled an act to suspendthe operation of the Revenue Laws for the year 1840, and to providefor the settlement of all arrears due to and from the Territorial Treasury ;Was read the third time. On the question ofits passage, the ayesand noes were called for by Messrs. Child and Bush, and were :
Yeas—Messrs. Baldwin, Brown, Bush, Chapman, De la Rua, Ferguson, Haddock, Hart, Heir, Lonng, Philips, Poiter, Spencer, Turner, Walker, Wilkison—16.
Nays—Messrs. Child, Crichton, Goff, Long, Mays, McClellan, Patterson, Randolph, Rogers, Sartchez, Speer—11.
So the bill passed, with the title as stated.
A bill to be entitled, An Act to amend the several acts relating to Depositions ; Was read the third time and passed, with the title as stated. A bill to be entitled, An Act to permit Nelson Gray to practice law in the several Courts in this Territory ;
Was read the third time and passed. Title as stated.
A bill to be entitled, An Act to amend the several acts now in force in regard to summoning Jurors ; Was read the third time and passed, with the title as stated. A bill entitled, An Act to fix permanently the County Seat of Wa
kulla County;(in the passage ofwhich bill the yeas and nays were called for byMessrs. Brown and Child, and were :
Yeas—Messrs. Baldwin, Bush, Child, Crichton, Ferguson, Haddock, Hart, Heir, Long, Loring, Philips, Rogers, Sanchez, Speer, Spencer, Turner and Walker—It.
Nays—Messrs. Brown, Chapman, Mays, McClellan, Patterson,
Randolph, and Wilkison—t. «
So the bill passed, with the title as stated.
Preamble and resolutions, respecting the navigation of the St.
Marks River,Weie read the third time, adopted, and oidered to be certified to vthe Senate. Preamble and resolutions, relating to a Road from Sopchope to Apalachicola; , Were read the thud time, adopted, and ordered to be ceitified to the Senate. 16
122


Preamble and resolutions, requesting our Delegate in Congress to urge the immediate application of an appropriation of fifteen hundred dollars, heretofore made by Congress to connect the waters of Indian River and Mosquito Lagoon.
Were read the third time, and adopted.
Ordered that the same be certified to the Senate.
A bill to be entitled, an act to authorize Alexander Clark to establish a Ferry across the Chipola River; Was read the third time, and passed, with the title as stated. A bill to be entitled, an act authorize John Gaskins to establish a
Ferry across Yellow River ; Was read the second time, rule waived, read the third time, and passed, with the title as stated. Preamble and resolutions, asking Congress for an appropriation to remove obstructions m Yellow River; Were read the first time, rule waived, read the second and third times, and adopted. A bill to be entitled, an act to provide for the erection of a public Jail and premises, in the County of Monroe ; Was read the second time, and ordered to be engrossed for to-raorrow. Preamble and resolutions, asking the appointment of a Custom House officer for Indian River and Jupiter Bars;
Were read the third time, and the yeas and nays being called for on the adoption of the same, by Messrs, Hart and De la Rua, were as follows:
Yeas—Messrs. Baldwin, Brown, Crichton, Goff, Haddock, Hart, Long, Loring, Mays, McClellan, Philips, Rogers, Sanchez, Speer, Taylor and Wilkison—16.
Nays—Messrs. Chapman, Child, De la Rua, Patterson, Porter and Spencer—6. So the Preamble and Resolutions were adopted, and ordered to be certified to the Senate. An engrossed bill to be entitled, An Act to organize the Centre-ville Greys;
Was read the third time and passed.
Title as stated.
An engrossed bill entitled, An Act to authorize Lewis Miller, sr., to establish a ferry across Holmes’ Creek, Was read the third time and passed.Title as stated. The House adjourned until to-morrow, 10 o’clock.
Friday, 14th February, 1845.
The House met pursuant to adjournment,and a quorum being present, the Journal of yesterday’s proceedings was read.
Mr. Heir moved that Mr. Richards be permitted to use the Legislative Hall this evening to deliver his lecture.
12!3


Messrs. Baldwin and Ferguson called for tlie yeas and nays on said motion, which were as follows :
Yeas—Mr. Speaker, Messrs. Brown, ChapVnan, Child, Crichton, Be la Rua, Goff, Haddock, Hart, Heir, Mays, McClellan, Patterson, Philips, Porter, Speer, Spencer, Taylor, Turner and Walker—20.
Nays—Messrs. Baldwin, Ferguson, Long, Rogers, Sanchez and Wilkison—6.
So the motion prevailed.
Mr. Patterson gave notice that he would, on some future day, ask leave to introduce a bill to be entitled, An Act to prescribe the mode of punishment for certain offences.
Mr. Wilkison gave notice that he would, on some future day, ask leave to introduce a bill to be entitled, An Act to authorize the County Court of Santa Rosa County to levy a tax on the citizens of said county for the purpose of building a jail.
Mr'. De la Rua moved the reconsideration of the vote taken on yesterday, upon the passage of a bill entitled, An Act to repeal the act entitled an act to suspend the operation of the Revenue Laws for the year 1840, and to provide for the settlement of all arrears due to and from the Territorial Treasury.
Which motion was rejected. , Mr. Brown presented the petition of Crawford Sprowl, praying to be divorced from his wife; Which was read and referred to a Select Committee, with powers granted to send for persons and papers.
Messrs. Brown, Spencer and Heir, were appointed said committee.
Mr. Philips presented a petition from Michael Peterson, of Duval county, praying a divorce from his wife Mary 'Peterson.
Which with the documents accompanying the same, were read and referred to a Select Committee, to consist of Messrs. Philips, Brown, Spencer and Heir.
Mr. Ferguson, from the Judiciary Committee, to whom had been referred a bill to be entitled, An Act to amend the several acts now in foice in relation to proceedings in Chancery, reported the bill back without amendment.
Which report was concurred in, and the bill placed among the
orders of the' day.
ORDERS OF THE DAY.
A bill entitled, An Act to provide for the sale of Equities of Redemption, made the special order of to-day, Was taken up, postponed until Monday, and made the special or'der for that day.Preamble and Resolutions relative to obstructions in the Santa Fee River,Was read the third time, adopted, and ordered to be certified to the Senate. A bill to be entitled, An Act to legalize the elections of Mosquito,Slow Orange, County,Was read the third time and adopted, with the title as stated.
12J

124
A bll] to be entitled, An Act further to prescribe the duties of Recording Officers, '
Was read the second time, and referred to the Judiciary Committee.
A bill to be entitled, An Act to change the time of holding the
Superior Courts-for the counties of St. Johns, Mosquito and St. Lucie, in the Eastern District of Florida, Was read the second time, ordered to be engrossed, and made a special order for Monday next. A bill to be entitled, An Act relating to Crimes and Misdemeanors was taken up ;
On motion of Mr. Heir, the House resolved itself into Committee of the Whole, Mr. Chapman in the Chair, on said bill. After some consideration, the Committee rose, and by their Chairman reported progress, and asked.Jeave to sit again ;
Which report was concurred in, and the bill ordered for to-morrow. The Memorial and Resolutions from the Senate, asking remuneration from Congress for losses in the Indian War, -Wasread the second time, and ordered for to-morrow. The Secretary transmitted by the Sergeant-at-Arms, the following communication to his Excellency the Governor:
House Representatives, )
13th February, 1845. $ To his Excellency, John-Branch, Governor of Florida:
The following bills and preambles and resolutions, originating in the House, and adopted and passed by both Houses of the Legislative Council, signed and countersigned by the officers of the same, are now sent to your Excellency for approval.
{Attest) H. ARCHER,
' Secretary House Representatives.
1.
An act to authorize the Clerk of Grange County to keep his office at his place of residence, and for other purposes.

2.
An act to amend an act entitled an act to raise a Revenue for the Territory, approved November 22d, 1829.

3.
An act constituting a Board of Port Wardens and Commissioners of Pilotage for Indian River and Jupiter Bars.

4.
Resolution in relation to Gibson & Hibbard.

5.
An act to authorize AJexander Hunt to establish a Ferry on the Suwannee River.

6.
Resolutions relating to a Light House on Key Biscayne.

7.
Resolutions relating to a port of entry at the town of Milton.

8.
Resolutions relating to obstructions in Miami River.

9.
An act to establish and regulate Pilotage on the waters and in the harbors of Dade County.

10.
Resolution asking an appropriation for opening the Road from Newnansville to Tampa Bay.A bill entitled, An Act to alter the line between Orange County


and St. Lucie, Was read the third time and passed, with the title as stated.





—

—
—
—
—
—
—
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So the motion was refused. A bill entitled, an act to provide for the election of Justices of tha Peace;
Was taken up, the report of the House, in committee of the whole, concurred in, and the bill read a second time; previous to fiirther action thereon,
The House adjou rned until to-morrow, 10 o’clock.
Saturday, 15th February, 1845.
The House met pursuant to adjournment, and a quorum being pro. sent, the Journal of yesterday’s proceedings was read. Pursuant to previous notice given, Mr. Crichton had leave granted to introduce the following bill:
A bill to be entitled, an act to authorize John Seefler to establish a Ferry across the South prong of Black Creek, about half a mile from its mouth.
Which was read the first time, rule waived, read the second and third times, and passed, with the title as stated.
Mr. Child gave notice of his intention, on a future day, to ask leave to introduce a bill to be entitled, an act to amend the law in relation to Elections.
Mr. Ferguson, from a select committee to which was referred an act to alter and fix the times of holding the Spring Term of the Superior Court of Wakulla County, reported the bill to the House without amendment.
Which report was received, and the bill placed among the orders of the day.
Mr. Chapman, from the Committee on Schools and Colleges, to which was referred an act to amend the law, approved March 15th, 1844, to incorporate the inhabitants of the different Townships of this Territory, reported the bill to the House without amendment, and recommended the passage of the same.
Which report was received, concurred in, and placed among the orders. The Secretary forwarded, by the Assistant Clerk, the followingcommunication to his Excellency the Governor: House of Representatives, Feb. 14, 1845. His Excellencj John Branch,
Governor of Florida :
Sir: A bill to be entitled, An Act to amend an act entitled an act to raise a revenue for the Territory, approved Nov. 22d, 1829, originated in this House, has been passed by the Senate, and signed by3ie officers of both Houses. It is now forwarded for your approval.
I have the honor to be, very respectfully,
Your obedient servant,
H. ARCHER, Sec’y. Ho. RepLThe following bills and resolution, also originating, in and passed
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by the House and Senate, and signed by the officers ofthe same, are sent to your Excellency for approval, viz:
1.
An Act respecting Witnesses.

2.
Resolution relative to the establishment of a Post Office at Campbellton in Jackson County.

3.
An Act to incorporate the “ Trustees of the Fund of SpecialRelief,” of the Florida Annual Conference of the Methodist Episcopal Church.

4.
An Act to incorporate the “ Preacher’s Aid Society” of the Florida Annual Conference of the Methodist Episcopal Church. Attest, H. ARCHER, Secretary HouseRepresentatives. The Senate transmitted to the House the iollowing message: Hon. SpeakerofikeHouseofRepresentatives,


Sir: The Senate has indefinitely postponed the resolution from the House asking of Congress the passage of a law regulating the the terms of holding the Superior Courts of the Counties of Benton and Hillsborough. THOS. F. KING,
Feb. 14,1845. Secretary ofthe Senate.
The House received from the Senate a bill, passed by that body,entitled, an act to amend an act to prevent the future migration of free negroes or mulattoes to this Territory, and for other purposes.
Which was read the first time, and ordered for Monday.
ORDERS OF THE DAY.
A bill to be entitled, an act to provide for the election of Justices of the Peace, being the unfinished business of yesterday, came upfirst in order.
The House, on motion of Mr. McClellan, resolved itself in committee of the whole, Mr. McClellan in the Chair, on said bill. After some consideration, the committee rose, the Chairman reported the bill to the House as amended.
Which report was concurred in, and the bill, as amended, ordered to be engrossed for a third reading on Monday next.
His Excellency the Governor returned to the House a bill to be entitled, an act to amend an act entitled an act to raise a revenue for the Territory, approved November the 22d, 1829, with the following message:
Executive Department, }
Tallahassee, February 15th, 1845. $
Gentlemen of the Senate and House of Representatives:
The bill entitled, “ An Act to amend an act entitled an act to, “raise a revenue for the Territory, approved Nov. 22,1829,” repealing the 4th section of said act, which is in the following words, “ Be it further enacted, That from and after the passage of this act, “ it shall not be lawful for any person, charged with the collecting or “ paying over money into the Treasury ofthis Territory, to speculate, “either directly or indirectly, in claims against the Territory'; but
128


“ they shall) in all cases, pay over such funds as they shall receive; “andanyperson violatingtheprovisions ofthissection, shall, on con. lr vietion in any court of record in this Territory, pay a fine of five “ hundred dollars, one*halfshall go to the party prosecuting to convic“ tion,' the other half to the use of the Territory,” is herewith returned disapproved.
First, because the section, proposed to be repealed bythis bill, is, in my opinion, founded on a wise and honest policy, and ought to be strictly enforced againt every officer, who directly or indirectly violates its provisions. Secondly, because the bill under consideration virtually allows speculation to be made, though indirectly, with the public money.’ And thirdly, because the effect of the bill must be, to prevent a dollar passing into the Territorial Treasmy, to defraythe indispensable expenses authorized by the Legislative Council; thus withholding from those charged with the administration of the government, the ways and means necessary to execute the laws, and thereby constraining them to rely solely on the Territorial credit, already greatly impaired by improvident legislation.
I have the honor to be,
Your obedient servant,
IN. BRANCH.
Which, was read.
Mr. Brown moved a call .of the House ;
The Secretary reported the following members absent, viz:
Messrs. Allison, Bush, CromaTtie, Goff, Ivey, Long and Walker.
The Sergeant-at-Axms was directed to summon such members as had not obtained leave of absence, to be present. Messrs. Bush, Cromartie and Ivey, had obtained leave of absence. Mri Allison was confined still at home by illness, and Messrs. Goff and Walker were confined to their rooms by indisposition.
The Sergeant-at-Arms reported Mr. Walker too ill to attend-
On the question,* shall the bill disapproved of by the Governor, entitled, An Act to amend an act to raise a revenue for the Territory, approved Nov. 22d, 1829, passed against the veto.
Yeas—Mr. Speaker, Messrs. Baldwin, Chapman, Crichton, De la Rua, Ferguson, Goff, Haddock, Haft, Heir, Loring, Mays, MClellan, Patterson, Philips, Porter, Rogers, Sanchez, Speer, Spencer, Taylor, Turner and Wilkison—23.
'Nays—Messrs. Brown, Child, Long and Randolph—4. So the same was passed, and ordered, with the message of the Governor, to be-Citified to the Senate. The Speaker asked to be excused from voting on the passage of said bill, but the House refused to excuse him. The House adjourned until Monday, 10 o’clock.
129


MteDAY, 17th February, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of Saturday’s proceedings was read. Mr. De la Rua, from the Committee on Engrossed Bills, made the following report: The Committee on Engrossed bills REPORT as correctly engrossed: . .. A bill to be entitled, An Act to change the time of holding the
•Superior Courts for the counties of St. Johns, Mosquito and St. Lu-icie,in theEastern District ofFlorida. Also, a bill to be entitled, An Act to provide for the election of Justices of the Peace. F. E. DE LA RUA, Chairman Committee Engrossed Bills.
Mr. Allison gave notice of his intention, on a future day, to introduce a bill to be, entitled. An Act in relation to -settle's on Public Lands,
Mr..Goff, pursuant to previousnoticegiven, introducedabilltobe entitled, An Act to protect and secure the people of Florida in the free and undisturbed lawful use of _the Hillsborough river;
Which was read the first time, and orderedforto-morrow..v
Mr. Speer presented a petition of sundry-citizens, of Mosquito
county, (now Orange county,) asking the .county seat to be changed
from Enterprize to New Smyrna; •
Which was read, and referred to the. Committee on the Stato of
the Territory:
Mr. Goff offered the following Preamble and'Resolutions :
Wiiebeas, During the late Indian war, the Court House ofHills
borough County was burned up by a party of hostile Indians, whose continued depredations ultimately brought Upon the inhabitants great pecuniary losses and distress-: And whereas, the present resources of said County are still inadequate to the expense of building another Court House : And whereas the increasing business of said County,together with the interests of the people, and the better administration of justice, loudly calls for the immediate erection of suitable apartments for Judicial and County purposes: Therefore,
Be it Resolved by the Governor and Legislative Councd of the Ter
ritoryof Florida, That our Delegate be and he is heieby requested
to use his utmost endeavors to procure from Congiess an appropria
tion of one thousand dollars for the re-building of a Court House in . said County.
Be it further Resolved, That this preamble and resolution, when
adopted, be certified by the proper ofijeers, and a copy’thereof, for
warded to the Honorable David Lovy.'
Which was read the first time, and referred to the Committee on
Preambles and Resolutions asking for appropriations.
Mr. Ferguson offered the following resolutions, viz:
Be it Resolved by the Governor ami Legislative Council of the Ter~
riiory of Florida, That our Delegate in Congress be requested to
urge an alteration in the Organic Law (piescribing the jurisdiction of
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130
the Superior Courts of this Territory) so as to give said Courts jurisdiction in all civil cases of the value of fifty dollars.
'Be itfurther Resolved, That copies of these resolutions be signedby the proper officers, and forwarded forthwith to the Hon. David Levy and A. V. Brown, Chairman of the Committee oa Territories.
Which was read and adopted.
Mr. Baldwin offered the following resolution:
Resolved, That the Committee on the state of the Territory be instructed to enquire into the expediency of memorializing Congress in favor of giving encouragement to settlers on the unsurveyed, lands of the United States, in the Southern section of the Peninsula, and on the Keys, who will engage in the cultivation of Tropical Plants and Fruits, and inthemakingofArrow Root,and otherproductspeculiar to that region, and to report thereon.
Which was read and adopted. '
Mr. Baldwin also offered the fallowing resolution :
Resolved, That the Committee an the Judiciary be instructed to
enquire into the expediency of providing by law for the protection of the Fisheries on the coast of Florida, from the intrusion of non-residents oftheTerritory, without payingan equivalenttherefor to those to whom such privilege belong.
Which was read and adopted.
Mr. McClellan, from a select committee to which was referred a bill to be entitled, an act to provide for the holding an additional term of the Superior Court in the Eastern District of Florida, reported the same to the House amended.
Which report was received, and the bill placed among the orders of the day.The Senate transmitted to the House the following bills, originating in that body, and which bad passed the same, viz: A bill to be entitled, “ An act in relation to Garnishees and Garnishee process
Also, ‘a bill to be entitled, an act concerning Replevin.
Which bills were placed among the orders.
ORDERS OF THE DAT.
t
A bill entitled, an act to provide for the sale of Equities of Redemption, made the special order for to-day, .was taken up.
The House resolved itself into a committee of the whole on said bill, (Mr. Fergpson in the Chair.) After some time spent in the con-' sideration of the same, the committee rose, and by their Chairman, reported the bill back to the House with sundry amendments.
Which report was concurred in, and the bill, as amended, postponed until to-morrow, and 50 copies ordered to he printed.
The House took a recess until 3 o’clock.
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THREE o’clock, P. SI.
Mr. Baldwin moved an adjournment until to-morrow morning,. 9 o’clock; « The yeas and nays were called for on said motion by Messrs. Heir and Baldwin, and were :
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Bush, Goff, Heir, Ivey, Loring, Mays, Patterson, Rogers, Sanchez, Speer,"Taylor—14. Nays—Messrs. Chapman, Crichton, Ferguson, Haddock, Hart,
Long, McClellan, Philips, Porter, Spencer, Turner—11. So the motion prevailed, and the House adjourned until to-morrow, 9 o’clock.
Tuesday, 18th February, 1845.
TheHouse metpursuant toadjournment, andaquorumbeingpresent the Journal of yesterday’s proceedings was read.
Mr. Bush gave notice that he would, on a future day, ask leave to introduceabilltobeentitled, anact fortherelief"ofArchibald Patterson.
Mr. Loring gave notice that he would, on some future day, ask leave to introduce a bill to be entitled, an act to establish a .Ferry across the St. John’s, at Pilatka.
Mr. Crichton presented a petition ofJohn M. Hanson, signed also by several citizens of Huval County, praying relief from a certain estreated recognizance.
Which was received. Mr. Bush, from the Committee on Enrolled Bills, made the following report: The Committee on Enrolled Bills have examined the followingbills and resolutions, and find them correctly enrolled, viz : An act to amend an .act entitled an act to incorporate the Protestant Episcopal Congregation of the city of Tallahassee. Resolution respecting donation of public lands to the County of Wakulla for a Court House and For Common Schools. A bill to be entitled, an act to amend an act to incorporate the town of Columbus, approved 14th March, 1844.
Resolutions asking of Congress an appropriation for the improvement'of thenavigationofthestraight channel intheBayofApalachicola.
An act to amend an act entitled an act to incoiporate the Trustees of the Presbyterian Church of Quincy.All which is respectfully submitted.
A. H. BUSH, Chairman. Which was received. Mr. Taylor, from the Committee on the Militia, made the follow
ing repoit:
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The Committee on the Militia, to which was referred so much of the Governor’s Message as relates to the Militia, beg leave to
REPORT :
That they have examined thoroughly the laws df the Territory} relating to this subject, and made numerous inquiries of several of* ficers in command ofthe Militia in the 'J'emtory, and have come to the conclusion that but very little change in the present existinglaws is necessary, tp Complete a thorough and efficient oiganizatiom Most of the regiments have been organized Under the eighth section of the present law, so far as the election of field officers^-seveial, however, have not; and the numerous difficulties in attaching those who have neglected such organization, to an adjoining regiment,have prevented any beneficial effect arising from the ninth section of the same law. The fifth and, sixth regiments have had several regimental musters, and we believe several of the others ; but most ofthe regiments, we regret to say, have contented themselves with merely electing their field officers.
From the best information your Committee have been able to obtain, they have come to the conclusion that a few slight changes in the present law, wifi render them much more effective, and such changes they propose in the accompanying bill herewith submitted. The only radical change is, the division of the Territory into four brigades instead of two. The reason for this is obvious. The brigades, asatpresenfconstituted, areofsuchgreat extent, as to render it too laborious and expensive for either a brigadier general or brigade inspector to discharge their respective duties without fee or emoluments—and the duties would be far better performed by such division, giving to each commanding officer of such brigade,-such connected section ofTerritory as could be easily and readily superintended. To carry out more efficiently the system proposed, yourcommittee respectfully recommend the election of a major general, who shall have the general superintendance ofthe brigades. The other alterations' are principally explanatory of the present existinglaws, defining more particularly the duties ofthe officers, and regu*lating and simplifying the duties of officers and men,
The Committee* trust that' the bill reported will meet with the favorable consideration of the Legislative Council. Peeply impressed with the importance ofa well organized and well regulated militia in every government, foj-the safety and protection of the rightsand property of its citizens, and from the lowering of dark clouds in the political horizon, ominous of difficulty and danger, sooner or later. While m peace and prosperity they feel disposed to listen to theadvice ofthesages oftherevolution, that “intimesofpeace we should prepare for war.”
Your committee have.had under their examination a short, concise system of military tactics, compiled recently by Major Holden, brigade inspector of the fust biigade, which they highly approve, and which is herewith submitted, with the recommendation that the 'same be adopted by the Legislature for the use of the militia of the
133


’territory, "the work can be furnished at a trifling expense-, and your Committee believe a better system cannot be obtained, in so
â– concise and cheap a form. Your committee therefore respectfully submit this report and accompanying bill, With the foregoing recommendations. JOHN L. TAYLOR,, Chairman Committee oh Militia.
Which Was received, and the.bill reported, viz: a bill to be entitled, an act to organize and regulate the militia of the Territory of Florida, and to repeal all former acts in relation to the same, was read th'e first time, laid on the table, -and 50 copies ordered to be printed,
Mr, Heir, from the Committee on Preambles and Resolutions, applying for appropriations, to which was referred a preamble and reselutions, offered by'Mr. Goff on yesterday, asking an appropriationâ– of Congress for re-buildmg a C-ourt House in Hillsborough County, reported the same back to the House Without amendment.
Which report was received, and the preamble} and resolutions reportedback,placed among.the orders of the day,
Mr. Chapman, from a select committee, made the followingreport:
The select committee to which was referred a petition of certain,
citizens of Jackson County, praying the establishment ofa new county, to be composed of portions of Jackson and Walton Counties, together with a petition from citizens of Walton, and the proceedings*f a public nieetmg in said county, both remonstrating against-such measure, beg leave to
REPORT:
That they have given the subject the most Careful attention. They are constrained to think that some such measure as is prayed for, ought to be adopted. The interests-of the people living within the limit of the proposed county loudly demand it, and your committee think that the Legislature ought to grant it. So far as Jackson, county is concerned, they have no hesitancy in stating their opinionthat such an act would meet the unanimous approval ofthose residingwithin said limit, and'the hearty concurrence ofalargef portion ofthe citizens in other sections of said county. Many of the first named persons have to travel over fifty miles, when business or duty calls them to the court, at great expense, trouble and inconvenience.
Your committee aie informed and believe, that the citizens of
Walton county, embraced within the proposed limits, live at remote
distances from the court-house, and have necessarily to incur the like
evils in attention to their business. The committee are also inform
ed and believe, thatki, petition, signed by all, or nearly so, of those
persons, has been started to this place, asking for the passage of this
law, hut owing to some unknown cause, it has missed its way. Cer
tain it is, however, that it has not reached its destination
The petition against the law, and the remonstrance of the public
meeting in Walton'county, as your committee have learned, were
â– gotten up and signed by persons living at points far removed from the
134


boundaries of the new county. This is a: fact which should be con. sidered by the House in determining this question. Would .it be right for persons whose interests would not be affected in the slight, est degree, who would never be called upon to pay a cent towards the organization ofthe new county, to interfere with, and counteract the wishes and rights of those who only are interested and concerned 1 Your committee conceive that the prayer of the petitioners, asking for a new county, ought to be granted, and recommend the passage of the bill herewith reported.
All which is respectfully submitted.
JOHN R. CHAPMAN, Chairman.
Which was received, and the bill entitled, an act to organize a County to be called Clay County, was read the first time, and ordered for to-morrow.
Mr. McClellan, from a select committee, made the following report:
The select committee to whom was referred a bill to be entitled, anacttochangethetime ofholdingtheSuperior Courts inthe Eastern District of Florida, report the same back to the House amended.
All of which is respectfully submitted.
GEO. E. McCLELLAN, Chairman,
Which was received, and the bill reported on, placed among the orders of the day.Mr. Heir, from a select committee, made the following report: The select committee to which was referred the bill to be entitled,
An Act to provide for the more perfect administration ofjustice in the Middle District ofFlorida, as also a memorial of sundry members of the Middle Floiida bar, remonstrating against the proposed change ofthe terms of the Court for Leon county, as proposed in said bill, ask leave to
, REPORT:
That they have had the same under consideration, and are well satisfied of the inexpediency of any, change in the present arrangement, believing as they do, with the memorialists, that it would be totally impracticable for various reasons to hold courts in the months ofJune, July, and also inthe early part ofSeptember, in any part of the District, andaespecially so in the county of Leon, first—because of the frequent prevalence at those seasons of the year, of fevers of the most violent and fatal character, as well as tbe general debility experienced during the summer months, by all who pursue a sedentaryor studious courseoflife, and thelife ofthe studentis necessarily a sedentary one. Secondly, because of the great inconvenience which your committee suppose would result to parties litigant, as well as tojurors intheir attendance uponcourt justatthoseseasonsofthe year when, ofall others, the planter’s watchful attention to his crop is most requisite ; besides, It is well known that persons In the country are opposed, and justly so, too, to remaining in town even for a single night in summer; how much more,"then, would they oppose two
135


weeks’ detention at that season of the year T As the terms are now held, men of delicate or shattered constitutions are enabled to bear the confinement, labor and mental exertion which may be necessaryin the transaction of the business ofthe courts, either in the 'capacityof judge, lawyer, juror, marshal, or any other in which he may be placed, while' if the proposed law should obtain, only those of sound constitutions and robust in health, would be able to-make their appearance in court.
Someofyourcommitteeare members ofthe MiddleFloridabar, and are fully impressed with the belief that the present arrangementofthecourts meets with the very general approbation ofthe people,andwhentheinconvenience which mustnecessarilybeexperienced by some of those who are called upon to perform a' public duty, is taken into consideration, they are willing to risk the opinion, that their comfort and convenience is as well consulted by the present as c.ould be by any other arrangement which could be readily devised.
Suppose, for instance, the bill proposed should become a law—is it reasonable to suppose that causes tried in the months of June, July,and September, would be likely to receive more “ proper adjudication” than if tried in the pleasant and healthy months of April, May or November") It is presumed that it will not be contended that the transaction ofbusiness would be expedited by summer terms, because it is known how frequently, when the spring is well advanced, causes are continued because of the absence of a material'witness or plaintiff! or defendant, or their leading counsel, from illness"? Then .yourcommittee would respectfully suggest the probability of the much more general application for a continuance upon those grounds, duringtheheat ofsummer, andin the midstofthe dog days. There are those at the bar, as well as parties, whose health will not warrant them in remaining in the Territory during our long, tedious summer. Are such to be forced to sacrifice their business or their lives ? And for what ? Certainly not with a view to the convenience of others, for it is deemed as inconvenient as it is unhealthy and injurious, to keep a number ofmen confined for any length oftime in a close jury or court room, in the midst of our sultry and oppressive summer days.
For the above reasons, the committee are induced to report againstthe bill. Which was read, and the bill reported, on motion, laid on the table. Mr. Crichton, from the committee on claims, made the following report:
The Committee on Claims, to whom was referred the account of
John C. Jacobi, against the United States, for repairs done on the
Executive office, and furniture, from 1st April 1840, to 9th August,
beg leave to
REPORT:
That they have had the same under consideration, and examined
136


all the evidence in reference to the same, and recommend the passage of the following resolution:
Resolved by the Senate and House of Representatives of the Territory of Florida, That Congress be requested to pay the account of John C. Jacobi; and that our Delegate In Congress, the Hon. David Levy, be and he is hereby requested, to use his best endeavors to effect the same. A. W. CRICHTON, Chairman.
Which was received, and the resolution ordered for to-morrow. The Speaker presented to the House the following communication, yiz: -Tallahassee,. February 18, 1845.
To the Honorable Speaker of the House of Representatives t
Sir: I am instructed to invite you, and through you, the members ■of your honorable body,' and the officers thereof, to participate with the eitizens of this place in a celebration of the 22d instant—the anniversary of the birthday of the Father of his Country. A procession will move at 10\ o’clock, from the Capitol Square to the Presbyterian Church, vyhere an Oration will be delivered by the Rev. Dr. Jehnson, of South Carolina, and other ex'ercises be had, appropriate to the occasion. i
In behalf of the Committee of Arrangements,
JOSEPH CLISBY.
To Hon. W. A. Forward.
Which was read.
The Senate transmitted to the House the following message from his Excellency the Governor:
Executive Department, )
Tallahassee, February 15th, 1845. )To the Senate and House of Representatives:
With my ppening message, I submitted a letter from the Secretary of the Commonwealth of Massachusetts, in relation to a certain Jonathan Walker, convicted of stealing negroes, and who was
•then, and is now, confined m the Jail of Pensacola for said outrage; to which I again particularly invite your attention, in ‘ connection with the accompanying letters, which I received by Ihe last mail from the Marshal of the U. States, for the Western district of Florida. Fiom-their perusal, you will see that the “ British and Foreign anti-slavery society for the abolition of slavery, and the slave-trade throughout the world,” has been clandestinely co-operatingwith the authorities of Massachusetts, in fiendish machinations against our domestic institutions. Under such circumstances, farther forbearance on our part, not only ceases to be a virtue, but would be in effect, an abandonment of our vital interests.
I therefore recommend the subject to your dispassionate investigation, with a decided opinion on my own part, that the time has arrived, when Florida has a right—nay, would be false to herself, were she not to demand from the Federal Government, a promptenforcement of the guarantees of the Federal Constitution.
I have the honor to be, your ob’t serv’t JOHN BRANCH.
137.
137.

As the original letters are herewith sent, the Honorable Senate will please transmit them to the House ot Representatives after such orders shall be given, as are deemed necessary concerning them, together with this communication. J. B.
Marshal’s Office, D W. Florida, )
Pensacola, 9th February, 1845 >
Dear Sir :—Jonathan Walker, imprisoned ln-this city for stealingslaves, made an attempt last eyening, to break jail, but was discovered before he could make his escape ; on his person was found the enclosed communication from the British Foreign Anti-Slavery Society, which document might be viewed by some, of little importance ; but to my mind, taken in connection with the other facts, is further evidence of the interference of a foreign power with our institutions, under the fictitious garb of anti-slavery. Actuated by thi£ impression, I transmit this specimen of British vituperation to yourExcellency's inspection
I have the honor to be, sir, very respectfully, * ,
Your obbt. servt.
' EBEN DORR,
^ U. S. Marshal D. W.'Florida.
His Excellency Gov. Branch, Tallahassee.
27 New Broad Street, London, Oct. 9, 1844.
Dear Sir :—The painful circumstances in which you have been placed by your humane and Christian attempt to deliver some of your fellow-men from the sufferings ,and degradation of slavery, are not, as you will perceive by the accompanying resolution, unknown to the abolitionists in Great Britain. They truly sympathize with you in your affliction ' and they trust that the efforts which
are to be made for your deliverance from the power o( evil men and evil laws, will be succeeded by the divine blessing
Your faith and patience may be greatly tried, but I trust you will be divinely sustained through the conflict, and that you will have a large share in the prayers, as -well as in the sympathies and assistance, of your friends.
Trusting that you will meet with becoming fortitude your approaching trial, and, that whatever may be its issue, you may fiudthe “ Joy of the Lord to be your strength,”
I am, dear sir, with great respect and esteem,
Yours very truly,
> JOHN SCOBLE, See.
To Capt. Jonathan Walker. i
18
138


British and Foreign Anti-Slavery Society, for the aboli
tion of Slavery and the Slave Trade throughout the
World.
27 New Broad Street, London. At a meeting of the Committee of the British and Foreign Anti-Slavery Society, held at No. 27, New Broad Street, on Friday,Oct. 4, 1844, George Stacey, Esq. in the Chair, it was resolved unanimously;— That considering the enormous wickedness of American slaverywhether viewed in relation to the iniquity of its principle, which de‘ prives nearly three millions of human beiDgs of their personalrights, or to the atrocity of its practice, which subjects them to the deepest degradation and misery, this committee feel it to be their duty publicly and warmly, to express their sympathy with those devoted friends of humanity, the Rev. Charles T. Torrey, and Capt.Jonathan Walker, who are now incarcerated in the prisons of Maryland and West Florida, for having aided, or attempted to aid, some of their enslaved countryipen in their escape from bondage; and to assure these Christian philanthropists, that theyconsider the cause for which they may hereafter be called to suffer, as honorable to them as men and as Christians , and the laws under which they are to be arraigned, as utterly disgraceful to a civilized community, and in the highest degree repugnant to -the spirit and precepts of the gospel.On behalf of the Committee, THOMAS CLARKSON, President. October 8, 1844. John Scoble, Secretary. To Capt. Jonathan Walker.
Also the following resolution accompanying-the above: Resolved, the Mouse ofRepresentatives concurring, That the Governor’s communication in relation to the correspondence of the Bri
tish and Foreign anti-Slavery Society with Jonathan Walker, with the accompanying papers, be referred to a Joint Select Committee of the two Houses, consisting of thrpe on the part of the Senate, and
as many on the part of the other House as they may direct.
Resolved further, That said communication and accompanying papers be forthwith transmitted to the House of Representatives for their consideration in the premises, with the request that the same, after such consideration, may be returned to the Senate.
Which was read and adopted, and Messrs. Ferguson, De la Rua, Spencer, Heir, Loring and Patterson appointed a committee on the part of the House.
The Senate returned to the House an engrossed bill from the House, entitled, ah act authorizing Lewis Miller, Sen., to establish a Ferry across Holmes Creek;
Passed by the Senate without amendment.
The Senate returned to the House a bill entitled, '• An act to or
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ganize the Monroe County School,”'with,the following amendment, viz: After the word u having,” in the sixth line, insert the words “ a child or.”
Also the preamble and resolutions, from the House, asking ofCongress an appropriation of fifteen hunched dollars for connecting the waters of Indian River and Mosquito Lagoon', with ?an amendment as follows: by adding the words “ and to the Secretary of War.”
The Senate returned to the House the following bills, preambles, and resolutions, which had been adopted and passed by that bodywithout amendment, viz:
A bill entitled, an act to organize the Centreville Greys; Preamble and resolutions asking an appropiopnation for removingobstructions in Yellow River; Preamble and resolutions asking an appropriation for building a Bridge across the Hillsborough River; Preamble and resolutions relative to a Light House at EgmontKey; , Preamble and resolutions asking an appropriation for constructing a Road from Sopchoppe to .Apalachicola;
Preamble and resolutions asking the expenditure of an appropriation heretofore made by Congress, and asking an additional appropriation to improve the navigation of the St. Marks River;
Preamble and resolutions relative to the appointment of a Custom House officer for Jupiter and Indian River Bais ; An act to authorize Alexander McAlpin to establish a Ferry, across the Chipola River; An act to authorize John Gaskins to establish a Ferry across Yellow River; An act to authorize Alexander Clark to establish a Ferry across the Chipola River. His Excellency the Governor transmitted to the House the following message i Executive DErAHT3o:xT, )Tallahassee, February 17th, 1845. §
Gentlemen of the Senate and House of Representatives :
I have approved the following Acts and Resolutions of the Legislature at its present: 1st. An Act to authorize the Clerk ofOrange County to keep his office at his place of residence, and for other purposes.2d. An, Act constituting a board of Port Wardens and Commissioners ofPilotage fol Indian River and Jupiter Bars. 8d. Certain Resolutionsielative tothepayment ofGibson&Hibbard, printers for the Executive Department in 1841. 4th. An Act to authorize Alexandei Hunt to establish a Ferry on the Suwannee River. 5th. A preamble and resolutions relative to the establishment of a Light house at Key Biscayne.
140

14d
6th A preamble and resolutions relative to a port of entry and delivery at the town of Milton, in Santa Rosa County.'/th. A resolution asking a further appropriation for the expenses of the Legislative Council. . 8th. A preamble and resolutions relative to the removal of ob structions in the Miami River. 9th. An Act to establish and regulate Pilotage on the waters and in the harbors of Dade county.10th. A preamble and resolutions relative to the opening of a road from Newnansville to Tampa Bay.I have the honor to be, &c.,'
JN. MUNCH.
Also the following i
Executive Department, ?
Tallahassee, Feb. 17th, 1845. $
Gentlemen of the Senate tend House of Representatives ,*•
I herewith submit to you a memorial of William H. Brocken, brough, Esq, Attorney and Counsellor at Law. I have the honor to be, &c. JN. BRANCH,
Which messages were read, the memorial of W. H. Brocken-1 brough, Esq., also read, and so much of said memorial as relates to the charges made by the Marshal for fees, referred to the Judiciary Committee, the remainder thereof, referred to the Committee on Cor* porations.
Thefollowingmessagewasreceived from hisExcellency the Gov. Crnor:
Executive Department, ?
Tallahassee, Feb. 18th, 1845. $
Gentlemen of Ike Senal e and Home ofRepresentatives i
I have approved the following Resolutions and Acts of the Legis lature, viz: 1st. Resolution relating to a Post Office at Campbellton, in Jack son county.2d. Resolution relative to the Commissioner of the Tallahassee Fund. '
3d. An Act to incorporate the Trustees of the Fund of Special relief of the Florida Annkal Conference of the Methodist Episcopal Church.
4th. An Act to .incorporate the Preacher’s Aid Society of the Florida Annual Conference of the Methodist Episcopal Church. I have the honor to be, Your obedient servant,
JN. BRANCH.
Which was read.
His Excellency the Governor transmitted to the House a bill en» titled, an act respecting Witnesses, with the following message:
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Executive Office, ?
Tallahassee, February 18th, 1845. S {}eniletften ofthe Senate and House ofRepresentatives:
The bill, entitled “ An Act respecting Witnesses,” is so framed that I cannot appreciate its force, and hence cannot approve it. With some amendment, which Will appear to yourselves necessary on a reperusal, my objections'will be removed. The bill is herewith returned. I have the honor to be, &c.,
JN. BRANCH.
Which liras read.

Mr. Baldwin moved that the message and bill returned, be laid on the table j * On which motion the yeas and nays were called for by Messrs. McClellan and Goff, and were as follows : Yeas—Mr. Speaker, Messrs. Baldwin, Bush, Crichton, Ferguson,Hart, Philips, Rogers, Speer, Spencer, Turner and Wilkison—J2.
Nays—Messrs. Allison, Child, Cromartie, De la Rua, Goff, Haddock, Heir, Ivey, Long, Loring, Mays, McClellan, Randolph,, Sanchez and Taylor—15.
So the motion was refused.
Mr. Baldwin moved that the message and bill be indefinitely post
poned.
The Charr decided, under the rules of the. House, the motion was
in order; from which decision Messrs, Loring and McClellan ap
pealed, ahd demanded the yeas and nays, which were as follows:
Yeas—Messrs. Baldwin, Cromartje, Ferguson, Ivey,-Long, Speer,
Spencer, Turner and Wilkison—9.
Nays—Messrs. Allison, Bush, Child, De la Rua, Goff, Haddock,
Hart, Heir, Loring, Mays, McClellan, Philips, Randolph, Rogers,
Sanchez and Taylor—16.
So the House refused to entertain the motion,
Gn the question, shall the bill pass ? the yeas and nays were as fol
lows :
Yeas—Mr. Baldwin—-1.
Nays—Mr. Speaker, Messrs. Allison, Bush, Child, Crichton, Cro
martie, De la Rua, Ferguson, Goff, Haddock, Heir, Ivey, Long, Lo
ring, Mays, McClellan, Philips, Porter, Randolph, Rogers, Sanchez,
Speer, Spencer, Taylor, Turner and Wilkison—26.
So the bill was rejected.
ORDERS OF'THE DAY.
The bill entitled', an act to provide fpr the sale of Equities of Re
demption, came up first in order. v
Mr. Child moved that the further consideration of the bill be
postponed until to-morrow, and the same made the special order of
the day for that day;
On which motion the yeas and nays were called for by Messrs.
Baldwin and Allison, and weie as follows, viz:
142


¥eas—Mr. Speaker, Messrs. Allison, BHsh, Chapman, Child, Cro* martie, Hart, Heir, Ivey, Philips, Randolph, Sanchez, Taylor, Turner and Wilkison—15. '
Nays—Messrs. Baldwin, Crichton, De la Rua, Goff, Long, Lo-ring, Mays, McClellan, Patterson, Poiter, Rogers,. Speer and Spencer-—13.
So the motion.prevailed.
The House took a recess until 3 o’clock, P. M»
3 o’clock, p. m.
The roll was called, and the following members answered to the call oftheir names, viz c
Mi*. Speaker,-Messis. Allison, Baldwin, Bush, Child, Crichton, Cromaftie, Ferguson, Haddock, Hart, Heir, Ivey, Long, Mays,Taylor and Turner.
Their not being a quorum’present, the -Sergeant-at-Arms was sent after the following members, absent without leave granted them, vizi—Messrs. "Chapman, De la Rua, Goff, Loring, McClellan, Patterson, Philips, Randolph, Rogers, Speer, Spencer and Wilkison.
Messrs. Brown and Walker absent from indisposition,
A quorum being present,
A bill to be entitled, An Act to change the time of holding the Superior Courts for the counties of St. Johns, Mosquito, and St. Lucie,in the Eastern District of Florida,
Was read the thiid time and passed. Title as stated.
On motion of Mr, McClellan, Mr. Walker was excused from attendance for the balance of this week. A bill entitled, An Act to provide for the Election of Justices of the Peace; On the question shall the bill pass 1 The ayes and noes were calledfor by Messrs. Baldwin and Ferguson, and were as follows:
Yeas—Mr. Speaker, Messrs. Allison, Bush, Chapman, Child, Crichton, De la Rua, Ferguson, Goff, Haddock, Hart, Heir, Ivey,Long, Mays, McClellan, Porter. Rogers, Sanchez, Speer, Spencer, Taylor, Turner and Wilkison—24.
Nays—Messrs. Baldwin, Cromartie and Patterson—3.
So the bill passed with the title as stated.
A bill from the Senate entitled, An Act to amend the revenue laws of the Territory,Was read the first time, and ordered for to-morrow. A bill to be entitled, An Act to oigamze a county to be called Levy county,
Was read a second time.
Mr.Goff movedtoamendthebillbystiikingoutin the10thsection 5th line, all between the word “ Levy” and the word “ as Which was adopted. Mr. McClellan moved to strike out from the same section, the
words “ as heretofore
143


Which was adopted, and the bill as amended ordered to be engrossed for to-morrow. A bill entitled, An Act in addition to an act entitled. an act in relation to liens created by judgment,
Was read the second time^md referred to the Judiciary Committee.
A Report on Preamble and Resolutions from the Senate, relating tothelocation ofthe16thsections bytheinhabitants ofLaFayetteTownship, elsewhere;
Which Teport, with the resolutions, were read, the report concurred in, the amendments adopted, and the resolution ordered for tomorrow.
The resolution appointing 4:h March next as the day for adjournment sine die, was read the second time ;
Mr. Baldwin moved the indefinite postponement of the resolution, and the ayes and noes being called for by Messrs. 'De la Rua and McClellan, were as follows:
Yeas—Messrs. Allison, Baldwin, Child, Crichton, Ferguson, GoffJ Hart, Heir, Ivey, Mays, Taylor—11.
Nays—Mr. Speaker, Messrs. Bush, Chapman, Cromartie, De la Rua, Haddock, Long, Loring, McClellan, Patterson, Philips, Rogers, Sanchez, Speer, Spencer, Turner, Wilkison—17.
So the motion failed. v
Mr. Heir moved that the resolution be laid on the table, and the furtherconsideration postponeduntihthe4thdayofMarch next; The yeas and nays were called for on said motion Messrs. Heir and Cromartie, and were as follows: *
Yeas—Mr. Speaker, Messrs. Alb’spn, Baldwin, Bush, Child, Crichton, Ferguson, Goff, Haddock, Heir, Ivey, Loring,-Mays, Pat'terson, Porter, Sanchez, Spencer and Taylor—18.
Nays—Messts. Chapman, Cromartie, De la Rua, Hart, Long,
McClellan, Philips, Rogers, Speer, Turner, and WilkisOrt—11.
So the resolution was laid on the table, and the consideration
thereof postponed until 4th March next.
A bill entitled, An Act to amend tho Attachment Laws \
Was read the second time,-and referred to the Judiciary Commit
tee.
A bill entitled, An Act'to provide for the .erection of a public jail
and premises in the county of Monroe ;
Was read the third time and passed. Title as stated.
A bill from the Senate, entitled An Act to provide for the Teste of
Writs and other process;
Was read the fiist time, and ordered for to-morrow.
A bill, entitled An Act to exempt Homesteads from execution, at
tachment and distress; '
Was read the second time and inferred to the Judiciary Commit
tee.
Preamble and resolutions relative to the dividing line between the
Southern and Eastern Judicial District;
Was read the second time, and ordered to be engrossed for to
morrow.
144


A-bill to be entitled, An Act to amend the several acts in relation to Crimes and Misdemeanors, came up on its third reading;
Mr. Baldwin offered the following as an amendment to the hill:
Sec. 4. Be itfurther enacted, That hereafter no person shall he excluded from being a witness, or from giving evidence either in person or by deposition, in any suit or proceeding, civil or criminal, in any court or before any jury, by reason of having been convicted of any criminal offence, except the crimes of murder, perjury, piracy,forgery, larceny, robbery, arson, sodomy or buggery, but every such person shall be admitted to be sworn as a witness, and testimony of his or her general character, and the record of such conviction maybegivenmevidence toaffect his or.hercredibility, -with thejurywho shall judge thereof. v
Which was adopted.
Mr. Heir moved to strike out all after the word “ fine” in the sixth line, viz : “ to grant such pardon, release or discharge, uponthe condition that the person so pardoned, released or discharged, shall immediately leave this Territory, and not return-thereto, and such*pardon, release ,or discharge shall be void and ofno effect, unless such condition is complied with.”
Onthequestionofstrikingoutasproposed in the motionofMr. Heir,theyeas and nayswere calledforbyMessrs. Heir andTaylor, and were :
-Yeas-rMessrs. Allison, Bush, Chapman, Crichton, Cromartie, Haddock, Hart, Heir, Ivey, Long, Philips, Sanchez, Taylor and Wilkisen—14.
-Nays—Mr. Speaker, Messrs. Baldwin, Child, De la Rua, Ferguson, Goff, Loring, Mays,. McClellan, Patterson, Porter, Speer, Spencer, and Turner—14. • ’
So the proposed amendment was rejected.
Mr. Heir moved the indefinite postponement of the bill. On which motion the yeas and nays were called for by Messrs. Baldwin, and Heir, and were as-follows:
Yeas—Messrs. Allison, Bush, Chapman, Crichton, Gromartie, Goff, Haddock, Hart, Heir, Long, Loring, Mays, Philips, Porter, Sanchez, Speer, Taylor, Turner and Wilkison—19.
Nays—Mr. Speaker, Messrs. Baldwin, Child, De la Rua, Ferguson, Ivey, McClellan, Patterson, Spencer—9.
So the bill was indefinitely postponed.
The House adjourned until to-morrow IQ o’clock.
Wednesday, February 19th, 1845.
The House met pursuant to adjournment, and a quotum beiug present, the journal of yesterday’s proceedings was read. The Secretary transmitted to his Excellency the Governor, the following communication, viz:
145


House op Representatives, 19th February, 1845.
To his Excellency the Governor of Florida :
Sir : The following bills and preamblesand resolutions have been passed and adopted by the Senate and House of Representatives of the Legislative Council of Florida, and having originated in this House, I forward them to yon for approval.
Very respectfully, your obedient servant,
H. ARCHER, Secretary House Representatives.
1.
An act to amend an act entitled an act to incorporate the Trustees of the Presbyterian Church of Quincy.

2.
An act to amend an act to incorporate the Protestant Episcopal Church of the St. John’s Church, Tallahassee, Florida.

3.
An act to amend an act to incorporate the town of Columbus, approved 14th March, 1844. ' 1

4.
Preamble and resolutions respecting donation of Public Lands to the County of Wakulla for a Court House and Common Schools.

5.
Preamble and resolutions asking an appropriation for the improvement of the straight channel in the Bay of Apalachicola. Notices were given of the intention to ask leave for the introduc


tion of the following bills, on some future day, to-wit:
By Mr. Philips:
Of a bill for the relief of Timothy Wightman and others.
By.Mp. Cromartie:
Of a bill to authorize Nathaniel Roberts to establish a Ferry across OcloGknee River. By Mr. Ivey: Of a bill to authorize Henry E, Perviance to establish a Ferry
across the Suwannee River.
By Mr. Bush:
Of a bill to be entitled, an act to amend the chapter entitled “ Elec
tions,” approved 15th March, 1843.
Mr. De la Rua, from the Committee on Engrossed Bills, reported
as correctly engrossed, *a premable and resolutions asking the Dele
gate in Congress to use his exertions to'obtain the passage of a law
by Congress to change the dividing line between the Eastern and
Southern Judicial and Senatorial Districts.
Pursuant to previous notice, given, the following bills were intro
duced, vjz:
By Mr. Bush:
A bill to be entitled, an act for the relief of Archibald Patterson.
Which was read the first time, and ordered for to-morrow.
By Mr. Allison:
, A bib to be entitled, an act relating to Executions.
Which was read the first time, and ordered for to-morrow.
By Mr. Allison: >
A bill to be entitled, an act to repeal an act establishing a Tariff
of Fees, passed 15th March, 1844, and for other purposes.
Which was read the first time, and ordered for to-morrow.
By Mr. Haddock : _
19
146


A bill entitled an act to amend an act relative to Roads and High, ways in Nassau County, approved 14th March, 1844. ^ Which was read the first time, and ordered for to-morrow.
Mr. Crichton presented a petition from David L. Palmer and others, praying authority for said Palmer to build a Bridge across St. Pablo Creek on the St. John’s River, with a flood-gate and dike, to be opened at low water.
Which was read, and referred to a select committee to consist of Messrs. Crichton, Philips and Loring.
Mr. Allison presented a petition from sundry citizens of Gadsden County, praying for the establishment of a Post Office at the house of Daniel Browning, at Fort Preston.
Which was referred to a select committee to consist of Messrs. Allison, Ferguson and Mays.
Mr, Ferguson presented a petition from Reuben Scott, found guiltyin Leon Superior Court on an indictment for gambling, praying for relief, &c.
Which, with certain documents accompanying the same, was referred to a select committee to consist of Messrs. Brown, Allison and Child.
Mr. Porter presented petitions from sundry citizens of Jackson and Calhoun Counties, praying a portion of JacksOn County to be added to the County of Calhoun.
Which were referred to a select committee to consist of Messrs. Porter, Loring and Chapman. Mr. De la Kua, on motion of Mr. Mays, obtained leaye of absence
for the balance of the day. Mr. Taylor offered the following preamble and resolutions : Whereas, the unsettled location of the dividing line between the
States of Georgia and Alabama, and the Territory of Florida, has been the soiirce of great and continuing controversy and difficulty,between the citizens of those States and the citizens of this Territory,byreason ofthedifficulties anddisputesarisinginregard to the proper boundary or dividing line, out of which disputes and difficulties have resulted frequent affrays-and rencontres, in which several fives have been sacrificed: And whereas, it is confidently believed that these disturbances and outrages to society, occurring upon the subject ofthe disputed Territory, dre all attributable to the failure on the part of the General Government to establish permanently the line between the aforementioned States and this Territory: And whereas, numerous law suits, attended with a great and onerous expense to the parties litigant, have arisen as to who was entitled to the right of possession of the fractional sections along said lines—in many instances preventing families from settling a permanent hope,because of the uncertain tenure1 by which such right of possession or occupancy is held : And whereas, there is no doubt but that if the General Government should give to the subject proper attention, and settle the question as to whom these fractions belong, whether to Georgia, Alabama or Florida, so that in the latter case the same might be thrown into market, very many poor men and good citi
147


zenSj would be enabled to become owners of a comfortable homestead, instead of being eyer subject to harassing law suits about the title or right of possession to their small settlements, and the General Government would be benefited by receiving the government price for all of said lands; Therefore,
Be it Resolved by the Governor and Legislative Council of the Territory of Florida, That our Delegate in Congress be requested to call the early attention of the General Government to this important question, and to urge upon the proper authorities the expediency and absolute necessity for the immediate adjustment of this perplexing question, by sending proper officers to run out and establish permanently the northern line of Florida, which is now onlyknown as the imaginary southern line of the States of Georgia and Alabama.
Be itfurther Resolved, That the interests of the General Government, as well as the citizens of the two adjoining States and of this Territory, require that said fine should be properly and finally located, that the General Government might be thereby enabled to sell the lands lying along said line, and enable these pioneer settlers upon said fractional sections, many of whom have been upon their respective settlements for a period of eighteen or twenty years, to become the purchasers of the fruits of their industry and labor.
Re it further Resolved, That in case the foregoing request receives the favorable consideration of Congress, those settlers and pccupants of said fractional lands be entitled to one years residence upon said settlement so made by him, her or them, until the expiration of which time, he, she or they in possession of such settlement, shall have the privilege of entering the same at the Land office when the same lands shall be subject to entry or sale, in preference to anyother person whatsoever, not a settler or who has made no improvement upon such lands as he shall propose to enter.
Be it further Resolved, That a certified copy of this preamble and these resolutions be forthwith forwarded to the Honorable David Levy, our Delegate in Congress, as soon as the same shall be passedand approved.
Which was read the first time, rule waived, read the second and tjiird times, and adopted. "
Mr. Speer offered the following preamble and resolutions : ' >
Whereas, the coast and straits of Florida, are as a Jong lane,through which vessels from all quarters of the globe are continuallypassingand repassing : And whereas, the maritime interest of our country has been and is suffering for the want of the re-establishment of a light-house at a conspicuous, situation at or about New Smyrna, thereby proving beneficial to a large and important section of country :
1st. Beittherefore resolvedby theGovernor andLegislative Conn-' eil of the Territory of Florida, That our Delegate in Congress be and he is hereby requested to urge upon Congress the absolute necessity and propriety of having a light-house erected at or .near the above named place, on the Atlantic coast.
148


2d. Beilfurther resolved, That a copy of the foregoing preamble and resolution be duly authenticated and forwarded to the Hon. David Levy, by him to be laid before Congress.
Which were read the first time, and ordered' for for to-morrow.
Mr. Long offered the following preamble and resolutions s
Whebeas, in the year 1842 the citizens of Washington County were kept in constant dread and apprehension from the frequent inroads ofa desperate band ofrefugee Creek Indians, who committed acts of the most horrid barbarity, destroying whole families, and causing entire neighborhoods tcf leave their homes : And whereas, it was deemed necessary for the safety and protection ofthe citizens ofsaid county, that a company should be kept constantly in the field: And whereas, said company was raised by the recommendation of the Governor of Florida, and under the command of Stephen Daniel,and after a laborious, active and useful service of-nearly two months, was disbanded by order of the Secretary of War: And whereas, the Government has hitherto failed to pay the said company, and to remunerate personswho furnished suppliesofprovisionsandforagefor its use—
Resolved, therefore,bytheGovernor andLegislative Council, That our Delegate be requested to use his best exertiondto procure an appropriation sufficient to pay said company, and to pay for the forageand provisions supplied for, and the necessary expenses. incurred by,said company.
Resolvedfurther, That copies ofthese resolutions be forwarded to our Delegate, and to the proper officer at Washington., Which were read, and referred to the Committee on Preambles and Resolutions asking appropriations.
Mr. Spencer offered the following resolution :
Resolved, That this House will take up the orders every day at 11 o’clock. , ' Which resolution was rejected. Mr. Long offered the following preamble and resolutions: Whebeas, in the County of Washington there is no Court-house,
andthe businessofthecounty,theinterest ofthe people, andtheadministration ofjustice, require th(at suitable houses should be built for judicial and county purposes : And whereas, the present resources ofthe countyareentirely inadequatetotheconstruction ofsuchhouses without very onerous taxation :
therefore, be it resolved by the Governor and Legislative Council ofthe Territory ofFlorida, That our Delegate to Congress be, and he is hereby requested to use his best endeavors to obtain from Congress, for such purpose, a grant to said county of one quarter section of land, to be located by three commissioners to be elected by the people ofsaid county.
Be itfurther resolved, That a copy of this preamble and these resolutions be certified by the proper officers, and forwarded immediately to the Hon. David Levy.
Which were read, and the rule requiring the reference of like applications for appropriations suspended.
149


Mr. Heir moved that the committee on that subject be discharged from any farther consideration of such applications in future.
Vtfbieh motion was refused.
Mr. Long asked that the rules be now waived; afid the preamble and resolutions under consideration read the second and third timesand adopted.Which was refused, and the same ordered for a second reading tomorrow.
Mr. Child offered the following preamble and resolutions:
Whereas, by an act of the Legislative Council, approved on the 14th March, 1844, a county was organized in East Florida, to be called Marion, which county embraces a portion ofthat section of country heretofore in possession of the Indian tribes, and which is consequently in an unimproved condition :
Be it Resolved, That our Delegate in Congress be requested to use his best exertions to procure and have conveyed to said county of Marion, a quarter section ofland, to be selected by the proper authorities .of said county, whereon to locate a permanent seat ofjustice.
Beitfurther resolved, That a copy of this preamble and these resolutions be forwarded to the Delegate in Congress!
Which were read and referred to the Committee on Preambles and Resolutions. ’ -
Mr. Fergusonoffered the following resolution, viz r
Resolved, That no new business shall be introduced into this House
after the first of March next, unless by consent of two-thirds of the House. Messrs. Baldwin and Ferguson called for the yeas and nays on said resolution, which were as follows:
Yeas—Mr. Speaker, Messrs. Bush, Chapman, Cromartie, Ferguson, Hart, Long, Loring, Mays, McClellan, Philips, Randolph and Wilkison—Iff.
Nays—-Messrs. Baldwin, Brown, Child, Crichton, Goff, Haddock, Heir, Ivey, Patterson, Porter, Rogers, Sanchez, Spencer and Taylor —14.
So the resolution was rejected. ,
The House received from the Senate a bill, passed hy that body,entitled, an act to repeal all parts of laws providing remedies for distress for the collection of rent.
Which was read the first time, and'ordered for to-morrow.
ORDERS OF THE DAY.
A bill to provide for the sale of Equities.ofRedemption, made the special order for to-day, was taken up ;
The House, on motion, resolved itself in committee of the whole, Mr. Child in the chair, on said bill. After some time spent in the consideration of the same, the committee rose, and reported the bill to the House as amended.
Which report was concurred in, when
The House took a recess until 3 o’clock, P. M.
150


THREE O’CLOCK, T. M.
The bill reported from the committee of the whole was again taken up, and ordered to be read by sections. Mr. Brown moved to insert in the third line, first section, after the word property, “ under all mortgages hereafter to be made.” Messrs. Goff and Taylor called for the ayes and noe$ on said amendment, which were as follows: Yeas—Messrs. Brown, Bush, Child, Cromartie, Hart, Ivey, Philips, Randolph, Speer, Turner—10.
Nays—Mr. Speaker, ^Messrs. Baldwin, Crichton, Ferguson, Goff, Haddock, Heir, Long, Loring, Mays, McClellan, Rogers, Sanchez, Spencer, Taylor—15.
So the amendment was rejected.
Mr. Child hjoved Jo amend the bill by inserting in the third line, first section, after the word property, “ under all mortgages which have become due.”
Messrs. Heir and Goffcalled for the yeas and nays on said proposed amendment, which were : Yeas—Messrs. Brown, Bush, Child, Hart, Philips, Randolph, Turner—7,
Nays—Mr. Speaker, Messrs. Baldwin, Crichton, Cromartie, Ferguson, Goff, Haddock, Heir, Ivey, Long, Loring, Mays, ^McClellan, Rogers, Sanchez, Spencer and Taylor—17, '
So the amendment proposed was rejected. , Mr. Mays moved to strike out all after the word Territory in the last section ; Messrs. Cromai tie and Brown called for the yeas and nays on said motion, which were:
Yeas—Mr. Speaker, Messrs. Baldwin, Crichton, Goff Haddock, Heir, Loring, Mays, McClellan, Philips, Rogers, Sanchez, Taylor —13.
Nays—Messrs. Brown, Bush, Child, Cromartie, Ferguson, Hart, Ivey, Long, Randolph, Speer, Spencer,-Turner—12.
So the motion prevailed.
The bill was then ordered to be engrossed for a third reading tomorrow. A bill entitled, an act to exempt private Libraries from execution; Mr. McClellan moved that the bill be laid on the table ; On which motion, Messrs. Hart and Philips called for the yeas
and nays, which were: Yeas—Messrs. Baldwin, Crichton, Cromartie, Goff Haddock, Heir, Ivey, Loring, Mays, McClellan, Patterson, Philips and Spencer—13.
Nays—Mr. Speaker, Messrs. Brown, Bush, Child, Ferguson, Hart, Long, Randolph, Rogers, Sanchez, Speer, Taylor, Turner and Wilkison—14.
So the motion was refused.
The bill was then read ;
Mr. Loring moved to amend the bill by inserting the following
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words: “provided tire creditors shall have the right to read the boohs contained in said library.” Pending this motion, Mr. Taylor moved the House adjoyrn until
to-morrow,
Which motion was rejected.
On the question of adopting Mr. Loring’s proposed amendment, the yeas and nays were called for by Messrs. Taylor and Hart, and were: Yeas—Messrs. Ivey, Loring, Mays, McClellan, Patterson, Walker and Wilkison—7.
NaytJ—Mr. Speaker, Messrs. Allison, Baldwin, Brown, Bush, Child, Crichton, Cromartie, De la Rua, Ferguson, Goff, Hart, Heir, Long, Philips, Randolph, Rogers, Sanchez, Speer, Spencer, Taylorand Turner—22.
So the amendment was rejected.
Mr. Ferguson moved the House now adjourn until to-morrow 10 o’clock ; Which motion was refused. Mr. Child moved the indefinite postponement of the hill; Messrs.
Heir and Sanchez called for the yeas and nays on that motion, which were : Yeas—Messrs. Baldwin, Child, Crichton, De la Rua, Haddock, Loring, Pattersotf, Spencer, Turner, Walker and Wilkison—11.
Nays—Mr. Speaker, Messrs. Allison, Brown, Bush, Cromartie, Ferguson, Goff, Hart, Heir,' Ivey, Mays, McClellan, Philips, Randolph, Rogers, Sanchez, Spser and Taylor—18,
So the motion was lost.
On the question, shall the bill be engrossed and read the third time 1 the yeas and nays were called for by Messrs. Walker and Philips, and were:
Yeas—Messrs. Brown, Cromartie, 'Ferguson, Goff, Hart, Heir, Ivey, Randolph, Rogers, Sanchez, Speer, Taylor and Turner—13.
Nays—Mr. Speaker, Messrs. Allison, Baldwin, Bush, Child, Crichton,DelaRua,Haddock, Loring, Mays, McClellan, Patterson, Philips, Spencer, Walker and Wilkison—16.
â– So the House refused to have the hill engrossed for a third reading; and the same was lost. A bill to be entitled, An Act to authorise George W. Thompson
to establish a ferry across the Escambia river,
Was read the second time.
Mr. Long moved the following amendment, viz :
Sec. 4. Be itfurther enacted, That this act shall at any time be subject to the amendment, modification or repeal of any future Legislature of the Territory or State of Florida.
Which amendment was adopted.
The bill was then ordered to be engrossed for to-morrow.
A bill to be entitled, An Act to amend an act to provide for change
of venue in criminal cases; Was read the second time, and referred to the Judiciary Committee.
153
152

A bill from the Senate, to be entitled Ail Act for the relief ofTho
mas T. Russell â–  Wasread a second tithe, and indefinitely postponed* Abilltobeentitled, An Acttoamendtheseveral acts newinforce
in relation to proceedings in Chancery J Was rend a second time, and laid on the table. A bill to be. entitled, An Ad to divide the Western Senatorial
District;
Was read the second time, and referred to a select committee pfthree members from each Senatorial District. The following corhmittee was appointed by the chair: Messrs. Loring, Taylor, Allison, Brown, Patterson, Baldwin, Hart, Philips, McClellan, Long, Bush and De la Rua.
The House adjourned until to-morrow, 10 o’clock.
Thdbsday, 20th February, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read. Mr. Mays gave notice that he would, on some future day, ask leave to introduce a bill in relation to the Union Bank of Florida.
Mr. Taylor moved that the bill to organize and regulate the Militia of the Territory of Florida, be taken.from the table and placed among the orders of the day.
Which motion was granted.
At Mr. Loring’s request, Mr. Heir moved that the vote of yesterday, indefinitely to postpone a bill from the Senate, entitled, an act for the relief of Thomas T. Russell, be reconsidered.
Messrs. Loring and Heir called for the yeas and nays on said motion, which were as follows:
Yeas—Mr. Speaker, Messrs. Brown, Chapman, Child, Cromartie, De la Rua, Ferguson, Hart, Loring, Pattereon, Philips, Porter, Speer, Turner and Wilkison—15.
Nays—Messrs. Allison, Baldwin, Bush, Crichton, Goff, Haddock, Heir, Ivey, Long, Mays, McClellan, Randolph, Rogers, Sanchez, Spencer, Taylor and Walker—-17.
So the House refused to reconsider the vote on said bill. Mr. Ivey, in pursuance of previous notice given, introduced the following bill: An act to authorize Henry E. Purviance to establish a Ferry oil
the Suwannee River.. Which was read the first time. Mr. McClellan moved that the rules be waived, and said bill read
the second and third times, and put upon its passage. Which motion was carried. The bill was then read a second time.
JVIr. Baldwin then moved that the hill be laid on the table. The Chair decided that motion out of order. Mr. Heir rose to speak to a point of order.
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Mr. Hart called Mr. Heir to order.
The Chair decided Mr. Heir to be in order.
Mr. Hart appealed from the decision of the Chair; on which appeal, Messrs. Heir and Loring called for the yeas and nays.
, Before the question was put, Mr. Hart asked to be permitted to withdraw the appeal.
Mr. Heir objected to the withdrawal.
The House permitted Mr. Hart to withdraw the appeal, and Mr. Heir then proceeded to address the House. Mr. Baldwin’s motion, to lie on the table, was entertained, and refused. Mr. McClellan moved that the rules be waived, and the bill be read the third time, and put upon its passage.
Which motion was lost.
Mr. McClellan moved that the bill be engrossed for to-morrow.
Which motion prevailed.
Pursuant to previous notice given, the following bills were introduced, viz: By Mr. Philips: Abilltobe entitled, anactifor thereliefofcertain persons therein named.
Which was read the first time, and ordered for to-morrow.
By Mr. Loring:
A bill to be entitled, an act to establish a Ferry across the St. John’s River at Pilatka. Which was read the first time and ordered for to-morrow. On motion of Mr. Ferguson a bill entitled, an act in relation to
proceedingsinChancery, wastaken fromthetable andplaced amongthe orders of the day.
Motion granted.
Mr. Allison gave notice of his intention, on a future day to ask leave to introduce a bill to be entitled, an act to repeal an act to au. thorize Executors and Administrators to sell real estate in certain cases, and to repeal certain acts therein mentioned, passed 4th March, 1841, and for other purposes.
Mr. Wilkison, pursuant to previous notice given, introduced a bill entitled, an act to authorize the County of Santa Rosa to raise a revenue.
Which was read the first time and ordered for to-morrow.
According to previous notice given, the following bills were intro
duced, viz:
By Mr. Bush :
A bill to be entitled, an act to prescribe forms to regulate proceed ings before Justices of the Peace, Coroneis and other officers in the Territory of Florida. Which was received, read twice by the title, and referred to the
Judiciary Committee.
By Mr. Bush:
A bill to be entitled, an act to amend the chapter entitled Elec
tions, approved 15th March, 1843.
20
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Which was read the first time, and ordered for to-morrow.' By Mr. Cromartie: A bill to be entitled, an act to authorize Nathaniel Roberts to es
tablish a Ferry across the Oclocknee River. Which was read the first time and ordered for to-morrow. Mr. Speer offered the following resolution, viz : Resolved, That this Legislature do adjourn sine die, both Houses
concurring in the same, on Tuesday the 11th day of March next. Mr. Baldwin moved that the resolution be laid on the table. Messrs. Loring and Haddock called for the yeas and nays on said
motion, which were as follows: Teas—Mr. Speaker, Messrs. Allison, Baldwin, Brown, Child, Goff', Ivey, Mays, Porter, Sanchez, Spencer, Taylor and Walker—13.
Nays—Messrs. Bush, Chapman, Crichton, Cromartie, DeJaRua, Ferguson, Haddock, Long, Loring, McClellan, Philips, Rogers, Speer and Wilkison—14,
So the motion was refused. Mr. De la Rua moved a call of the House; which was ordered. The Secretary reported Messrs. Hart, Patterson, Randolph and
Turner absent. The Sergeant-at-Arms was directed to request the absent members to attend. On motion ofMr. Baldwin, the further consideration ofthe xesolution was postponed until 11th March next. Mr. De la Rua, from the Committee on Engrossed Bills, reported as correctly engrossed, a bill entitled, an act to authorize George W. -Thompson to establish a Ferry across the Escambia River. Also, a bill entitled, an act to provide for the sale of Equities of Redemption.Also, a bill entitled, an act to organize a County to be called LevyCounty.Which report was received, and the bills placed among the orders
of the day.Mr. Speer offered the following resolution : Resolved, That this House convene every day at nine o’clock, A.
M., and adjourn at half-past one, P. M. Which, on motion of Mr. Heir, was postponed until 12th March. Mr. Speer also offered the following resolution: Resolved, That the orders of the day be taken up every day at half
past eleven o’clock, unless the morning business should be sooner dis
posed of, at which time the orders will be proceeded with. Which was rejected. Mr. Heir, from the Committee on Preambles and Resolutions, to
which was referred the preamble and resolutions requesting the Delegate in Congress to endeavor to have conveyed by Congress a quarter section of land for a County Seat for Marion County, reported the same to the House with an amendment.
Which report was received, and the preamble and resolution placed among the orders. Mr. Ferguson, from the Judiciary Committee, to which was refer*
155


red an act to amend an act to provide for change of venue in criminal cases; Also, a "bill to be entitled, an act in addition to an act in relation to liens created by judgments;
Reported said bills to the House without amendment.
Also, a bill entitled, an act to exempt homesteads from execution, attachment and distress, reported with an amendment.
Mr. Ferguson, from the Judiciary Committee, to which was referred a bill entitled, an act further prescribing the duties of recording officers, reported against the said bill.
Which reports were received, and the bills placed among the orders.
Mr. Ferguson, from the Judiciary Committee, reported that the memorial of Wm. H. Brockenbrough, Esq., referred to that committee in part, and in part to the Committee on Corporations, was a lengthy document, and should be placed before both committees, and asked that fifty copies of said memorial be printed.
Which report was received, and fifty copies of the memorial ordered to be printed.
Mr. Long, from a select committee, made the-following report:
The Select Committee which was directed to inquire—
1st. Whether the St. Andrews and Chipola Canal Company have
incurred a forfeiture of their charter of incorporation, and if they so find, report,
2d. What measures are the most proper and expedient to adopt, in order to have such forfeiture enforced,
REPORT:
That they have procured satisfactory evidence that since the incorporation of the company in 1832, nothing has been done by said company in pursuance of the purposes for which its charter was granted, and from the length of time which has been permitted to elapse since the charter was given, it does not seem to be the purpose ofthe corporation to make use of anyofits franchises.
The Committee believe that it is not consistent with the rights and interests of the people of the Apalachicola District, that this Company should be permitted te hold the exclusive rights bestowed by its charter, to be exercised or not, as may suit its own pleasure. The privileges bestowed were in consideration ofbenefits expected to be conferred on the public by the operations of the company, and when these are withheld or postponed to an indefinite period, the Committee believes it amounts to a forfeiture of the privileges secured by the charter, though there may not be m the act of incorporation any express provision imposing a forfeiture for non-user.
Other companies, of more zeal or more capital, might be found, who would undertake the construction of the work, which would be of so much interest to the inhabitants of that section of the country,but while the present company exists, ofcourse nothing of the kind can be expected, and the committee do not deem it right or reasonable, that while doing nothing themselves, they should be allowed to exclude all prospect of the work being done by others.
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Non-user of privileges, of such exclusive character as are granted in the act of incorporation which created this company, the Committee regard clearly as a forfeiture of the franchises conferred, and they have not found that there are any circumstances which entitle this company to any exclusive indulgence, even if their was a hopeof their ever complying with the implied condition in their charter.
The committee believe therefore that it is proper to adopt the following resolution which they have prepared, and recommend for consideration.
Resolved by ike Governor and Legislative Council of the Territoryof Florida, That the United States Attorney for the Apalachicola District, be instructed to institute proceedings forthwith against the St. Andrews and Chipola Canal and Rail Road Company, for nonuser of its franchises, and that he endeavor to enforce in the proper court a forfeiture ofall the privileges and franchises conferred on said company in its act ofincorporation.
Which was received, the resolution read and ordered for to-morrow.
Mr. Brown, from a select committee, made the following report:
The Select Committee appointed to examine into, and report upon,the allegations set forth in the petition of Crawford Sprowl, prayingthat a law may pass, divorcing him from his wife, Maria Louisa, have had the same under'consideration, and after a full investigation and examination of the testimony before the Committee, are clearlyofthe opinion that the charges set forth in the memorial of the petitioner are true, and that there are merits in his case which call for legislative relief.
Your Committee are well aware, that applications of this character have found but little favor with this Legislature; and as grievances of this kind have been transferred to the Courts for judicial investigation and determination, your committee would not recommend Legislative interference, unless they were fully impressed with the belief) from a thorough investigation of all the circumstances of this caBe, that it is one entitled to the favorable consideration of this Legislative Council. They therefore report the accompanying bill.
Ail of which is respectfully submitted. THO. BROWN, Chairman. Which was received, the bill reported read the first time, and ordered for to-morrow. The Senate returned to the House the following bills and resolutions, to-wit:
An act to legalize the elections of Mosquito now Orange County;
Passed by the Senate without amendment.
An act to alter the line between Orange County and St. Lucie;
Passed by the Senate without amendment.
An act to change the time of holding the Superior Courts for the Counties of St.^Johns, Mosquito and Saint Lucie, in the Eastern District of Florida; Passed by the Senate unanimously without-amendment.
157

157
Preamble and resolutions relative to obstructions in the San Tafee River;
Adopted by the Senate without amendment.
Preamble and resolutions relative to the establishment of a triweekly mail between Chattahooehie and Apalachicola; i
Adopted by the Senate without amendment.
The Senate informed the House that an act to permit Nelson Gray to practice law in the several Courts in this Territory, was rejected by that body.
ORDERS OF THE DAY.
The memorial and resolutions to Congress asking remuneration for losses in the Indian war;
Was read the third time, and adopted unanimously by the House.
Ordered that the same be certified to the Senate.
A bill entitled, an act to amend an act relating to crimes and misdemeanors) was taken up, and the House, in committee of the whole, Mr. Loring in the Chair, resumed the consideration of said bill.— After some time, the committee rose, and reported the same to the House with sundry amendments.
Which report was concurred in, the bill, as amended, ordered to be engrossed and read a third time to-morrow. A bill entitled, an act to prevent the future migration of free negroes or mulattoes to this Territory, and for other purposes;
Was read the second time, and referred to the Judiciary Committee.
A bill entitled, an act for the relief of John M. Hanson;
Was read a second time, and postponed until to-morrow.
A bill entitled, an act to reduce the tax on Billiard Tables;
Was read the second time, and ordered to be engrossed for to-morrow. A bill to repeal the Charter of the Bank of Florida was taken up,and re-committed to the Committee on Corporations. A bill entitled, An Act to alter and fix the time of holding the Spring Term of the Superior Court for Wakulla County,
Was read the third time and passed. Title as stated.
A bill from the Senate entitled, An Act to amend the law approved March 15th, 1844, to incorporate the inhabitants of the different Townships of this Territory, came up on its second reading.
Mr. Child moved to amend the 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th section of the bill, by inserting the words, “ Be it further enacted.”
Which motion was agreed to, and fifty copies ordered to be printed.
The House took a recess until 3 o’clock.
THREE O’CLOCK, P. M.
A quorum being present,
On motion of Mr. Child, leave of absence was granted Mr. Hart for the balance of this week.
A bill entitled, An Act to provide for the holding an additional term ofthe Superior Courts in the Eastern District,
158


Was read the second and third times and passed, with the title as stated. A bill to be entitled, An Act concerning Replevin, was read the first time, -and ordered for to-morrow. A bill to be entitled, An Act in relation to Garnishee and Garni-she Process,
Was read the first time, and ordered for to-morrow.
A bill to be entitled, An Act to protect and secure the citizens of Florida in the free and undisturbed lawful use of the Hillsboroughriver, Was read the second time, rule waived, read a third time and passed. Title as stated. Preamble and resolutions asking of Congress an appropriation for the re-building of a court house in Hillsborough county,
Was read the second time, and ordered for to-morrowl
A bill to be entitled, An Act to change the time of holding the Superior CourtintheEastern District ofFlorida, Was read the first time, and ordered for to-morrow. Preamble and Resolutions asking the Delegate in Congress to
procure an alteration in the organic law, so as to give the Superior Courtsjurisdiction incivilactionsofthe valueoffifty dollars,
Was read the second time, and ordered for to-morrow.
A bill from the Senate entitled, An Act to provide for the Teste of Writs and other process, Wasread thesecond time,andreferred totheJudiciaryCommittee. Preamble and Resolutions from the Senate relating to the location
of a sixteenth section by the inhabitants of LaFayette Township,elsewhere,
Were read a third time and adopted.
A bill from the Senate entitled, An Act to amend the Revenue Daws ofthis Terriiory,Was read the second time, amended by inserting an enactingclause, and postponed until to-morrow. A bill entitled, An Act to organize a county to be called ClayCounty,Was read the second time, and made the special order of the dayfor Tuesday next. Preamble and Resolutions in relation to a division line between
the Southern andEastern Judicial and Senatorial District,
Was read the second time, and postponed until Monday next.
A bill to be entitled, An Act to repeal all parts of laws providingremediesbydistressforthe collection ofrent,
Was read a second time, and laid on the table.
A bill to be entitled, An Act to amend an act relative to Roads and Highways in Nassau county,
Was read a second time, and postponed until to-morrow.
A bill to be entitled, An Act to repeal an act establishing a tariff offees, passed 15th March, 1844, and for other purposes,Wasread thesecond time,andreferred totheJudiciary Committee. A bill to be entitled, An Act relating to Executions,
159


Was read the second time, and ordered to be engrossed for tomorrow.
The House adjourned until to-morrow, 10 o’clock.
Friday, 21st February, .1845,
The House met pursuant to adjournment, and a quorum being present, the Journal ofyesterday’s proceedings was read. Pursuant to previous notice, Mr. Patterson introduced the followingbill: A bill to be entitled, an act to provide the mode of punishment for certain offences at Key West, in the Southern Judicial District.
Which was read the first time, and ordered for to-morrow.
Mr. Turner presented a petition from sundry citizens of a portionof Jackson and Walton Counties, asking for certain limits to be assigned for the boundaries of a new County.Which was read, and placed with other petitions on the same -subject.Mr. Brown presented a petition from the Trustees of the Methodist Episcopal Church of Tallahassee. Which was read and referred to a select committee to consist of Messrs. Brown, Ferguson and Heir. His Excellency the Governor transmitted to the House the following message:
Executive Department, }
Tallahassee, February 20th, 1845. $
'Gentlemen ofthe Senate and Souse of Representatives:
I have approved the following acts and resolutions of the Legislature, viz:
1.
An act to amend an act entitled an act to incorporate the Trustees of the Presbyterian Church in Quincy.

2.
An act to amend an act to incorporate the Protestant EpiscopalChurch of St. Johns Parish, Tallahassee.

3.
An act to amend an act to incorporate the town of Columbus, approved 14th March, 1844.

4.
A preamble and resolutions respecting a donation of publiclands to the County of Wakulla for a Court House and Common Schools.

5.
A preamble and resolutions asking an appropriation for the improvement of the straight channel in the Bay of Apalachicola. I have the honor to be your obedient servant,


JN. BRANCH. Which was read. Mr. Crichton, from a select committee, made the following report: The select committee to whom was referred the petition of David
L. Palmer and others, citizens of Duval County, praying that David
L. Palmer be permitted to build a Toll Bridge, with flood-gate and
160


dike, across St. Pablo Creek, on the St. John’s River, beg leave to report by bill, which is respectfully submitted.
A. W. CRICHTON, Chairman.
Which was received, and the bill reported, viz: a bill to be entitled, an act to authorize David L. Palmer to build a Toll Bridge with flood-gate and dike across St. Pablo Creek, on the St. John’s River, read the first time, the rule waived, read a second and third times, and passed, with title as stated.
Mr. De la Rua, from the Committee on Engrossed Bills, reported as correctly engrossed, a bill entitled, an act to reduce the tax on Billiard Tables;
Also, a bill entitled, an act relating to Executions.
Mr. Porter, from a select committee, made the following report:
The Select Committee to which was referred the petition of sun
dry citizens of Calhoun county and of Jackson county, praying that a portion ofthelatter countybe addedto theformer county,
REPORT:
That the portion ofcountry which the petitioners desire should be added to Calhoun county, is in the extreme south-eastern part of Jackson county, remote from Marianna, which is the county site of thatcounty,beingfromtwentyto thirtymilesfrom thatplace, while nopartofitismorethanfifteen milesfromtheseat ofjustice in Calhoun county; besides, that the business and connections ofthe people with Calhoun, would make it much more convenient for them to be attached to that county.
In addition to this consideration the Committee would state, that Jackson county is very large and populous, while Calhoun is small and but sparsely populated, so that the proposed change would tend towards equalizing the counties, which is always desirable, when it can be effected without occasioning inconvenience. In this case no inconvenience can result to any one, and as the petitioners show that it is desirable to the persons chiefly interested, the Committee recommend that the prayer of the petitioners be granted, and theyhave prepared a bill for that purpose, which they recommend for enactment. JOEL PORTER,
Chairman Select Committee.
Which was received.
Mr. Chapman, from said commitee, offered the following minority
report:
The undersigned, one of the select committee to which was refer
red petitions from citizens of Jackson and Calhoun Counties, asking
forthe annexation of aportion ofthefirst tothe latternamedcounty,
not concurring fully in the report of the majority of said committee,
asks leave to submit his views on said subject.
There is now depending before the House, a bill to form a new
county of portions of Jackson and Walton counties. The bill pro
poses totakeoffaportion oftheupper or western partofsaidcounty.
The petition now under consideration asks for a grant of the lower
part ofJackson to Calhoun county. Ifboth measures could be adopted.
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the undersigned -would interpose no objection; nor does he believe that it would be unaccepted to the people of Jackson county at large.But the undersigned knows-well that a very large majority of the county which he represents is opposed to the dismemberment of the one part, unless the other is also taken off, as is proposed by the bill now before the House. The distance from the Court House to the western boundary of said county is near sixty miles, while it is not more than twenty five miles to the eastern boundary within the limits proposed -by the petitioners; so that, if the inconvenience arising from distance is to be considered, it exists in a much stronger degree as to the bill proposed than to the one recommended by the select committee. If the one application is denied, the undersigned insists that the 'other should not be granted.
JOHN R. CHAPMAN.
Which was read, and the bill reported, viz: a bill to be entitled, an act to annex a part of Jackson County to' Calhoun County, read the first time, and ordered for to-morrow.
Mr. .Spencer, from a select’committee to which was referred a memorial of ship masters of Apalachicola,, praying an alteration of the laws respecting Pilotage, &c., for that port, reported the followingbills;
A bill entitled, an act to amend an act to establish a Board ofPort Wardens for the city of Apalachicola ; Also, a bill to be entitled, an act to establish a Board of Commissioners of Pilotage for thfe' city of Apalachicola^ Whiclj bills were read the first time, the rules waived, read the second time, and ordered to be engrossed for to-morrow. Mr. Heir, frofn the Committee an Resolutions, made the following report:
The Committee on Resolutions to which' was referred a Preamble
and Resolutions, asking an appropriation from Congress for the
payment of a Company of Volunteers, in service in the county of
Washington, in this Territory, in the year 1842,,"and also for the
payment of the accounts of those who furnished said company with
forage and supplies during their term of service; ask leave to • • ..
,REPORT:
That they have considered the same, and are of opinion that if there are any calls for remuneration for services of any kind whatever, which merit the immediate and favorable attention of Congress, they are the cases of those who step forward in -the hour of danger in their country’s cause, either to do battle, or furnish the means of sustaining those who expose voluntarily their lives in the protection of their countrymen. The appropriation asked for will be' small in amount, as the term of service was short; but though a trifle to. the(General Government, it will be quite an object to those who‘"have so dearly earned it. The Committee therefore earnestly recommend the adoption of the Preamble and Resolutions.
. TIIOS. JEFF. HEIR, Chairman.
21
162


Which was received,-the resolutions reported back, read the second time, and ordered to be engrossed for to-morrow. The Senate transmitted to the House-the following message: Senate Chamber, Teh. 20th, 1845.
Hon. Speaker House ofRepresentatives:
Sir—The following is the rote of the Senate on the passage of the bill to be entitled, An Act to amend an act entitled an act to providearevenue fortheTerritoiy, approved Nov.22d, 1829, passedby two-thirds ofthe House of Representatives, overthe veto of the Governor, and sent to the Senate for its concurrence.
Yeas—Mr. President, Messrs. Anderson, Carter, Hart, Kelly,Long, Putnam, Pent and Summerlin—9. Nays—Messrs. Baltzell, Gilchrist, Johnson, Mosely and Richardson—-5. So the bill was rejected by the Senate, two-thirds of the whole number ofSenators notvotingfor it. Your obedient servant,
• THOS. F. KING,
Secretary oftheSenate.
Which was read.
The Senate returned to the House the following bills, which had been passed by that body without amendment, viz : An act to establish the County site of Hillsborough County; Also, a bill entitled, an act to authorize John'Shiefler to establish
a Ferry across the South prong of Black Creek, about half a mile Above its mouth. The following message was received from the Senate: Senate Chamber, Feb. 21, 1845.
Hon. Speaker-of the House of Representatives :
Sir: The Senate has reconsidered their vote ofyesterday on the billpassed bytheHouse ofRepresentatives overthevetoofthe Governor, entitled, An Act to amend an act entitled an act to raise a revenue for the Territory.
The following is the vote on the passage of the bill—(see endorsement on the bill.)So the bill passed by the requisite majority of two-thuds of the Senate. Your obt. servant, THOS. F. KING,
Sec’y. ofthe Senate.
Which was read, and the bill returned ordered to be deposited in the office of the Secretary of Florida.
The Senate returned to the House the following bills:
An act to provide for the erection of a public Jail and premises in the County of Monroe ; Passed by the Senate without amendment. Also, a bill to divorce Agnes Bell from her husband, Joseph G.
Bell,andto change the name ofAgnes/Bell to thatofAgnes Woolf;
Passed by the Senate without amendment.
The House received from the Senate, a pieamble and resolutions relative to the Courts of Walton;
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163
Whic'h were read the first time, and ordered for to-morrow.
ORDERS OF THE DAY.
A bill to be entitled, an an to reduce the expenditure ojf the Government, provide for the election of Auditor, and for other purposes, made the special order for the day, was taken up.
The House, on motion of Mr. Baldwin, resolved itself in committee of the whole, Mr. Bush in the Chair, on said bill. After some time spent in the consideration of the same, the committee rose, and reported the bill to the House with sundry amendments.
Which report was concurred in.
Mr. McClellan moved to strike out from the amendment made in the 9th section, “ one thousand,” and insert “ six hundred,” so as to fix the Auditor’s salary at six hundred dollars.
Messrs. McClellan and Ferguson called for the ayes and noes on said motion, which were •,
Yeas—Messrs. Allison, Bush, Chapman, Child, Haddock, fvey,Long, Mays, McClellan, Porter, Randolph, Rogers, Speer, Tayloyand Turner—15.
Nays—Mr. Speaker, Messrs. Baldwin, Brown, Crichton, Cromartie, De la Rua, Ferguson, Heir,. Lorrng, Patterson, Philips, Sanchez,, Spencer, Walker and Wilkison—15.
So the motion failed. : Mr. Heir moved the indefinite postponement of the bill, which motion he afterwards withdrew. Mr. Baldwin moved that the bill be postponed until Monday, and made the special order of the d&y for that day.Mr. McClellan asked for a division of the question, which was granted.On the question shall the bill be postponed until Monday next—• the motion was granted.
On the question ofmaking the bill the special order of the day for Monday, the yeaB and nays were called 'for by Messrs. Baldwin and Loring:
Before the question was put, Mr. Heir moved an adjournment until Monday, 10 o’clock; Which motion prevailed, and the House adjourned until Monday, 10 o’clock, A. M.
Monday, 24th February, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of Friday’s proceedings was read.
ORDERS OF THE DAY.
A bill entitled, an act to reduce the expenditure of the Govern-,
164


ment, provide for the election of Auditor, and for other purposes, being the unfinished business of Friday last, came up first in order.
The House again went into a committee of the whole, Mr. Heir in the Chair, on said bill; after some time, the committee rose, and reported the bill to the House with amendments.
Which report was received.
Mr. Baldwin moved to strike out the word “ ten” and insert the wdrd ‘‘five” in lieu thereof; so as to reduce the amount of the bond required of the officer to the sum of five thousand dollars.
Which motion was lost. Mr. Heir moved to strike out the salary of “ sis hundred” and insert “ five hundred” in lieu thereof. Messrs. Heir and Ferguson called for the yeas and nays on said motion, which were : Yeas—Mr. Speaker, Messrs. Allison, Bush, Cromartip, Ferguson,' Goff, Haddock, Hart, Heir, Boring, McClellan, Porter and Sanchez —13.
Nays—Messrs. Baldwin, Brown, Chapman, Child, Crichton, De la Rua, Ivey, Long, Mays, Patterson, Philips, Randolph, Regers, Speer,Spencer, Taylor, Turner and Wilkison—18.
"So the motion failed.' .
Mr. Patterson moved to strike outtheword“five”andinsertinlieu thereof “ eight/’ so as to fix the Auditor’s salary at eight hundred dollars.
Messrs. Ferguson and Patterson called for the yeas and nays on said motion, which were : Yeas—Messrs. Baldwin, Brown, Chapman, Child, Crichton, De la Rua, Patterson, Philips, Randolph, Spencer, Turner and Wilkison *
—12.
Nays—Mr. Speaker, Messrs. Allison, Bush, Cromartie, Ferguson,' Goff, Haddock, Hart, Heir, Ivey, Long, Loring, Mays, McClellan,
Porter, Rogers, Sanchez, Speer and Taylor—19. So the motion was rejected. Mr. Bush, from the Committee on Enrolled Bills, made the follow
ing report-: . * The Committee on Enrolled Bills have examined the followingbills and resolutions, and find them correctly enrolled, viz:
1.
An act to legalize the elections ofMosquito now Orange-County.

2.
Resolutions relative to the appointment of a Custom House officer for Jupiter and Indian River Bar.

3.
An act to divorce Agnes Bell from her husband, Joseph G. Bell, and to change the'name of said Agnes Bell to that of Agnes Woolf.

4.
A bill to be entitled, an act to provide for the erection of a public Jail and premises in the County of Monroe.

5.
A bill to be entitled, an act to authorize John Sheifler to establishaFerry across theSouthprongofBlackCreek, abouthalfamile above its mouth. ^

6.
An act to organize the Centreville Greys.

7.
Resolutions relative to obstructions in the Santa Fee Rivet. 8.. An act to change the time of holding the Superior Courts for the


165


Counties of St. Johns, Mosquito and St. Lucie, in the Eastern District of Florida.
9.
-A bill to alter the line between Orange County and St. Lucie.

10.
An act.to establish the County Site of Hillsborough County.

11.
Anact toamendan act toorganizetheMonroeCountySchool.

12.
Resolutions asking of Congress for an application of an appropriation previously madeforconnecting thewaters OfIndian River and Mosquito Lagoon.--A

13.
A bill to authorize John, Gaskins to establish a Ferry across Yellow River.

14.
An-act to authorize Lewis Miller, Sr., to establish a Ferry across Holmes’ Creek.

15.
Resolutions respecting the navigation of St. Marks River.

16.
An act to authorize Alexander McAlpin to establish a Ferry across the Chipola.River.

17.
Resolutions asking Congress for an appropriation to remove obstructions in Yellow-River.

18.
Resolutions relative to the erection of a Light House on Egmont Key. , *

19.
Resolutions for a road from Sopchopee to Apalachicola.

20.
Resolutions asking of Congress an appropriation for the building of a Bridge across the Hillsborough Rive;.

21.
An apt to authorize Alexander Clark to establish a Ferry across the Chipola River. All which is respectfully .submitted.


, -A. H. BUSH, Chairman. Which Was received. • • A bill entitled, an act for the relief of Archibald Patterson; Was read the second time, and referred to the Committee on the
Judiciary.Preamble and resolutions asking a grant from Congress for a quar
ter sectiomof land for Washington County;Were read the second time and ordered for to-morrow. Preamble and resolutions relative to a Light House at or near
New Smyrna; Were read the second time and ordered for to--morrow. >A bill to be entitled,'an act to organize and regulate the militia; Was -read the second time, the rule waived, read a third time, pass-"
ed, with the title as stated, and ordered to be certified to the Senate.
• Mr. De[,la Rua, from the Committee on Engrossed Bills, made the
following [report: The Committee on Engrossed Bills, report as correctly engrossed: A bill to be entitled, aq ‘act to amend an act entitled an act to es
tablish a Board of Port Wardens and Commissioners of Wrecks for the port of Apalachicola; Also, a bill to be entitled, an act,to establish a Board of Commissioners of-Pilotage for the harbor and waters of Apalachicola; Also, a bill to be entiled, an act to authorize Henry G. Purviance to establish a Ferry on the Suwannee River;
166


Also,abill tobeentitled, anacttoamendanact relating tocrimes and misdemeanors; Also, a preamble and resolutions asking our Delegate to procure an appropriation for the payment of the Washington County volunteers. / F. E. DE LA RUA,
Chairman Committee Engrossed Bills.
Which was received.
A bill, from the Senate, entitled^m act to amend the several acts now in force in relation to proceedings in Chancery; Was read the third time, and postponed until to-morrow. A bill to -provide for the sale of Equities of Redemption, came up
on its third reading;
Mr. Brownmoved that the bill be re-committed to the Housein committee of the whole; on which motion the yeas and nays were called for by Messrs. Goffand Mays, which were as follows:
Yeas—Messrs. Allison, Brown, Bush, -Chapman, Cromartie, Ferguson, Hart, Long, Philips, Randolph, Turner and Wilkison—12.
Nays—Mr. Speaker, Messrs. Baldwin,-Crichton, Goff, Haddock, Heir, Ivey, Loring, Mays, McClellan, Patterson,"Porter, Rogers, Sanchez, Speer, Spencer and Taylor—17.
So the motion failed.
A call of the House was moved by Mr. Allison; which was made.
The Secretary reported as absent Messrs. Child, De la Rua, Speer « and Welker, and the Messenger was sent to invite said absentees to attend. On the question, shall the bill pass 1 the yeas and nays were called for by Messrs. Goff and Mays, and were as follows, viz .:
Yeas—Mr. Speaker, Messrs. Baldwin, Crichton, Goff, Haddock,Heir, Ivey, Long, Loring, Mays, McClellan, Patterson, Porter, Rogers, Sanchez, Spencer and Taylor—17.
Nays—^Messrs. Allison, Brown, Bush, Chapman, Cromartie, Ferguson, Hart, Philips, Randolph, Speer, Turner and Wilkison—12.
So the hill was passed, with the title as stated.
A bill to be entitled, an act to authorize George W. Thompson to establish a Ferry across the Escambia River; Was read the third time, and passed, with the title as stated. Mr. Brown asked that the rules be waived to permit him to intro
duce a bill to be entitled, an act to facilitate the organization ofthe State of Florida! Which motion prevailed, and said bill read the-first time, the rule waived, read a second time, and fifty copies ordered to be printed.Preamble andresolutions askingaquarter section oflandforMarion county;Were read the second time, and ordered to be engrossed for tomorrow.
. Abillentitled,anacttoorganize acounty tobecalledLevy County;
Was read the third time, and passed, with the title as stated.
Mr, Spencer moved that the twp bills, as follows, viz:
An act to. establish a Board of Commissioners of Pilotage for the harbors and waters of Apalachicola Bay;
167
167

Also, an act to amend an act to establish a Board of Port Wardens andCommissioners ofWrecks fortheportofApalachicola, be placed first among the orders.
Which motion prevailed, and the said bills were read the third time, and passed, with the title as stated.
The House received from the Senate a resolution, adopted by that body, requiring the Secretary of Florida to furnish each member of the Senate and House with a copy of the journal of proceedings of the St. Joseph Convention, also a copy of the Constitution adopted by that Convention.
Which was read and adopted, and ordered to be certified to the Senate. The House received from the Senate the following message: Senate Chamber, February 24, 1845.
Hon. Speaker of the House of Representatives:
Sir: The Senate has passed the bill from the House, to be entitled, an act to fix permanently the county seat of Wakulla county, with amendment by striking out the first section, and inserting the followingin its place, (see appendage to the bill.)
Your obedient servant,
THOS. F. KING, Sec’y. of the Senate.
Which was read, and the bill returned with amendment, postponeduntil the member from Wakulla was enabled to take his seat. The Senate returned to the House the following bills, viz: An act to regulate Pilotage in the port of St. Marks, passed by the
Senate without amendment.
Also, preamble and resolutions asking Congress to fix permanently the Northern boundary line of Florida, adopted by the Senate with-. out amendment.
A bill entitled, an act to exempt Homesteads from execution, attachment and distress;
Was read the second time, and laid on the table.
An act further prescribing the dulies of recording officers, (originating in the Senate) ; Was indefinitely postponed.A bill to be entitled, an act in addition to an act entitled an act in
relation to liens created by Judgment:
Mr. Allison moved the indefinite postponement of the bill, and the yeas and nays being called ibr on said motion by Messrs. Heir and Taylor, were as follows:
Yeas—Messrs. Allison, Chapman, Cromartie, .Hart, Ivey, Long,Mays, McClellan, Porter, Randolph, Spencer, Taylor and Wilkison —13.
Nays—Mr. Speaker, Messrs. Baldwin, Bush, Child, Crichton, Haddock, Heir, Loring, Patterson, Philips, Rogers, Sanchez and Speer—13.
So the motion, was refused, and the bill ordered to be engrossed for to-morrow. The House adjourned until to-morrow, 10 o’clock.
168


’ ' Tuesday, 25th February, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read.
Mr. Long movedtoamendthejournal oflast Friday’sproceedings so that the amendment.offered by him to an act to authorize David
L. Palmer to build a Toll Bridge, with flood-gate and dike, across Pablo Creek, on the St. John’s River, may appear as follows: “to strike out fifty years in said act, and insert twenty years; which amendment was lost.”
Which motion was refused by the House. Pursuant to previous notice given, Mr. Brown introduced the following bill, viz:â–  A bill to be entitled, an act to amend an act giving a lien to mechanics in certain cases. * i Whichwasread the first andsecond times,(th'erulebeingwaived),and referred to the Judiciary Committee. ' Mr. De la Rua, from the Gommittee on Engrossed Bills, reported as correctly engrossed: A bill to be entitled, an act in addition to an act entitled an act in relation to. liens created by Judgments ; Also, preamble and resolutions asking a quarter section of land for Marion County, *
Which report was received.
Mr. Brownpresented a petitionof.Mrs.AnnCharlotte Kelly, pray
ing for a divorce from her husband, James Kelly.Which was read, and referred to the select committee appointed on a former day, on the petition of Mr. Sgrowl. J Mr. McClellan presented a petition signed by citizens of Columbia county and the adjoining counties, praying relief in behalf of John
M. Hanson, &c.
Which was read, and placed among the papers relating to said subject.
ORDERS OF THE DAY.
Mr. Bush moved that the bill entitled, an act to prescribe forms, to
regulate proceedings before Justices of the Peace, Coronets and other
officers in the Territory of Florida, be placed first among the orders,
ahd be now read and acted upon.
Which motion prevailed, and the bill read by thetitle and passed,
withthetitle asstated.
A bill entitled, an act respecting Corporations, was read the-se
cond time, and ordered to be engrossed for to-morrow. •
A bill entitled, an act respecting the property of, and debts due to,
Corporations that haVe been dissolved, and of debts owing by them ;
Was read the second time, and ordered to be engrossed for to-mor
row.
A bill entitled, an act respecting Bank notes or bills, was read the
second time, and ordered to be engrossed for to-morrow.
169


A bill entitled, an act to amend the law, approved March 15,1844, to incorporate the inhabitants of the different Townships of this Territory ;
Was read the second time, and laid on the table. A bill entitled, an act to amend an act to provide for change of venue in criminal cases ; Was read the second time, and ordered to be engrossed for to-morrow. A bill entitled, an act in relation to Brigade Inspectors, &e., and to repeal the law providing payment for slaves executedfor crimes ;
Was read the second time, and laid on the table.
A bill entitled, an act to authorize the County of Santa Rosa to raise a Revenue; Was read the second time, and ordered to be engrossed for to-morrow. On motion of Mr. Bush, a bill entitled, an act to exempt Homesteads from execution, attachment and distress;
Was taken from table, and placed among the orders of the day.
A bill entitled, an act to authorize S. Glinski to establish a Ferry across the St. John’s River, at Pilatka;
Was read the second time, amended, on motion of Mr. Loring, byinserting the name “ Stanislaus,” so as to authorize Stanislaus Glinski to establish a Ferry, &c., and the bill ordered to be engrossed for tomorrow.
A bill entitled, an act for the relief of certain persons therein named;
Was read the second time, and with certain papers accompanyingthe bill referred to a select committee to consist of Messrs. Philips,Haddock and Crichton.
A bill to be entitled, an act to amend the chapter entitled Electipns,approved 15 March, 1843 ;
Was read the second time.
Mr. McClellan moved to strike out the second section of the bill, to-wit:
“ That so much of said chapter entitled Elections, as requires the Clerks of County Courts to give certificates of election, and as givescompensation to the inspectors of elections, section three, of article sixth, of said chapter, be and the same is hereby repealed
And insert as follows:
“ That so much of the section entitled chapter, &c., Elections, as gives compensation to inspectors of elections, be and the same is hereby repealed; provided, however, That the inspector who shall carry such returns to the Clerk’s office, shall receive one dollar perdiem while actually engaged in said service.”
Which amendment was adopted, and the^bill ordered to be engrossed for to-morrow. The Senate transmitted to the House the following communication from his Excellency the Governor : 22
170

170
Executive Department, >
Tallahassee, February 24th, 1845. \
Gentlemen of the Senate and House of Representatives:
I have the honor to lay before you the accompanjdng letter from the President of the Union Bank of Florida. If any thing be wanting to stimulate your action in relation to the protection of the prop, erty mortgaged to secure the payment of the Faith Bonds, the astounding facte stated in this letter cannot fail to produce that effect. While I do not vouch for their accuracy, I nevertheless feel it to be my imperious duty to recommend a thorough investigation into the allegations set forth; -and if found to be true, the most effective legislation, to prevent the recurrence of similar cases, is earnestly invoked.
I have the honor to be, your obedient servant,
JN. BRANCH.
Which was read, and with the communication from the President of the Union Bank to the Governor, referred to the Committee on Corporations.
A bill entitled, an act to authorize Nathaniel Roberts to establish a Ferry across the Oclocknee River ; Was read, and the further consideration thereof postponed until to-morrow.
A bill to be entitled, an act for the relief of Crawford Sprowl;
Was read the second time, rule waived, read the third time, and
on the passage of the bill, the yeas and nays being called for byMpssrs. Bush and Crichton, were as follows:
Yeas—Messrs. Allison, Baldwin, Brown, Chapman, Cromartie,De la Rua, Goff, Hart, Heir, Ivey, McClellan, Patterson, Philips, Randolph, Speer, Spencer, Taylor, Turner and Wilkison—19.
Nays—Mr. Speaker, Messrs. Bush, Crichton, Haddock, Loring, Mays and Sanchez—7.
So the bill passed, with the title as stated.
The Secretary transmitted, by the Assistant Clerk, the following
message to his Excellency the Governor :
House of Representatives, ?
Tallahassee, 24th February, 1845. $
To his Excellency John Branch,
Governor of Florida :
Sir: The following bills and resolutions have been passed and adopted by the House and Senate. I now have the honor to forward them to you for your consideration, viz:
1.
An Act to legalize the elections of Mosquito now Orange county.

2.
Resolutions relative to the appointment ofa Custom-house officer for Jupiter and Indian River Bar.

3.
An Act to divorce Agnes Bell from her husband, Joseph G. Bell, and to change the name of the said Agnes Bell to that of Agnes Woolf.

4.
A bill to be entitled, An Act to provide for the erection of a publicjail and premises, in the county ofMonroe.

5.
A bill to be entitled, An Act to authorize John Shiefler to establish a ferry across the south prong of Black Creek, about half a mile above its mouth.

6.
An act to organize the Centreville Grays.

7.
Resolutions relative to obstructions in Santafee River.

8.
An Act to change the time of holding the Superior Courts for the counties of St. Johns, Mosquito, and St.'Lucie, in the Eastern District of Florida.

9.
A bill to alter the line between Orange County and St. Lucie.

10.
An Act to establish the County Site of Hillsborough county.

11.
An Act to amend an act to organize the Monroe CountySchool.

12.
Resolutions asking of Congress for an application of an appropriation, previously made, for connecting the waters ofIndian River and Mosquito Lagoon.

13.
A bill to authorize John Gaskins to establish a ferry across Yellow River.

14.
An Act to authorize Lewis Miller, sr., to establish a ferry across Holmes’ Creek.

15.
Resolutions respecting the navigation of St. Marks River.

16.
An Act to authorize Alexander McAlpin to establish a ferry across the Chipola River.

17.
Resolutions asking Congress for an appropriation to remove obstructions in Yellow River.


171


18-Resolutions relative to the erection of a Light House on Egmont Key.
19.
Resolutions for a road from Sopchoppe to Apalachicola.

20.
Resolutions asking of Congress an appropriation for the building of a bridge across the Hillsborough River.

21.
An Act to authorize Alexander Clark to establish a ferry a


cross the Chipola River. Very respectfully, your obedient servant,
H. ARCHER, Sec’y. Ho. Reps. The House took a recess until 3£ o’clock, P. M.
HALF-PAST THREE O’CLOCK.
Abill to beentitled,AnAct forthereliefofJohn M. Hanson;
Was read a second time and ordered to be engrossed for to-morrow.
A bill entitled, An Act concerning Replevin ;
Was read the second time and ordered for to-morrow.
A bill entitled, An Act in relation to Garnashee and Garnashee process; Was read the second time and ordered for to-morrow. Preamble and resolutions relative to the building of a Court-house
in Hillsborough county;
Were read the third time and adopted. Ordered that the same be certified to the Senate.
A bill entitled, An Act to change the time of holding the SuperiorCourts in the Eastern District of Florida ;
172


Was read the second time, amended on motion of Mr. Child, bystriking out “ Fort King,” and inserting “Marion Court-house” in lieu thereof and ordered to be engrossed for to-morrow.
Resolutions relative to an alteration of the Organic Law, so as to give the Superior Courts jurisdiction of civil actions of the value of fifty dollars;
Were read the third time and postponed until’to-morrow.
A bill entitled, An Act to amend the revenue laws of the Territory,
Came up on its second reading, and was postponed until to-mor
row, and made the special order for that day.A bill entitled, An Act to annex a part of Jackson county to Calhoun county; Was read a second time, rule waived, read a third time and passed, with the title as stated. A bill entitled, An Act to organize a new countj to be called Claycounty ; Was taken’ up on its second reading, and postponed until to-morrow. Preamble and resolutions relative to a change of the dividing line
between the Eastern and Southern Judicial and Senatorial Districts;
Came up on their reading, and were postponed until to-morrow.
Preamble and resolutions relative to the County of Walton ;
Were-read a second time, and postponed until to-morrow.
A bill to be entitled, an act to amend an act relative to Roads and Highways in Nassau County, approved 14 March, 1844;
Was read the second time, and ordered for to-morrow.
A bill to be entitled, an act to prescribe the mode of punishment for certain offences at Key West, in the Southern Judicial District, was read a second time. Mr. Spencer moved to amend the bill by adding the following as an additional section to the bill, viz :
Sec. 3. Be itfurther enacted, That the provisions of this act shall be extended to criminal offences of like nature as hereinbefore mentioned, which shall be tried in the city of Apalachicola, in the Apalachicola Judicial District of said Territory, to all intents,and purposes as if said city had been named herein, instead of said city of Key West.
Which amendment was adopted, and the bill, as amended, ordered to be engrossed for to-morrow.
An engrossed bill entitled, an act relating to Executions;
Was read the third time, and postponed until to-morrow.
The House adjourned until to-morrow, 10 o’clock.
Wednesday, February 26, 1845.
The House met pursuant to adjournment, and a quorum being present, the journal ofyesterday’s proceedings was read.
173


Pursuant to previous notice given, Mr. Crichton introduced the following bill:
An act in relation to roads and highways in Duval county ;
Which was read the first time, rule waived, read the second time and ordered for to-morrow.
Mr. Heir, on leave granted, offered the following bill:
A bill to be entitled an act to amend the laws respecting crimes and misdemeanors;
Which was read the first time, rule waived, and the bill read the second time. Mr. Ferguson moved to strike out the second section. Messrs. Heir and Baldwin called for the yeas and nays on said
motion, which were :
Yeas—Mr. Speaker, Messrs. Allison, Crichton, Cromartie, Ferguson, Goff, Haddock, Hart, Ivey, Long, Mays, McClellan, Philips, Rogers, Speer, Wilkison—16.
Nays—Messrs. Baldwin, Brown, Bush, Chapman, De la Rua, Heir, Loring, Porter, Sanchez, Taylor, Turner—11. So the motion prevailed, and the bill as amended, ordered to be engrossed for to-morrow.
Mr. Ferguson gave notice of his intention to ask leave on tomorrow, to introduce a bill to be entitled, an act to admit copies of Deeds and other instruments of writing to be given in evidence in Courts in this Territory.
Mr. De la Rua offered the following resolution :
Resolved, That this Legislature do adjourn sinedie,bothHousescon
curring in the same—on Monday the third day of March next;
Which was read and postponed until the third day of March next.
Mr. De la Rua from the committee on Engrossed Bills made the following report: The Committee on Engrossed bills report as correctly engrossed: A bill to be entitled, an Act respecting the property of, and debts
due to corporations that have been dissolved, and of debts owing bythem. Also, A bill be be entitled, an Act for the relief of John M. Hanson. Also, A bill to be entitled, an Act to amend the Chapter entitled Election, approved 15th March, 1843. Also, A bill to be entitled, an Act to authorize Stanislaus Glenski,
to establish a ferry across the St. Johns River, at Pilatka.
Also, A bill entitled, an Act respecting bank notes or bills.
Also, A bill entitled, an Act respecting corporations.
F. E. DE LA RUA.
Chairman Committee Engrossed Bills.
Which was received.
On motion of Mr. Cromartie a Bill entitled, an Act to amend the
law, approved March 15,1844, to incorporate the inhabitants ofthe
different Townships of this Territory, was taken from the table and
placed among the orders ofthe day.
On motion of Mr. Baldwin, a bill entitled an act to provide against
174


a fraudulent and depreciated currency, was taken from the table and placed among the orders ofthe day. On motion ofMr. Bush, a bill entitled, An act to repeal the char,
ter of the Bank of Florida, was placed first among the orders for to. .day. -Mr. Ferguson, from the Judiciary Committee, reported back the
following bills without amendment, viz: A bill from the Senate entitled, an Act in relation to the limitation of actions, and for other purposes.Also, A bill entitled, an Act establishing a tariff offees, passed 15 March, 1844, and for other purposes.Also, Abillentitled, anActregulating themode ofproceeding on attachments.
Mr. Ferguson, from the Committee on the Judiciary, to whom had been referred a bill entitled, an Act to provide for the Teste of Writs, and other purposes, reported unfavorable to the objects ofsaid bill.
Which reports were received, and the bills placed among the orders ofthe day.His Excellency the Governor transmitted to the House the following message :
Executive Depahtment, i
Tallahassee, February, 26th 1845. )
Gentlemen oftJie Senate and House ofRepresentatives :
I hereby nominate the following persons for the counties hereinaf. ter mentioned:
For Columbia County—Joseph Prevatt, and Elisha Green, Justices of the Peace; John L. Turner, John W. Lowe and George H. Smith, Auctioneers.
For Franklin County—William Valleau, Seth P. Lewis, Thomas Orman, David G. Raney, Benite T. Caro, Justices of the Peace ; Robert Myers, Auctioneer.
For Hillsborough County—John B. Allen, M. C. Brown, and William Ashley, Port Wardens for Tampa.For St. Johns County—Elias B. Gould, Judge of the CountyCourt. For Calhoun County—John M. Hansford, Judge of the CountyCourt.
For Duval County—Kingsley B. Gibbs, Moses Prestcott, Amazia Coy, Abraham Bessent, Archibald Collins and Solomon Morgan, Justices of the Peace; Kinsley B Gibbs, Auctioneer and NotaryPublic.
I have the honor to be, Your obedient servant, JNO. BRANCH. Which was read, and the nominations made, advised and consented to, except those for Franklin and Duval counties; Which were-postponed.
175


Mr. Baldwin from a Select Committee, made the following report :
The select committee appointed to examine into the condition of the Books, &c., ofthe Auditor and Treasurer ofthe Territory, begleave to REPORT:
That they have performed that duty, and they can bear testimony to the proper condition of the boohs kept by the Treasurer. They cannot find any cause of complaint against that officer on this ground. As to the books of the Auditor, your committee regret to state that they are so loosely kept as scarcely to be understood by any one.
Your committee are satisfied that the report made by the Auditor, as to the indebtedness ofthe Territory, is erroneous, and they believe it is but the effect of the miserable condition of said books.
They cannot but express their dissatisfaction with the manner in which the business of these departments have been conducted, and more particularly with the manner in which the public money has been disbursed. Your committee annex hereto a statement of the condition of the Treasury since the last annual report of the Treasurer, dated 10th December, 1844, to the Executive. This statement will show the amount of money and warrants received since 16th December, 1844, to the 19th instant to be
§2,717 25
Add to this the balance of funds in the Treasury on the 16th December, say 439 12 Notes Bank Florida, 100 00---------3,256 37 The amount disbursed out during the
same period, 2,815 52
Leaving a balance in the Treasury §440 85
Of which are notes of the Union Bank, 439 12
Par funds, 1 73 ---------440 85
Your committee call the attention of the House to the annexed statement as well as the annual report of the Treasurer, which will disclose the practice of favoritism and partiality which has been carried on by these officers, to show that the censure of them is not undeserved. South Florida, it will be seen, has paid into the Treasuryher full proportion 'of, if not more than, her quota of taxes, and that in specie; yet it will b.e hard to cast the eye upon more than §3 64 paid to any of her citizens since 1843, although we are fully aware applications have been made to the Treasury, but without success. Your committee also annex a statement showing to whom ihe moneyhas been paid, which has been received since the 8th inst. It will be seen by this statement that the money has been entirely distributed among the citizens of Tallahassee and its vicinity, to the exclusion of all others. They regard this practice as not only prejudicial to those in distant parts of the Territory, but also as a flagrant injustice to those who have to bear the burthens of taxation. The Treasurer and other officers for whom the Treasurer may feel a particular friendship, are alone benefitted ; the applications of those with whom he does not sympathise are entirely disregarded.
176


Tour committee do not consider it necessary at this time to recommend measures for the correction of this evil, because it is anticipated that Florida will shortly be organised as a State. The Legislature of the State will have ample power and authority, if these evils continue to exist, to pursue such course as will effectually put an end to them.
All which is respectfully submitted. February 25,1845. JNO. P. BALDWIN, Chairman.
CR.
PAID AUDITOR’S WARRAirr. DATE* TO WHOM PAm.
James Barry, Jan’y, 1845. Unknown. $ 57 87
(1
Daniel McRaeney, Nov’r, 1844, 50 00
te
James Barry, Dec’r, 1842. 18 00
u
George Monroe, Jan’y, 1845. 12 00 Thomas BaltzeU, Feb’y, 1844 2 61
D. Huger, Dec’r, 1842. J C. Hall, 3 45 Rail Road Company, “ 1844. George K Walker, 162 00 George Baltzell, Jan’y, 1845. Unknown, 26 90
M. Jones, NovT, 1844. M. Jones, 12 00
J. H. Hawkins, June, 1843. Unknown, 100 00 Thomas M. White, Feb’y, 1841 tt 40 50
D. Pittman, Jan’y, 1644 D. Pittman, 107 25
J. W. Poindexter, Dec’r, ------Unknown. 11 25 James Beeves, “ 1842. 12 72
tt
McElvy, Feb’y, 1843 17 30 John G Camp, Dec’r, 1344 133 26
J. W. Earnest, March, 1843. George Walker, 47 05
T. M. White, Jan’y, 1841. Unknown, 20 00 Joseph S Sanchez, June, 1844. rec. pay’t. Auc. T., E. F. 46 25 William Anderson, Octo’r, 1844. Unknown, 7 30
«(
F B Whiting, June, 1844. 17 90 John Miller, Nov’r, 1844 John Miller, 128 11 Peter Condelay, May, 1842. Peter Condelay, 4 92 ThomasH. Austin, April, 1842 Henry L. Rutgers, 54 53 John.Manning, Dec’r, 1344. John Manning, 47 62 Wm H Branch, Jan’y, 1845. R. W. Williams, 200 00 John Miller, Feb’y, 1845. John Miller, 75 00
(t tt
John Miller, John Miller, 16 02 John Miller, Dec’r, 1841. John Miller, 800 00 Henry L Rutgers, Feb’y, 1845. H L. Rutgers, 50 00
Henry L. Rutgers, 4 62 N-P. Bemis, Dec’r, 1643. N P. Bemis, 70 93
R. Jenkins, April, “ tt 7 76 (t ft
P. H. Swaim, 9 42
“ receipt, 13 89 G W Call, May, 1844 G. W. Call, 50 00 Wm. H. Eranch, Jan’y, 1845. W. H. Branch, 124 33
C. E Bartlett, Houston, 50 00
S. S Sibley, Feb’y, 1845. Sibley, 44 50 George Willis, March, 1840. Unknown, 31 81 Geo. W. Macrae, Jan’y, 1845. Geo. W. Macrae, 3 64 Wm D. Mosely, Adm’r. Dec’r, 1842 W. D. Moseley, 107 40
$2815 52 Balance. 440 85
$3256 37
177


Description of funds on hand— Union Bank of Florida Notes, $439 12 Par Funds, 1 73
$440 85
DR.
Notes of Union Bank of Florida, $439 12 “ “ Bank of Florida, 100 00 530 12 Dec. 17,1844—Received of F B Whiting, Auctioneer, 77 03 “ R D. Fontane, 46 25
Jan. 1845— “ Clark, 7 60“ Kennedy, 29 2b “ • Monroe, 1 89 “ Hunt, Key West, 13 06
. “ Holgerson, 98 “ Weaver, Key West, 56 74 “ Shepard, 26 90 “ Crane, 4 72
Feb. 8, 1845— “ Wall, Key West, 681 94
“ 17, “ “ Quigles, 45 “ Gonzales, 11 05 “ Patterson, Key West, 342 98 “ Brown, “ “ 533 03“ Porter, ““ 78“ Benner, “ “ 2 98 “ Wadlington“ '• 5 56
1843 20
Dec. 1S44—Marshal Beard, Fines and Forfeitures, 7 50 “ Camp, “ “ 291 68 Pittman, Tax Collector, 140 70 Jan. 1845— “ Myers, Fines and Forfeitures, 40 50 Barry, Tax Collector, 305 21 Feb. “ Escheats from Hillsborough County,, 88 40
-r874 05
$3256 37
Synopsis of Money paid out since 8th February, 1845.
To John Miller, Auditor, $770 91 Wm. H. Branch, Secretary Governor, 333 33 Henry L Rutgers,Treasurer, 109 20
Manning, 47 62 N P. Bemis; on account of war’s, issued to others, 102 00 Geo Call, 50 00 C. E. Bartlett, 50 00
Willis, 37 87 S. S Sibley, 44 50 Geo. W Macrae, 3 64
W. D. Moseley, Adm’r of Parkhill’s estate, 107 40
$1656 47
Which, report was received and the documents accompanying the same, ordered to to be spread upon the Journals. Mr. Ferguson, from a Joint Select Committee, made the following report: 23
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The Joint Select Committee, to which was referred the Governor's communication in relation to the correspondence of the British and Foreign Anti-Slavery Society with Jonathan Walker, with the accompanying papers, beg leave to report:
That they regard the right of defining crimes and passing laws to prevent or punish such crimes as amongst the clearest and most valuable rights of a free people, and the interference of foreignStates with the exercise of that right, as insulting arid unwarrantable, and that it should be repelled promptly and indignantly.
This principle, so undeniable in the abstract, acquires additional interest and importance from the circumstances of the particular 5 ease to which the duty of the Committee has directed its attention. It can no longer be denied that systematic and powerful influences are at work throughout a large portion of Europe and many parts of our own country, the direct tendency of which is to impair our rights of property, and to involve ourselves and the unconscious objects of this false philanthropy in one common ruin. A vicious fanaticism, clothed in the garb of religion, is prowling around our borders, and by means of its more reckless and abandoned instruments, invading our inmost sanctuaries, whose direct purposes, scarcely concealed, are to deluge our very hearth-stones in blood and to rear an altar to its false principles upon the ruin of all that is precious to us as freeman and dear to us as men.
The most sanguine and forbearing amongst us must long since have been painfully convinced of the existence of this unfriendlyfeeling towards us among some of our own countrymen ; and the public mind throughout the whole of the Southern States has been loused to a state of distrust and watchfulness, which augurs ill for that harmony which is becoming between members of the same great family. The South has no cause for self-reproach, growing out of this feeling of estrangement. Their position has been eminently that of self-defence; and they are prompted to maintain that position by every consideration of duty and of self-interest. They would be recreant to themselves and unworthy of the rank which they hold among the nations, if they were to falter in the assertion of their rights and in their resistance to this foul injustice.
In the unhappy dissensions which have grown up between our selves and our countrymen of the North there are, however, considerations prompting us to still longer forbearance. It is not easy to forget that we are brothers, enjoying the same great heritage of liberty which was purchased by the blood of our common sires. We are reluctant to let go our confidence in the returning sense of justice of those who are bound to us by such endearing ties, and we will not willingly dissever from our soil, the blood-honored fields of Lexington, of Bunker Hill and of Saratoga—we will “ suffer longand be kind ”—will bear many things, hope many things, and endure many things. And we do this the more readily because there is no hesitation amongst us as to the limits of this endurance.— Among the millions of bosoms that are throbbing under a sense of the injury and outrage which have been so wantonly in
179

•
dieted upon us, by our northern brethren, though there are manythat plead for longer forbearance and forgiveness, there is probably not one 'that does not feel that there is a point beyond which forbearance would be rum and dishonor—there is not one that would not unhesitatingly fling to the winds all the cherished recollections of the past, and all the exulting hopes of the future, rather than bow-down in slavish abasement to the demands of those who seek to sacrifice us upon the shrine of their unholy fanaticism.
But the feelings which thus prompt us to forbearance under the injury done to us by the abolition incendiaries of the North, teach no such forbearance towards the foreign incendiaries who intermeddle with our domestic institutions,-and seek to interfere with the administration of our laws. We regard their false and intrusive philan.hropby with unmingled resentment, and it becomes us to resist at once, and in the most effectual manner, all their efforts to control us in our internal police. The committee regret that the only means which are within our reach to counteract their hostile designs, and to avert danger from ourselves, consist of increased penalties for the violation of our laws, and in stricter police arrangements in regard to the negro population. It is to be regretted that the punishment for such flagrant crimes should fall rather upon the less responsible agent, who is induced by a desire of gain or by an ignorant fanaticism to come among us on his unholy crusade, than on the more wicked and intelligent felon, who plots his cowardly schemes of mischief in the security of a foreign country, and still more is it to be regretted that we are constrained, in self-defence, to cut off some of those indulgencies to our Slaves, which has made their situation hitherto one of happy contentedness.
But the responsibility is not with us Heavy is the accountability of the abolitionist, both in Europe and at the North, .not so much for the happiness and harmony of a great nation which he has disturbed and perilled by his ignorant and wicked intermedlingwith affairs of which he knows hut little, as for the new burdens which he has imposed upon the slave, and the new obstacles which he has interposed to the gradual amelioration and improvement of his condition.
Self protection is the primary law, and we shall stand justified in the eyes of God and of man, in defending ourselves from unjust aggressions, though the means of safety may bring punishment and suffering where it is not most deserved.
The crime of negro stealing has heretofore been punished by our laws with exceeding leniency, and in the very striking case to which the attention of the Committee is now directed, where the offence was flagrant, and the evidence conclusive, the punishment of the guilty man was so slight, as to prove that heretofore, in punishingthis crime, we have not in any degree been moved by undue resentment. Henceforwaid we are compelled to regard negro stealing, by the instruments of the abolitionists, as a crime of a different character. It is no longer a mere larceny, but a species of treason against the State—a direct assault upon the very existence of our
180


institutions. The negro stealer, too, is now armed with new powers—he is upheld, encouraged, aided, and almost canonized, by men in high places, whose commendation and sympathy inspire new vigor and fresh perseverance. The thief is taught to regard himself as an agent in the hand of providence, and he encounters danger with the spirit of a martyr. Slight punishments will not deter him from renewed offences, for he is taught to believe that his sufferingsexcite the sympathies and bring down upon his head the blessings andthe prayers of the Christian world.
In obedience, then, to the rule which requires that the punishment of an offence, should be commensurate with the difficulty of prevent, ing it, as well as its enormity, the Committee feel constrained to recommend that the crime of negro stealing and of aiding and abetting negro stealing, be made punishable hereafter by death. They make this recommendation, not lightly, but with a deep and impiessive sense of the responsibility which they assume—but they feel that the responsibility in its heaviest extent, rests elsewhere. They believe that such a law is necessary to the safety of the country in the new aspect in which this crime must now be regarded ; and if blood be the penalty which the negro stealer has to pay for his crime, it will be upon the skirts of those whose incitements and applause have driven him to his doom.
As there is a bill now before the Senate making negro,stealingpunishable with death, the committee content themselves on this head with earnestly recommending its enactment into a law'.
Some of the circumstances developed in this case of Jonathan Walker, have satisfied the committee that there are evil disposed persons amongst us, who permit themselves to be made channels of intercourse between the convicted felons in our prisons and their accomplices abroad, and in other ways lend their aid to the dissemination of unsound and dangerous doctrines on the subject of slavery.— Towards such offenders, the law should be unsparing in its penalties. To punish such of this class as are found amongst us with sufficient severity, and exclude those who may be officiously intruded upon us, its most solemn sanctions should be invoked; but the committee apprehend that while we remain in a Territorial Government some embarrassment might arise in the enforcement of police laws adequate in their rigour to the suppression of the mischief; and as we are about to assume, under the blessing of God, the privileges and the powers ofa free sovereign State, the committee recommend that this subject, together with that of new police regulations, with regard to the slaves tbemselyes, be postponed till the meeting of the first General Assembly of the State of Florida, and they earnestly invoke its serious attention to the whole subject in all its relafions and hearings.
The committee having considered all the subjects referred to them, beg to be discharged from their further consideration. WALKER ANDERSON,Chairman of the Senate Committee.
I. FERGUSON, Jr., Chairman of the House Committee.
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Which was received. The Senate transmitted to the House the following message : Senate Chamber, February 25, 1845.
Hon. Speaker ofthe House ofRepresentatives:
Sir : The Senate has passed the bill from the House to be entitled an Act to authorize Malinda Folsom, administratrix, &c., to sell certain real estate, with the following amendment (see appendage to the bill) to be added as a proviso to the first section. To which they ask the concurrence ofthe House.
â– Your obedient servant, THOS. F. KING. Secretary Senate. Which was received, the amendments of the Senate to said bill
considered, and the concurrence of the House refused. Ordered that the same be certified to the Senate. The Senate returned to the House a bill entitled, an Act to fix the
time for holding the Spring Term of the Superior Court of Walton County, which had been passed by that body without amendment. The House received from the Senate a bill entitled, an Act to divorce James N. Myres ; Which was read the first time, and ordered for to-morrow.
ORDERS OF THE DAY.
A bill entitled, an Act to repeal the charter ofthe Bank ofFlorida was taken up, and the House in Committee of the Whole, Mr. Ferguson in the chair, went into the consideration of said bill. After some time the committee rose, and by their chairman reported the same to the House amended.
Which report was received, the amendments concurred in, the rule waived, read a third time. On the passage of the bill, the yeas and nays were called for byMessrs. Heir and Patterson, and were as follows :
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Bush, Chapman,Cromartie, De la Rua, Ferguson, Haddock, Hart, Heir, Ivey, Long,Loring, Mays, McClellan, Patterson, Philips, Randolph, Rogers, Sanchez, Spencer, Turner, Wilkison—24.
Nays—Mr. Brown—1.
So the bill passed, with the title as Stated.
A bill from the Senate entitled, an Act to amend the revenue laws
ofthis Teritory, madethe special orderforto-day, wastakenu[iand
postponed until to-morrow.
A bill entitled, an Act to reduce the tax on Billiard Tables ;
Was read a third time, and on the question of the passage of the
bill, the yeas and nays were called for by Messrs. Mays and McClel
lan, and were :
Yeas—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Chapman,
Ferguson, Heir, Philips, Sanchez, Spencer, Turner and Wilkison


—12.
Nays—Messrs. Allison, Cromartie, Haddock, Long, Mays, McClellan, Randolph, Rogers—8.
182

182
So the bill passed with the title as stated. A bill entitled, an Act to amend an act relating to crimes and misdemeanors, came up on its third reading. Onthe question ofthe passage ofthe bill the yeas and nays were called for, by Messrs. McClellan and Chapman, and were :
Teas—Mr. Speaker, Messrs. Baldwin, Bush, Cromartie, Fergu. son, Long, Loring, Mays, Porter, Rogers, Sanchez, Spencer, Taylor. Wilkison—14.
Nays—Messrs. Allison, Brown, Chapman, Crichton, Haddock, Ivey, McClellan, Philips, Randolph, Turner—10.
So the bill,passed with the title as stated.
A bill entitled, an Act to authorize Henry E. Perviance, to establish a ferry on the Suwannee river; Was read the third time and passed with the title as stated. On motion leave was granted to such members as were absent
when the vote was taken on the passage of a bill entitled, an Act to reduce the Tax on Billiard Tables, to record their votes on the passage ofsaid bill. The following vote was recorded, viz:
Yeas—Messrs. Ivey, Loring and Porter—3.
Nays—Messrs. Crichton, Goff and Taylor—3.
The House adjourned until to-morrow 10 o’clock.
Thursday, 27th February, 1845.
The House met pursuant to adjournment, and a quorum being present the Journal of yesterday’s proceedings was read. Mr. Philips gave notice of his intention, on to-morrow, to introduce the following bills, viz:
A bill to be entitled, an'act to amend an act to amend the several acts now in force concerning Executions, approved February 8th, 1838.
Also, a bill to be entitled, an act in addition to the several acts now in force relative to Justices of the Peace. Pursuant to previous notice given, Mr. Ferguson introduced the following bill, viz:
A bill to be entitled, an act to admit copies of deeds and other instruments of writing to be given in evidence in the Courts in this Territory. •
Which was read the first time, and ordered for to-morrow. Mr. Brown presented a memorial of the Trustees of Leon Female Academy, praying to be incorporated. Which was read, and referred to a select committee to consist of Messrs. Brown, Randolph and Cromartie.
Mr. Crichton, from the Committee on Claims, to which was referred a message from the Governor, inclosing a communication from the President of the Union Bank of Florida, returned the same to the House, and asked to be discharged from the further consideration thereof.
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Which report was received, and the papers referred to the com
mittee on the state of the Territory.Mr. Philips, from a select committee, made the following report: The select committee to which was referred the petition of Michael
Peterson, praying a divorce from his wife, Mary Peterson,
REPORT:
That they have had the same under consideration, and from an accurate examination of all the circumstances in the case, are of opinion that the prayer of the petitioner ought to be granted; and therefore your committee report a bill for that purpose.
H. H. PHILIPS, Chairman Select Committee.
Which was received, and the bill reported, viz : a bill to be entitled, an act to divorce Michael Peterson from his wife, Mary, placed among the orders.
Mr. He la Rua, from the Committee on Engrossed Bills, made the following report:
The Committee on Engrossed Bills, report as correctly engrossed:
A bill to be entitled, an act to authorize the C-ounty of Santa Rosa
to raise a County Revenue. Also, a bill to be entitled, an act to amend the laws respectingcrimes and misdemeanors.
Also, a bill to be entitled, an act to prescribe the mode of punishment for certain offences at Key West, in the Southern Judicial District. F. E. DE LA RUA,
Chairman Committee Engrossed Bills.
Which was received.
The following message was received from the Senate :
Senate Chambeb, Feb. 27,1845.
Hon. Speaker of the House of Representatives :
Sin—The Senate has passed the bill from the House to be entitled, An Act to protect and secure the citizens of Florida in the free and undisturbed lawful use of the Hillsborough River, with the following amendments—strike out the words by “ legal process” in the sixth line. Strike out the title, and insert the following. (See appendage to the bill.) To which they ask the concurrence of the House.
Also, a bill from the House to be entitled, An Act to araqnd the
several acts relating to Depositions, with the following amendment,
(see appendage to the bill,) to be made an additional section. To
which they ask the concurrence of the House.
Your obedient servant,
THO’S. F. KING, Sec’y. of the Senate.
Which was read, and the amendments of the Senate concurred in
by the House.
The Senate returned to the House a bill entitled, an act to au
thorize David L. Palmer to build a Bridge, with flood-gate and dike,
across St.PabloGreek, onthe St.John’sRiver;
Passed by the Senate without amendment.
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The House received from the Senate a joint resolution orderingthe printing of five hundred copies of the report of the joint select committee in the case of Jonathan Walker and the accompanyingdocuments.
Which resolution Was adopted, and ordered to he certified to the Senate.
ORDERS OF THE DAY.
A bill entitled, an act to amend the several acts now in force in relation to the proceedings in Chancery ;
Was taken up, and postponed until to-morrow.
Preamble and resolutions relative to the erection of a Light House at or near New Smyrna 5 Was read the third time and adopted. Preamble and resolutions asking an appropriation of Congress of a quarter section of land for Washington County;
Were read the third time and adopted.
A bill from the Senate, entitled, an act to reduce the expenditureof the Government, provide for the election of Auditor, and for other purposes $ Came up on its third reading, and passed, as amended. Title as stated. A bill entitled, an act in addition to an act in relation to liens created by Judgments, came up on its third reading.
TheHouse, on motionof Mr. Bush,resolved itselfincommittee of the whole, Mr. Brown in the Chair, on said bill. After some time the committee rose, reported progress, and asked leave to sit again.
Which report was received.
Preamble and resolutions asking a quarter section of land for Marion County; Were read the third time and adopted. A bill entitled, an act to exempt Homesteads from attachment, ex
ecution and distress, came up on its second reading.Mr. Chapman moved lb strike out the proviso to the bill, which provided as follows:
“ Provided, the lands and improvements do not exceed the sum of three hundred dollars; said valuation to be madeby three freeholders of no kin to either party interested, to be selected by the officer making the levy.”
Which motion failed.
Mr. McClellan moved to strike out from the proviso the word “ three,” and insert “ two.” Which motion prevailed. Mr. Long moved to insert in the first section of the bill after the
words “ fee simple,” the following, “ and shall actually have in cultivation at least ten acres of the same.”
Which motion prevailed.
Mr. Ferguson moved that the bill be postponed indefinitely; upon
which motion the yeas and nays were called for by Messrs. Heir and Allison, and were:
185


Yeas—Mr. Speaker, Messrs. De la Rua, Ferguson, Haddock, Porter an'd Wilkison—6.
Nays—Messrs. Allison, Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, Goff, Heir, Hart, Ivey, Long, Loring, Mays,McClellan, Philips, Randolph, Spencer, Taylor and Turner—21.
So the motion to postpone indefinitely failed.
Mr. Baldwin offered the following as an amendment to the bill:
Also that the following property be exempted: That the boat and gun of every fisherman, pilot or resident upon any island or coast, or on any bay, harbor, or inlet of the Territory, and the boat and flat of any ferryman, when in either case, the same shall not exceed in value two hundred dollars.
Mr. Allison offered the following as an additional proviso to the bill, and as an amendment to the amendment:
Provided also, that, if upon such valuation, said land shall exceed $200, then and in that case, it shall he the duty of said appraiser to set apart a portion of said land, including the dwelling or residence thereon, in case the same shall not he, valued at more than $200 ; and if so, then they shall set a part any other portion of said land, which may be selected by the owner or owners thereof, not exceeding in value $200, which shall be exempted from sale, and reserved for the use of said family.
Mr. Heir moved to indefinitely postpone the amendments offered to the bill;
The chair decided the motion out of order.
Mr. Heir appealed from the decision of the chair.
Messrs. Baldwin and Heir called for the ayes and noes on the appeal, which were:
Yeas—Messrs. Allison, Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, De la Rua, Goff, Haddock, Hart, Ivey, Long,Loring, Mays, Philips, Randolph, Spencer, Turner, Wilkison—21.
Nays—Messrs. Ferguson, Heir, McClellan, and Sanchez—4.
So the House sustained the decision ofthe chair.
Mr. Ferguson moved that the bill be laid on the table, upon which Messrs. Heir and Bush called for the yeas and nays, which were :
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Crichton, De la Rua, Haddock, Loring, McClellan, Porter, Rogers, Spencer, Wilkison—12.
Nays—Messrs. Brown, Bush, Chapman, Child, Cromartie, Ferguson, Goff, Hart, Heir, Ivey, Long, Mays, Philips, Randolph, Sanchez, Taylor and Turner—17.
So the motion failed. Upon the question of Mr. Allison’s proposed amendment, the yeasand nays were called fer by Messrs. Allison and Long, and were :
Yeas—r-Mr. Speaker, Messrs. Allison, Baldwin, Brown, Chapman,Child, Crichton, Cromartie, De la Rna, Goff, Haddock, Hart, Loring,Philips, Randolph, Sanchez, Spencer, Turner—18.
Nays—Messrs. Bush, Ferguson, Ivey, Long, Mays, McClellan, Porter, Rogers, Wilkison—9. 24
185


So the amendment Was concurred in. On the question of adopting Mr. Baldwin’s proposed amendment, the yeas and nays were called for by Messrs. Baldwin and Haddock,and were:
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Bush, Child, Cro-martie, De la Rua, Haddock, Hart, Loring, Porter, Rogers, Sanchez,Spencer, Turner and Wilkison—Iff,
Nays—Messrs. Brown, Chapman, Crichton, Ivey, Long, Mays,McClellan, Philips, Randolph and Taylor—10,
So the amendment was adopted.
The House took a recess until S o’clock, P. M,
THREE o’clock, p. Mr
Mr. Long movedthefollowingamendment to theprovisotothebill,viz:
Provided also, that Ibis act shall in no case be construed so as to effect any debt, contract, claim or demand already in existence, but its operation shall be prospective only.
“Onthequestionofadoptingthe amendmentofMr. Long,the yeas and nays were called for by Messrs. Chapman and Long, which were: Yeas—Mr. Speaker, Messrs. Baldwin, De la Rua, Haddock, Long,Loring, McClellan, Patterson, Porter and Rogers—10.
Nays—'Messrs. Brown, Bush, Chapman, Crichton, Cromartie, Goff, Hart, Heir, Mays, Randolph, Sanchez, Speer and Taylor—13, So the amendment proposed was rejected. Mr. Baldwin offered the following amendment to the bill Be itfurther enacted, That so much of the second section of an
act exempting certain property from execution, approved 15th March, 1843, as conflicts with the provisions ofthis act, be and the same is hereby repealed.
Which amendment was lost. After which the bill under consideration was ordered to be engrossed for to-morrow. His Excellency the Governor transmitted the following message ;
Executive Department, )
Tallahassee, February 27, 1845. $
Gentlemen of the Senate and Home cf Representatives :
I hereby nominate the following persons for the counties herein mentioned : For St. Lucie County—Samuel H. Peck, Judge of the CountyCourt; Thomas Morrison, John Barker, James H. Jenkins, James
S. Grant, Justices of the Peace; Alfred Willis, Nathaniel F. Merrill, James S. Grant, Port Wardens; Reuben H. Pinkham, James Manahan, Auctioneers; E. L. Brayton, Notaiy Public.
For Walton County—James D. Clary, David Gurtman, William Gaskin, Neil McPherson, Alexander Turner, Justices of the Peace. For Orange County—William B. Fail, Judge of the CountyCourt.
187


For St. Johns County—Secundino Segui, Janies Keogh, Auctioneers.
For Duval County—Thomas O. Holmes, Notary Public.
For Hamilton County—Wiliam M. Hunter, Sr., James T. Stewart, James McDonald, John Pierson, Absalum S. Smith, Justices of the Peace.
For Jackson County—Jesse Kolb, John P. Myrick, John Davis,Isaac H. Stone, John Williams, Rufus Ballard, William Sims, Edward C. Bellamy, Justices of the Peace.
Ihave the honor to be,
Your obedient servant,
JN. BRANCH.
Which was read, and the nominations made by his Excellencyadvised and consented to, except the nomination of “ E. L. Bray-ton,” as Notary Public for St. Lucie County, which was laid on the table in consequence of there being a mistake in the name.
The Governor’s nominations for Franklin county were, on motion ofMr.Baldwin, taken fromthe table and,advised andconsented to.
A bill entitled,’An act to facilitate the organization ofthe State of Florida ;
Was taken up and postponed until to-morrow.
Preamble and resolutions applying for payment for the Washington county Volunteers; Were read the third time and adopted.A bill entitled, An act to amend an act relative to roads and highways in Nassau county.;
Was read a third time and passed. Title as stated.
Resolution relative to the St, Andrews and Chipola Canal and Rail Road Company;Was read the second time and ordered for to-morrow. Preamble and resolutions relative to the county of Walton; Came up on on its second reading, and was laid on the table. Preamble and resolutions relative to the dividing line between the Eastern and Southern Judicial and Senatorial Districts;
Were read the third time.
Mr. Baldwin moved to lay the resolutions on the table, and the ayes and noes were called for on said motion by Messrs. Hart and Baldwin, which were:
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Brown, Bush, Ferguson, Goff, Heir, Long, Loring, MeClellan, Patterson, Porter, Sanchez, Spencer, Taylor—16.
Nays—Messrs. Chapman, Child, Crichton, Cromartie, De laRua, Haddock, Hart, Ivey, Mays, Philips, Randolph, Rogers, Speer, Turner, Wilkison—15.
So the motion prevailed, and the resolutions were laid on the table. A bill entitled, an act relating to Executions, was read the third time; Messrs. Heir and Allison called for the yeas and nays on the passage of the bill, which were: Yeas—Messrs. Allison, Baldwin, Brown, Bush, Chapman, Child,
138
188

Crichton, Cromartie, Goff, Hart, Philips, Speer, Spencer, Taylor and Turner—15.
Nays—Mr. Speaker, Messrs. De la Rua, Ferguson, Haddock, Heir, Ivey, Long, Loring, Mays, McCleEan, Patterson, Porter, Randolph, Rogers, Sanchez andWilkison—16.
So the bill was rejected.
Preamble and resolutions asking an alteration in the Organic Law soastogive theSuperior Courtsjurisdiction incivilcases ofthevalue of fifty dollars, came up on their third reading.
On the question of their adoption the yeas and nays were called for by Messrs. Allison and Chapman, and were :
Yeas—Mr. Speaker, Messrs. Baldwin, Bush, Chapman, Crichton, Ferguson, Goff, Hart, Heir, Ivey, Long, Mays, Philips, Randolph,Rogers, Sanchez, Spencer and Turner—18.
Nays—Messrs. Allison, Brown, Child, Cromartie, De la Rua, Haddock, Loring, McClellan, Patterson, Porter, Speer, Taylor and Wilkison—13.
So the preamble anc[ resolutions were adopted, and ordered to be certified to the Senate.
A bill from the Senate, entitled, an act in relation to Garnishees and Garnishee process, came up on its third reading. The yeas and nays were called for on the passage of said bill by Messrs Chapmanand Baldwin, and were as follows :
Yeas—Mr. Speaker, Messrs. Baldwin, Bush, Child, De la Rua, Hart, Heir, Ivey, Long, Loring, Mays, Philips, Patterson, Rogers, Sanchez, Spencer and Wilkison—17.
Nays—Messrs. Allison, Brown, Chapman, Crichton, Cromartie. Goff Haddock, McClellan, Randolph and Taylor—10.
So the bill passed, with the title as stated.
The House adjourned until to-morrow, 10 o’clock.
Friday, February 28, 1845.
The House met pursuant to adjournment, and a quorum being present, thejournal ofyesterday’s proceedings was read. Mr. De la Rua, from the committee on engrossed bills, reported as correctly engrossed,A bill, entitled an act to amend an act providing for the change of venue in criminal cases ; Also, a bill entitled an act to change the time ofholding the Supe
rior Courts in the Eastern District ofFlorida. Mr. Chapman offered the following resolution : Resolved, That this Legislature do adjourn sine die, both Houses
concurring in the same, on Tuesday the 4th day ofMarch next.
On the question of the adoption of said resolution, the yeas and
nays were called for by Messrs. Haddock and De la Rua, and were :
Yeas—Mr. Speaker, Messrs. Bush, Chapman, Cromartie, Dp. la
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Rua, Haddock, Hart, Long, McClellan, Randolph, Rogers, Speer, Taylor, Turner and Wilkison—15.
Nays—Messrs. Allison, Baldwin, Brown, Child, Crichton, Ferguson, Heir, Ivey, Loring, Mays, Patterson, Philips, Porter, Sanchez, Spencer—15.
So the resolution was rejected. On motion of Mr. Mays, leave of absence was granted to Mr. Speer, after to day, for the balance ofthe session. On motion ofMr. Baldwin, leave of absence was granted to Mr. De la Rua, after Tuesday next, for the balance of the session. On motion of Mr. Loring, leave of absence was granted to Mr. Long, after Tuesday next, for the balance of the session. Onmotion ofMr. Heir,_leave ofabsence was granted to Mr.Taylor, after Monday next, for the balance of the session. Mr. Taylor, from the Committee on the Militia, made the following report:
The Committee on Militia, to which was referred so much of a “ Bill to be entitled An Act to amend the Election Laws of this Territory, so as to provide for the election by the people of Florida, of certain officers, allowed to be so elected by the acts of Congress, as relates to the militia:
REPORT:
That they have had the same under consideration, and after a due investigation of the provisions of said bill, are of opinion that they are not sufficient to carry out the intention of the bill, and to carryinto use and practice the privileges granted by Congress in the premises. —
Your Committee are fully aware of the many advantages the measure of electing a Major General and Brigadier Generals would be to the people of Florida, and feel seriously the importance of the subject—and though they cannot get that portion of the bill referred to them, into such a shape as to carry out the project properly, yetthey ardently desire that it may IP done, and have accordingly prepared a biJ, which, in their opinion, will suit the occasion and carry out the views, intended by the original bill referred to them, which they beg leave to present as a substitute for the original bill. All of which is respectfully submitted.
JOHN L. TAYLOR,
Chairman Committee on Militia.
Which was received, and the substitute for the original bill referred, viz: A bill entitled, an act to provide for the election of MajorGenerals and Brigadier Generals, of the militia of Florida ;
Which bill was read the first time, rule waived, read the second time, and on motion of Mr. Taylor, amended by inserting in the third Bection after the word “ Regiment,” the words “ and in case there is no Colonel, then to the officer next in command,” and ordered to be engrossed for to-morrow.
Mr. Ferguson, from the Committee on the Judiciary, to which had
been referred a bill entitled an act to amend an act giving a lien to
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Mechanics in certain cases, reported the bill to the House without a*
mendment ; Which bill was placed among the orders. Mr. Philips, from a select committee to which was referred a bill
to be entitled an act for the reliefof Timothy Wightman and others,reported the bill to the House without amendment; Which report was received, and the bill placed among the orders
of the day. Mr. Brown, from a select committee, made the following report: The Select Committee to whom was referred the memorial of the
Trustees of the Methodist Episcopal Church of Tallahassee, have had the same under consideration; and after the examination of witnesses, and having before them the Commissioner of the Tallahassee fund with the books of his office, which the Committee have exam* ed—beg leave to report the following, which appear to be the facts of the case:
About the year 1828, the lots in the north addition to the City of TaEahassee were sold on one, two, and three years payment, and notes taken for each separate payment, and a deed to the purchaserfor the lot, and a deed of trust from him to the Commissioner to secure the several payments. That Mr. Daniel Faust was the purchaser, among other lots, of lots Nos. 127,128, and 129. That he paid to the Commissioner the first payment. That about the year 1832, the Legislative Council passed an act, directing the Commissioner of the TaEahassee fund to turn over to John K. CampbeU, Esq., U.S. District Attorney for the Middle District of Florida, aU the notes that remained unpaid for the sale of lots in the north addition of the said City, with instructions to inforce their payment without delay. That in the list of lots so turned over to the District Attorney by the Commissioner, are to be seen the notes of Daniel Faust for the second and third payments on the said lots Nos. 127, 128, and 129, and it further appears thatMr. CampbeEinstituted suits in the superior and county courts on aE sums within their respective jurisdictions; and all sums within thejurisdiction of ajustices court were handed over to Thomas M. Bradford, Esq. a justice of the peace in the city of Tallahassee, for coEection. But it does not appear to your Committee, that any of the notes of Daniel Faust were among the notes sued for, or put in the hands of the justice for coEection. Nor were the notes of Daniel Faust found amongst the papers of Mr. Campbell after his death, or in the hands of any other person. But it does appear that Mr. Campbell made coEection of some of the notes turned over to him by the Commissioner, without suit, as he at sundry times paidmonies over to the Commissioner, before his death, and his Executor also paid other monies after his death, which he had collected on accountof theTallahassee fund,andthisinducesthebeliefontheminds cf the Committee that he coEected the notes of Faust for the second and third payments on lots Nos. 127,128, and 129, particularly as it appears in evidence to your Committee, that Mr. Faust was a thrifty man, and punctual in meeting his engagements, and from his havingsaid to his wife on a certain occasion, that he had just made the last
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payment on all his lots, and also from the fact of his having sold the said lot to Capt. William Maner, without informing him that any of the instalments were unpaid.
It further appears to your Committee, that Capt. Maner sold the said lots to the Trustees of the Methodist Episcopal Church, and after the erection of their church, it appears that there were judgmentsagainst Maner, prior to the sale to the Trustees, which bound the said lots, and that execution was about to be levied on them. Under these circumstances, the Commissioner suggested to the said Trustees that from the books of his office, it appeared that the first and second instalments on the said lots had not been paid, and that in truth the title was still in the Commissioner, which induced the Trustees to give the note from which they now ask to be relieved.
Your Committee believe, under all the circumstances, that the notes for the second and third instalments on the said lots were paid byDaniel Faust, the original purchaser, to John K. Campbell, Esq., and that the prayer of the memorialists is reasonable, and should be granted ; and accordingly your Committee beg leave to report the accompanying bill. All of which is respectfully submitted.
THO. BROWN, Chairman.
Which report was received, and the bill reported, viz : A bill entitled an act for the relief of the Trustees of the Methodist EpiscopalChurch of Tallahassee, was read the first time and ordered for tomorrow.
The House received from the Senate the following message :
Senate Chamber, Feb. 27, 1845.
Hon. Speaker of the House of Representatives:
Sir : The Senate has passed the bill from the House to be entitled,
An act to repeal the act entitled, An act to suspend the operation of
the revenue laws for the year 1840, and to provide for the settlement
of all arrears due to and from the Territorial Treasury, with the fol
lowing amendments : Strike out all after the enacting clause to the
bill, and insert the following—(see No. 1 appended to the bill.)
Strike out the title of the bill, and insert the following in its place
—(see No. 2 appended to the bill.) To which they ask the concur
rence of the House. Your ob’t. serv’t.
THOS. F. KING, Sec’y. Senate.
Which was read, and the amendments of the Senate to said bill
concurred in. Ordered that the same be certified to the Senate.
ORDERS OF THE DAY.
A bill to be entitled, An act in relation to roads and highways in
Duval County, was, on motion of Mr. Crichton, taken up, and the
House in committee ofthe whole, Mr. Crichton in the chair, went ’into the consideration of said bill. After some time the committee rose and reported the bill to the House as amended ; Which report was concurred in, the bill reported with amendments read the third time, the rules having been suspended, and pass
192


ed, with the title as follows: An Act in relation to Roads and Highways in Duval and Alachua counties. On motion of Mr. Goff a bill entitled, an act to change the time of holdingtheSuperior Courts in the Eastern District ofFlorida; Was taken up, read the third time and passed, with the title as stated.
A bill from the Senate entitled an act concerning Replevin ;
Was read the third time and laid on the table.
A bill entitled, an act to authorize Nathaniel Roberts to establish a ferry across the Ocklocknee River; Came up on its second reading, and was ordered to be engrossed for to-morrow. A bill to be entitled, an act to prescribe the mode ofpunishment forcertain offences at Key West, in the Southern Judicial District;
Was read the third time, and on the question of its passage, the yeas and nays were called for by Messrs. Chapman and Allison, and were :
Yeas—Mr. Speaker, Messrs. Baldwin, Brown, Child, Cromartie, Ferguson, Goff Hart, Ivey, Patterson, Spencer, Turner—12. Nays—Messrs. Allison, Bush, Chapman, Crichton, Heir, Long,McClellan, Philips, Randolph, Sanchez, Wilkison—11.
So the bill passed with the title as stated.
A bill entitled, an act to amend the laws respecting crimes and misdemeanors; Came up on its third reading.Mr. Heir moved that the vote of this House on Wednesday last,
striking oilt the second section of said bill as originally offered in the House, be reconsidered; which motion prevailed.
On motion, the House went into committee of the whole, Mr. Spencer in the chair, on said bill. After some consideration, the committee rose and reported the bill back to the House without amendment;
Which report was received, and the bill postponed until to-morrow.
The House took a recess until half-past 3 o’clock.
HALF-PAST 3 o’clock, P. M.
His Excellency the Governor transmitted to the House the following message :
Executive Department, ?
Tallahassee, February 28th, 1845. $ Gentlemen ofthe Senate and House of Representatives :
I have approved the following acts and resolutions of the Legislature, viz:
1.
An act to legalize the elections of Mosquito now Orange county.

2.
Resolutions relative to the appointment of a Custom House • officer for Jupiter and Indian River Bars.

3.
An act to authorize John Sheifler to establish a Ferry across the South prong of Black Creek, about half a mile above its mouth.

4.
An act to organize the Centreville Greys.

5.
Resolutions relative to obstructions in the Santa Fee River.

6.
An act to change the time-oi holding-the Superior Courts for the counties of St. John’s,-Mosquito and St. Lucie, in the Eastern District of Florida. *

7.
An act to alter the line between Orange County and«St. Lucie.

8.
An act to amend an act to organize the Monroe County School.

9.
Resolutions asking.Congress for an application of an,appropriation previously made for connecting the Waters of Indian River and Mosquito Lagoon.

10.
An act to authorize John Gaskins to establish a Ferry across Yellow River.


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11: An act to authorize Lewis Miller, Sen., to establish a Ferry across Holmes Creek. . â– 
12.
Resolutions respecting tho navigation of St. Marks River.

13.
An act to authorize Alexander McAlpin to establish a Ferry across the Chipola River. . «■

14.
Resolutions asking Congress for an appropriation to remove obstructions in Yellpw River. . â– 

15.
'Resolutions relative to the erection of a Light House on Egmont Key.

16.
Resolutions relative to a Road from Sopchopee to ApalachicolaBay. '

17.
Resolutions asking of Gongress an.appropriation for the building of a Bridge across the Hillsborough River.

18.
An act to authorize Alexander Clark to establish a Ferry across the Chipola River. '

19.
Resolutions-asking a tri-weekly, mail-between Chattahoochie and Apalachicola. I have the honor to be, your obedient servant,


JN. BRANCH. Which was read. His Excellency the Governor returned to the House a bill entitled;
“ An act to provide for the erection of a public jail and premises in the Gounty of Monroe,” with the following objections
Executive Department, > •
Tallahassee, February 28th, 1845. $
Gentlemen of the Senate and House of Representatives:
I regret that I cannot approve the bill entitled, “ An act to provide for the erection of a public Jail and premises in the county of Monroe,” inasmuch as the want of a common Jail, and m my opinion, a Penitentiary in the Territory, is very seriously Felt; and yet, such are the objections to this bill, that I am constiained, from a high sense of duty, to appeal to the “ sober second thought” of the Legislature.— First, because the bill, m some parts, is ambiguous, and not suffi
* ciently guarded, to secure the completion of the laudable object which the Legislature have in view. Secondly, because stern justice forbids it. Justihe to those to whom the Territory owes gome fifteen or sixteen thousand dollars, and for which no provision has been made, lays claim to this money, which the bill proposes to give to the county
25
194


of Monroe, to assist in building a jail for county purposes, an expense
â– which, every other county in the Territory has to incur and provide
.for, by the taxation of their respective citizens. a While, therefore, Territorial warrants are floating in our community at a discount of fifty or sixty percent., and whileno provision is made, or can be made, to perform the same liberal offices forother counties equally destitute of .common jails, I cannot believe that we should be acting wisely or justly to make the contemplated appropriation.
Again, what guarantee have we that the additional amountjof money,whichwillbprequired tobuild thejail,wjllberaisedbytaxes or any other way? No person can believe that two thousand dollars, inadditiontotheproceeds ofthesale oftheoldjail, willbesufficient for the completion of the new. In the event, then, of the failure to secure the additional means, what is to become of the two thousand dollars ? It must necessarily renjain in the pockets of individuals; and how long? Perhaps for years, at a loss of interest and risk of principal. In conclusion, I must be permitted to bring to the notice of the Legislature, and the citizens of Key West, the deep solicitude I hare always manifested for their protection both from foreign and domestic violence; and appeal to the unequivocal evidences I have given on former occasions (while occupying a position of irresponsibility to them) of this, my solicitude for their welfare, and the welfare of that portion'of the country with which their destiny is so indissolublyconnected. AndIamnowfranktoavow,thathadIthecontrol of the purse strings of the United States Treasury, I would bestow millions to accomplish the objects alluded to, which I deem so vitally connected with the future growth, security and gloiy of this Republic.
I have the honor to be,
Your obedient servant
JN. BRANCH.
Which was read, the bill taken up and the further consideration
thereof postponed until to-morrow.
The Senate returned to the House a bill entitled, An act to pre
scribe forms, to regulate proceedings before Justices of the Peace,
Coroners and other officers in the Teiritory of Florida, passed by the
Senate without amendment.
Also, a bill entitled an act to authorize George W. Thompson to establish a ferry across the Escambia River ; passed by the Senate without amendment.
ORDERS OF THE DAY—continued.
A bill entitled an act to authorise the county of Santa Rosa to
raise a county revenue ;
Was read the third time and passed, with the title as stated.
A bill to be entitled an act toorganise a new County to be called
Clay County;
Was read and laid on the table until Monday next.
A bill entitled an act to amend the law to incorporate the Inhabi
tants of the different Townships ofthis Territory ;
Was read the second time. '. Mr. Cromartie offered the following as an amendment": , Sec. 12. Be itfurther-enacted, That, notices of leasing shall
hereafter be given in three-ofthe most public places in the townships,and a period of only fifteen days be required, instead of the time heretofore prescribed ;
Which amendment was refused.
Mr. Goff offered the following as an additional section to the bill:
Sec. 12. Beitfurther enacted, That the yents, issues and profits of all school lands, shall be divided equally among all the counties within the Territory. Onthe question ofadoptingthe amendment proposed, theyeasand nays were called for by-Messrs. Allison and Chapman, and were •< Yeas—Messrs. Baldwin, Crichton, Goff, Haddock, Ivey, McClellan, Patterson, Philips, Porter, Speer and Wilkison—11.'
Nays—Mr. .Speaker, Messrs. Allison, Brown, Bush, Chapman,Child, Cromartie, De la Rua, Hart, Heir, Loring, Maysj Rogers, Sanchez, Spencer and Taylof—16.
So the amendment was rejected, and the bill-read a thiid time and passed, with the title as stated. ' > A bill entitled an act for the relief of John M. Hanson, came up on its third reading;
Mr. Jloir moved that the bill be laid on the table, on which motion Messrs. Loring and Heir demanded the yeas and nays, which weie :
Yeas—Messrs. Haddock, Heir, Ivey, McClellan, Porter and Sanchez—6. '
Nays—Mr. Speaker, Messrs. Allison, Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, De la Rua, Goff, Hart, Long,Loring, Mays, Patterson, Philips, Rogers, Speer," Spencer, Taylor, Turner—23.
So the motion was refused. Mr. McClellan called for the reading of the documents relating to the bill;
Objections being made, Mr. Loring moved that the reading of the documents be dispensed with, on which motion the yeas and nays were called for by Messrs. McClellan and Haddock, and were :
Yeas—Messrs. Allison, Baldwin, Brown, Bush, Crichton, De la Rua, Haddock, Heir Ivey, Long, Mays, McClellan, Patterson Philips, Porter and Sanchez—16.
Nays—Mr. Speaker, Messrs. Chapman, Child, Cromartie, Goff, Hart, Loring, Rogers, Speer, Spencer, Taylor, Turner and Wilkinson—13.
So the House decided ill favor of reading the documents. The Bill, on motion of Mr. Baldwin, was postponed until to-morrow, and made the special order for that day.A bill entitled, an Act to amend an act providing for'the change of Venue in Criminal cases;Was read the third time and passed: title as stated.
196
*
A bill entitled, an Act respecting the property qfj and debts due to
Corporations that havp been dissolved, and of debts owing by them;
Was read the third time and passed: title as stated.
A bill entitled, an Act to authorize Stanislaus Glinski to establish
aTprry across the St'. Johns river at -Pilatka;
Was read the third time and passed with the title as stated,
A bill entitled, an Act respecting bank notes or bills; r
Was read the third time and passed with the title as stated.
A bill entitled, ari'Act respecting Corporations ;
Was read the third time and. passed with the title as stated.
A bill entitled, an Act to amend the Chapter on Elections, ap.
proved 15th March, 1843 ; . T
* Was read the third time and passed with the title as stated. A bill entitled, an Act to provide against a fraudulent and deprecia
ted currency;
Was read the first time and ordered for to-morrow.
A bill entitled, an Act to amend the several acts in relation to
limitation of actions, and for other purposes;
Was read the third time and passed with the title as stated.
A bill to be entitled, an Act to provide for the Teste of Writs, and
other process; • Was read the second time and laid on,1 the table. The House adjourned until to-morrow 10 o’clock.
Saturday, 1st March, 1845.
The House met pursuant to adjournment, and a quorum being pre. sent, the Journal of yesterday’s proceedings was read. Mr. Porter asked and obtained leave to introduce the followingbill, (the rule having been waived,) viz : An Act to provide for bolding the County and Superior Courts in and for Calhoun county,Which was read the first time, rule waived, read the second and third times, and passed^. Title as stated.
Mr. Turner moved a reconsideration of file vote uf yesterday, by'which was passed “ An Act to prescribe the mode of punishment for certain offences at Key West in the Southern Judicial District,” that he may change his vote on said bill;
Which motion was refused. s Mr. Philips, pursuant to previous notice given, introduced the following bills,,viz:
An Act to amend an act entitled an act to amend the several nets now in force concerning Executions, approved 8th February, 1838 ; Also, An Act in addition to the several acts now in force relative
to Justices’ Courts; Which bills received their first reading, and were ordered for Monday next.
197


Mr. .De la Rua, from the Cpmmittee on Engrossed Bills, made the following report: ' ,
The Committee on Engrossed Bills, report as correctly engrossed:
A bill to bp entitled, An Act to provide for the election of a MajorGeneral, andfourBrigadierGenerals oftheMditiaofFlorida ; Also, a bill entitled, An Act to authorize Nathaniel Roberts to establish a ferry across.the Ocklocknee River ; Also, a bill entitled, An Act to exempt Homesteads from Execution, Attachment and Distress.
â–  , F.E.DELARUA,
Chairman Committee Engrossed Bills.
Which was read*.
Mr. Hpir, from the Committee on Corporations, made fhe following report:
The Committee on Banks and other Corporations, to which was referred so much of the Governor’s Message as relates to that subject, and also sundry resolutions qf the House on Jhe same subject,beg leave to REPORT:
That they have not deemed it expedient or rijecessaiy, if they had been enabled to make any very particular examination of the accounts of the Union Bank of Floridd, or of the Southern Life Insurance and Trust Company; the only two banking institutions nqw pretending to exercise corporatefuncfions within this Territory. The “ Batik of West Florida,” has long since been broken and is defunct, and its charter has been forfeited by judicial judgment upon scirefacias. Such is also the fact with respect to the “ Commercial Bank of Florida,” the“Farmer’sBankof.West Florida,” and .the Bank of Jacksonville. A bill to repeal the charter of the “ Bank of Florida,” has passed the House at this.session, and there are besideslegal proceedings pending in the Superior Court of the Middle District on scirefacias, to procure judgment of forfeiture of its charter. Legal proceedings are also pending in thp same Court on scire facias to effect judgment of forfeiture of the charters of the “ Gentral Bank-of Florida,” and the “ Bank of Magnolia,” alias the-'“ Merchants and Planters' Bank of MagnoliaAll of these .Banks have broken long since, except the “ Central Bank of Florida,’] which, after its suspension, was purchased up by the “ Union Bank Of Florida,” and subsequently sold or bartered away to a company of persons, mostlyresiding at Columbus, Georgia, and'St. Joseph, Florida, to which last named place it Was authorized by an act of the Council passed in 1841, to be removed from Tallahassee. The Bank of Florida failed finally last spring. Some time after it went into operation, it was purchased up by the “ Central Bank of Florida,” and was transferred with the latter to the “ Union Bank of Florida,” and its charter bought of the Union Bank by Edwin G. Booth. Its failure last, March, it is believed, is chiefly attributable to one of its agents, a Mr. David S. Kennedy pf New York, who with others, has been indicted in the Superior Court of Leon County, in this Territory, for a conspiracy and for fraud in respect of the Bank, but the demand for him and James G. Graham, the last President of the Bank, made by the late
198

•
Governor of this Territory, from Mr. Bouck, the late Governor of New York, was refused by the Governor of New York. The conduct of the Executive of New York in this business, inasmuch as he was sworn to support the federal Constitution, is to this Committee,entirely inexplicable.
Whilst we are a Territory, there is no redress for such wrongcommitted by the Government of one of the States of the National Confederacy. If a sense of justice and right—if the rules of comity which enlightened communities obey in their intercourse with each other—if the most solemn obligations to obey the express requisitionsof the Constitution of the United States, will not have weight to prevent the Executive of a State from allowing it to become the alsatia for refugee and fugitive criminals from other sections, the Union will soon become a mere rope of sand, and not worth preserving. The quibbling resorted to in these cases with respect to the indictments, is as disgraceful as it is weak, and is but adding insult to injury.
Theassetsof the ,fBankofFlorida”are nowinthehandsofReceivers appointed by the Superior Court of the Middle District. An assignment was previouslymade of most of its assets, by Graham, in New York, but its'valfdity and bona fide character is contested,. Mr. Booth, the former President, has made a transfer of all his propertyin Florida, and some in Virginia, to pay up such liabilities of the Bank for which he may be responsible.
There are several dormant charters of Banks and other corporations on our statute book, which, were it not for the fact that it is believed we are about to become a State, and that the first Legislature thereof, by the express provisions of the State Constitution, is invested with undoubted plenary powers to legislate with regard to all corporations, unfettered by rules of Legislation which it is deemed by some should restrain the Territorial Council, the Committee would unhesitatinglyrecommend theunconditional abrogationof allofthem byarepealing act. Butunderpresent circumstances, theCommit, tee deem it sufficient to refer this subject to the special consideration of the first Legislature of the State of Florida, as one of primaryimportance, and which should command its earliest attention, and most careful and considerate, but decided action.
As to the Union Bank of Florida, there is little doubt of its insolvency. The causes of this deplorable result are well known, theyheed not be here repeated. It has at present but a small amount of bank bills in circulation, say about $37,995 00. It owes about $10,000 deposites. Its other floating liabilities, it seems by the report, are about $455,000, a considerable amount of which the Bank has been sued for, and for which judgments have been obtained against it; there is an item of $396,325 65, stated as due to banks and others, besides said amount. It owes about $3,000,000 of faith bonds, and interest on them, the payment of which some yet contend the State and people of Florida are liable for, if the bank does not
pay-,
That the bank will ever be able and willing to pay the full amount of them, it is the extremity of credulity and confidence to indulge the
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hope. If thirty cents in the dollar is ever paid hy the Bank for' them, the result will exceed the expectations of the Stockholders and of the public. â–  The ordinary liabilities of the Bank ,are_ now selling for about thirty cents, and the faith' bonds cannot command more than twenty^ or twenty-five. The people of Florida, disconnected with this bank, believe the attempt to bind them, or the State, by these faith bonds, was an odious usurpation. The State will afford the bona fide holders of the faith bonds every facility to enforce the collection of them, from those who got the money uponthem, Jtmt it is idle to anticipate the State will agree to pay one cent ofthem. At the risk even of being unjustly charged with the infamous crime ofrepudiation, they will resist every and all attempts to fasten upon them and their posterity, as binding -obligations, these spurious contrivances of federal agents, not possessing competent power to thus bind the people or the State. Such will doubtless be the declaration of the first Legislature of the State of.Florida, despitethe combined efforts ofthose who originated and concocted the faith bond scheme,' and of those interested to adopt different measures. The Committee do not deem it necessary for the Council to do anything with respect to this Bank at this session. It will be the more appropriate duty of the first Legislature of the State to wind up its affairs, and if possible, to throw a veil over the sad evidences of the ruin andmiseiyits mismanagementhasbroughtuponMiddleFlorida.
The conditionoftheSouthern Life Insurance andTrustCompanyis pretty much the same as that ofthe Union Bank. It made an assignment ofitselfabouttwoyears since,butthis assignment hasbeen decided to be fraudulent and invalid, by the Superior Court of this"District, and its assets are now in the hands of Receivers. Its notes pasB for about 20 cents. The faith bonds it issued, are mostly sued upon for the interest, which, suits are now pending. The Bank contends the bonds were obtained fraudulently and usuriously ofits agent, Mr. Lot Clark. JThere are mortgages in the Executive office to secure the payment ofthese bonds, and which will pay at least 50 per cent, if the bonds are decided to be valid. It is claimed that the people of Florida are liable for these bonds also, but the-same principlesapply as are urged with respectJo those of the Union Bank. The amount of bonds outstanding are about $240,000, besides interest.— The first State Legislature, it is to be hoped, will adopt-a proper course with respect to this Bank also, and have its affairs speedilywound up.
The Bank of Pensacola has long since been broke. It issued $500,000 of bonds, guaranteed by a former Governor of Florida. The liability of the people for these bonds is also denied. The bonds it is believed can.be bought, as also bills of the Bank, for 12J cents in the dollar.
Whether the federal Governmont.is bound to pay the deficiency which may exist after the assets of the Bank are exhausted in payment of these bonds, is a question which that government must decide^ When the-question .is distinctly made, as it will be ere long, it „is not
200


to be doubted that the decision will be such as the honor and reputation ofthe nation demands.
The House having passed the hills entitled “ An act respectingCorporations,” a bill entitled “ An act respecting the property of; and debts due to, Corporations that have been dissolved, and ofdebts owing by them,” also a bill entitled, f‘ An act respecting Bank notes or bills,” which said bills were reported by your committee some time since, the committee do not think it neeessary to do more than ask to be discharged from the subject.
, THOS. JEFF. HEIR,
Chairman ofthe Committee on Corporations.
Which was read.
On the question, shall the report be received, thp yeas and nays were called for by Messrs. Brown and De la Rua, and were as follows: '
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Bush, Chapman,Child, Crichton, Ferguson, Heir, Ivey, Long, Loring, Mays, Me-Clellan, Patterson, Philips, Porter, Rogers, Sanchez, Spencer, Taylor and Turner—22.
Nays—Messrs. Brown, Cromartie, He la Rua, Hart, Randolph,Speer and Wilkison—7. So the report was received, postponed until Monday, and made the special order for that day.
Mr. Brown, from the Select Committee to which had been refer
red the' memorial of the Trustees of the Leon Female Academy, re
ported a bill entitled, An Act to incorporate the Trustees of Leon
Female Academy;
Which report was received, the bill read the first time, and order
ed for Monday.
Mr. Brown, from a Select Committee, made the following report:
The select committee raised on the petition of Reuben Scott, and
the memorial of a number of citizens of Gadsden and Leon counties,
have had the same under consideration, and after a patient investiga
tion of the same, beg leave to
REPORT: r
That from the declaration of the petitioner, under the solemn obligation of an oath, that he was not guilty of the counts in the indictment, which charged him with “ procuring” and “ suffering” persons to gamble in a house at* Marion Race. Course in January, 1843, of which he had control; and from affidavits of the Proprietor and Secretary of the Course, who had the renting of the houses and booths on the-said race course, which affidavits are herewith reported, declaring that the said Reuben Scott not only did not rent any house or booth on the said race course, but that he did not arrive until the second dayofthe races. Yourcommitteeare oftheopinionthatthere are gropnds Jo believe that the petitioner was unjustly convicted.— Your committee are strongly supported in this opinion by the longlists of the most respectable citizens in the counties of Leon and
201
Gadsden,

Gadsden, where the petitioner has been long known, who testify to
the good character of the petitioner, and put it out of the question that he would be guilty of an act of pejjury, which would be the case if he were not guiltless of the offence of which he was convicted, as he has declared in his petition, to which he has sworn : and the furtherfact thatten ofthejurywhoconvicted him, signed,apetition to the Court, recommending him to clemency.
The fact also, that the-petitioner has suffered part of the penalty of imprisonment, and has paid all the costs, amounting to the sum of one hundred and eighty dollars and eighty-two cents, as the receipt of the Marshal herewith will show. All of which facts constrain your committee to report that the prayer of the petitioner and the memorialists ib reasonable and ought to be granted; and they therefore report the accompanying bill for the relief of Reuben Scott.
All of which is respectfully submitted.
THO. BROWN, Chairman.
Which report was received, and the bill reported, viz: An act for the relief of Reuben Scott, was read the first time and ordered for Monday.
Mr. Brown, from a select committee, to whom was referred the petition of Ann Charlotte Kelly, reported a. bill entitled, an act for the relief of Ann Charlotte Kelly.
Which report was received, the bill reported, read the first|time, and ordered for Monday.
ORDERS OF THE DAY.
The bill entitled, an act to provide for the erection of a public Jail and premises in the County of Monroe, returned by his Excellency the Governor with objections, as also the said message came up for consideration first among the orders, and were read.
On the question of the passage of said bill, over the objections of his Excellency the Governor :
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Brown, Bush, Chapman, Child, Crichton, Cromartie, De la Rua,-Ferguson, Goff Haddock, Hart, Heir, Ivey, Long, Loring, Mays, McClellan, Patterson, Philips, Porter, Randolph, ,RogeTS, Saqchez, Spencer, Taylor, Turner and Wilkison—30.
Nays—0.
So the bill passed, and was ordered to be forwarded,to the Senate
for their concurrence.
His Excellency the Governor transmitted to the House the follow
ing message : •
Executive Department, }
Tallahassee, March 1st, 1845. $ '
Gentlemen ofthe Senate andHouse ofRepresentatives :
I hereby nominate the following persons for the counties hereinafter named: Madison County—William Langford, CotesworthL. Carruth,Sher
26 ‘"
•
202


tod Edwards, John B. Whitfield, Thomas M. Anderson, David B. Ewing, Lewis B. Davis, Justices ofthe Peach.
Tax Collector, John H. Patterson.
For Franklin County—Michael A. Myers, Charles J. Shepard, Auctioneers. John Lucas, Cornelius Grady, Surveyors of Lumber. For Gadsden County—Daniel M. Hinson, Daniel McDonald, Dan.
iel Buie, Isaac R. Harris, Uz Wood, John McElvy, John W. Mann, Sr., Hardy Shelfer, Stockly Sadbury, John Buie, James Gibson, Alexaqder Mclver, Abner C. Chester, Jonathan Robinson, George W. Bruton, A. J. Forman, Isaac Nathans, Isham Cain, Marcelleus Morgan, John W. Poindexter, Justices of the Peace.
Thomas D. Wilson, W. W. Croom, Auctioneers.
Isaac R. Harris, Notary Public.
For Walton County—James Evans, Justice of the Peace.
For Escambia County—Joseph E. Caro, Wm. W. J. Kelly, Mica, jah Crupper, Felix Grundy Mason, Charles N. Jordan, Henry J. Wiggins, Daniel Saint, Thomas B. Laffin, Justices of the Peace. Blyden Vanbaun, Henry F. Ingraham, John Campbell, Alexander McVoy, Francis de la Rua, William Grant, Auctioneers. Alexander McVoy, George G. Pattison, John H. McRae, Maximo
P. De Rioboo, Notaries Public.
Hanson Kelly, Sr., John Campbell, Charles C. Keyser, Henry F. Ingraham, Robert A. Mitchell, Port Wardens for the port of Pensacola.
I have the honor to be, Your obedient servant, JNO. BRANCH. Which was read, and. the nominations therein advised and consented to. A bill for the relief of John M. Hanson, made the special order of the day, was taken up on its third 'reading.While under consideration, and before Mr. Heir had concluded his debate,The House took a recess until 3 o’clock, P. M.,
THKEE o’clock, P. M.
Mr. Heir resumed his speech on the merits of the bill under con
sideration when the recess was taken.
Mr. Baldwin mov,ed the previous question;
Thf Chair decided the motion out of order.
Mr. Baldwin appealed from the decision of the Chair, and the yeas
and nays were called for by Messrs. Baldwin and Taylor, and were:
Yeas—Messrs. Allison, Brown, Chapman, Child, Crichton, Cromartie, De la Rua, Goff, Haddock, Hart, Heir, Ivey, Long, Loring,Mays, McClellan, Patterson, Philips, Porter, Randolph, Sanchez, Speer, Spencer, Turner and Wilkison—25
Nays—Messrs. Baldwin and Taylor—2.
So the House sustained the decision of the Chair.
— —
—
—
— —






'
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the U. S. in the Southern section of the Peninsula, and on the Keys,who will engage m the cultivation of Tropical Plants and Fruits, andinthemaking ofArrow Root, and otherproducts peculiar tothat region,” beg leave to
REPORT: *
That the adaptation of the chief part of such of the Peninsula of Florida,and some ofthe IslandsandKeyslyingsouthpf26Jdegrees of North latitude for the.successful cultivation pf most of the tropical productions enumerated in the schedule annexed to this report, has Been tested by actual experiments since 1829. That extensiveplantations, workedbyaslaveforce cannot be established withprofit in that part of Florida, within the limits designated, every one acquainsted with it, must concede. The lands, excepting small narrow 6trip.of hammock on the margins of the water courses, generally insuffi. cient for an ordinary cotton or sugar or rice plantation, are a lightsandy alluvial, with vegetable deposite on lime-stone rock, which is but a short distance below the surface, and often foUhd on it so as to obstruct the cultivation. On the borders of the water courses and adjacent to those for short distances, the timber is often luxuriant in growth and of various kinds, and the undergrowth is exceedinglythick, while in the interior there is rarely to be seen any thing but ponds in wet seasons, which are prairies in dry, surrounded by pineforests. These lands will not repay to the Government the expenseof surveys. In fact they will never average five cents per acre.— The best and most select p'ortions, mostly in small tracts not exceeding 160 acres, will not sell for more than the present legal minimum price of §1 25 per acre, demanded by the U. S. If the General Government shall render encojuagement to persons to settle on these lands, and engage in the cultivation upon them of tropical productions, the principal portion of all of them, fit for cultivation, would be densely settled in a few years, but without such encouragement theywill not be for a quarter of a century to come. Those who would settle upon them for such object, are mostly such as would be unable to pay for the lands to the Government. They would be generally poor men, supportingtheirfamilies bytheirlabor,whosechiefmotive for such settlement would be the desire of establishing a permanent home. To induce the cultivation of tropical products, the land must
be owned by the persons engaging in the cultivation of them. The rearing of an orange or lime grove, or an olive grove, and indeed the cultivation of most of the tropical productions, is a permanent improvement, taking several years to result in profit to those who undertake such cultivation. A slave force could not be employed proffitably in such business. If the U. S. would bestow 160 acres ofland Jnpon every person who would permanently settle on any lands sout,’ K of degrees of latitude, reside upon such lands for five years, and actually cultivate at least 20 acres m tropical productions, under proper regulations, to be prescribed by Jaw, the benefit resulting to the
D. S. would be vastly greater than the paltry pittance of $200 exac
205


ted in the purchase of such quarter section from the settler. Again,these lands have yet to be surveyed and brought into market, and with the uncertainty in regard to the pre-emption laws, few will be found disposed to settle on them, and make any improvements, without some guarantee from Government that such improvements will not be wrested from them hereafter by speculators. The importance of having a'permanent, steady white population attached to the soil in the section designated, must be admitted by every intelligent man, who looks at the geographical position of that section. Without such population, in time of war, it would be the point d’appui of a foreign enemy—oncein possession of {he enemy,itwouldaffordgreat advantages to them in the annoyance of our coastwise commerce, and in making predatory incursions into the adjacent country.— Theimportance ofencouraging thecultivation ofthekind of agricultural products referred to, we cannot conceive any one will dispute.The IJ. S. pay to the West Indies, to South America, to the Azores, to Portugal, and other tropical countries, a large amount annually, for such products. South Florida is the only part of the United States m which these products can be rais’ed. With the exception of the articles of Coffee, Tobacco, Sugar, Tea, black pepper, it is believed with proper encouragements an amount equal to the-entire amount imported into the U. S., would be raised in the country included in the limits we have indicated, in a few years. Vessels'trading to Florida would not be subject to the onerous exactions in foreign ports, and the close proximity of the Peninsula to New Orleans, would enable
• that market and the entire valley of the Mississippi, to be suppliedwith greater facility, and at a less cost than from Cuba or elsewhere— and the Atlantic ports could be furnished'with equal facility abd expense as from the West Indies. The existence of such a state of things, will decrease our dependancejjom foreign countries—a new source of employment for our domesticffnaustry will be created. That the Government of the U. S. will afford such encouragement asFas been intimated, if proper efforts are made to disseminate information on the subject, we do not doubt. The past liberal legislation of Congress on this subject, is a guarantee that it will not neglect its duty, if its attention is properly directed to it. In 1832, the Executive ofthis Territory directed the notice of the Legislative Counejl to it, in a Message, an extract from which is appended hereto. At the same session of the council, an act was passed entitled “ An act to incorporate the Tropical Plant Company of Florida,” Ap. Jan, 23, 1832, which is to be found, page 2 of the laws of that year. The application made to Congress by those who.iormedthe company, \yas recommended by the Legislative Council, and in 1838 Congress passed an act, to be found yol. 9, L. U. S"., page 869^ entitled “ An act to encourage the introduction and promote 'the cultivation of tropical plants in the U. S. States.” The committee deem it usefal to copythat act entire in this report. It is in these w'ords: ,
“ Whereas, in obedience to the Treasury circular of tha sixth of
%
206


September, eighteen hundred and twenty-seven, Doctor Henry Perrine., late American Consul at Campeachy, has distinguished himself, by his persevering exertions, to introduce tropical plants into the U. States; and, whereas, he has demonstrated the existence of a trop.ical climate in southern Florida, and has shown the consequent certainty of the intermediate domestication of tropical plants in tropical Florida, and the great probability oftheir gradual acclimation throughout all our southern and southwestern States, especially of such prof,itable plants as propagate themselves on the poorest soils; and, whereas, if the enterprise should be successful, it will render valuable our hitherto worthless soils, by covering them with a dense population of small cultivators and family manufacturers, and will thus promote the peace, prosperity, and permanency of the Union : Therefore,
“ [Sec. 1.] Be it enacted by the Senate and House'of Representatives of the Umted States of America in Congress assembled, That a township of land is hereby granted -to Doctor Henrj Perrine and his associates, in the southern extremity of the peninsula of East Florida, to be located in one body of six miles square, uponany portion ofthe public lands below twenty.six degrees north latitude.
“ Sec. 2. And be itfurther enacted, That the said tract of land shall be located within two years from this date, by said Henry Perrine, and shall be surveyed under his direction by the surveyor of Florida : Prgmded, That it shall not embrace any land having sufficient quantities of naval timber to be reserved to the United States, nor any sites for maritime ports or cities.
“Sec. 3. And beitfurther enacted, That whenever any section of land in said tract shall he really occupied by a bona fide settler, actually engaged mthe propagation or cultivation of valuable tropical plants, and upon proof therec£being made to the Commissioner ofthe General Land Office, a patifljjshall issue to the said Henry Perrine and his associates.
“ Sec. 4. And be itfurther enacted, That every section of land in the tract aforesaid, which shall not be occupied by an actual settler positively engaged in the propagation ot cultivation of useful tropicalplants within eight years from the location of said tract, or when the adjacent territory shall be surveyed and offered for sale, shall be forfeited to the'United States, [Approved July 1th, 1838.”
All the encouragement ‘that could be desired, would be a general act, containing similar provisions, with also those before suggested for the benefit of all s’ettlers in the designated region. A gratuity of a quarter section to each one engaging in such cultivation, would be sufficient. Provision should be made for the survey of the locations without reference to the sectional lines now observed in the U. S. surveys. The benefits ofthe act of Congress above quoted, have been lost to Florida, by the death of Doctor Perrine, who was murdered at Indian Key, in 1840 by the Indians. Previous to his death, he had embark ed his whole fortune in this undertaking. His family provi
207


deHtially escaped the massacre, hut with the loss of thei-entire prop-* erty, and applied to Congress, net to enforce the. forfeiture con* tained in the act, which had been incurred in consequence ofDr. Perrine’s death, Florida, for whom Doctor Perrine made great sacrifices—whose patriotic efforts, had he lived, would have resulted so much to her benefit, seconded that application. Congress has extended the grant to his heirs—and it should give similar grants to others. The committee cannot close this report, without adverting to a subject to which their attention has been attracted, by readingthe proviso of the 2d section of the act of Congress above quoted.The policy pursued in regard to the public lands in Florida, has been exceedingly unwise and short-sighted. The Spanish GTovernment before the cession, and the British Government, when it owned the Floridas, encouraged the building of saw mills, by giving large tracts of public lands adjacent to those who established them. The II. S. seize all timber cut on the public lands as forfeited. The most valuable lands for cultivation are kept from sale under the pretext of having “ naval timber” on them—which, if the fact, is not a sufficient reason for such course. Some half aidozon persons, at extravagant salaries, are employed to watch the timber and keep every body from stealing it, which they can easily do, when it is worth stealing. It would be much wiser to dispose of the lands, have them occupied byindustrious agriculturalists, who can defend jhe country without the timber^ better than the timber can defend the country without them.
The committee have not deemed it expedient to make a dissertation upon the several different products specified in the schedule annexed, and the cultivation of which should be encouraged. They do not profess to be competent to write an agricultural essay. One of the resolutions reported for the consideration of the House is to procure authentic data as to these different products. The article ef arrowroot being specially mentioned, in the renjjN|n of inquiry addressed to the committee, they deem it proper to make a few observations respecting it. The facility of raising the comply, from which this article is manufactured in South Florida, should occasion the exclusion of all arrowroot from foreign countries. The arrowroot produced from the compty is equally as nutritious as the arrowroot of Jamaica or Bermuda. It can be made at a* pipfit; if it brings 10 cents at the place of exportation. Within the last year at least 25,000 lbs have been made m South Florida, for shipment;—millions of pounds could be annually made in South Floi ida, and more than enough for the demand on this continent, and indeed larger quantities could be sent toEurope—allthatiswanting is labor, andlandovmed by 1he laborer. The compty is indigenous to the whole peninsula. We do notask for encouragement by a protective impost. Every part of the South should disdain any participation in the system ofunconstitutional plunder by the means of protective tariffs—we should scorn such deception and iniquitous system of unequal taxation, by which, if persistedin, the Union will become a burthen instead of a blessing. The
encouragement and protection we seek, is fair, open, and above board.
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If this is not granted, we want no other. With these suggestion?, the
committee recommend the adoption of the following resolutions
WILLIAM W. LORING,
JAMES H. RANDOLPH,
H. H. PHILIPS,
F. E. DE LA RUA,
JNO. P. BALDWIN, ' Committee on the Stateofthe Territory*
Resolved, That the Governor of Florida be. requested to address the Secretary of State of the tJ. S., and solicit instructions to the different TJ.S, Consulsintropical countries, andtotheofficers ofthe navy visiting tropical countries, to procure such information, relative tothepracticability of raising inFlorida,different tropical exotics, as may be sought by the Governor of Florida, or the Commissioners namedinthisresolution, andthatsuch consulsand officers berequested to procure and transmit to Florida, such seeds, roots, and plants,and products, as may be introduced, and cultivated here, with silch information as to their cultivation, as maybe useful, and that the Governor of Florida be requested to make inquiries to procure such information, and that S. S. Sibley, Esq., Editor of the Floridian, and
J. Clisby, Esq. Editor of the Sentinel, Tallahassee, be also requested to act as commissioners, to collect, in like manner, authentic data on these subjects, and have the same published for the information of the public, and laid before the next Legislature of Florida, so as to bring the subject advantageously before Congress.
BCflEDtJDE OF PRODUCTS TO BE RAISED:
Compty, Tam, Casava, Ginger, Pulka, Sisal Hemp, Indigo, To
bacco, Cortex CascarillajjHK Ganilla alba, Quinine, Sarsaparilla.
Sugar Cane, Pepper, bushTahd vine pepper, Pimento, Tea-plant.
Orange, Guava, Otaheita plum, Shaddock, Lime, Hog plum, Forbidden Fruit, Lemon, Jamaica Apple, Grape Fruit, Citron, SugarApple, Banana, Pine Apple, Cocoa Nut, Plantain, Sapadilla, Sour Sop, Avocato Pear, Mango, Mame, Olive, Marne Sapota,
Box Wood, Lignumvitse, Mahogany, Titi, Ship Timber.
Extractfrom Acting Governor WesTcott’s Message, 1832 :
InMaylast, the Governor received a communication fromCommodore Elliott, commanding Naval Officer on the West India station, stating that Lieutenant Commandant Boerum, of the United States schooner Shark, had, on a -visit to the Island of 'Trinidad, procured from Sir Charles Smith, Coyernor thereof, several varieties of the Sugar Cane, a box containing one of which, .the Congo, was. deposi*ted with a gentleman in Pensacola, subject to the Governor’s order, with a view ofpromoting the objects.of a resolution of the House of Representatives of the U. States, 25th January,-1830, respecting the procurement of “such varieties, ofthe Sugar Cane, and other culti
209


vated vegetables, grains, seeds and shrubs, as may be best adapted to the soil and climate of the United States,” which resolution had been transmitted to Commodore Elliot by the Secretary of the Navy. The Governor adopted measuies forthwith to have the cane disposed of in the most advantageous manner, to meet the objects of its importation. The resolution of Congress alluded to, was introduced by the Delegate from this Territory, and if carried fully into execution, it is calculated ultimately to produce, and particularly with regard tp us, highly important and beneficial results. Hundreds of the vegetable productions of tropical climates, of great value, and some in such commoii use, as to be considered articles of necessity,and which we now import at high cost, could be easdy cultivated in any part of our Territory. Many, too tropical to flomish in West, or Middle Florida, could be reared under the more genial climate pfthe southern part .of the Peninsula. The southern part of this continent, and South America,, and China, abound in trees, -plants, herbs, and roots, possessing the most valuable properties, the use. of which has been confined to thc'placeg oftheir production, but which could as well be produced and enjoyed by our own citizens. I herewith transmit to the Council, and respectfully invite their attention toanextract ofanofficial letterfrom H.Perrine, UnitedStatesConsul for Campeachy, to the Secietary of the Tieasury, m relation to this subject, which has been published in the newspapers, and from which Ihavetakenit. Other documents worthyofattention,arealso herewith sent tp the Qouncd. Itwill be noticed that Mr. Peirine is desirous that an act of the Council should be passed, incorporatinghimselfand his associates into a company for the cultivation of.tropical exotics, and he proposes to establish the plantation of the company on the southern pait of the Peninsula. This enterprise should not be classed with the inflated visionary, projects, of which Florida has been so piolific, and the failure of which has created so much distrust of all novel undertakings. 'If those -who embark ip it should not find it a source of gain, and should after trial abandon it, the benefits lesulting to the country from the introduction of the many valuable foreign products, they will have brought among us, must be of considerable importance, and should induce us to render every
encouragement and aid in our power, to promote the success of the undertaking, and although Mr. Perrine has made no direct applic^^vtion, I earnestly recommend the granting of a charter as he. wishesj’Sy*and the bestowment upon the company of as many privileges as is compatible with the public interests. The national legislature, it is to be hoped, will afford aid to so laudable an enterpnze, and one which, ifsuccessful, promises to be of national benefit, by a grant of land sufficient for their use, or otherwise. I esteem" it, however, of paiamount-consequence, that an interest should be excited amongthe agriculturists throughout the Territory, in relation to the intioduction and adoption of foreign products. The tea plant—those
trees and plants from which is procured the olive, ginger, pepper,
cloves, cinnamon, pimento, nutmeg, and coGoa, and many other ar
ticles of daily use ui our families, coiild. it is believed, with caie and
•27
210


attention, be successfully cultivated in most parts of our Territory. But the practicability of every article mentioned, being readily pro.duced by those planters favorably-located, as it regards climate, cannot be questioned. The production of these articles, if only suffici. ently for our own jdomestic consumption, would be of immense advantage to our citizens; and if experience should prove that Florida might in a few years be looked to by our fellow-citizens of the states for such products, the benefits resulting to the Territory, would be incalculable. If as has been conjectured by some, we shall before many years, have more formidable competition in the raising of cotton from Mexico, South America, the East Indies, from Egypt, and from the extensive countries bordering on the Black Sea, opened to the trade of Europe, by the canon of the allies at Navarino, it is wise for the cotton planter to prepare for the adoption of other articles for cultivation, and in respect to those that require any considerable length of time to bring them to maturity, he should not delay. Whether the cultivation of the cane, and the manufacture of sugar, can be relied upon, as a certain source of profit to the Florida planter, and especially if the present duties on imported sugar are reduced by Congress, is by many regarded as problematical. But conceding these doubts to be unfounded, admitting the conjectures stated in regard to cotton, to be idle speculations, and if the experiment fails immediately to yield the planter pecuniary profit, the argument of convenience, of independence, and of patriotism, are stillinfavor oftheadoptionand culture ofevery useful exoticcongenial to our soil and climate, that we can procure. The general government have offered by the resolution .aboye mentioned, great facilities for their introduction, but for the more effectual accomplish-• ment of this object, I suggest that a small appropriation be placed at the disposal of the executive, to meet the expenses of transportation, and other charges necessarily incident to the procurement of seeds, &c.—and that you authorize by resolution such as may be received, to be distributed for propagation under his direction.
Which was received, read, the resolution unanimously adopted, and on motion of Mr. Hart 500 copies of the report, resolution and documents, ordered to be printed.
Mr. Ferguson offered the following resolutions: f 1. Beit resolved by the House of Representatives, That this Legislative Council adjourn sine die on Saturday, the eighth instant.
2. Be it further Resolved, That no new business shall be intro
duced into this House after the 4th instant.
Mr. Heir moved that the resolutions be laid on the table.
Upon which the yeas and nays were called for by Messrs. Bald
win and Heir, and were :
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Brown, Goff, Heir,
Ivey, Mays, Patterson, Philips, Porter, Spencer and Taylor—13.
Nays—Messrs. Bush, Chapman, Crichton, De la Rua, Ferguson,Haddock, Hart, Long, Loring, McClellan, Randolph, Rogers, Sanchez, Turner and Wilkison—15.
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So the motion (ailed.
Mr. Baldwin moved the indefinite postponement of the resolutions.
Which was lost.
Mr. Baldwin moved the following as a substitute for the two resolutions of Mr. Ferguson : •1
Resolved, That the Legislative Council will not adjourn until first ascertaining from Washington what course has been pursued by the Senate relative to our admission into the Union as a sovereign' State, or until the expiration of the seventy-five days allowed for the session of this Council by act of Congress.
On the adoption of Mr. Baldwin’s proposed substitute, the yeas and nays were called for by Messrs. Baldwin and Heir, and were : Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Brown, Heir, Ivey, Mays, Patterson, Porter, Speincer and Taylor—11.
Nays—Messrs. Bush, Chapman, Crichton, De la Rua, Ferguson, Goff, Haddock, Hart, Long, Loring, McClellan, Philips, Rogers, Sanchez, Turner and Wilkison—16.
So the substitute was rejected.
Mr. Heir moved to amend the first resolution ofMr. Ferguson, by inserting after the word “ the” in the first line, the words “ Senate and,” so as to read, resolved by the Senate and House of Representatives.
Which amendment was accepted.Mr. Heir raised a point of order as to the adoption of the resolution on its first reading.The Chair decided that the resolution was of a private nature, and it was in order for adoption after its first reading.
Mr. Heir appealed from the decision of the .Chair, and Messrs. Heir and Baldwin called for the yeas and nays on the appeal, which were: «•
Yeas—Messrs. Bush, Chapman, Cromartie, De la Rua, Ferguson,Haddock, Hart, Long, McClellan, Philips, Rogers, Spencer, Turner and Wilkison—14.
Nays—Messrs. Allison, Baldwin, Goff, Heir, Ivey, Loring, Mays,Patterson, Porter,-Sanchez and Taylor—11.
So the decision of the Chair was sustained by the House.
Mr. Heir then moved that the word “ Senate” be stricken out.
Which motion was refused.
Mr. Mays moved to strike out “ Saturday the eigthth,” and insert “Tuesday tjie eleventh.” Which amendment was accepted by Mr. Ferguson, and adopted bythe House. Mr. Ferguson withdrew his second resolution, and the resolution, as amended, to-wit:
Be it Resolved by the Senate and House of Representatives, That this Legislative Council adjourn sine die on Tuesday 11th March next;
Was adopted and ordered to be certified to the Senate.
Mr. Heir offered the following resolution, viz:
Resolved, That the editors of the Star be requested to print, in
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pamphlet form, one thousand copies of the St. Joseph’^ .Constitution, for the use of this House : Provided, that the cost of .the same does not exceed thirty dollars.
Which was-adopted unanimously.
His Excellency the Governor transmitted to the House the following message :
Executive Department, )
• Tallahassee, March 1st, 1845. ^
Gentlemen of the Senate
and House of Representatives :•
I hereby nominate the following persons for the county of
Leon—James E. Broome, Judge of the County Court. Justices
of the ’Pe.ace—Cosam Emu-Bartlett, Benj. Hall, Alexander Cromartie, Henry Cliffoi d, Richard Van Brunt, Turbutt R. Betton, John Tooke,-Simon Towle, William M. Gibson, Frederick Cotten, Thomas Laversage, James Kirksey, William G. Burgess, John W. Argyle. Auctioneer—Robert H. Berry. Tax Collector—Fletoher Whitaker.
Monroe County—RobertB. Taylor, Justice ofthePeace and Notary Public. R. D. Fontane, Auctioneer. I have the honor to be, your ob’t serv’t, JN. BRANCH.'
Which was read. The nominations for Leon county advised and consented to, and the nominations for Monroe county laid on the table.
Mr. Allison, from the Select Committee to which was referred a memorial from sundry citizens of Gadsden county), reported the following preamble and resolutions, viz r
Whereas, the southern part of Gadsden county, embracing an extent of country of some seventy or eighty miles in length, and from forty to fifty in width, has in many parts become thickly settled, and is still increasing in population: And whereas, the said inhabitants are entirely without the convenience of mail routes or post offices, their nearest post office being Quincy, a distance varying from fifteen to fifty mjles from their,homes : And whereas, the establishment of post offices at or near the following places, with mail routes from Quincy thereto, to wit—at Fort Preston, on the Apalachicola River, at the scite commonly known as the Muster Ground, on Roeky Comfort -Creek, in Forbe’s Purchase, and at the BaptistChurch, on Tologee Creek, will afford the desired facilities. Therefore, ‘
Be it Resolved by the Governor and Legislative Council of the Territory ofFlorida, That ourDelegate m Congress be, and he is hereby requested to use his best exertions to procure the estabhshmant of said mail routes, once a week and back on hoise back.
Be itfurther Resolved, That copies of the foregoing preamble and
resolutions be duly authenticated, and transmitted to our Delegate in
Congress, andto the Post MasterGeneral ofthe United States.
Which was lead, the rules waived, read the' second and third
times, adopted, and ordered tp be certified to the Senate.
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2ia
On a call of'the House being ordered, Jhe following members were reported absent: Messrs. Chapman, Child, Goff, Long, Porter, Bandolph, Spencer and Walker.
Messrs. Child and Walker were reported absent from indisposition.
The Sergeant-at-Arms was directed to summon the absentees to attend. < A quorum being present, Mr. Bush moved that Mr. Chapman have leave of absence for the day;
Which wasgranted.
Mr, Baldwin moved that the rules be waived, to allow him to give notice of a bill he desired to introduce on a future day, entitled, an act in relation to Auctioneers.
Which motion prevailed, and notice given.
The Senate returned to the House the following bills, preambles and resolutions: An act to reduce the tax on Billiard Tables, rejected by the Senate. An act to authorize Henry .E. Perviance to establish a Ferry on
the Suwannee River, passed by the Senate without amendment. An act for the relief of David D. Young, passed by the Senate without amendment.
An net to amend an net entitled an act to establish a Board of Port Wardens and Commissioners ofWrecks forthe portofApalachicola, passed by the Senate without amendment.
Preamble and resolutions relative to a quarter section of land for Washington County;
Adopted by the Senate without amendment.
Preamble and resolutions relative to the erection of a Light-houso at or near New Smyrna;Adopted by the Senate withoutamendment. Preamble and resolutions asking an appropriation for the“payment of the Washington County Volunteers;
Adopted without Amendment by the Senate.
Preamble and resolutions asking a quarter section of land for Clarion county ;Adopted by the Senate without amendment. Preamble and resolutions asking of Congress an appropriation for rebuilding a Court-house in Hillsborough county;
Adopted by the Senate without amendment.
The Senate returned to the House an act to establish a Board of
Commissioners of Pilotage for the harbors and waters of Apalachi
cola Bay, accompanied by the following message :
Senate Chambeh, March 3, 1845.
lion. Speaker oftheHouseofRepresentatives :
Sir—The-Senate has passed the bill from the House to be entitled, An Act to establish a Board of Commissioners of Pilotage for the harbors and waters of Apalachicola, with the following amendments ;—
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Strike out ail between the words “ enacted” and “ all,” in the eighth section of the bill.
Strike out the word “ other,” 'in the same section.
To which they ask the concurrence of the House.
Your obedient-servant, THOS. F. KING,
Secretary Senate.
.Which was read, and the amendments of the Senate concurred in.
The Senate transmitted to the House a preamble and resolution requesting the Delegate in Congress to endeavor to procure the extension of the mail route now existing between Marianna and Eu-cheanna, as far as the town ofGeneva in the State ofAlabama ;
Which was read and adopted, and ordered to be certified to the Senate.
ORDERS OF THE DAY.
Abillentitled,Anact torepeal an actestablishing atariff of fees, passed 15th March, 1844, and for other purposes;
Was read a second time and laid on the table.
A bill entitled, An 'act to divorce James N. Myers ;
Was read the second time and laid on the table.
Abill entitled, An act to amend the revenue laws ofthis Territory ;
Was taken up, apd On motion, the House went into committee of the whole, Mr. Heir in the chair. After some time the committee rose, reported progress, and asked leave to sit again ;
Which report was concurred in.
A bill entitled, An act regulating the mode of proceeding on attachment;
Was read the second time, rules waived, read the third time, and on the question, shall the bill pass 1—the yeas and nays were called for by Messrs. Taylor and Mays, and were:
Yeas—Messrs.' Bush, Chapman, Crichton, Cromartie, Ferguson,Haddock, Hart, Long, Philips, Randolph, Turner, Wilkison—12. Nays—Mr. Speaker, Messrs. Brown, Heir, Goff, Ivey, Loring,Mays, McClellan, Porter, Rogers, Sanchez, Spencer, Taylor—13.
So the bill was rejected.
A bill entitled, An act to divorce Michael Peterson from his wife Mary;Was read the second time and laid on the table. An act in addition to an act entitled an act in relation to Liens created by judgments;
Was taken up and laid on the table.
Mr. Heir moved that the vote taken this morning rejecting the bill entitled, An act regulating the mode of proceeding on attachment, be reconsidered; i
Which motion prevailed. The House, in committee of the whole, Mr. Mays in the chair, went into consideration of said bill. Alter some time the committee rose and reported the bdl as amended;
Which report was concurred in, and the bill ordered to be engrossed for to-morrow.
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A resolution relative to the St. Andrews and Ghipola Canal and Rail Road Company;
Was read the second time, rule waived, read the third time and adopted.
A bil} entitled, An act to amend the several acts now in force in relation to proceedings in Chancery;
Was read the third time and laid on the table.
A bill entitled, An act to facilitate the organization ofthe State of Florida;
Was taken up and postponed until to-morrow.
An act to admit copies of Deeds, and other instruments of writing,
to be; given in evidence in the Courts of this Territory ; Was read the second time, and referred to the Committee on the Judiciary. A bill entitled, An aGt to authorise Nathaniel Roberts to establish a ferry across the Was read the third time and passed, with the title as stated.
The'House adjourned until to-morrow, 10 o’clock.
Tuesday, 4th March, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was read.
Mr. Long, from theCommitteeonEngrossed Bills, reportedascorrectly engrossed, an act to amend the act regulating the mode of proceeding on Attachments.
Which report was received, and the bill placed among the orders.
On motion of Mr. Brown, a bill entitled, an act to fix permanentlythe county seat of Wakulla county, was taken from the table and placed with the orders.
On motion of Mr. Heir, a bill entitled, an act to divorce JhmesN. Myers, was taken from'the table apd placed with the orders.
On motion of Mr. Philips, the bill'entitled, an apt to divorce Michael Peterson from his wife, Mary, was taken from the table and placed among the orders of this day.
Mr. Porter offered the following resolution:
Resolved J>y Ihe Governor and 'Legislative Council of Florida,
That our Delegate in Congress be and he is hereby requested to use
his best exertions to procure the establishment of a Post Office at
Jackson’s Landing, on the Apalachicola River, in Calhoun county.
. Which was read*, the rule waived, read the second and third times,
and adopted.
Mr. Ferguson, from the Judiciary Committee, made the following
report:
The Committee to whom was referred the resolution instructing them to inquire into the expediency of providing by law, for the protection of the fisheries on the coast of Florida from the intrusion of
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non-residents of the Territory, withoutpaying an equivalent therefor, to those to whom such privileges belong, beg leave to
REPORT:
That at an early period of the cession of the Floridas to the IJnited States, and the organization of the Territorial Government, the fisheries on the Southern coast of the Territory, attracted the attention of many intelligent and patriotic'citizens, as being a source of permanent and valuable revenue and advantage to our people. In memorials to Congress by the Legislative Council, as early as 1822, and repeatedty since, in reports and resolutions of the Territorial ■Legislature in subsequent years, in public reports of officers of the General Government, and in messages of the Executives of Florida at different tildes, has this subject been referred to, as one of high importance. Extracts from s5meof'the documentsalluded to,are appended tothis report. The Convention at St. Joseph, in 1839, which framed the Constitution of the State of Florida, that" was adopted by the 'peoplethe same year, considered this subject, and the exclusive right of the people of Florida to these fisheries, was maintained. As an evidence of the' importance of these fisheries, the use of-them was sought byDon Onis in the negotiation of the treaty of cession, forSpanish subjects, and virtually conceded by a provision giving to Spanish vessels for 12 years after the treaty, permission to trade to Florida on the same footing as American vessels, and prohibiting a like privilege duringthat time to vessels of other nations. Under this clause, the Spaniards, till 1832, clainled claimed the right fp fish in their own vessels on our coast, and it was acquiesced in. Another evidence of the valueofthesefisherieslothepeopleofFlorida, is to,befound inthe’ fact that jn 1831, the British Government made a formal application toGeneral Jackson, then the ChiefMagistrate of this Union, for permission by the National Government, to the inhabitants of the British Bahamas toenjoythem. ThematterWas referred bytheU.S.Secretary of State to the Executive of Florida, who protested againstsuch privilege being granted, in a letter addressed to the State Department, dated Oct. 7, 1831. Extracts from this correspondence are annexed hereto. In 1832, the then acting Executive of this Territory brought this subject distinctly before the Territorial Legislature, in a message, of which an extract is also given, annexed hereto. The subject was referred to a committee of the council, who tnade a report which this committee deem it advisable should be republished for the information of those interested. In 1832, a bill carefully prepared and recommended by that report, was introduced into the council, and had that bill passed as originally proposed,ptWould probably have been of great benefit, but it was so mtitilated by various alterations by those who obviously knew but Jittle of the 'subject, that it was rendered entirely impracticable of being put in force, and utterly useless. It has consequently, ever since, remained a dead letter op our Statute book. The law as'passed, is to be found on page 375 of the “Compilation,” Thu committee will not reiteiate the various arguments advanced in the seveial documents above
217


referred to, Upon the different topics discussed In them. They will content themselves with referring to those documents, and with rec? ommending the publication of the extracts given, for public information, and abriefrecapitulation of the fewprinciplesand facts borrowed from them, and obtained from other authentic sources, and-which* in. the judgment of this committee, imperiously demand the careful deliberation, and decided action of the Legislature of Floridaon this subject, as one of high moment to the rights and interests, and it maybe said, the security of the people of Florida.
Andfirstly, they are prepared to maintain the position, that these fisheries are local—that they belong exclusively to the local sovereignty—to-the people of Florida—and are held in common right bythe people of Florida. -They dp not belong to theState Government as State property—the State could not alienate such natural rightsit could only regulate their Gommomise hyandforthe people ofFlorida.' In doing this it has power, and it is its duty, to prevent the participation of those not resident citizens of Florida, in this valuable privilege,' and to prohibit them from enjoying the-use and benefit of those fisheries, without rendering an equivalent to the people of Florida therefor. The right of piscary in such local fisheries does mot in anywise appertain to the federal government. The right attaches to the local sovereignty exclusively. ,Thefederal government possesses no power of legislation with respect to these fisheries, after Florida becomes a State, except such as may be necessary to aid and assist the State Government, in the enforcement of its laws to maintain its rights—such as is suboidinate to the State Legislation, and the federal government is bound by the constitution to render such aid and assistance.
Secondly There are,considerations relating to the peace, quietudeand security of Florida, her protection from wicked enemies, foreignand domestic, that imperiously demand of those who are her constitutional guardians, to enact laws in relation to the use of these fisheries. Abolition incendiaries from foreign countries—from the British West Indies, and from Cuba, and the still more wicked and dangerous abolition incendiaries and traitors of the New England States, in the reckless madness of their fanaticism, may become engaged in these fisheries, for the,very purpose of availing themselves of the facilities which, while hovering on our coasts, with such pretext, theywould be afforded, oftampering with ourslaves and stealing them from their owners. If allowed to use these fisheries, foreign enemies will be afforded opportunities of trading with those Indians which the U.
S. army and its gallant officers, in a war already of nine years duration, and not yet ended, have not either by the most desperate fighting orthe mostcunning diplomacy been abletoreemove outofFlorida, and which we regret to say, from present indications, will probably infest the peninsula, despite the U. S. army, for years to come. The committee will not dilate on these topics. They deem these brief.suggestion? all sufficient.
Thirdly. That these fisheries are immensely valuable, and that they can be rendered by judicious legislative enactments, an unfail.
/ 28
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Jng source of great revenue to Florida, we have no doubt. Nay,that the more extensive use of these fisheriesthemselves, can be promoted by proper regulation of them by law, is equally Certain. Such regulation willenable thelarge profits derived fromengaginginthem to be more equally divided. Their value will become more generally known, and many excited to embark in them, by salutary regulations, securing equal privileges, who are now restrained from so doing. Upwards of 20 eastern vessels, from 30 to 60 tons burthen, with from 5 to 15 men each, are now employed in these fisheries.— Several vessels owned by resident citizens of Florida, are also engaged in them. These vessels supply the market of Havana and Cuba generally, with not only fresh fish and roes, and also dried and salted fish, to an immense amount. The annual amount paid in Cuba to these fishing vessels, it is believed, exceeds @150,000. The retailingof fishfresh in the Havana market, isa monopolysoldforalarge amount by the Spanish government there. Those who' possess the monopoly, receive, it is believed, thricer the amount they pay the fishing vessels. At present, but few dried or salt fish are taken from Florida to New Orleans for the Western country market, or to the northern Atlantic Cities, as the profits of the Cuba market are much greater, and because those now employed in these fisheries are not morethansufficient tosupplythat market. Itisanticipated ifproperly regulated, hundreds of thousands of dollars of such fish could be sold advantageously throughout the whole Union. „ It only requires such regulation, for public attention to be directed to the facts with regard to these fisheries, to insure’sucb result. It is not anticipated to exact of our fellow citizens of the Union, a heavy imposition for the use of this privilege, for domestic consumption. The natural interests ofboth,willprevent suchcourse. Inbarterforthesenecessaries, we should receive these products and manufactories, and thus the comfort and convenience and interests of allwould be promoted; nor is it contemplated to impose any tax on our own citizens for the use of these fisheries in home consumption. The chief tax proposed to be imposed for the use of these fisheries, will be upon non-residents of Florida, who furnish the Cuba markets. This will induce many to settle amongst us, and add'to our population—the true wealth arid strength of a State. The regulations in Havana, with respect to onr citizens on the subject of the fish monopoly, are peculiar, and could they dispense with our fishermen, they would doubtless be prohibitory.A little countervailing regulation for the benefit of Americans, may,till the Cubians cease to eat fish,be of salutary effect. It is believed 20 per cent, can be exacted for all fresh fish carried to Havana, without decreasing the profit of those employed in catching them, but which tax would either have to be deducted b/ the monopolist from his profits, or paid by the Cuba consumer. There is no dangerof our losing the market, or of its decreasing, as to demand. These fish are an article of necessity there, arid they cannot be got anywhere else than Florida, if at all, without incurring greater loss than 20 per cent., The Cubians will pay this tax—they will be forced to pay it. They will be convinced it is their policy to do so. There aye
219

no arguments so irresistible as those proceeding from the stomachs No rebellion is so formidable, as one growing out of such grievances; a people may dispense with-ribbons and laces, calicoes and bioad cloths, and other articles of luxury; and use coarser fabrics, but we thinkitmustbereceived asafact, that no people canexistwithout food. For the use of. these fisheries, the Cubians should pay an equivalent—no war need be declared by the federal government againgt Spain, to enforce such payment. An intestine force in Cuba, will enforce our laws, exacting the tax, without trouble toms. It is believed-at 20 per cent., the proceeds of such annual tax into the Treasury, after deducting all expense for collecting, would be at least §30,000 annually.
The right and policy, and susceptibility of these fisheries being so regulated by law, the only remaining question is, as to the modus operandi. What enactments shall be made—what details put into the law, to enforce such right, and establish this policy 1 This is the greatdifficulty. Upon this subject, the Committee deem it proper to suggest that to the first legislature of the State should be deferred definite action on this important subject. The Committee now deem it best to decline suggesting at present, the details of such law, except as above hinted. The first legislature of the State, should not act hastily, or without full advisement and deliberation, nor without all the information fiom certain and unequivocal data, that can be had. To obtain that information, this committee deem it advisable that the t House should adopt the resolutions reported herewith. With this rec-’ ommendation, the suggestion that it would be useful to publish all the information received by the Executive from time to time on this subject under them, they ask to be discharged from the further consider^ ation of the subject-I. FERGUSON, Jr., Chairman.
Resolved by the House of Representatives of Florida, That the Governor of Florida be requested to address the Secretary of State of theU. S., and ask that copies of all communications on file in his department from the Spanish or British Governments, respecting the fisheries on the coast of Florida, and the replies of the -American Government to sqch communications and copies of the correspondence with the Territorial government, and said Department in rela
, tion thereto, may be furnished the Governor of FloHaa for publication
\ for the information of the peoplfe of Florida; and also that the Governor solicit from the Secretary of State, instructions to the U. Si \Consuls and agents in Cuba and other West India Islands, to procuresuch information as the Governor of Florida, or the Commissioners named in the resolution following, may request of them, in relation to these fisheries, and to communicate it to them, to be laid before the next legislature of Florida. Resolvedfurther, That the Governor of Florida, be requested to address such persons as may probably render the information desired and make enquiries—as to the character, extent, value and localityof the fisheries on the southern coast of Florida—and of the practicability of being made to yield a revenue to the State, and the properdetails of a law regulating them, with such views, and the cheapest
220
C

and most advisable mode of enforcing it; also the number of vessels employed in. the fisheries, the number of the crew ofeach, the names of vessels and owners and masters, and witere they hail from—the quantityandhind of fish annually caught—the fishing seasons—the value of the fish—where sold, and the price obtained for them—the estimated profits of the fishermen—the regulations under which they are sold—the effect of a tax being levied upon those who use these fisheries—how those fish that are.cured, are cured—whether, and if so, how the use of the fisheries can be extended—whether fish cannpt he furnished from the Floiida fisheries for the Western and Northern markets.
Resolvedfarther, That Hon. W. Marvin, S. R. Mallory, Esq., O. O’Hara, Esq., P. J. Eontane,Esq., L. W. Smith, Esq., A. Patterson, Esq., and Chas. Howe, Esq., of Monroe County, the Collector of the Customs of Key West, Wm. F. English, Esq., of Dade county,and S. Peck, Esq., of St. Lucie County, be, and they are requested to act as Commissioners, to collect such infot mation, and coromunicate to the Governor of Florida, to be laid before-the next legislature thereof.
[Extract from the message of J, D. Westcott, acting Governor of
Florida, to the Legislative Cohncil, in January, 1832.]
There is no subject involved in the scope of our duties, that I deem ofmore importance to the interests ofthe Territory, than the regulation by law, of thfe valuable fisheries, in the waters adjacent to the islands and keys, and in the bays and -souuds, and on the coasts of our Territory, and their protection from the intrusion of foreigners. In September last, the Governor received a communication from the State Department, informing him that the British Minister at Washington, at the instance of the Governor of the Bahama Islands, had madeapplication to the General Government inbehalfoftheinhabitants of thoso Islands, for permission to “ catch fish and turtle on the coastR of Florida and he requested him to Jfurnisn any information he might possess relating to the subject. The letter of Mr, Brent, acting secretaryofState,anda copyoftheansweroftheGovernor, are herewith submitted to the Council. Upon a perusal of this correspondence, it will be seen that the rights and interests of the people of FJorida, in regard to these highly valuable natural privileges, are fully sustained in the reply of the Governor; and it will, I am confident, occasion the favor asked for, to be with-held. These fisheries are, it isbelieved, whollywithinthelocaljurisdiction oftheTerritory, and subject to the control and regulation of the Legislature. Ofthe practicabilityofmadihgthemasource ofconsiderable revenue to our local Treasury, 1 do not entertain a. doubt. All that is wanting is a, proper and judicious law, and faithful agents to execute it. I am precluded on this occasion by the limits prescribed for this pa-paper, from any discussion of the various important questions, arisingin the consideration pfthis subject, but the letter of the Governor to Mr. Livingston,*which I have referred to the Council, notices'some of them, and entirely concur with him in the views and opinions ha
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has there advanced-This subject was brought before-the-last Council by the' member from Washington and Walton, but the session being too far advanced when it was introducedj to admit of its praper consideration, it wag deferred. It is now agrin submitted to the wisdom of the Council, with a hope that it will not be permitted to passby without definite consideration. It is advisable that the express consent of Congress to such lavras you may pass on this subject be obtained before it ig put into foree. . 0
Extract from, the Report of the Committee on the State of the
â–  Territory, 1832 :.
“ The Committee on the state of the. Territory, to whom was-re. ferred so much of the acting Governor’s message as relates to the Fisheries on'the coast of Florida,'respectfully Report i
“ That they accord with the acting Governor in the opinions advanced in his messagh, as to the importance and value of these fisheries to the people of'FJorida ; their susceptibility of being made a source ofconsiderable revenue to our treasury, and.oftheir being a proper subject for legislative action, with-such view. -“ The committee do not consider it necessary to make any prolixdescantation on the various interesting and important questions ofintemational and constitutional law, and’of natural Tight, which grow out of this subject. The correspondence between the.state department and the Governor of this Territory, which has been referred to the Council, is full apd satisfactory on most of these questions, and the committee Would respectfully suggest-the expediency of its publication, that a full understanding of the subject may be had, as well by our fellow citizens ofthe States, as also by the people of Florida,— The committee have, however, thought proper to answer-two or three objections to the measures they propose in relation to this subject, whioh have not been fully noticed in that correspondence.
“ It has been urged that the laws of nations would not justify the appropriation ofthese fisheries to ourselves exclusively. The Committee would remark,.that the British Government have admitted our right to do so, by asking for the use of these fisheries (is afavor.— But we do not desire to avail ourselves of any advantage that may. be derived from such concession; nor do we fear a reference to the laws of-nations. v
“Yattel, among otherihings on this subject, say? ii The various usesofthe sea near its coast, render itv.ery susceptibleofproperty.People there fish and draw from thence shells, pparls, amber, &c. The nhtion to whom the coasts belong, may appropriate to itself an advantage which it. is considered as having taken possession of, and made a profit of it, in the same manner as it may possess thq domain of the land it inhabits. If a nation has fishing on its coast, that is particularly advantageous,"and ofwhich itmay become master, shall it not be permitted to appropriate this natural advantage to itself-as a dependence ou the country it possesses, apd if there are a sufficient number of fish to furnish the neighboringnations, of reserving to itselfthe great advantage it may receive from them by commerce.
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« A nation-may appropriate things where the free and' common use
"A

of them would be prejudicial or dangerous.^This is a second reason why powers extend their dominion over the sea, along the coast as far as they are able to protect their right.
“ The banks of the sea belong incontestibly to the nations that possess the-country of which it is a part, and these are the number of public things. 0
“ 5V11 we have sajd of the parts ofthe sea, near the coast, may be said more particularly, and with much greater reason o£ the roads, '-hays, andstraits, asstillmorecapable ofbeingoccupied,andofgreater importance to the safety of the country.”
■Marten, also, in his treatise on the laws of nations, on this subject, says: “ The sea siimranding the coast, as well as those parts of it which are land-locked, siich as the roads,' little bays, gulphs, &c., as those which are situated within cannon shot of the shore, (that is within the distance of three leagues) are so entirely the property,and subject to the dominion of the master of the coast, that he has the exclusive right to all the produce of it, whether ordinary or accidental, as far as relates to ’things unclaimed by any other lawful proprietor.”
The waters and fisheries over which we seek to extend our laws are peculiarly embraced in the description given by these authors, as beingproperly appurtenant totbe adjacent shores,' and subject to the exclusive enjoyment and entire control of its sovereign. The committee reiterate the statement made by the Governor in the correspondence above alluded to, that these fisheries are wholly local in their character. In this rfespect, they are different from the mackerel, cod, and whale fisheries of the north. Our fisheries are not in the open sea, but near to, and under the coast, in shoal soundings, and within the straits, bays, and sounds, and amongst the islands of the southern part of Florida, and many of those engaged in these fishevies, dry the fish caught, on the shores of Florida.
• The exclusive right of piscary in the inhabitants of the adjacent coast, is anatural right, founded-on the natural appurtenancy of the fisheries to that coast,' and the necessity of its existence,-for the safety and welfare of the nation. The use of local fisheries by foreigners, to use the words of Vattel, “ might be' prejudicial and dangerous.” Contagious diseases might be thus introduced, the country would be more exposed to an enemy approaching'by sea; and facilities for exciting domestic disturbances, by such enemy, would be afforded.—
■Some writers have formerly contended that the right could not appertain, if the fisheries were inexaustible, and that a necessity must exist for this exclusive appropriation. This doctrine is, however, ’ longsince exploded, and the right recognized, as founded upon the broad and arbitrary principle, that every nation has a right to such'exclusive appropriation, for the extension, of *her commerce, and even for convenience merely. f
•Butithasbeen contended, that(admitting the premisesas,to the laws of nations, which the'committee contend for,) the/erritorial leg
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323
islature is not the “ sovereign” to whom the power of regulating these fisheries belongs. ' ‘ ‘
The committee, however, are of Opinion, that this pdsition is-untenable. -Congressintheorganisation ofourterritorial government,expressly delegated the legislative power-over all rightful -subjects pf legislation” jn this Cerritoryj to the.governor and council. The right of revision is only reserved to Oongress by the Organic laws, and with regard to our local and municipal regulations, especially should the exercise of.the powers ofCongress be confined to this reservation. In the plenitude and omnipotence of the power of the general government over her territories, unrestrained by any constitutional provision, Congress can, without doubt, repeal these laws, and even establish a military government in Florida j but would such anactbeconsonant tojustice, orright,orpropriety. Equally unjustand improper would it be, for Congress to interfere directly with these fisheries, a subject most emphatically of mere local and municipal legislation. But if Congress dhose to exercise such power in defiance ofreason and power, itcouldonlybe d6ne,forthe exclusive benefit ofthe inhabitants-ofFlorida. The power oflegislation over thesefisheries cannot attach to Congress in its character of a national legislature, but arises solely from the right oftemporary control over us in our present situation. The .property in these fisheries, it is considered by the committee, is exclusively in the people of Florida. The possession'of such property, nor its regulation by the national government, is not recognized by the constitution. The right.ofpiscary isin nowiseconnected withtherightofnavigation.The regulation of the latter right, belongs, (it is admitted,) exclusively to Congress, and it does not conflict with the regulation of the former, as claimed forthe local legislature. ‘ *
'IfFloridawere a State,herrighttoregulatethese.fisheries would be indisputable, and the committee belieye that the rights and privileges ofthepeople ofFlorid^in thisregard, are innoway different fromthoseenjoyed by the citizens ofthe States. Bythetreaty with Spain, by which the Eloridas were ceded to the United States, the citizens of this ceded territory are admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States.
Entertaining these views, and believing that properly regulated, those fisheries may be made a source of considerable revenue to the territory, the committee beg leave to offerfa bill to be entitled, “ An Act for the yrotection of the fisheries on the cpast of Florida, and to raise a revenue therefrom to this Territory.
The committee have experienced no little difficulty with regard to the details of this bill. The subject is one difficult to legislate upon,and they are not’satisfied that the provisions ofthe bill presented will fulfil the purposes intended. The law. contains no restrictions upon our own citizens, but is only intended to prevented the encroachment? of foreigners. The law will not be enforced until it has been sanctioned by Congress. It is suggested by the committee that the aid of the General Government is necessary to the enforcement of this act.
224


If the ll. S. would employ a small vesseLon this service, for a year or two, all the necessary aid would he afforded, butif not disposed to dothis, instructions totheirvariousofficers of thecustoms,to render all the aid in their power, would be beneficial. The necessity and propriety of rendering us this aid, is more obvious, from the fact, that the persons,engaged in these fisheries, trade with the Indians on our coast rnd employ them as fishermen and seamen. ’
[Extract fromaletterofthe Governor ofFloridatotheSecretary of State ofthe United States.]
ExscurivE Office, )Tallahassee, Florida, October 7, 1831. $
Sir—*The communication from the State Department of the 25th August last, relating to the fisheries on the Coast of Florida, and requesting information as to the propriety of withholding or grantingthe accommodation appliedffor by the British Minister, in behalf of theinhabitants ofthe,Bahamas,to catch, fishand turtle onthecoasts ofFlorida, was received induecourseofmail.
The terms of the application, as gathered from the communication from the Department, would induce the impression that the privilegeasked for was ofminor importance ; but such opinion would be erroneous.
f
It has been estimated that the fish and turtle taken in the fisheries on the coast, and in the waters contiguous to the Islands and Keys of Florida, are sold in the Havana,’ and other places in Cuba, exceed one hundred thousand dollars annually. There are, besides, manysoldandconsumed intheUnited States, andelsewhere. Thereare a number ofvessels, generally smacks, from twenty to fifty tons burthen, employed solely in that business, and several persons persons pursue it, and also the employment of salvors or wreckers in the ;same vessels. Some years ago, these fisherios were refered to by a cntleman,—‘[Cob James Gadsden, vide his reports in 1825, in Jong. Doc.[—very competent to judge in this respect, in a report made to the Government, of an exploration of the Peninsula, as a topographical engineer,'as oneofthe mostvaluable.resources ofthe country. More recently, other1 intelligent gentlemen, who have taken an interest in this subject, and have made investigations to arrive at the Value of these fisheries, and the practicability of their regulation by law for such purpose, have advanced the opinion that they can be made the source of considerable revenue to our local treasuiy. At the last session of the Territorial Legislature, the Judiciary Committee ofthe Council were instructed to inquire into the subject with that object, but for want of time to pay that attention to the subject its importance demanded, it was deferred to the next session of the Council, in January, 1832. The la-y proposed by those who brought the subject forward, I am informed, required all persons taking fish, with intent to carry them out ofthe Territory, whethe1' foreigners or not, and whether the fish were carried to foreign portsdrnot,to procure apermitforthatpurpose,and topayan officer ap
225


pointed by the Territorial authorities a certain amount imposed as ait equivalent for such privilege, and regulated by the quantity of fish carried atvay. it created a forfeiture of Vessel and cargo, and an infliction of personal penalties for its violation.’ It is expected that a similar law will be proposed at the approaching session in January next, and will probably be enacted, and application will also most probably be made to Congress for aid in its enforcement, as otherwise obstacles may arise to an effectual and complete execution of its provisions. If the General Government should regard it as con. trary to sound policy, as an -unwarranted assumption of power, as conflicting with the interests of the United States, or as interfering with its engagements to, or the spirit of courtesy proper to be observed to the British Government, as-it is subject to the revision of Congress, it can, ifadvisable, be abrogated before its enforcement is attempted.
The fish and turtle are chiefly, (if not all,) taken in the sounds, bays, &c., on the coast and in the waters contiguous to and between the Islands and Keys, and in shoal waters, and it is believed will be admitted entirely within’the local jurisdiction. It is contended by some of those of oUr citizens, who have interested themselves in the subject, that the right of •piscary in'the waters is wholly heed, and belongs exclusively and solely to the citizens of Florida. This exclusive claim is founded upon their inhabitancy of the country, to which these fisheries naturally and geographically appertain. They are notsufficiently beyond the heal jurisdiction, as to render them of the national character of the .mackerel, cod and whale fisheries, and to place them under the control and protection of the nationed government. It is also urged that, if the general government have controloverthisrightofpiscary, itis owingtooursituationatthistime, (being only a Territory,) and that, when we become a State, this right, and the entire regulation of these fisheries, will revert to the
State government, as appertinent to the local or State sovereignty. There are also those who deny any authority in Congress, even at thistime, to interfere with the fisheries, except in the revision of our Territorial laws, (as prescribed in ourOrganic Act.”) It is not considered necessary or proper on this occasion, to offer arguments to showwhetherail,oranyoftheseviews oftherightsofthe general government, and of the people of Florida are false or sound—they can be as'properly and justly weighed, without the very humble aid I could render. The most entire confidence is reposed, that no measure, compromiting the rights or interests of our citizens, beyondwhatit is theirduty, asgoodcitizens, cheerfully to acquiesce in, nor any course tending to fetter the State government, which it is trusted is soon to be organized in Florida, will be pursued by those now intrusted with the administration ofthe General Government.
It would seem that the British Minister is under the impression
that the inhabitants of the Bahamas enjoyed the accQmmodation
asked for, before the cession of the Floridas to the United States,
and until the British West India Islands weie closed to thp commerce
29
m
of the United States, and that the nccnromodatimvs was refused to S®
otthe

continuedinconsequence ofthisrestriction onourcommerce.
Thatnopersonsofanynationwereprevented from fishingwSan
thewaters ofFlorida,before thecession, andalsofromdoingmany
other things, since prohibited by our laws is correct, the extensksamr
the power of fishing, as there enjoyed hy strangers did not canSha
withtheinterests oftheSpanishpopulationofFlorida* Thenumbsr
of Floridians then employed in the fisheries was, compared to Sir
number now engaged, quite limited. In foot, as those employes! an
the business supplied Havana and Matansas, as inducements to fcpnr
them rather than otherwise, exercised with the Spanish authcifiaas,
The Spanish population of Florida, for years previous, to the sessnn,
did not equal one-eight of the present number of its inhabitants, iir
was confined chiefly to the cities of St. Augustine and PensssslSn,
andtheirvicinity. Iftheyhadbeen disposed cottopermit, teeyInfo
notthepowertoprevent foeuse ofthesefisheries hystrangers.
Which report was received, and foe resolutions adopted.
Mr. Ferguson, from foe Judiciary Committee, to which, webb®.
forced anacttoadmitcopies ofDeeds and ether instalments ti-sqfii
ting to he given in evidence offoe Geests la this Territory, isgsimdi
foe same to foe Hcusa without amendment.
Which hill was read foe second fens, foa rales waived, resditfia:
thirdtime, andpassed,with foe fidsas staled.
Mr. Bush, iromfoe Committee on Enrolled Bills, made foe £33bk.
ingreport;
The Committee cn Enrolled Bins have examined fee fiSssing
hills and resolutions, and find them cstrreefiy enrolled, viz:
1. Anacttoprescribe fenstoregsfeta jnoc&esfoigs before
ces offee Peace, Coroners andetherefSzersiafes Territory drHlz' rida.
2.
Anact toamendfeeseveral setsretsfeg taBsporithms.

3.
Resefetiefis asfemg Congress to & permanesiiy fee Nashua line of Fiends.


4» An act dedaring HSMssoseis. River & navigaMs stosscs. and: for ether purposes.
5.
An act to regulate foe cSotags of &s pert ci Si. Marfa.

6.
An act ta ssspecsi fee revenue laws fcr fos year 02® tfrrraadi . eight hundred and forty-gra, and for cfesr pergeses.

7.
Anact toafar andsEths tnaecfEciEcg foaSpringTerm! of the Superior Courtcf WafadTa. cceuJj.


S. in act to aafoorssa Basal L. Pafasr to hcS3 a To3 Bm^rwife Sccd-gaia and !§&%. across-St. PaEfo Crasi. cs fee S. JcfiffiS'
River. *
9. An act ta assfocssa 6ecsg3 W. to esta&Sfes Fenny assess fee EscambSs Rives. AB VE&5A 5;. resnw.rt?r!'!a
' A-H-SCSSj CSseiessw Wh&fo. was recesvejL
Hi$

His Excellency the Governor transmitted to the House the follow
ing message i , *
Executive Department, )
Tallahassee, March 3d, 1845. $
Gentlemen of the Senate and House of Representatives :
Ihereby nominatethefollowingpersons forthe countieshereinafter named :
Washington County—Justices of the Peace, Joseph B. Lockey,Nathaniel Miller, Jasper Sanders, Timothy B. Kingsbury, Jehu Keith, James Cravy, CharlesPorter, Stephen Daniel, Samuel Mitchell, John Wooten.
Auctioner, John W. Cook.
Notary Public, David Mitchell.
Duval County—Justices ofthe Peace, A. D. Hall, JohnPrice, Jr.,
D. L. Palmer, Albert Reux, Charles Dibble, L. S. Bennett, John
M. J. Bowden, John Houstin, Sam’l. Summers, John R. Mitchell,
S. D. Fernandez. Auctioneers, John H. Gunby, William Hickman, A. J. Philps,
George Acosta, Thomas Ledwith, Anthony Canova. Port Wardens, John H. Gunby, John M. Pons, Chester Bisbee, S.
D. Fernandez, Charles Willey.
' Benton County—Justice of the Peace, William Cooley.
Notary Public, Thomas Chave.
St. Lucie County—Notary Public, C. L. Brayton.
Nassau County—Justices of the Peace, Josiah Lewis, William Harris, William Blount, James Wilson, Daniel Yaughan, Thomas Wingate, Alexander Braddock.
Auctioneer, John A. Cavado.
Notary Public, John A. Cavado.
I have the honor to be, your obedient servant, JN. BRANCH. Which was read, and the nominations therein advised and consented to.
Onmotionof Mr. Crichton,thenominations ofhisExcellency the Governor, communicated to this House on the 26th ultimo, and laid on the table, were taken up and advised and consented to.
On motion of Mr. Hart, a committee of one was appointed to wait on the Senate, and ascertain if his Excellency the Governor transmitted to that body copies of nominations sent to this House, or ifit were necessary for the two Houses to communicate to each other such communications;
Mr. Hart was appointed said committee. The Senate transmitted to the House-the following message : Senate Qkambbk, March 8,1845.
Sim. Speaker House ofRepresentatives:
Sir: The Senate has receded from its amendments to the bill from tbe House, entitled An act td authorize Mallttda Folsom, &d» mini8tratrix, dsc., to soil certain refil estate.
The Senate ha3 passed the bill from the House entitled. An act td
228


provide for the. election of Justices of the Peace, with the followingamendments : Insert the words, “ or more” after the word “ tWo” in the seventh line of the first section of the printed hill. Irjsert the words “ by removal or otherwise,” after the word “ Districts,” in the second line ofthe fifth section of the printed bill.
Strike out the word “ his” after “ of” in the fifth line of the same section, and insert the word “ the” in its place.
The Senate concurs in the amendments by the House to the bill entitled, An act to amend the law approved March 15, 1844, to incorporate the inhabitants of the diffeient Townships of this Territory.
Also, in the amendments by the House to the bill entitled, An act to reduce the expenditures ofthe Government, provide for the election of Auditor, and for other purposes.
The Senate has passed the bill from the House entitled, An act to provideforthe erection ofapublicJailandpremises, inthecountyof Monroe, by the requisite majority, ovbr the veto of the Governor.— (See the endorsement on the bill.)
Your obedient servant,
THOS. F, KING, Secretary Senate.
Which was readvand the amendments ofthe Senate to an act to provide for the election of Justices of the Peace, were concurred in.
The Senate returned to the House the following bills : ,
An act to provide for holding the County ond.Superior Courts for
Calhoun county ; passed by the Senate without amendment. A bill to be entitled, An act to incorporate Dade Lodge No. 14, in the city ofKey West; passed by the Senate without amendment.
An act to amend act relative to roads and highways in Nassau county, approved March 14,1844 ,• passed by the Senate without a. mendment.
An act to secure certain rights to women; passed by the Senate without amendment. An act to organize a County’ to be called Levy county ; passed bythe Senate without amendment. An act to annex a part of Jackson county to Calhoun county; passed by the Senate without amendment. TheHousereceived from theSenateabilltobeentitled,Anactde
claring Dry Creek m,Jackson county a navigable stream ;
Which was placed with the orders.
Also, a preamble anil resolutionrelative to the release of stock in the Union Bank ;
Which was placed with the orders.
'i ORDERS OF THE DAY.
The report of the Cammifee on Corporations, made the Special order for yesterday, was taken up, and postponed until to-morrow.
On the question of the postponement, Messrs. Heir and Mayscalled for the .yeas and nays', which were, i
Yeas—Mr. Speakei, Messis. Allison, Baldwin, Brown, Chapman,
.229
Crichton, Ferguson, Haddock, Hart, Ivey, Mays, Randolph-, Rogers,
Crichton,

Turner—14. ” i jSTays—Messrs. Bush, Gromartie, Goff, Heir, Long, Loring, Porter, Sanchez, Spencer, Taylor, Walker—11.
An engrossed bill, entitled. An act to provide for the election of a Major (general, and four Brigadier Generals, of the Militia of Florida;
Was read the third time and. passed, with the title as stated. A hill to_be entitled, An act for the relief of Timothy Wightmanand others;
Wasread the secondtime, andreferredto^a select committeeconsisting of three, with instructions to take the accounts for which reliefissought,callontheAuditor,and inquireofthatofficer hisreasons for hot having audited said accounts, and report as soon as possible. Messrs. Brown, Allison and Philips were appointed said committee.
An act to amend the laws respecting crimes and misdemeanors; Was taken up, read the second time, amended, on motion of Mr. Heir, by inserting a section as follows':
Sec. 2. Be itfurther enacted, That all acts and parts of acts conflicting withthe provisions ofthis act,be andthesame arehereby repealed ;
And ordered to be engrossed for-to-morrow. An act for the relief of the Trustees of the Methodist Episcopal Church ofTallahassee ; Was read a second time, rule -waived, read the third time and passed, with the title as stated. On motion the following message from the Senate was taken upfrom the table, viz: Senate Chajibeb, March 4, 1845.
Hon.Speakerofthe House ofRepresentatives:
Sir :'The Senate has passed the bill from the House entitled, An actforthereliefofJohn M.Hanspn,withthefollowing amendments: Insert after the word “ for” in the fourth line, the words “ Duval county in.” Insert after the word “ Hanson,” in the ninth line, the words “ and that he.”
The Senate has passed the bill from the House entitled, An act to amend an act relating to crimes and misdemeanors, with the following amendments: Strike out all between the words “ not” and “ ten,” in the 13th and 14th lines of the 4th section, and inserting “ exceeding.” Strike out all between the words not” and “ more,” in the 15th and 16th lines of the same section. •
Tp which they ask the concurrence ofthe House. Your obedient servant, THOS. F. KING, Secretary Senate. Whichwas read, and onthe questioifofconcurring intheamendments of the Senate, the ayes and noes were called for by Messrs. . Heir and Allison, and were : • . Yeas-rMr. Speaker, Messrs. Baldwin, Brown, Cromartie, Bush,
230


Goff, Hart, Loring, Patterson, Rogers, Spencer, Sanchez, Taylor,Walker—14. Nays—Messrs. Allison, Chapman,Crichton, Haddock, Heir, Ivey,
Long, Mays, McClellan, Philips, Randolph, Turner—12."
So the amendments were concurred in.
A Resolution from the Senate, requesting the Delegate in Con
gresstoapplyforpaymentofservices ofmenunder thecommandof Capt. Allen G. Johnson, Was read the first time, and referred to the Committee on Preambles and Resolutions. __ • Mr. Bush, from the Committee bn Engrossed Bills, reported as correctly engrossed, '
An Act to secure certain rights to Women.
The Hoifse took a recess until halfpast 3 o’clock, P. M.
HALF PAST 3 O’CLOCK.
Therenot being a quorum present, on motion,
The House adjourned until to-morrow, 10 o’clock. .
Wednesday, 5th March,. 1845.
The House met pursuant to adjournment, and a quorum being present the Journal of yesterday’s proceedings was read.
On motion of Mr. Brown, a bill entitled, an pet concerning Replevin, was taken from the table and placed ambng the orders of the day.A committee from the Senate waited with the following message,
viz:
The committee appointed from the Senate to wait on the House of Representatives, inform the Hoqse that the committee are instructed to request-the House of Representatives to return a bill entitled, an act to annex a part of Jackson county to Calhoun county, which bill, ifpassed by the Senate, was passed by mistake; and request from this House an answer.
t N. A. LONG, Chairman.
Mr. Heir offered the following resolution:
Be it resolved, That the Housedirect the committee on the part of the Senate to request the House to return the bill entitled, an act to annex a part ofJackson county to Calhoun county, reported by’ the Senate on the 4th March as passed without amendment by that body, and as appears by the journal under the official signature of the Secretary of that body, and also by the minutes of the Senate of the 3d March, which was confirmed by that body on the 4th March, to inforrnthe honorableSenate*that it is not within the province of this House, without a disregard to all parliamentary usages,and injustice to the absent friends of the bill, to take any-further action upon the subject, except to send it to the Governor for apprbval
6r rejection.
231


On tjie question of adopting the above resolution, the yeas and nays were called for by Messrs. Allison and Heir, and were: Teas—Messrs. Baldwin, Heir, Ivey, Patterson, Porter, Rogers,Sanchez and Taylor—7.
Nays—Mr. Speaker, Messrs. Allison, Brown, Bush, Chapman,Ferguson, Haddock, Hart, Loring, Mays, Randolph, Spencer, and Turner—13.
The Chair decided the resolution rejected. 'Mr. Baldwin raised a pointoforder astothevotejust taken, beingless than a quorum.
The Chair decided that if there be a quorum present it was not necessary for a quorum to vote on a question, and that when this question was put to the House there was a quorum.present, and that'whenthe name of Mr. Walker was called by the Secretary, thpt gentleman stated he did not wish to vote. The Chair, therefore, decided the resolution rejected-.
Mr. Baldwin appealed from the decision of the Chair; upon which the yeas and nays were called for by Messrs. Baldwin and Sanchez, which were as follows: ®
Yeas—Messrs. Allison, Brown, Bush, Chapman, Crichton, Ferguson, Hart, Loring, Mays, Patterson, Rogers, Sanchez, Spencer, Turner and Walker—15.'
Nays—Messrs..Baldwin, Heir, Ivey and Porter—4.
So the decision of the Chair was sustained.
Mr. Brown offered the following resolution : «
Eesolved, That, in consequence of the message from the Senate just received, the committee on Enrolled Bills be instructed to return the bill to this House, to bp returned, to the Senate.
On the question of adopting the resolution offered by Mr. Brown, the yeas and nays were called for by Messrs. Allison and Heir, and were :
Yeas—Mr. Speaker, Messrs. Allison, Brown, Bush, Ferguson,Haddock, Hart, Loring, Mays, Patterson, Spencer and Walker—12. Nays—Messrs. Baldwin, Chapjnan, Crichton, Heir, Ivey, Porter,
Rogers, Sanchez, Taylor and Turner—10.
So the resolution was adopted, the chairman of the commjttee on EnrolledBills returned the bill in question, which was delivered bythe Speaker.to the committee from the Senate.
The Secretary forwarded to his Excellency fhe Governor the following cojnmunication. :â–º House of Representatives, 5th March, 1845. To his Excellency John Branch, ' Governor ofFlorida:
Sir: The following Acts and Resolutions passed by the two
Housep, are forwarded for approval, viz:
1. An Act to prescribe forms to legulate proceedings before Justins of the Peace, Coroners, and other officers in the Territory of Florida.
2, An Act to amend the several Acts relating to Depositions.
232


3+ Resolutions asking Congress to fix permanently tM northern line of Florida.
4.
An Act'declaring Hillsborough River anavigable stream, and for other purposes.

5.
AnActtoregulate thePilotageofthePortof"St.Marks.

6.
An Act to suspend the Revenue Laws for the year 1845, and for other purposes.

7.
AnActtoalterandfix thetimeofholdingtheSpringTerm,of the Superior Courtfor Wakulla county.

8.
An Act to authorize David L. Palmer to build a toll bridge, with flood gate andbike, across St. Pablo creek, on the St. John's River.

9.
"An Act to authorize George W. Thompson to establish a feny across the Escambia River.

10.
An Act to secure certain rights to Women. Attest. H. ARCHER, Sec’y Ho. Rep.Mr. Bush from the committee on Enrolled Bills made the following report:


The Coriftnittee on Enrolled Bills have examined the followingbills, and find them correctly enrolled, viz:
1.
AnActtoamend anactrelating toCrimes and Misdemeanors.

2.
An Act for the relief of John M. Hanson.

3.
An Act to provide'for the election of Justices of the Peace.

4.
AnActtoprovideforholding1heCountyandSuperior Courts in and for Calhoun county.

5.
*An Act to amend an act relating to Roads' and Highways in Nassaucflunty, approved 14th March, 1844.

6.
An Act to annex apart ofJackson county to Calhoun county.

7.
An Act to authorize Malinda Folsom, widow and administratrix ofBryant Folsom, deceased, late ofJefferson county, to sell certam real estate.

8.
An Aet to'cstablish a Board of Commissioner^ of Pilotage for the harbors andwaters ofApalachicola.'

9.
An Act to incorporate Dade Lodge, No. 14, in the City ofKeyWest.

10.
An Act to authorize Henry E. Purviance to establish a ferry on the Suwannee River.

11.
An Act to amend an act entitled an act to establish a Board ofPort Wardens and Commissioners of Wrecks for the port of Apalachicola. ^

12.
AnActfor-thereliefofDavid D. Young.All which is respectfully submitted.


A. H. BUSH, Chairman. Which was received. On motion ofMr. Allison, ahill entitled, An act torepeal an act to
amend an act establishing a tariff of fees, passed 15th March, 1844, and for other purposes, was taken from the table and placed amongthe orders. ‘
His Excellency the Governor transmitted to the House the following message :
233


-Executive Office, ?
Tallahassee, March 5,’ 1845..$ Gentlemsre ofthe Senate and House of Representatives:
•
I approve, heartily approve, a “ memorial and resolutions to Congress asking remuneration for losses in the Indian war,” adopted bythe Legislature. • I have the honor to be,
Your obedient Servant,
JN, BRANCH. ‘
Which was read.
Mr. Heir, from the committed on preambles and resolutions, to which had been referred a preamble and'resolutions relating to an application to Congress for payment ofservices ofmen in servfce under Capt. Allen G. Johnson, reported the same to the Housp without amendment. '
Which report was received, and the preamble and resolutions placed with the orders.
The Senate returned to the House a resolution relative to the e’stablishment ofa Post Office at Jackson’s Landing, in Calhoun county ; passed by the Senate without amendment.
Also, an act to authorize Stanislaus Glinski to establish a ferry a-» cross the St. John’s River, at Pflatka; passed by the Senate without amendment. s
Also, an act to change the time ofholding the Superior Courts in the Eastern District of Florida; passed by the Senate without amendment. 1
The Senate returned to the .House an act to organize and regulatetheMilitia oftheTerritory ofFlorida, and torepeal allformer acts in relation to the same, with the.following message :
Senate Chamber, March 5, 1845. .
Hon. Speaker House of Representatives ;
Sir—The Senate has passed the bill from the House entitled, An Act to organize and regulate the Militia of* the Territory of Florida, and to repeal all former acts in relation to the same, with the follow! ing amendments:
Inthe secondsection—(see* appendagetothe secondsectionofthe printed bill.)
Strike out the second rule in the seventh section.
Strike out the word “ civil” in the seventh rule of the seventh section, and insert the word “'judicial” in its place. Strike out the words “at least” in*the first line ofthe sixteenth section. Strike outtheword “five” inthefourthlineofthe eighteenthsection, and insert “ ten.” After the word “same,’’ in the third line,ofthe twenty-eighth section, insert, “ after paying all necessary and proper expenses thereof.”
After the word “ act,” in the third line ofthe thirtieth section, insert the following, “specifying particularly the judgment of said Court.”
30
234


After the word “five,” in the same section insert, “within ten dajs after its imposition.” Add the following as the thirty-second section of the bill—{see appendage to the bill.) *
Make the thirty-second section of the printed bill the thirty-third.
In the second line of the thirty-second section ofthe printed bill, after the word “ Territory,’? insert, “ that conflict with, this act.” In the title ofthe bill, strike out, “ and to repeal all former acts in relation to the same.’’ Your ob’t servant, TUGS. F, KING, . . Secretary Senate.
Which was read, the amendments of the Senate considered and refused. Ordered, that the bill be returned to the Senate, and that that body be informed that this House insist on the original bill.
The following message was received from the Govemo.r:
, , Executive Depaetjieut,.)
Tallahassee, March 5, 1845, $
Gentlemen of the Senate and HouseofRepresentatives ;
I hereby nominate the following persons for the counties herein named:
Monroe County—Auctioneers? Fernando J. Morano, Charles Robio, Oliver O’Hara, Ben]. Meegin, John R. EvertsQn, George L. Boune, Alexander S. Patterson, Francis Watlington, Joseph C. Wbalton.
Notaries Public : John R. Evertson, Stephen R. Mallory.
Justices ofthe Peace : Philip J. Fontane, Oliver J. Moyes.
Commissioner of Pilotage : Cornelius Curtis.
Port Wardens •„ John H. Geiger, John Walker, James Johnson, Samuel Sanderson, Edward Dexter. Hillsborough County—Auctioneer: M. C. Brown. Justice of the Peace: Rigdon Brown. JeflersonvCounty—Justices of the Peace: Joseph L. Dutton, Peter
Kerr Baillie-andAndrew J.Lea.
Auctioneer: Darius Williams.
I have the honor to be,
Your obedient servant,
,JN. BRANCH.
Which was read, and the nominations advised and consented to, as also thenominationofRobert B.Taylor, Justice ofthePeace and Notary Public, and R. D-Fontane, Auctioneer, for Monroe county,which were on a former day laid on the table.
The-Housetooka recess untilhalfpast3o’clock,P. M.
HAIF-PAST 3 O’CLOCK.
i
ORDERS OF THE DAY.
A bill to be entitled, Ah'act to amend the revenue laws of this Territory, was taken up ;
235


'the House, in committee of the whole, Mr. Heir in the chair, went into tiie consideration of said bill. After some time spent in consideration thereof, the committee rose and reported a substitute for said bill; • , . Whjch report Was received.
On,motion, the House again resolved itself in committee of the wholej Mr. Heir in the Chair, on said bill, viz: An act to amend the revenue laws ofthisTerritory. After sometimethecommitteerose and reported the biU as originally offered, as a substitute, in committee of the whole; .
Which report w,as received and concurred in. Mr. Baldwin offered the following additional-section as an amendment to the bill, viz :
Sec. 6. Be itfurther enacted, That it shall be ^lawful for the citizens ofthe respective counties in this Territory, to electnil.other -officers, civil and judicial, Which are not prohibited by acts*o’f Congress,for theirrespective counties, andthattheybe subjecttothesame regulations, restrictions and penalties, as is now prescribed by law. .
On the question of adopting the proposed amendment, the yeas and nays were called for by Messrs. Baldwin and Haddock, and were:
Yeas—Iffr, Speaker, Messrs. Baldwin, Bush, Heir, Boring, Patterson, Philips, Porter, Rogers, Spencer, Turner and Walker—rl2. Nays—Messrs. Chapman, Crichton, Ferguson, Goff, Haddock, Hart, JVIays, Randolph and Sanchez—49. So the amendment was adopted, and the bill ordered for to-morrow. '
The report of the Committee bn Corporations was taken up ;'
Before the report was disposed of, or Mr. Heir ha3 closed his debate, The House adjourned until to-morrow, l’O o’clock.
Thursday, 6th March, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of yesterday’s proceedings was reaej.
‘Mr. Goff presented a petition from sundry citizens of Hillsborough county, praying for a new county to be divided ’off from said county to be called Manatee county.
Which was read, and referred to a select cotntaittee -to consist of Messrs. Goff, Brown arid Sanchez. Mr. Child presented a petition from sundry citizens of Marion county, praying relief for John M. Hanson. Which was read, and placed among the papers relating to that subject.Mr. Bush, from the Committee on Enrolled Bills, made the'following report:
236


The Committee on Enrolled Bills have examined the following resolutions, And find them correctly^enrolled, viz: *
1.
Resolutions relative to a Light House at or near New Smyrna.

2.
Resolutions asking our Delegate to'’endeavor to* procure from Congress a grant of a quarter sectionoflandfor Washingtoncqunty.

3.
Resolutions askibg of Congress an appropriation for'the to. building of’the Court House in Hillsborough county.

4.
ResolutionsaskingourDelegate toprocureanappropriationfor the payment of the Washington coqnty volunteers.

5.
Resolutions asking; Congress for a quarter section of land for Marion county.All which is respectfully submitted,


,A. H. BUSH, Chairman.
Which was received.
Messrs. Hart, Heir and Rogers were appointed a committee to
wait on his Excellency the Governor, and inform him that some difficulty existed in the action of the two Houses on the subject of nominations, and to confer with the Executive on the subject.
Mr. Spencer offered the following preamble and resolutions : UNITED STATES, To Raymond A. Dominge, Dr. To publishing in the “ Commercial Advertiser,” at Apalachicola, the Laws of Florida passed at the twenty-second session"of the Legislative Council, as per resolution of that body, ”* ---' §125 00
Whereas, the Legislative Council, at their twenty-first session,did pass a resolution, that the laws should be published in a paper at Apalachicola, and in conformity with*that resolution, the laws passed in 1844, have been all published in the Commercial Advertiser: And whereas, there has been no provision of payment for the same, therefore,
Beitresolved bytheGovernor and Legislative CouncilofFlorida, That our Delegate in Congress be requested to present this claim to the consideration of Congress, and ask payment of the same.
Be it further yesolved, That a copy of this account, and this preamble and resolutions, be properly certified and sent to the Hon. David Levy. A
Which were read the first time, rule waived, read the second and third times, and adopted. The Secretary forwarded to his Excellency the Governor the following communication: House of Representatives, 6th March, 1845. To his Excellency John Branch, Governor of Florida:
Sir: The following bills, preamble and resolutions have passed the two Houses, signed by the officers of the same, and forwarded for approval:
1.
An act to amend ah act relating to crimes and misdemeanors.

2.
An act for the relief of John M. Hanson.

3.
An act to provide for the election-of Justices of the Peace.


237

4.' An act to provide for holding the County and Superior Courts in and for Calhodn county. . ’■
5.
An act to amend an act relative to Roads and Highways in Nassau county, approved 14th March, 1844.

6.
An act to annex a part of Jackson county to Calhoun county.

7.
An act to authorize Malipda Folsom, .widow and administratrix of Bryant Folsom, deceased, late of Jefferson county, to sell certain real estate. -’

8.
Anactto establish a.Board ofCommissioners ofPilotagefor the harbors and -waters of Apalachicola.


9 An act to incorporate Dade-Lodge, No. 14, in thfe city of KeyWest.! â–  '
10. An act to authorize Henry E. Perviance to. establish a Ferry on the Suwannee River.
11; An act to amend an act entitled an act to establish a Board of Port Wardens and Commissioners of Wrecks for the port of Apalachicola. •
12. An act for the relief of David D. Young,(Attest) H. ARCHER, Sec’y. Ho. Rep. ' The committee appointed to confer with the Governor on the subject of nominations, reported that they had performed that duty.
Which report was received, and the Secretary directed to communicate to his Excellency such nominations as had been advised arid consented to "by the' House, that the same may be communicated^ to the Senate. ‘ 1
The House received from the Senate the following message : Senate Chamber, March 5, 1845.
Hon. Speaker of Ike Housa of Representatives :
Sfr : The bill from the House entitled, An act to provide for the holding of an additional term of the Superior Court in the Eastern District, has passed the Senate with the following amendments:
Strike out the third section. Strike out' the title, and insert the following in its place—(see appendage to the bill.)The Senate has postponed indefinitely the bill from the House, ended An act to provide for the sale of Equities of Redemption. s Also, the bill entitled An act respecting Corporations. ..Your obedient servant,‘ THOS-F. KING, Secretary Senate."
Which was read, and the amendments of the Senate to the bill entitled, an' act to provide" for the holding of an additional term of the Superior Court in the Eastern District of Florida, were concurred in.
" The Hoqse received from the Senate the follownig bills: An act to amend ah act providing for th’e' change ofvenue in criminal cases, passed by the Senate without amendment. An act to authorize the Court of Santa Rosa to raise a HO’mtyRevenue, passed by the Senate without amendment.
An act to prescribe "the mode of punishment for certain offences in the Southern Judicial District, passed by the Senate without 'amendment.
The Secretary forwarded the fallowing communication to. his Excellency the Governor: House qf Representatives, 6th March, 1845., To his Excellency John Bbanoh, Governor of Florida:
Sip: The following preambles and resolutions have been adoptedby the two Houses of the Legislative Council, and forwarded for yourconsideration; viz: -
1.
Resolutions relative to a Light House at or near New Smyrna,

2.
Resolutions asking our Delegate to endeavor to procure from Congress a quarter section of land for Washington county.

3.
Resolutions asking of Congress an appropriation for rebuilding the Court House in Hillsborough county.


4s Resolutions asking our Delegate to procure an appropriation for the payment of the Washington county volunteers. • *
5. Resolutions asking Congress for a quarter section of land for
Marion county. , f (Attest) H. ARCHER, Sec’y. Ho. Rep,
' ORDERS OF THE DAY.
The report ofthe Committee on Corporations came up first in order, and Mr. Heir having the floor, resumed his speech thereon.
Mr. Mays moved to. lay the report on the table, upon which motion the ayes and noes “were called for by Messrs. Heir and Allison,and were:
Yeas—Messrs. Allison, Baldwin, Brown, Chapman, Cromartie, Ferguson, Goff, Haddock, Mays, Randolph, Rogers, Spencer, Walker—13.
Nays—Mr. Speaker, Messrs. Bpsh, Crichton, Heir, Loring, Patterson,Porter, Sanchez, Taylor—9. /
Mr. Turner was excused from voting on the motion.
Mr. Child asked to be excused fjrojn voting, which not being granted, he refused to vote. So-the motion prevailed, and the report laid on the table. A resolution in relation tt> the payment of an account in favor of
J. C. Jacobi, Was read the second time, rule waived, read the third time, and adopted. ' A bill entitled, An act to amend an act giving a lien to Mechanics in certain cases; . . » . *
Was read a secpnd time. Qn motion, the House resolved itselfin committee of the whole, Mr. Brown in the chap-, Which was received, and. the bill ordered to be engrossed for'tomorrow, . His Excellency the Governor transmitted iq the House the following message :
239
-* Executive Department, ?
Tallahassee, March 6th, 1845. 3
Gentlemen
Gentlemen of the-Senate ' and House of Representatives :
I hereby nominate the following persons for the County of Wakulla : ( For Justice ofthe Peace: Andrew Denham.
For Auctioneers: George JMiller, A. Mu Alexander.
Fer Notary Public: Andrew Denham,
For Tax Collector,: James.'Frederick,
ForFort.Wardens forthePortof St. Marks ;'Peter H.Swaim,
George Miller, A. M. Alexander, R. W. Jenkins, Wm. R. Pettes. For the .County of Alachua—Woodbridge S. Olmsted, Auctioneer. I have the honor to be, your obedient servant,JN. BRANCH. Which was read, .and the nominations therein contained advised npd consented to. * The House adjourned until to-morrow 10,o’clock.
FmpAV, 7th March,. 1845.
The House nfet pursuant to adjournment, and a quorum heing present, thejournal ofyesterdays proceedings was read.
On motion of Mr. Baldwin, a bill entitled,.An Act to amend the. Revenue Laws of ihis Territory, was placed first among the orders ofthe day.
On motion of‘Mr. Heir, An Act to amend an act giving a lien to mechanics in certain case’s, was placed second among the orders.
On motion of Mr. Baldwin, a Joint Cotprnittee'of Compensation was raised, and Messrs. Baldwin, Bush and Crichton were appointed on the part of the House, and ordered to be certified to the Senate,.
Mr. Ferguson moved that.a bill entitled, An Act to facilitate the organization ofa State government, be placed first among the orders ofthe day;
Which motion jvas refused.
Mr. Heir offered the following resolutions:
Resolved by the Governor and Legislating Council of the Territoryof Florida, That our Delegate or Representatives (as the case maybe) in Congress, be requested to use his or their best exertions to procure an appropriation of four dollars per dieni for the payment ofthe Rev. Joshua Phelps,"as Chaplain of the House of Representatives, and a similar compensation for ,the Rev. Aleiander Martin, Chaplain of the Senate, during the present session.
He'dfurther Resolved, That a copy of these resolutions be signed,'and forwarded to gur .Delegate or Representatives, '(as the case may be,) in Congress,’. V’ . , . Which were read'the'fi'rst time, the rule waived, read the second &nd third times, and adopted.
240


Mr-Allison, from a Select Committee, made the following report:
The select coipmittee to whom was recommitted their report made on the petition of sundry citizens of Gadsden County, relative to the establishment of a free bridge over the Ocklockney River, at or near the scite known as Larkins’ Bridge oU said river, with powers to send for persons, beg leave to REPORT ;•
That they have performed that duty, and have taken the depositionsof sundry persons, and also obtained from the clerk’s office of the Superior CourtofLeon County,thetestimonygiveninthesuitofBrown and Stewart vs. Larkins and others, in -chancery, which they herewithreport, with theirformer report, andsubmitthe wholesubject to the consideration of the House, and ask to be discharged from the further consideration thereof. A. K. ALLISON,
Chairman.
Whichwas read and received.
Mr. Allison moved that the rule bb waived for the purpose of suspending the morning business, so that said report might be acted on by the House, upon which‘the yeas and nays were called for byMessrs. Walker and Goff, and were :
Teas—Messrs. Allison, Baldwin, Crichton, Fergusor, Goff, Haddock, Heir, Porter, Randolph and Sanchez—10.
Nays—Mr. Speaker, Messrs. Brown, Bush, Chapman, Child, Hart, Ivey, Loring, Mays, Patterson, Spencer, Turner and Walker —13. o
Sothe motion wasrefused, andthereport placed,amongtheorders. His Excellenoy the Governor transmtted to the House the follow-lowing message:
Executive Depaktjeent, )
Tallahassee; March 7th, 1845. j
Gentlemen, of the Senate. '
and House of Representatives:
1 have approved the following acts and resolutions, of the Legislature, viz:
1st. An act to prescribe forms to regulate proceedings before Justices of the Peace, Coroners and other officers in the Territory of Florida.
2d. An act to amend the several acts relating to depositions. 3d. Resolutions asking Congress to fix permanently the Northern line of Florida. 4th. An act declaring Hillsborough River a navigable stream and for other purposes.
5th. An act to regulate the Pilotage of the Port of St. Marks.
6th. An act to suspend the revenue laws for the year 1845, and for bther purposes. . 7th. An act to alter and fix the time of holding the Spring term of the'Superior Court for’Wakulla County.
8th. An act to authorize David L. Palmer td build a toll bridgewith flood-gate and dike, across St. Pablo, Creek on the, St. John’s River. ' *
241


9th. An act to authorize George W. Thompson to establish a fer
ry across the Escambia stiver. 10th. An act to secure certain rights to women. llth» An act for the relief of John M. Hanson.
I have the honor to be,' . Your ob!£. servant,JN. BRANCH. Whfoh was read.
ORDERS OF THE DAY.
A bill from the' Senate entitled, An Act to amend the Revenue Laws of this Territory, was read the third time, and passed as amended.
A bill to be entitled, An Act to amend an act giving a lien to mechanics in certain cases.
The House, in committee of the whole, Mr. Brown in the chair, went into the consideration of said bill. After some time, the committee rose and reported a substitute for the bill, which report was concurred in. e
The bdl was then read the second time, the rule waived, read a thirdtime, andonthequestion ofitspassage,the ayesandnoeswere called for by Messrs. Heir and Ferguson, and were :
Yeas—Messrs. Allison,. Baldwin, Brown, Crichton, Ferguson, Goff! Heir, Loring, Porter and Spencer—10. Nays—Messrs. Chapman, Child, Haddock, Hait, Ivey, "Slays,
Patterson, Randolph, Rogers, Sanchez and Turner—11. The Speaker was excused from voting.So the bill was rejected.
Mr. Heir moved a reconsideration of the vote just taken. Which motion prevailed. The bill entitled, An Act to amend an act giving a lien to me
chanics in certain cas^s, was again put on its passage, and the ayes and noes were as follows:
Yeas—Mr. Speaker, Messrs. Allison, Baldwin, Brown, Bush, Crichton, Ferguson, Goff, Heir, Loring, Spencer and Walker—12. Nays—Messrs. Chapman, Child, Haddock, Hart, Ivej-, Mays, Pat
terson, Rogers, Sanchez and Turner—10.
So the bill passed, with the title amended, on motion of Mr. Heir, by inserting “ and overseers and others,” after the word mechanics. A bill entitled, An Act to provide against a fiaudulent and depre
ciated currency,
Was read a second time, and on motion, the House resolved itself into a Committee ofthe Whole, Mr. Ferguson’in the Chair, on said bill. After some time, the Committee rose, and reported the bill to the House without amendment. Which report was leceived and concurred in.
Mr. Baldwin moved to strike out the 11th and 12th sections of the bill, on which the yeas and nays were called for by Messrs. Baldwin and Ivey, and were :
31
242


Yeas—Messrs. Baldwin, Brown, Chapman, Hart, Ivey, Patterson and Spencer—7.
Nays—Mr. Speaker, Messrs. Bush, Child, Crichton, Ferguson, Goff, Haddock, Heir, Loring, Mays, Porter, Rogers, Sanchez and Turner—14.
So the motion was lost, and the bill ordered for a third reading to morrow.
A bill entitled, An Act to exempt Homesteads from Execution, attachment and distress,
Was read a third time.
On the question, Shall the bill pass? the yeas and nays were called for by Messrs. Chapman and Ivey, and'were:
Yeas—Messrs. Baldwin, Brown, Bush, Chapman, Child, Crichton, Goff, Hart, Heir, Loring, Patterson, Spencer, Turner and Walker— 14.
Nays—Mr. Speaker, Messrs. Ferguson, Haddock, Ivey, Mays,Rogers and Sanchez—7.
So the bill passed with the title as stated.
Mr. Bush, from the Committee on Enrolled Bills, made the following report: The Committee oh Enrolled Bills have examined the followingbills and resolutions, and find them correctly enrolled, viz :
1. An ac;t to organize a county to be called Levy County.
2.
An act to amend an act to provide for the change of venue in criminal cases.

3.
Anacttoprescribe themodeofpunishmentforcertain offences at Key West, in the Southern Judicial District.

4.
An act to authorize the County of Santa Rosa to raise a CountyRevenue. «

5.
An act to provide for the transfer of records of the SuperiorCourtfromAlachua CountytoBentonCounty,andforotherpurposes.

6.
An act to fix the times of holding the Superior Courts in the Eastern District ofFlorida. «

7.
An act to authorise Stanislaus Glinski to establish a ferry acrosstheSt. John’s River, at Pilatka.

8.
Resolution relative to a Post Office at Jackson’s Landing in


Calhoun County.All which is respectfully submitted.
A. H. BUSH, Chairman.
Which was received.
Abilltobe entitled, AnactforthereliefofAnn Charlotte Kelly;
Was taken up, read a second time, and laid on the table.
A bill to be entitled, An act for the relief of Reuben-Scott,
Was read a second time, rule waived, read a third time and passed,
with the title as stated.
A bill entitled, An act to organize a County to be called Clay
County;
Was read a second time.
Mr. Heir moved to amend the bill by striking out the eighth sec
tion of the bill as follows:
24S


Be itfurther enacted, That the persons residing in the County of Clay shall, at all elections for senators and members of the Legislative Council, yote within the present limits of Jackson and Walton counties respectively, as ifthis act had not been passed.
And in liau thereof insert the following:
Be itfurther enacted, That hereafter Clay County shall be entitled to one representative in the Legislative Council, and Jackson County to one representative, pnd that all laws conflicting with this section, be and the same are hereby repealed.
On the question of striking out and inserting, the yeas and nays
were called for by Messrs. Heir and Bush, and were: Yeas—Messrs. Goff, Heir, Loring, Rogers, Sanchez—5. Nays—Messrs. Allison, Brown, Bush, Chapman, Child, Hart, Ivfey,
Mays, Porter, Spencer and Turner—11. The Speaker was excused from voting.There not being a quorum present, the House adjourned until to
morrow, 10 o’clock.
Saturday, 8th March, 1845'.
The Bouse met pursuant to adjournment, and a quorum being present, the journal ofyesterday’s proceedings was read. The Secretary forwarded to His Excellency the Governor the following communication:
House op Representatives, ) Tallahassee, 7th March, 1845. $ To His Excellency Jno. Branch, Governor ofFlorida : Sir—The following bills and resolutions have passed the two Houses, and are now sent to you for approval, viz :
1.
An Act to organize a county to be called Levy county.

2.
An Act to amend an act providing for a change of Venue in Criminal cases.


8. An Act to prescribe the mode of punishment for certain offences at Key West, in the Southern Judicial District.
4.
An Act to authorize the county of Santa Rosa to raise a county revenue.

5.
An Act to provide for the transfer of records of the Superior Court from Alachua to Benton county, and for other purposes.

6.
AnAct tofix thetimeofholding theSuperior CourtintheEastern District Of Florida.

7.
An Act to authorize Stanislaus Glinski to establish a ferry across the St. Johns, at Pilatka.

8.
Resolutions relative to a post office at Jackson’s landing, in Calhoun county.Attest, H. ARCHER,


Secretary House Representatives. On motion of Mr. Ferguson, a bill entitled', An Act to facilitate
*
244


the organization of the State of Florida, was placed firstamong the orders. On motion of Mr. Heir, Mr. Barrington, messenger, was excused ‘ lor the balance of the session. The Speaker being indisposed, appointed Mr. Brown Speaker pro tem for the day.Mr. Baldwin offered the following Resolution, viz :
Resolved by ilie Governor and Legislative Council ofthe Territoryof Florida, That Congress be respectfully requested to appropriate a sum of money sufficient to pay for the mileage and per diem pay of Ossian B. Hart, representative from St. Lucie county, and for the pay ofJohn G. Smith, assistant clerk.
Which was read the first time, rule waived, read the second and third time, and adopted. Mr. Patterson offered the following resolution:
Resolved bytheGovernor andLegislative CounciloftheTerritoryofFlorida, That the south room in the capital, now occupied by the House ofRepresentatives, the two rooms in the south wing on the same floor, also the rooms in the basement in the south wing, are hereby appropriated for the use of the Superior Court and Court of Appeals of the Middle District, and for the use of the Dinted States Court: Provided, the United States shall appropriate two thousand dollars, or a sum sufficient t6 complete said rooms, and put them in a proper condition for the occupation of5 said Courts.
Which was read the first tune, the rule waived, read the second
tune, and ordered for Monday.Mr. Bush offered the following resolution: Resolved, That the editor of the Floridian be, and he is hereby
required to print one thousand copies of an act to prescribe forms to regulate proceedings before Justices of the Peace, Coroners, and other officers in the Territory of Florida, in pamphlet form, for distribution among the members, for the use of their respective counties : Provided, the cost of said printing does not exceed two dollars per page.
Which was read and adopted.
Mr.Goff,fromaSelectCommitteetowhich hadbeen"referred a petition of sundry citizens of Hdlsborough county, reported a bill to be entitled, An Act to organize a county to be called Manatee county;
Which report was. received, the bill reported read the first time,* when
Mr. Ferguson moved to lay the bill on the table, upon which motion the ayes and noes were called for by Messrs, Hart and Ferguson, and were :
Yeas—Messrs. Baldwin, Crichton, Cromartie, Ferguson, Ivey, Mays, Porter, Randolph, Rogers, Spencer, Turner and Walker—12. Nays—Messrs. Brown, Bush, Child, Goff, Haddock, Hart, .Lor
mg and Sanchez—8. Mr. Heir present but not voting.So the motion prevailed, and the bill was laid on the table, the
*
24'5


House deciding that twenty-one members formed a quorum of this
House. Mr. Brown, from a Select Committee, made the following report: The Select Committee to whom was referred the bill for the relief
of Timothy Wightman and others,
REPORT:
That they have'not been able to obtain the information desired. The papers were in the possession of a member of the Committee, who was confin d to his room by indisposition, and only came to the possession ofthe Chairman this morning, who called at the Auditor’s office, but not being able to see the Auditor, and believing that no information can be obtained from that sou ce, which Would be important in regard to those claims at this time, beg leawo to return the papers, and ask leave to be discharged from the further consideration of the subject. '
THQ. BROWN*, Chairman. Which was received, the Committee discharged, and the bill placed with the orders. . ■" The Senate returned to the House the following bills, preambles and resolutions, viz: „ t Resolutions relative to the payment ofRaymond A. Dominge for publishing thelawsofFlorida,
Adopted by the Senate without amendment.
Resolution to adjourn sine die on the 11th March,
Adopted by the Senate without amendment. .
An Act for the relief of Crawford SproWl,
Passed by the Senate without amendment.
An Actin relation to roads and highways in Duval and Alachua comities. An Act to amend the Chapter entitled Elections, approved 15th March, 1843.
.Resolutions relative to mail routes in Gadsden county,
Adopted by the Senate without amendment.
An Act for the reliefof the Trustees of the Methodist EpiscopalChurch of Tallahassee, Passed by the Senatejwithout amendment. An Act to annex a part of Jackson cuonty to Calhoun county,Pa.ss.ed by the Senate without amendment. An Act to repeal the charter of the bank of Florida, Passed by the Senate Without amendment. An Act to authorize Nathaniel Roberts to establish a ferry across Ocklocknee River, it.
Passed by the Senate without amendment.
An Act to admit copies of deeds and other instruments of Writing to be given in evidence in the Courts of this Territory.
Passed by the Senate without amendment.

24fi
246.

ORDERS OF THE DAY.
A Ijill to be entiled, An Act to organize a county to be called Clay county, being the unfinished business of yesterday, came up first in order.
Mr. Baldwin moved to lay the bill on the table. Messrs. Bush and Ferguson called for the ayes and noes, which ' were as follows: Ayes—Messrs. Baldwin, Ferguson, Gofij Haddock, Heir, Patterson, Rogers, Sanchez, Spencer and Walker—10. Nays—Messrs. Brown, Bush, Child, Crichton, Cromartie, Hart,
Ivey, Loripg, Porter, Randolph and Turner—11. So the House refused to lay the bill on the table. Mr. Baldwin then movedthe indefinite postponement ofthebill; Which motion prevailed, and the bill postponed indefiinitely. Abillentitled, An Acttoiacilitatetheorganization oftheState of
Florida, was taken up;
Onmotien, theHouseresolveditselfinto Committeeofthe Whole, Mr.FeigusonintheChair, onsaidbill. After sometimetheCommittee rose, and reported the bill to the House with sundry amendments ; which report was concurred in, the bill read the second and third times, and passed, with the title as stated."
* His Excellency the Governor, transmitted to the House the following communication:
Executive Department, i
, Tallahassee, March 7th, 1845. $
Gentlemen of the Senate and Houseof Representatives :
I hereby nominate the following persons for the county of Franklin • Port Wardens—H, B. Stone, Benj. Ellison, Jas. F. Farrior, David G. Raney, Thos. L. Mitchel, D. B. Wood, Charles H. Austin. Cemmissioners of Pilotage—Benjamin Hurd, Chas. S. Tomlinson,Wm. A. Eain, Wm. G. Porter, Jas. L. Barber. I have the honor to be your obedient servant, JN. BRANCH.' Also the following:
Executive Department, )
Tallahassee, March 8th, 1845. $
Gentlemen of the Senate and House of Representatives:
I. hereby nominate the following persons for the cpunfies herein
mentioned: Marion county—William Connell, Judge of the.County Court. Kenneth Mornson, David A. McDaniel, Justices pf the Peace. John G. Reardon, Auctioneer, . , Nassau county—Peter Guinn, Asa C. Tanner, Justices of the
Peace. ’> I havethe honor to be, JN. BRANCH. Also the following:
247


Executive Department, ?
Tallahassee, March 7th, 1845. $
Gentlemen of the Senate and House of Representatives :
I hereby nominate the following persons for the county of Gadsden: ,Justices of the Peace—Seth Hardison, Wm. Edgerton, HenryLamb, John Chason. I have the honor to be your obedient servant, JN. BRANCH. Also the-following: ‘ Executive Department, jj . Tallahassee, March 8th,'1845. (J
Gentlemen of the Senate and House of Representatives:
I hereby nominate the followingpersons as Trustees of the Seminary Lands: John Q. McGehee, Robert W. Williams, Britton Barkley, David
L. White, Thomas Baltzell. I have the honor to be your obedient servant,
JN. BRANCfl. Also the following:
Executive Department,,?
Tallahassee, March 8th, 1845, $
Gentlemen of the Senate and Hpuse of Representatives:
I hereby nominate the following persons for the County of Dade : Justices of the Peace—Joseph Bethell, William ,H. Bothell* William C. Bethell, George Ferguson.Auctioneers—William H. Bethell, William C. Bethell, John L. Knapp, George D’Medicus, George Ferguson. 1 I have the honor to be your obedient servant,
JN. BRANCH. Which were read, and said nominations advised end consented to. Xhe Senate returned to the House a Resolution asking Congress
for an appropriation to pay the Chaplain ofthe two Houses. Adopted by the Senate without amendment. The Senate informed the House that they had appointed Messrs.
CaTter, Gilchrist and Pent, a committee on the part of the Senate o» Compensation for the present session. A bill entitled, An Act to incorporate the Trustees of the Leon Female Academy,Was, read the second time, rule waived, read a third time, and passed. Title as stated. ‘ An Act to arpend the several acts now in force concerning Executions; • > Also, Ah Act in addition to the several acts now in force relative to Justices’ Courts; Also, An Actto amend an act regulating the mode ofproceeding on Attachments;
248

Also, An Act to repeal an act establishing a Tariff of Fees ;
Were severallylaid onthe table, *
The House adjourned until Monday, 11 o’clock.
Mokday, 10th March, 1845.
The House met pursuant to adjournment, and a quorum being present, the Journal of Saturday’s proceedings was read.--*
On motion-oF Mr. Baldwin, a bill to be entitled, An Act for the reliefofTimothy Wightman and others, was placed first among the orders ofthe day.
Mr. Baldwin moved that the following "bills, which were laid on , thetable onSaturday last, betakenfromthetable, 'and placedamongthe orders. '
A bill to be entitled, An Act to amend the act entitled an act to amend the seyeral acts now in force concerning Executions, approved 8th'February, 1838.
Also, a-bill to be entitled, An Act in addition to the several acts now in force relative to Justices’ Courts.
Which motion was refused.
On motion of Mr. Baldwin, a bill to be entitjed, An Act concerning Replevin, was made the special order for to-day.
On motion of Mr. Bush, the vote taken on Saturday, on the adoption of a Resolution ■ ordering copies of an act to prescribe forms to regulate .proceedings before Justices of the Peace, Coroners, and other officers, &c., printed, and limiting the expense to two dollars per page, was reconsidered, and the proviso stricken out, and adopted as amended. »
Mr. Loring, from a Select Gommittee -appointed on a former day,and to which was referred an act to divide the western Senatorial District, reported further action on the subject unnecessary, and asked to be discharged from the further consideration ofthe same.
Which report was concurred in, and the bill laid on thetable. Mr. Loring, from a Select Committee to which was-referred a petition from the citizens of-Mosquito (now Orange) county, prayingchange ofthe county site from Enterprise to New Smyrna; Also, a petition for a division of Duval county, reported the same
back to -the House. ' • ...
Which report was concurred in, and the Committee discharged.
The Senate returned to the House a bill entitledy An Act to pro
vide for the election ofTax Collector, (substituted by the House for a
bill from the Senate,'entitled an act to amend-the Revenue Laws of
this Territory,) with the following message :
Senate-Chamber, March 40, 1845.
Hon. Speaker of ike House of Representatives : •
Sir: The Senate-accepts the substitute of the House to-the bill
249
2J9

to be entitled, An act to amend the revenue laws of this Territory %yith amendment by staking out the last section of the substitute. Your obedient servant, THOS. F. KING, Sec’y. Senate. Which was read, and the amendments of the Senate concurred m.
ORDERS OF THE DAY.
An act for the relief of Timothy Wightman and others, was read a third time and passed, with the title as stated. A bill from the Senate, entitled, an act concerning Replevin, was read the third time and passed, with the title as stated. A bill entitled, an act to amend the laws respecting crimes and mis* demeanors, wasreadthe thirdtime andpassed,with the titleas stated.
An act to repeal an act to authorize Executors and Administrators to sell real estate in certain cases, and to repeal certain acts therein mentioned, and for other purposes, was taken up and laid on the table.
An act declaring Dry Creek in Jackson county, a navigable stream, was read the first time and ordered for to-morrow. A bill to be entitled, an act to divorce Michael Peterson from his wife, Mary, was laid on the table.
A bill entitled, an act to fix permanently the county seat of Wakulla county, amended by the Senate, was taken up and the amendments of the Senate considered.
Mr. Baldwin moved to amend the amendment proposed by the Senate in the following words :
And said electors shall endorse on the tickets of said commissioners
the point or place they wish the said county site located, which shall
govern the said commissioners so elected m selecting the place for
said county site.
On the question of adopting the amendment proposed by Mr. Baldwin, the yeas and nays were called for by Messrs. Baldwin and Sanchez, and were:
Yeas—Mr. Speaker, Messrs. Baldwin, Brown, Bush, Cromartie,
Goff, Haddock, Heir, Ivey, Loring, Mays, Patterson, Philips, Porter,
Randolph, Rogers, Sanchez and Spencer—18.
Nays—Messrs. Child, Ferguson and Hart—3.
So the amendment was concurred in.
Mr. Heir moved to strike out from the Senate’s amendment the
words, “ twentieth day of March,” and insert in lieu thereof, the
words “ first Monday m May.”
Which was agreed to, and the amendments ordered to be certified
to the Senate.
A bill to be entitled, an act to divoiee James N. Myers, was read a
second time and laid on the table.
A resolution fiom the Senate, relative to the release of stock in the
Union Bank, was read a thud time.
Mr. Baldwin moved the indefinite postponement of the resolution,
and the yeas and nays wcic called for by Messrs. Baldwin and Bush,
and were:
32
250


%
Yeas—Mr. Speaker, Messrs. Baldwin, Crichton, Ferguson-, GofiJ Haddock, Ivey, Loring, Porter, Rogers, Sanchez and Spencer—12. Nays—Messrs. Brown, Bush, Child, Cromartie, Hart, Mays,
Philips, Randolph and Walker—9. So the same was indefinitely postponed. A pieamble and resolutions from the Senate, relative to the pay of
certain men for sendees, commanded by Capt. Allen G. Johnson, was read the second time, rule waived, read a third time and adopted.
A resolution offered on Saturday by Mr. Patterson, asking an appropriation for finishing the rooms of the Capitol for the SupremeCourt of the United States and Court of Appeals, was read a third time.
On the question of the adoption of the resolution, the yeas and naysweie called for by Messrs. Baldwin and Bush, and were as follows:
Yeas—Mr. Speaker, Messrs. Brown. Bush, Child, Crichton, Cromartie, Ferguson, Goff, Haddock, Hart, Heir, Ivey, Loring, Mays,Patterson, Phdips, Porter, Randolph, Rogers, Sanchez and Walker


—21.
Nays—Mr. Baldwin—1. So the resolution wras adopted. Mr. Bush, from the Committee on Enrolled Bills, made the follow
ing report: The Committee on Enrolled Bills have examined the followingBills and Resolutions, and find them correctly enrolled, viz:
1.
An Act to authorize Nathaniel Roberts to establish a ferry across the Ocklocknee River.

2.
An Act for the relief of Crawford Sprowl.

3.
Resolutions asking Congress for an appropriation for the payofthe chaplains ofthe House and Senate.

4.
Resolutions asking Congress for an appropriation to pay Ray.mond A. Dominge for printing the laws of Florida.

5.
An Act to admit copies of deeds, and other instruments of writing, to be given in evidence in the Courts of this Territory.

6.
An Act in relation to roads and highways in Duval and Alachua counties.

7.
An Act to amend the Chapter entitled Elections, approved 15th March, 1843.

8.
Resolutions relative to certain mail routes in Gadsden county.

9.
An Act for the relief ef the Trustees of the Methodist Episcopal Church ofTallahassee.

10.
An Act to repeal the Charter of the bank ofFlorida.


A. H. BUSH, Chairman. Which was read.
The Secretary forwarded his Excellency the Governor the following communication:
House Representatives, }
10th March, 1845. $ His Excellency John Branch, Sir : The following bills and resolutions, originating in this House,
251


hnd passed by both branches of the Legislative Council, are forwarded for the approval of your Excellency, viz:
1.
An Act to authorize Nathaniel Roberts to establish a ferry across the Ocklocknee River.

2.
An Act for the relief of Crawford Sprowl.

3.
Resolutions asking Congiess for an appropriation for the pay of the Chaplains of the House and Senate.

4.
Resolutions asking Congress for an appropriation to pay Raymond A. Dominge for printing the laws of Florida.

5.
An Act to admit copies of deeds, and other instruments of writing, to be given in evidence in the Courts of this Territory.

6.
An Act in relation to roads afld highways in Duval and Alachua counties.

7.
An Act to amend the Chapter entitled Elections, approved15th March, 1843.

8.
Resolutions relative to certain mail routes in Gadsden county'.

9.
An act for the relief of the Trustees of the Methodist Episcopal Church of Tallahassee.

10.
An act to repeal the charter of the Bank of Florida. Very respectfully,


H. ARCHER, Sec’y. House Rep.The House adjourned until to-morrow, 10 o’clock.
Tuesday, 11th March, 1845.
The House met pursuant to adjournment, and a quorum being pre. „ sent, after prayer by the Rev’d. Joshua Phelps, Chaplain, the Journayof yesteiday’s proceedings was read.
Mr. Turner moved to have leave to withdraw the bill entitled, an act to organize a county to be called Clay county, with the papers relating to the same.
Which motion prevailed. Mr. Brown offered the following preamble and resolutions : Wiieheas, A lesolution was adopted by the last Legislative Coun
cil, requesting our Delegate in Congress to “ use his best exertions to-procure an appropriation of four dollars per diem, for the payment o1 the Rev. Doctor Yeager, for his services as Chaplain of the Senate* and a similar compensation for the Rev. Joshua Phelps, Chaplain of the House of Representatives during present (last) session And
whereas, such appropriation has not yet been made by Congiess, and the said Rev. Joshua Phelps has officiated at the present session of the Legislative Council, being the session of 1845, as Chaplain of the House of Representatives, and the Rev. Alexander Martin did officiate as Chaplain of the Senate : Therefore,
Be it Resolved by the Senate and House of Representatives, That our Delegate in Congress be requested to urge the appiopnation asked for last year, and also a further appropriation for the present year of a like sum per diem for the Rev. Joshua Phelps, as Chaplain
252


to the House of Representatives, and a like sum to the Rev. Alexan-• der Marlin, as Chaplain to the Senate.
Resolved, That a copy of the foregoing preamble and resolution be forwarded to the Hon. David Levy, our Delegate in Congress, or to the pioper authorities at Washington.
Which were read, the rule waived, and adopted.His Excellency the Governor transmitted to the House the following message :
Executive Department, )
Tallahassee, March 10th, 1845. $ Gentlemen of the Senate • ,# and House ofRepresentatives :
I have appioved the following Acts and Resolutions of the Legislature :
1.
An Act to organize a county to be called Levy county.

2.
An Act to amend an act providing for the change of Venue in Criminal cases.

3.
An Act to prescribe the mode of punishment for certain offences at Key West, in the Southern Judicial District.

4.
An Act to authorize the County of Santa Rosa to raise a county revenue.

5.
An Act to provide for the transfer of Records of the Superior Court from Alachua county to Benton county, and for other purposes.


6th. An Act to fix the time of holding the Superior Courts in the Eastern District of Florida.
7.
An Act to authorize Stanislaus Glenski to establish a ferry across the St. John’s River at Palatka.

8.
Resolutions relative to a Post Office at Jackson’s Landing, in Calhoun county.

9.
An Act to amend the. law, approved March 15th, 1844, to incorporate the inhabitants of the different townships of this Territory.I have ihe honor to be, Your obedient servant,


JNO. BRANCH. Also the following;
Executive Department, )
, , Tallahassee, March 10th, 1845. $
Gentlemen of the Senate and House of Representatives :
I have approved the following acts and resolutions of the Legislature :
1.
An act to provide for the election of Justices of the Peace.

2.
An act to provide for holding the County and Superior Courts in and for Calhoun county.

3.
An act to amend an act relative to roads and highways in Nassau county, approved 14th March, 1844.

4.
An act to annex a pait of Jackson county to Calhoun county.

5.
An act to authorize Malinda Folsom, widow and administratrix of Bryant Folsom, deceased, late of Jefferson county, to sell certain leal estate.

6.
An act to establish a Board of Commissioners of Pilotage for the harbors and waters of Apalachicola.

7.
An act to authorize Henry E. Perviance to establish a Ferry on the Suwannee River.

8.
An act to amend an act entitled an act to establish a Board of Port Wardens and Commissioners of Wrecks for the port of Apalachicola.

9.
Preamble and resolutions asking an extension of the mail route between Marianna and Eucheeanna to Geneva,

10.
Resolutions relative to a Light House at or near New Smyrna.

11.
Resolutions asking of Congress an appropriation for the rebuilding of the Court House in Hillsborough county.

12.
An act to incorporate Dade Lodge No. 14, in the city of KeyWest.

13.
Resolutions asking our Delegate to procure an appropriation for the payment of the Washington county volunteers.

14.
Resolutions asking our Delegate to endeavor to procure from Congress a grant of a quarter section of land for Washington county.

15.
Resolutions asking Congress for a quarter section of land for Marion county.

16.
An act to amend an act relating to crimes and misdemeanors.

17.
An act for the Telief of David D. Young.I have the honor to be your obedient servant,


253


JN. BRANCH. Also the following:
Executive Department, ?
Tallahassee, March 11th, 1845. $
Gentlemen ofthe Senate and House of Representatives :
I have approved the following Acts and Resolutions of the Legislative Council:
1.
An Act to authorize Nathaniel Roberts to establish a ferry across the Ocklocknee River.

2.
An Act for the relief of Crawford Sprowl.

3.
Resolutions asking Congress for an appropriation for the pay of the Chaplains of the House and Senate.

4.
Resolutions asking Congress for an appropriation to pay Raymond A. Dominge for printing the laws ofFlorida.

5.
An Act in relation to roads and highways in Duval and Alachua counties.

6.
An Act to amend the Chapter entitled Elections, approved 15th March, 1843. ' 7. Resolutions relative to certain mail routes in Gadsden cbunty.


8.
An Act for the relief of the Trustees of the Methodist Episcopal Church of Tallahassee.

9.
An Act to repeal the Charter of the Bank of Florida.

10.
An Act to divorce Agnes Bell from her husband, Joseph G. Bell, and to change the name of said Agnes Bell to that of Agnes Woolf.


I have the honor to be, your obedient servant, JN. BRANCH.
254
251

Also the following:
Executive Office, )
Tallahassee, March 10th, 1845. \
Gentlemen of the Senate and House of Representatives ;
Ihereby nominate the following persons for thecounty ofMonroe : Auctioneers—Philip J. Fontane, Benjamin H. Keer. I have the honor to be, your obedient servant,
JN. BRANCH. Which nominations were advised and consented to. His Excellency the Governor returned to the House a bill entitled,
an act to admit copies of deeds and other instruments of writing to be given in evidence in the Courts of this Territory, with the following objections;
, Executive Department, )
Tallahassee, March 11th, 1845. y
Gentlemen ofthe Senate and House of Representatives :
I cannot approve the bill entitled, “ An Act to admit copies of deeds, and other instruments of writing, to be given in evidence in the Courts of this Territory,” because it proposes an innovation in one of the most ancient and best established principles of the Law of Evidence, which requires “ the best evidence of which the nature of the thing is capable.” “The true meaning of this rule is, not that Courts of law require the strongest possible assurance of the matter in question, but that no evidence shall be given, which from the nature of the thing, supposes still greater evidence behind in the party’s possession or power ; for such evidence is altogether insufficient, and proves nothing, butcarries withitapresumption contraryto the intention for which it is produced. Thus, if a party offer a copyof a deed or will, where he is able to produce the original, this raises a presumption, that there is something in the deed or will, which, ifproduced, would make against the party; and, therefore, the copyin such a case is not evidence. But, if he prove the original deed or will to be in the hands of the adverse party, to whom he has givennotice to produce it, or that the original has been destroyed without his default, no such presumption can reasonably be made, and a copywill -be admitted, because then such copy is the best evidence that can be produced.”—Phillipp’s Ev. part 1st, chap. 6, sect. 6th.— Again: “ It hath been an ancient observation,” “ that whenever a standing rule of law, of which the reason perhaps could not be remembered or discerned, hath been wantonly broken in upon by statutes or new resolutions, the wisdom of the rule hath in the end appeared from the inconveniences that have followed the innovation.”— Bla. Comm. B’k. 1st, page 70.
The bill is herewith returned. I have the honor to be, your ob’t serv’t, JN. BRANCH. Which was read, and on the question!of the passage of the bill over the veto of the Governor, the yeas and nays were as follows :
255


Yeas—Mr. Speaker, Messrs. Baldwin, Crichton, Ferguson, Haddock, Hart, Heir, Ivey, Mays, Patterson and Rogers—11. Nays—Messrs. Brown, Bush, Child, Cromartie, Goff, Loring,
Philips, Randolph, Sanchez, Spencer and Turner—11. So the bill was rejected. Mr. Baldwin offered the following resolution: Resolved by the House of Representatives, That the Auditor of the
Territory be instructed not to audit any accounts for payment of the following officers, viz: Brigade Inspectors, Treasurer and Private Secretary of the Governor, from the date hereof, and that the Auditor be further instructed to prepare and furnish the first State Legislature the actual indebtedness of the Territory of Florida.
Which was read, and on the question of adopting the same, Messrs. Baldwin and Loring called for the yeas and nays, which were:
Yeas—Messrs. Baldwin, Brown, Haddock and Spencer—4.
Nays—Mr. Speaker, Messrs. Bush, Child, Crichton, Cromartie, Ferguson, Goff, Hart, Heir, Ivey, Loring, Mays, Patterson, Philips,Porter, Randolph, Rogers, Sanchez and Turner—19.
So the resolution was rejected.
Mr. Loring moved that the act respecting Brigade Inspectors be takenfromtable, andplaced amongtheorders. Whichmotionfailed. Mr. Heir, from the Committee on Corporations, made the following report:
The Committee on Corporations, to which was referred the message of His Excellency the Governor, enclosing a letter from the Presidentofthe Union BankofFlorida,have considered thesubject,and are of opinion that the matters therein contained or alluded to, have been sufficiently provided for by the action of this House at the present session, and they therefore ask to be discharged, upon returning the same, from the further consideration of the subject.
THOS. JEFF. HEIR,
Chairman Committee on Corporations.
Which was received and concurred in.
Mr. Loring, from the Committee on the State of the Territory, to which'was referred the message of His Excellency the Governor, covering a communication from the President of the Union Bank,relative to a loan made by that institution to the Territory, in the fall of 1839, for the defence of its inhabitants—reported the same to the House, and asked to be discharged from the further consideration of the same. Which report was received.
The Senate transmitted to the House a bill to be entitled, An Act to provide for the compensation of the officers of the Legislative Council for the session of 1845, and for other purposes, which had passed the Senate.
Which was read the first time, rule waived, read a second time, and amended, on motion of Mr. Bush, by striking out the figures $35, allowed Andrew McClellan for contingent expenses, and insert $42, being seven dollars allowed for additional servant hire.
256


ORDERS OF THE DAY.
A bill to be entitled, An act to provide against a fraudulent and depreciated currency, came up first in order.
Tbe House, on motion of Mr. Heir, went into Committee of the Whole, Mr. Mays in the Chair. After some time the Committee rose, reported the bill back to the House as amended ; which report was concurred in, and the bill as amended, ordered to be certified to the Senate.
His Excellency the Governor transmitted to the House the following message:
Executive Depaktmext, )
Tallahassee, March 11th, 1845. $
Gentlemenofthe Senate and HouseofRepresentatives :
I hereby nominate the following persons for the counties herein
mentioned: Duval Dounty.—Henry Hulgerson, Tax Collector. Franklin County.—Seth P. Lewis, Tax Collector. Gadsden County—Thomas R. Smith, Justice of the Peace. Leon County—Samuel S. Sibley, Justice of the Peace.
I have the honor to be, your ob’t serv’t.,

JNO. BRAFCH.
Which was read, and the nominations therein advised and consented to. The House took a recess until 3 o’clock.
THBEE o’clock, P. M.
The Senate returned to the House the following bills, resolutions, &c.: An act to exempt Homesteads from execution, attachment and dis
tress, passed by the Senate without amendment. An actto fixpermanentlythe countyseatofWakullacounty; The amendments of the House to the Senate’s amendment con
curred in, and the bill passed by the Senate. , , An act to incorporate the Trustees of the Leon Female Academy, ' passed by the Senate without amendment. An act for the relief of Timothy Wightman and others, passed bythe Senate without amendment. Resolutions relative to the pay of the Chaplains of the two Houses, adopted by the Senate without amendment. Resolutions relative to the pay per diem and mileage of Ossian
B. Hart, adopted by the Senate without amendment.
The Senate transmitted to the House the following message : Senate CkiAJiBEE, March 11, 1845.
Hon. Speaker of the House of Representatives:
Sir: The Senate has passed the bill for the relief of Reuben Scott, with the following amendments (see appendage to the bill,) to be made as an additional section.
Your obedient servant,
THOS. F. KING, Secretary Senate. Which was read, and the amendment of the Senate concurred in.
257


The Senate returned to the House a bill entitled, an act to facilitate the organization of the State of Florida,'with the following message: Senate Chamber, March 11, 1845.
Hon. SpeakeroftheHouseofRepresentatives :
The Senate have passed the bill entitled an act to facilitate the organization of the State of Florida, with the following amendments : In the 8th section, strike out the words “ Benton and” and also “ respectively,” and insert (see appendage to hill;) also insert the Proviso and end ofsection, appended; and also in 12th section strike out “Benton and”—“ies” and “ respectively,” as enacted, and insert, (seeappendage to bill.)
To which they ask the concurrence of the House of Representatives. 'Your obedient servant, THOS. F. KING, Secretary Senate. Which was read, and the amendments of the Senate to said bill concurred in.
Mr. Hart, from a select committee appointed by the Senate, waited on the House and informed them that the Senate was now ready to adjourn.
A bill entitled, an act to provide for tile compensation of the officers of the Legislative Council for the session of 1845, and for other purposes, was read the third time and passed as amended.
His Excellency the Governor transmitted to the House the following message:
Executive Department, >
Tallahassee, March 11th, 1845. £
Gentlemen ofthe Senate and House of Representatives :
I have approved the following acts and resolutions of the Legislative Council:
1.
An act concerning Replevin.

2.
A preamble and resolutions asking Congress for the payment of certain companies of militia.

3.
An act to provide for the election of Tax Collectors. I have the honor to be, your ob’t servant,


JN. BRANCH. Also the following:
Executive Department, >
Tallahassee, March 11th, 1845. $
Gentlemen of the Senate and HouseofRepresentatives :
I hereby nominate the following persons for Calhoun County : Justices of the Peace—Luke Lott, Thomas Laud, Elias Branch,
Francis Arnou, Nehemiah Hayden.Auctioneers—Alexander McAlpine, Nehemiah Hayden. Notary Public—John S. Hunter.
I have the honor to be, your ob’t servant, JN-BRANCH. Which were read, and the nominations therein contained advised and consented to. Messrs. Brown, Heir and Ferguson were appointed a committee to 33
. 258


wait on the Senate and informed that body that the House was now ready to adjourn sine die. Which committee, through Mr. Brown, reported that they had per. formed that duty.
Messrs. Brown, Mays and Loring were appointed a committee oil the part of the House to act with a similar committee of the Senate to wait on his Excellency the Governor and inform him that both Houses are now ready to adjourn, and enquire if he had any further communication to make.
The House received from the Senate the following message: Senate Chamber, March 11, 1845.
Hon. Speaker House Representatives:
Sir : The Senate has appointed Messrs. Long, Hart and Pent a j oint committee on the part of the Senate, to wait on His Excellencythe Governor, and inform him that the two Houses are ready to adjourn. Your ob’t serv’t,
THOS. F. KING, Sec’y Senate. Which was read. The Senate informed the House that they had concurred in the
amendments of the House to a bill entitled, an act to provide for the compensation of the officers of the Legislative Council, and for other purposes.
Mr. Heir was called to the Chair, when Mr. Ferguson offered the following resolution: Resolved, That the thanks of this House are due the Hon. W. A.
Forward, for the ability and impartiality-with which he has presided
over the deliberations of this branch of the Legislative Council. Which was adopted unanimously adopted. The Speaker, befoie taking the Chair, responded to the resolution
in a forcible and eloquent address. Mr. Heir offered the following Resolution: Resolved, That the thanks of this House are due, and are hereby
tendered to the Rev. Joshua Phelps, Chaplain, Hugh Archer, Esq.,
, Secreiaiy, and the other officers of this House, for the able, punctual and accommodating manner in which they have respectively performed their duties.
Which was adopted unanimously.The following message was received fiom His Excellency the Governor:
Executive Department, \
Ta' ibassee, March 11th, 1845. J
Gentlemen ofthe Senate and House ofRepresentatives:
I have approved the following Acts ajid Resolution of the Legislature :
1.
An act to incorporate the Trustees of the Leon Female Academy.

2.
An actfor the reliefofTimothy Wightman and others.

3.
An act for the relief of Reuben Scott.

4.
A Resolution relative to the payof Ossian B. Hart, Esq., a member from St, Lucie.


259
9
I have the honor to he your ob’t servant,
JN. BRANCH.
Which was read. <
His Excellency the Governor transmitted to the House the following message:
Executive Department, )
Tallahassee, March 11th, 1845. $
Gentlemen of the Senate and House of Representatives :
I have approved the following Preamble and Resolutions of the Legislature :
A Preamble and Resolutions asking Congress for an appropriation for the payment of the Rev. Dr. Yeager, and the Rev. Joshua Phelps, Chaplains of the Senate and House, for the session of 1844 —and also for the pay of the Rev. Joshua Phelps, and the Rev. Alexander Mai tin, as Chaplain for the present session.
I have the honor to be, your obedient servant,
JN. BRANCH.
Which was read.
Mr. Bush, from the Committee on Enrolled Bills, made the following report: The Committee on Enrolled Bills have examined the followingbills and resolutions, and find them correctly enrolled, viz :
1.
An act to incorporate the Trustees ofthe Leon Female Academy.

2.
An act for the relief of Reuben Scott.

3.
Resolution relative to the pay and mileage of Ossian B. Hart, a member of this House.

4.
An act for the relief of Timothy Wightman and others.

5.
Resolution relative to compensation for the Chaplains.

6.
An act to exempt Homesteads from Execution, Attachment and Distress.

7.
An Act to facilitate the organization of the State of Florida.

8.
An act to fix permanently the county seat for Wakulla county.All which is respectfully submitted.


A. H. BUSH, Chairman. Which was received. The Secretary forwarded to his Excellency the Governor the fol
lowing communication. House oe Representatives, 11th March, 1845. To his Excellency John Branch, Governor of Florida:
Sir : The following Bills, Preambles and Resolutions have been adoptedbythetwoHouses,andarefoiwaidedforyourapproval, viz :
1.
An act to incorporate the Trustees ofthe Leon Female Academy.

2.
An act for the relief ofReuben Scott.

3.
Resolution relative to the pay and mileage of Ossian B. Hart, Esq., a member fiom St. Lucie county.

4.
An act for the relief of Timothy Wightman and others.

5.
Resolution relative to compensation for the Chaplains.


$
260


6.
An act to exempt homesteads from attachment, execution and distress.

7.
An act to facilitate the organization ofthe Slate ofFlorida.

8.
An act to fix permanently the county seat for Wakulla county.


Attest. H. ARCHER, Sec’y Ho. Rep.Mr. Baldwin offered the following resolution: t Resolved, That the Secretary of this House take charge of the
Hall of the House of Representatives, with the furniture, stationery, &c., and turn them over to the General Assembly of the State, at their first meeting.
Which was adopted.His Excellency the Governor transmitted to the House the follow, ing message:
Executive Department, )
Tallahassee, March 11, 1845.
Gentlemen ofthe Senate and HouseofRepresentatives :
I have approved the following acts of the Legislature : 1st. An act to fix permanently the county seat of Wakulla county.2d. An act to exempt homesteads from execution, attachment and
distress. 3d. An act to facilitate the organization ofthe State of Florida. I have the honor to be your obedient sery’t.
* IN. BRANCH. Which was read. Also the following:
Executive Depabteent, ?
Tallahassee, March 11, 1845. $
Gentlemen ofthe SenateandHouseofRepresentatives :
I have approved the following act of the Legislature: An act to provide for the compensation of the officers of the Legislative Council, and for other purposes. Ihave the honor to be your obedient serv’t. JN. BRANCH. Which was read.
’ The Committee appointed to wait on His Excellency the Governor, reported that His Excellency had no further communication to make;
Whereupon the House adjourned sine die.

APPENDIX.
APPE

1 *^
• Documents accomiatijing tie Governor’s-Message.
-; ^ No.i. REPORT* OF THE TRUSTEES OF THE SEMINARY LANDS. To His Excellency John Branch, >
Governor of the Territory ofFlorida: ,
Sm—In compliance with the requisitions of the act of the Legistlative Council, passed at their session 0/1843, organizing .a Board of Trustees of the Seminary Lands, and requiring them to make an annual report, they.have the honor toitate
That as early as the 3d of March, in thejear 1823, the Congress of the United States passed a law, “That an entire township in each of “the Districts of East and West Florida, shall he reserved from sale, “ fqr the use ofa Seminary ofLearning, to be located by the Secreta“ry ofthe Treasury.”
The Secretary of the Tfpasury appointed the late Judge Allen to inake selection of the land thus directed to be reserved, who in the * year 1826, designated the sections enumerated in -a letter of the Commissioner of the General Laud Office, dated the. 17th July, 1843, which accompanies this Report. It yvill be seen that onlyabout 26,000 of the 46,080 acres, (two townships,) were located. On his suggestion to the Governor that there were Some private claims in litigation, embracing valuable land, that might probably be decided in favor of the Government, unfortunately he was permitted to suspend the location, and since that time the subject of a further selection'has been neglected until the session of {he Legislature of 1844, when a resolution was passed, requesting the further attention of the Secretary to it.
These Lands should not he Confounded with the reservation by Congress of the 16th sections (640 acres) in each township of th® Territory, for the use of Common Schools. These belong-to the inhabitants of the Towtiship, having been expressly reserved for their use by the first Congress under the present Constitution. It is worthy of remark, that the patriots'of the revolution, haying achieved American Independence, commenced the noble work of its mainte*nance and preservation, by setting apart and consecrating to the sacred purposes of'a diffusion ofknowledge amongst the*people, a por
tion of the public domain so great as-one mile stpiard In every six
miles throughout the vast extent of their lands. And how worthy of
2

*
all praise and admiration the forethought and beneficence of this
excellent andjudicious appropriation! How consoling the reflection
that a kind and parental government has provided in all time to come
the means of education and moral improvement for his children, un-'
der every adverse circumstance that may attend the parent; and
whatanobligationis imposed upontheofficers ofthegovernment of
every grade, and upon every patriotic citizen, to see that this fund is
appropriated to its proper use! Though the Board have to regret
the inattention for twenty long years past to this interesting and im
portantsubject, theyare yet sanguinethat abetter feeling is beginning
to prevail, and a new spirit is being awakened amongst the people,
which they trust may lead to good results. It cannot be that this
valuable land, the only means of education and moral improvement
fcr poor children, their inheritance by grant from their fore-fathers,
will longer be allowed to be wasted and worn out, its valuable tim
ber cut down and destroyed, and its fertility exhausted by private and
individual rapacity. May we not indulge the hope that the people of
the-several townships will organize under the law of 1844, and take
possession of fheir lands, build school houses, and rent out such por
tions as may be required for the support of good Schools.
The Seminary Lands siijce their location, have been for the most part, in the occupancy of private individuals until the present year, when the Board of Trustees, organized under the act of 1843, took early measures by the appointment of agents in Jackson and Gadsden counties, where the lands principally lie, to lease out those thus occupied, and to protect the remainder from trespass. Judge White, the
• agent forGadsden county,exerted himselfwithanactivity andener-* gy entitling him to great praisd, and has succeeded to the entire satisfaction of the Board in the discharge of the arduous duties confided to him. His report is veiy shortly expected, and will be communicated when received. If the agent in Jackson, Mr. Barkley, has succeeded to the same extent, the Board will be able to present a highly favorable account to the Legislature before its adjournment.We'regret not to be able to present a statement ofthe action at the present time, of these officers in full, more in detail. The Board have received from Mr. Geo. K. Walker, the agent appointed by the late Governor, to obtain from the General Government the fund due to the Territory from their portion,ofthe proceeds of the public lands the sum of $1736.29, which was immediately after its receipt invested in good mortgage of Real Estate, as directed bytheact oftheCouncil. 1
From the interest ofthis fund, and from the rent of the SeminaryLands, the Board indulge the hope that something may be done to advance the cause of education in the Territory. They venture to suggest as an immediate means of effecting good, the distributioh in the different counties, and, especially those removed • from large tows, of Select Libraries. These have been found highly beneficial in infusing a tight spirit-on the subject of education, and giving
3


a right direction to the -moral improvement of the people. The great States of New York and Massachusetts have taken the lead, and by their patronage and care, not only have selected the best works, but procured their printing at such low rates as to place them within the reach of the most moderate means. One series of the excellent works oftheNewYork Library, consisting offifty volumes of the most approved works in the language, costing only $20, with a case and lock and key, may, the Board trust, from the rent this year, added to the interest of the fund derived from the General Government, be "placed in every County of the Tetritory. It might be placed under the control of the Judge of the County Court, as a superintendent ofPublicSchools,tobe given totheTrustees ofsuch Township as would erect a School House on their section, and sus. tain a School with twenty scholars for one year. The advantages of a dissemination of these Libraries, is thus beautifully portrayed in an extract taken from the Massachusetts Common School Jpurnat:— “By means of the Library, the great and good men of ancient and modern times, statesmen, philosophers, orators, poets, sages, and divines, will come and take up their abode in every secluded nook and corner of the land, and sit down by every fireside in the humblest and lowliest dwelling, and offer to take the young men by the hand, and lead them to a knowledge .and contemplation of this glorious universe, the handiwork of God, into which they have been brought, and to unfold the marvels of their own physical structure,and the profounder and more awful mysteries of their spiritual being,and to display before them the heavenly beauty of truth, and justice, and moral intrepidity, and to instil into their young hearts some conceptions ofthe adorable character of their Creator. How manyyouths would such a Library save who would otherwise be ruined]How many it will fill with intelligence, who would otherwise gr%te in perpetual darkness ? If ever an act was dime for which a Legislature might indulge a feeling, not of pride, but a far nobler and purer feeling than pride, a. consciousness that a great deed has been
done, and is no longer a subject to chance, whose blessed influences cannot be defeated, but will,go on and make the whole future wiser, and better, and happier, than it would otherwise have been, it is the Legislature of 1842.”
That the Legislature may be enabled to judge rightfully as.to the
propriety of this recommendation, the Board have purchased and
hold now subject to their inspection and order, two series'of the New
York School District Library, and the entire set so far as completed,
of the Massachusetts selection. They cannot refrain from express
ing the delight and admiration which, as Floridians, they would feel,
in seeing these excellent selections, in the course of a few years,
largely and extensively distributed to the most-remote parts of the
Territory, imparting the blessings of light and knowledge to thou
sands yet unborn. Might not this circulation,vin addition to other
important advantages, tend to fix on a firmer basis the attachment of
the people to their government and free institutions i
4


With a view of obtaining information on the subject pf the School and Senainary Lands, and their disposition, and education'generally,the Board catised a circular to be addressed to the different officers of the Territorial Government, having obtained the co-operation and sanction ofHisExcellency theGovernortothatobject. TheHon. Dillon Jordan has communicated very satisfactory replies from the teachers of institutions in Pensacola and Escambia, as to the condition of Seminaries there, indicating their highly prosperous state, which it has been quite refreshing to receive. They have received also letters from other quarters, from individuals who have been kind enough to make replies. The information most desired has however notbeen obtained, andmustbethe subject offurther inquiry.
The census of1840,takenunderthe authority ofthe’General Government, to which reference has been made, furnishes some data from which they find the following account of our population:—
Males between the ages of « « “ 5 and 10 10 and 15 1947 1520
“ “ “ 15 and 20 1305
Females “ “ 5 and 10 1761
“ « “ 10 and 15 1448
“ “ * “ 15 and 20 1332

4772 males between the ages of 5 and 20, and 4531 females, making 9303 children now in need of education! From the same source we learn there were at that time but 732 scholars in the Territory, so that it would seem only 1-13 of the'children of Florida are enjoying the advantages of schools. They also find that in the small population ofthe Territory, there is the large number of1003 persons over the age of 20, who can neither read nor write.
With such facts, renewed activity would seem to be required on the part ofthose filling public trusts, to communicate every advantage to beaerived from means in their power, to prevent the evils which ignorance may bring upon a people, and to disseminate the blessings,which may be derived from the communication ofintelligence.
The Board, in conclusion of a report which they fear has alreadybefen'too far extended, would respectfully recommend a re-organization oftheir body, so that the other parts of the Territory may be ena-, bled to participate in a work so deeply interesting to all of them, Wpre a board of.education, consistingoftwelve ormore, to be elected by the Legislature, constituted so, as to take charge of the subjectof education, and of the funds now held by this Board, the changemight be beneficial. They regret that they have been able to accomplish so little. B will be a rich consolation to them, however, if they shall have succeeded in engaging the attention of their, fellow citizens, andofothersmoreableandcompetent than themselves,to a work of .such great moment t.o the welfare and prosperity of their allow citizens. • All ofwhich is respectfully communicated.
.THOMAS BALTZELL, President of the Board of Trustees.
.
General Land Office, ?
• ' July 17th, 1843. $
Sir—Your letter of the 21st ulf. has beeareceived. The selections for a Seminary ofLearning in Florida were made,'it is understood, byorunder"theauthority ofGov.Duval,whowasauthorized to do so. by instructions issued direct from the Treasury Department.
It appears from the records of this office, that on the 9th April, 1827, the Register and Receiver at Tallahassee were advised that the Secretary oftheTreasury hadapproved ofthe selection ofTowpship 5, Range 11, North and West, for the use of the Seminaiy, and were requested to withhold the lands from sale, “ except so far as they may be claimed by pre-emption rights.”
On the 9th of June, 1827, Gov. Duval was advised that the selection of the “ following sections in lieu of lands covered by privateclaims,” iu the above Township, were approved, viz:
Sections 14,23 and 24, in Township 4, ofRange 7, North and West.
’ Section 18, in Township 3, of Range 9, North and West. And
Sections 6 and 14, in Township 5, of Range 10, North and West.
Also, that the selection of the following fractional sections, for the same purpose would be approved; provided he would agree to receive them as whole sections, viz: ,
Fractional sections 3, 10 and' 13, in Township 4, of Range 7, North and West; and
Fractional section 33, in Township'S, of Range 7,North and West.
The Governor was at the same time advised that the following selectionsmadebyhim,“East oftheApalachicola,”had alsobeen approved, viz:
Sections 5,7, 15,17,18, 22, 23 and 24, and “ the 3 qrs.-of section8,”inTownship 3,North ofRange3 West,“theotherquarter of section 8 having been sold.”
The Register and Receiver at Tallahassee were further advised, on-the 4th Sept. 1828, that the selections of Sections 17 and 30, and fractional Section 29, in-Township 2, North of Range 4, West, had also been approved as Seminary Lands.
I do not find any evidence in this office that Gov. Duval or his successors, have ever signified their willingness to receive thejfrociional sections named in the letter of the 9th June, 1827, as$«>Me sections.
Tlie quarter of section 8, T. 3, R. 3, N. and W. stated'to have been sold, appears to be the N. E. quarter, which leaves as the lands approved the South half and N. W. quarter in that section.
The foregoing, is believed to embrace all the action had by this Office, respecting thelocation ofthe two Townships ofLand granted to Florida for a Seminary of Learning. I enclose herewith, in compliance with your request, copies of the Township plats in which these locations have been made.
On the plat ofT. 5, It. 11, W., the several tracts entered by proemptors in 1826 and 1828, are shaded blue.
6


Qn the plats of'4T. 4, N., R. 7 W., 3 N., 9 W., 5 'N., 10 W., 3 N., 3 W., and T. 2 N., R. 4, W., the selections approved by the Secretary of the Treasury, are shaded yellow# ' On the plats of T. 4, N., R. 7, W., and T. 5, N., R, 7, W., the tracts shaded green, represent the selections of fractional sections, which would be approved, provided they were accepted asfull sections. The N. E. £ of Section 8, Township 3, N. of R. 3, W., is shaded blue, as having been sold. Of the selections approved by the Secretary of the Treasury, it appears that the W. % ofthe S. E. ^ ofSection 6, T. 5, R. 10, N. and W., has been inadvertently sold and patented, and that of the fractional sections which the Governor was advised would be approved, provided they were received as whole Sections, the lots 1, 2 and 5, in Section 33, T. 5, N. of R. 7, W., have likewise been sold and patented.Very respectfully,Your ob’t. serv’t.,
THO. H. BLAKE,
Commissioner.
Thomas Baxtzele, Esq., Tallahassee, Fla.
Notn. AUDITOR’S REPORT.
* Treasury Depakthent, >
Auditor’s Office, 15th December, 1844. $
To his Excellency John Branch—Sir: The Auditor of Public Accounts for the Territory of Florida, begs leave to submit to your Excellency and the Legislative Council his Annual Statement of the condition of the finances of the Territory.
Statement No. 1—Shews a settlement with the Territorial Trea
surer, leaving a balance in his Office oflive hundred and thirty-nine
12-100 dollars, $539 12-100.
< Statement No. 2—Shews amount returned on Auction Tax to be
two thousand four hundred and thirty-eight 57-100 dollars, $2j438
57-100, and amount received on Auction Tax, including arrears, to
be eighteen hundred and fifty-two 37-100, 1852 37-100, including
seventy-seven 3-100 dollars, not embraced in the Treasurer’s Report,
and on account of Orphan Fund ninety-three 8-100 dollars, $93
8-100; the balance returned, and not paid upon Auction Tax, is
principally from Key West, and will be paid during the Council, their
transactions being principally in specie, cannot be remitted by mail.
And amount returned by Clerks of Superior Courts, on account of
fines and forfeitures, two thousand two hundred and forty-nine 23-100
dollars, $2,249 23-100.'
Statement No. 3—Shews amount received on Territorial or Land
Tax for 1843, to be two thousand two hundred and sixty-nine 80-100
dollars, $2,269 80-100, and for 1844, three hundred and thirty 3-100
7


dollars, $3301'3-100; fortax on account of fines and forfeitures, five hundred and'eighty-ninJs-SS-lOO dollars, $589 28-100, including two hundred and ninety-on% 68-100, not included in the Treasurer’s Report, and from tax on Banks the sum of ninety-two 62-100 'dollars,
$92 62-100. I
Making recipts from,all sources, including those not included in the Treasurer’s Report, five thousand four hundred and ninety-two 81-100 dollars, $5,492 81-100. The expenses of the current year, as you will see by this statement, for criminal prosecutions in the sev
eral Judicial Districts, expense Executive and Treasury Departments,inspecting Militia, prosecuting broken Banks and collecting revenue, amounts to six thousand eighty-nine 81-100 dollars, $6,089 81-100, exceeding receipts of the present year, five hundred and,ninety-seven dollars, $597 00, to be added to fourteen thousand smfoundred and fourteen 45-100 dollars, $14,614 45-100, outstanding uncancelled warrants of previous years, making the whole amount of uncancelled warrants on the Treasury at this date, fifteen thousand, two hundred and eleven 45-100 dollars, $15,211 45.
You will see by this statement the amount returned on Land Tax for 1844, has been nine hundred and seventy-four 92-100 dollais, and the amount received three hundred and thirty 3-100 dollars, $330 03.
The returns from all the Counties have not yet been received, and I presume you are apprised that no effort is making to raise a tax in any of the Counties that did not levy and collect a tax last year.
For a list of defaulting officers and debts due the Territory prior to 1840,1begleavetorefer youJomyreports of1842and ’43. The only changes have been by Legislative acts for the relief of Jas. W. Exom, Marshal of the Apalachicola District, Jesse Carter, Tax Collector Alachua County, and the securities of Wm. H. Michael, Tax Collector Leon County. There is not the most remote probability of any portion of it being realized to the Territory—the parties have most of them become insolvent, died or removed from the Territory.
By my report of this date, Statement No. 2, will be seen the whole amount of arrears that have accumulated since my appointment to office in 1840, amounting .to two hundred and forty-three 70-100 dollars, $243 70, and these have been duly certified to District Attorney’s for collection, and it is confidently believed will be saved to the Territory.
I would respectfully invite the attention ofyour Excellency and the Legislative Council to the propriety of an effort to obtain from the General Government the amount expended by the Territory for the suppression of Indian hostilities, and relief of suffering inhabitants, during the Seminole war, amounting to nine thousand three hundred and seventy-seven 39-100 dollars.
During the meeting of the board of United States officers in this city, for the adjustment of claims against the General Government, 4 this account was' presented with the best evidence that could be obtained (and a part of this was one of the officers, Major Mapes, who
8


disbursed the amount,) they adjourned to Washington Gjty, without leaving inthisoffice anydecisioninthematter. Iaddressed a letter ofenquiry to-ourDelegate inregard toit, andwas informed thatthe collection hadtaken adifferent direction fromwhatIhadanticipated, and I have not heard from it since.
Very respectfully,Your obedient servant, JOHN MILLER, Auditor Public Accounts, Fla.
STATEMENT No. 1—Showing a Settlement with the Territorial
^ Treasurer, 15tK December, 1844.
DR.
1844.-r-By balance in the Treasury, 15th Dec. 1843, “ amount received from all sources, $ 570 31 4,765 47
$5,335 78
CR
1844.—By amount in the Treasury at this date, “ “ Auditor’s Warrants cancelled, $ 539 12 4,796 • 66
$5,335 78

Q
9


STATEMENT Wo. 9—Showing the Amount returned on Auction Tax ; the amount paid ; arrears paid; arrears unpaid ; Orphan Fujid; and the Amount returned by Clerics of Superior Courts on account of Fines and Forfeitures, for the year 1844.
NAMES OF AUCTIONEERS. j AM0*T reFn’d amo’t 1 arr’s PAID PAID arr’s orp’n itnp’d. tund
Alexander Patterson, Philip J Fontane, Blyden Vanhaun, F B Whiting, Wm H Wall, A F. Tift, John L Phillips, Jas. B. Starr, F A Browne, Geo W Barkley,C J Sheppard,Taurus Filor, JohnL Taylor, Thos Wilson, Hackley & Berry, Wm G. Ferris, H P. W Crane, A M. Myers,Jesse A. Brush, F. D, Wilson, $ 4 14 38 10 SO 01 6S1 94 0 97 533 03 65 39 42 68 196 96 3 12 28 285 81 11 18 4 72 348 06 2 02 4 39 2 58 29 18 38 79 36 21 SO 01 6 97 422 08 65'39 16 78 196 96 90 35 3 12 15 49 28 28£ 84 11 IS 4 72 348 06 2 15 4 39 19 64 99 43 25 91 77 I 8 32 40 48 4 00 38 68
Medicis, Venancio Sanchez," R D, Fontane, S. Dell, Wm Grant, Jas Keogh,E P Hunt,1 Joseph Quipgles, .E W. Dorsey,‘‘Jas Gonzalez, S. Staley, 2 50 14 40 11 45 99 80 2 41 2 50 53 42 10 50 11 03 6 75 13 36 87 3 90 68 57 11 47 13 06 42 1 60

243S 57 1173 64 67S 73 243 17 93 08
STATEMENT No. 2—(coxtqtced.)
NAMES OF CLERKS. COUNTIES. | am*t ret’d.
Isaiah D. Hart, Clerk of Duval County. 265 00 G R. Fairbanks, “ " St’. Johns & Mosquito 10 00 Geo Watson, “ “ Alachua &Hillsboro’. 31 00 E Amos, " “ “ Santa Rosa. 200 55 D G McLean, “ “ Walton. 67 00 C A Jorden, “ (e Escambia 576 12 Jas O Orneill, ““ Nassau 20 00 Wm. Budd, “ “ Jeffeison. 405 00
R. T Birchett, “ “ Leon. 704 56
§2279 23'
2
10
ST.ATElflENT

STATEMENT No. 3—Shews the Amount expendedin Prosecuting
Criminals in. the several Districts ; Expense Executive and Treasury Departments; Expense Prosecuting broken Banks, inspectingMilitia, and collecting Revenuefor 1843 and ’44; the amount receivedfrom ClerksandMarshals, onaccountofFines andForfeitures, and the amount receivedfrom tax on Banks.
—Exps. Prosecuting Crimes in M. Dist. $1185 92
“ “ “ “ East. Dt. 292 39
“ “ “ “ “ “ “ App. Dt. “ Wt. Dt. 905 IS 342 30
“ “ “ “ So. Dist. 15 20
“ “ “ “ “ Executive Department, Treasury “ Prosecuting broken Banks, Inspecting Militia, Collecting Revenue, 1019 76 728 17 240 00 944 44 416 45= 6089 81

Paid on draft in favor of Wm. H. Wall, j
for balance overpaid Auction Tax, 5 37= 5 37
6095 18
—Territorial Tax 1843 :
Rec-. of Geo. W. Taylor, Jefferson, 180 00 “ “ L. Starling, Madison, 99 48 “ “ R. K. Shaw, Gadsden, 846 04 T* ' “ Jas. Barry, Leon, 456 31
’ “ “ S. A. Braswell, Wakulla, 271 87 “ “H. Smith, Franklin, 416 10=2269 80 Territorial Tax 1844: Rec. of Jas. Barry, Leon County, 177 09
“ “ C. J. Sheppard, Franklin, Tax on account Fines Forfeitures: 152 94=
Rec. of E. Dorr, Marshal Wt. Dt. 172 85
“ “ J. Beard, “ East. Dt. 99 75
“ “ I. D. Hart, Clk. Duval Co. 25 00

o
COCO
03
“ “ J. G. Camp, Marshal M. D. 291 68= 589 28 Tax on Banlcs 1843 : Rec. of Bank of Florida, 92 62= 92 62 Ter'l. Taxret’d.Sfnotpaidfor 1844 :
By the Clerk ofLeon County, 482 29
““ ““ Wakulla County, 316 83
«« ua jYankiin “ 175 80= 974 92
—

12


DR. THE TERRITORY OP FLORIDA IN ACCOUNT
1844. To Expenses Treasury Department;Paid Treasury Warrant No.160 $ 75
CC It }ti cc
f 82 103 30 it il cc
t! tt 126 186 66 it cc ‘ tt tt
180 8
it u tc tt
161 747
C( It cc cc
162 12 70
it it cc tt
215 75
it it cc cc
231 75
C( tc it
“
214 300
cc ct it tt
231 75
ft it it tt
247 75
tt tt tc U
244 71 89=;1,065 02 To Expenses Executive Department; Paid Treasury Warrant No 133 40
(( it it cc
125 111 10
tt it tt it
125 200
tt tt tt tt
125 100
tt tt tc
V
125 100
it Ct, it it
228 127
tt tt tt tt
125 100
ct tc it if
206 200= 978 10 To Expenses Census, 1837; Paid Treasury Warrant No 114 84 75 To Expenses Collecting Revenue, 1843. Paid Treasury Warrant No. 174 48
it tt it It
156 20
it tt tt tt
210 36
tc cc tt ct
140 30
tt cc cc ti
230 50
“ “ “ “ 236 5475= 23875
To Expenses Collecting Revenue, 1844;
Paid Treasury Warrant No 237 12
“ “ “ “238 12= •24
To Auction Tax:
Paid W. H. Walker’s draft for this amount
overpaid by him in 1843 : 5 87
To Expenses Prosecuting Criminals Western District.
Paid Treasury Warrant No 164 28 25
cc cc tf
“
175 225
ft tt tt
“ 176 3
tt it cc
“ 177 6
* it tt tt
“ 30 20 05 IS ‘f ft “ 190 4=
Darned forward, $2,395 99
13

•WITH HENRY L. RUTGERS, TREASURER CR
1844. By Balance in Treasury, as per last Report $570 31 “ Auction Tax:
Rec’d of E. W. Dorsey, Auct’r, Leon County, $75 13
ft tt - John L. Taylor, W. G. Ferris, F. A Browne, “ “ “ Jefferson, Hillsborough,Monroe, 15 49 9 57 422 08
it a u t( u tt tt a ti tt it a tt tt it it t. (t , J. Filer, “ A. F. Tift,A. Patterson, “ James Gonzalez, '• P. J. Fontane, “ Medices, “ F. B. Whiting, “ H. P. W Crane, “ John L. Taylor, “ Hackley & Berry, “ S. Dill, M. A. Myers, “ G. W. Barkley, “ Thos. D. Wilson, “ Joseph Quigles “ W. G Ferris, “ C. J. Shepard, “ R. D. Fontane, “ tt tt tt Escambia, St. Johns,(t Wakulla, tt Jefferson, Leon, Franklin, ft Escambia, Gadsden, Escambia,. Hillsborough,Franklin, St. Johns, 90 35 6 97 2 58 36 87 2£ 18 2 41 2 98 4 72 3 12 233 04 10 50 188 42 ' 44 92 4 39 11 03 1 61 15 50 53 42
tt tt <( tt rt ft “ tt V. Sanchez, “ R. Van Baun, “ J. N. Brush, “ G. W. Barkley, “ M. A Myers, “ C J. Shepard, “ Hackley & Berry, “ James Filer, “ tt Escambia, St Johns, Escambia,Franklin, ft Leon, Monroe, 2 50 75 2 15 20 47 159 64 1 28 52 80 196 96
ct tt Thos. D Wilson, ft “ ft Gadsden, tt • 28 06= d,775,42

“
Fines and-Forfeitures :
Rec’d of I. D. Hart, Clerk, Duval County, 25 “ E. Dorr, Marshal, Western District, 172 85 “ J. Beard, “ Eastern “ 99 75= 297 60
“ Territorial Tax, 1843; Rec’d of G. W. Taylor, Tax-collector, Jefferson, 66
48 L. Starling, Madison, 99 48 Bank of Florida, 92 62 =306 10
Carried forward, $2,643 33
14


DR. THE TERRITORY OF FLORIDA IN ACCOUNT
1844. To amount brought forward, $63 55 2,395 99 Paid Treasury Warrant No. 191 6 « “ “ «192 750
ittt tttt
195 4
tttt a tt
197 350
It it ttit
128 12 75
it it ttit
116 41 75
ittt tt it
40 1790
U it it tt
94 675
u tt tt tt
182 32 54
u U ttt.
183 675
ttit tttt
184 690
ttit tt it
185 601
tta tttt
186 16 50
tt tt tttt
200 87 50
ttit tttt
96 6375
ittt tt it
198 140 25
it it tttt
171 137 75
tt tt tttt
103 122 37
tttt tt tt
32 390
tttt tt it
102 615 u it ttit
112 400 u it tttt
23 1100
tttt utt
31 390
tt tt tttt
202 390
it it tttt
193 370
tt uit
it 188 400 a -tt ttit
204 600
a tt tt tt
199 400
tttt tttt
196 600
ittt tt tt
203 600
it it tttt
189 24 00
tttt tt tt
187 600
ittt tttt
194 400
tttt ttit
200 600
ttit tt it
198 225
ttit (ftt
111 76 00=!
, Expenses Prosecuting Criminals Eastern District
Paid Treasury Warrant, No. 173 35 00
it it ttit
105 25 00
itit it it
212 20 00
it U Ittt
212 25 00
tt it tttt
212 24 75
it tt tttt
212 25 00
it U tttt
212 25 oo «=:179 75
Carried forward, $3,540 56
15


WITH HENRY L. RUTGERS, TREASURER, CR.
1844 By amount brought forward, $306 10=$2,643 33 Rec’d of G. W. Taylor, Tax Col Jefferson Co. 36 00
((
R. K. Shaw, it Gadsden “ 846 04
it ((
Jas Barry, Leon “ 384 65
it ti
G. W. Taylor', Jefferson “ 30 00
ce a
S. A. Braswell, Wakulla “ 271 87
(C ti
H. Smith, Franklin “ 416 10
it il
Jas. Barry, Leon • 71 66=
“
By Territorial Tax, 1844. . Jas. Barry, Tax Col. Leon County, 177 OR
C. J. Shepard, “ Franklin “ 152 94= 330 03
Carried forward, $5,335 78
16


DR THE TERRITORY OF FLORIDA IN ACCOUNT
1S44. To amount brought forward, $3,540 56
Paid Warrant No. 201 17 43
(C <(
“ 144 12 50
fC
tt
“ 172 27 12
tt tt
181 15 15
(£ tt
“ 163 39 85 it u “ 173 110 00
tt .u
“ 216 26 73 a u “ 240 150 00=
Expenses Pros Cnms. Apalachicola District:
Paid Warrant No. 109 245 25
tt it
“ 126 309 50
ft tt
“ 178. 100 00
it
it “ 178 56 39 it (<
“ 52 36 56
it tt
“ 178 109 62= 857 32 Balance, 539 12
$5,335 78
17
1.7

WITHjHENRY L RUTGERS, TREASURER CR.
1844 B / amount brought forward, $5,335 78 Dec 16. 1 balance inthe"Treasury, exclusive â–  of the School Land Fund, 539 12
Tliis balance i i composed of the following description of fund 3,‘viz: In notf s of the Union Bank of Florida, $439 12 “ Sank of Florida, 100 00=$539, 10 li’Y L. RUTGERS, Treasurer.
The Sc7iofil hand Funi in Account 'with Henry L. Rutgers, Treasurer.
Dr.
1844. To balance m hands of Treasure^, $902' 25
Cr.
1843. Dec’r . By balance in. "hands of Treasurer, $833 75 |0. “ Cash'received of J. H. T. Lorimer, 22 |9. “ “• “ T. P. Chaxres, 8 50
1844. Jan’y ! “ “ “ 'H'y Doggettj 38
$902 25 1844. Dec. 16. 3y balance, $902 25 This balan e is composed of the following de-' scrtption of ft nds, viz. Four Wan mts on the Territorial Treasury,
$200 each, $800 00 In Notes ol the Bank of Florida, $100 50 In pax fund „ 2 25= 102 25= ,$902 25
Treasury Department, ]
, Auditor’s Office, December 16th, 1844. I certify thit I have examined the above accounts and compare.d the same wilt* vouchers, and find them correct. JOHN MILLER, Aud. Pub. Act’s. Flonda.
18

Wo. IV,
!\fo

CORRESPONDENCE WITH THE U. S. ATTORNEY MIDDLE DISTRICT, &c.
Executive Office, >
* November the,30tb, 1844. 5
Dear Sir :—I am satisfied from representations made to me within the last twenty-four hours, that the President and Directors of die Union Bank of Florida are about to consummate an act which cannot fail to affect injuriously, the character of Florida, if not, to Impair her resources. I thereforej feel it to be my duty to eall on you, officially, to file an Information with the Judge of the Middle District, for the purpose of obtaining an Injunction to stay all farther proceedings, until the merits of the question can be judicially investigated. The facts are briefly these : The -Bank has obtained a judgment against the estate of A. Gatlirf on a Stock note,—on which an execution has issued for the benefit of John S. Sheppard, who has paid into the Bank Sterling Bonds,^for the payment of which Bonds, ffie property about to be sold was never designed lobe mortgaged.
The sale is advertised to take place in Tallahassee on Monday next, the second of December. You will, therefore, see the necessity of prompt action.
Respectfully, your obedient serv’t. (Signed) JOHN BRANCH. To Charles S. Sibley, Esq.,
District Attorney.
Tallahassee, December 20th, 1844.
To His Excellency, John Branch, Governor ofFlorida:
Sir :—We have deemed it our duty as Counsel for the Union Bank of Florida, to call your Excellency’s attention to certain proceedings now being taken, whereby the interests of the Territory msy.be affected.
AtthelastSpringTerm of Gadsden SuperiorCourt,RobertMaitland & Son, and Nathaniel Weed & Company, of New York, severally obtained judgment against Charles H. Dupont, of the countyof Gadsden, as endorser of sundry Post Notes of the Union Bank of Florida. Executions have been issued on those judgments, and levies^made, and sales advertised, of all the property ofthe Defendant, amongst the rest thirty-seven slaves, and one thousand and fifty acres of land, mortgaged many years since by said Dupont, who is a Stockholder of the Union Bank of Florida, to secure three hundred shares of Stock held by him in that institution.
Your Excellency is well aware of the provisions of the Charter of the Union Bank of Florida, whereby the property so mortgaged for Stock, is constituted a fund for the redemption of the Bonds issued by the Territory, upon the faith thereof, to raise the Capital of
I'•

the Batik. W th the njost attentive regard to this Charter, and the positions of thi judgment creditor^, the Territory, and the Bank, our well-advist d opinion Is, that the sale of this mortgaged property, to satisfy it ese judgments, would be wholly iitiproper, and unauthorised. T tewing-the Bank as a Trustee, as to the mortgaged property, and i he Territory as a cestuique trust, we apprise yourExcellency of the facts of the case, that proper steps may he taken without delay, to prevent such misapplication of the property, to purposes forei; 11 front the intention, find destructive of the objects contemplated 1 y the incorporation of'this institution.
By the end ised advertisement, your Excellency will perceive the sale is to t ike place on the 1st Monday in January next. 'The measures we i muld most respectfully suggest to arrest this sale, would be the f ling of an Information in the name of the Attorney of the U. S. fo ■ this'District, setting forth'the facts of the ease, claiming the’ii tervention of the Court in the premises. The absent and direci ion of your Excellency, that such proceedings be taken, will enab a us to defeat this improper interference with vested rights, while it will be the duty of the .Bank, to bear the expenses of the proceed: tigs tp be instituted on behalfof the Territorial Government. To ibtain such assent-ant} direction, is the object and purpose of this communication. • • '
Vary respectfully, your obedient servants.
E. C. CABELL,
M. A. LONG, % THOMAS H. HAGNEE.
Executive Office,
Tallahassee, Dec-l§t, 1844.;
Gentlemen I hasten te acknowledge the receipt of yours-of yesterday’s dat< , in which you state that ‘f we. Have deemed it our duty as Counse for the Union Bank of Florida, to call your Excellency’s atten ion to certain proceedings now-being taken, whereby the interests of the Territory.may be affected.”
You further remark, and veryjustly, in my.opinion, that by the Charter of said Bank “ the property so mortgaged for stock, is constituted a fund far the redemption of the Bonds issued by the Territory upon the t le faith thereof, to' raise the capital of the Bank,” and “ that the j ale of this mortgaged property, to satisfy these judgments would be wholly improper and .unauthorised.”
You also advis 3 “ that proper.steps may be taken without delay to prevent such'm: sapplication of the property to purposes foreign from the intenlio i, and destructive of the objects contemplated bythe incorporation of this Institution.”
You further st ggest that the District Attorney be directed to file an information “ setting forth the facts of the case, and claiming.the intervention of t te Court.” I jtm happy to have if'in my power to inforni you, that on the
<5 20

30th tiltimo my attention was, called to a similar case, and that I lost no time in giving the directions to the District Attorney, which you recommend in this case..
Moreover, prior to the receipt of your letter, I had given similar instructions in this very case ; and you will find him I doubt not ready to co-operate with you, to prevent the contemplated misapplycation of the mortgaged property.
You have deemed it your duty to call for my official aid in this affair ; and I am prepared to sustain yqu to the utmost of my ability, both in this case, and every other of like kind ; embracing the case of the Union Bank vs. A. M. Gatlin, doe’d., in which, I regret tojearn, the Bank is co-operating with speculators in impairing the Territorial securities. •
In conclusion, you will -not deem it obtrusive in me to urge the utmost vigilance, not only m presenting .sales of the mortgaged property, hut in frustrating all attempts to run it out of the. Territory, or to .remove it to remote and sequestered spots—contrary, as I believe, to”the spirit, if not the letter of the charter
-Respectfully, your obt. servt.
(Signed) JOHN BRANCH.
To Messrs. E. C. Cabell, M. A. Long, T. H. Hagner.
Executive Office, )
^ December 31st, 1844. S Sir : I herewith transmit to you a copy of a letter which I have received from Messrs Cabell, Long, &c., Counsel for the Union Bank of Florida and my answer. You will peTceive from its perusal, that they desire to co-operate with you, in certain matters, involving, as they represent, the interests of Florida. Having previous to the receipt of their letter called your attention to the case mentioned by them, I deem it only necessary for me at present to urge the utmost vigilance in detecting and frustratnjg .every attempt to impair.the Territorial securities, whether as m the case of Gatlin’s estate and Rarkhill’s, with the assent and co-operation of the Bank,'hr as m the case of Dupont, referred to above, with its opposition. You will of course exercise a sound discretion in every case, and adopt the means best calculated to protect the interests or honor of Florida, recollecting that the responsibility as to the manner is wilh you and pot myself. Very respectfully, your obedient, &c. . (Signed) ■ JNO. BRANCH. To C. S. Sibley, Esqr., U. S. AUy. for M. Florida.
Executive Office, )
. January 6th, 1845. ) Slr : I have this moment been informed th'at Judge Douglas has refused to grant an injunctlon'in the case of the Union Bank vs.
21


the Executors of L M. Gatlin, decM, and that no opportunity will or can be affordec to sustain the rights of the capitalists or the Ter-Titory, as the cast may be, either by'argument in Court, or by ap-peal to a higher t ibunal. * -' '
Under these ci cumstances, I feel it to be my duty as the Chief Executive Magisi rate of the Territory’, to call On you to cause the sale of the prope ty, to secure the Territory, or the capitalists, or Bond-holders, (tl is day advertised to take place,) to be forbidden, in order that inn icent purchasers may be on their-guard, and the Territory, or Bor i-holders saved harmless.
respectfully, your ojit. servant,
' • * JNO. BRANCH.
To C. S. SiBi 27, Esqr. U. 3. Dist. Atty.
Executive Office, )
January 9th, 1845. $
Sir :—I here’ dth transmit to you" a communication which I received last night from the Hon. W. D. Moseley, administrator on the estate of S.! ’arkhill, dec’d, and request that you forthwith take such steps in rel ition to the subject-matter of it as yon 'may deem proper to proven the misapplication of the property mortgaged to secure the loans made by the Bank on the faith of the Territory.
Although you may have failed in previous applications to the Court in cases s milar to this, "you are hereby instructed to persevere until the pr nciples involved are settled by the highest judicialtribunals known to the .Territory or the United States.
The honor of Florida requires this, independently of the three millions of dolla s intended to be secured by these mortgages.Respectfully,,ydur obedient' servant,' (Signed) ’' JOHN BRANCH. To C. S SlBLl 7, Esq.,
U. S. District Attorney.
No. V.
CORRESPONDENCE BETWEEN-THE GOVERNOR OF
NEW--YORJI AND-THE GOVERNOR OF FLORIDA.
Executive Department,,
Albany, June 21st, 1844. His'Excellency R.K.Gael :
Sir—Your r quisition, under date of 13th ultimo, for the arrest of Edwin G. 1 noth and James George* Graham, claimed to be fugitives from ju tice, was handed to me last evening by your agent, Mr. Camp
Duty to ptlb ic justice* requires a strict obedience to the law of Congress, autiiorizing the arrh'st and surrender of fugitives 'from justice. ‘ ■' -'1 /■
To stirrendi r a citizen to the*authorities of another State or Ter
22


rilory, to be tried for a crime is, in ali its aspects, delicate ; and, in my opinion, it should not be done, unless all the requirements of the law are complied with, and the offence charged is treason or felony, or other crime of sufficient magnitude to justify such a proceedure. In the case m question, your Excellency does not certify to the authenticity of the indictment and the accompanying papers, as the law requires : without which the law does not permit me to determine whether they are genuine ; hence the necessity of the Executive certificate to their authenticity.
The crime charged' in the indictment appears to be for a misdemeanor ; and it is alleged that the defendants, while Presidents of the Bank of Florida were guilty of culpable neglect or fraud; bywhich said Bank was unable to meet its liabilities in specie. The indictment does not sit forth of what the neglect and fraud consists. This is regarded as a fatal defect, and does not enable me to determine the enormity of the crime.
The term misdemeanor is of extensive application, and includes all offences that are not declared treason or felony.
Persons guilty of trivial offences may be indicted for a misdemeanor, and I cannot suppose that the term crime in the law qfCongress is intended to apply to such cases.
The view I.have taken of the subject forbids a compliance with your request.With respect, I pm your obt. sexvt. (Signed) WM. C. BOUCK.
Executive Office, )
Tallahassee, 25th July, 1844. )To His Excellency, Wa. C. Bouck,
Governor of'the State of New York :
Sin :—I have the honor to acknowledge the receipt of your Excellency’s letter of the 2tst ultimo, by which I am informed of the determination of your Excellency, not to comply with my requisition for the arrest and delivery of Edwin G. Booth, and James George Graham, demanded as fugitives from justice.
The first named individual has returned to the Territory voluntarily, and surrendered himself to the! proper authority. The second is still a fugitive from justice. I have the honor herewith to enclose a copy of the indictment found against this individual, certified in such manner and form as to remove the most fastidious objections to its authenticity, and I now respectfully repeat my demand for the apprehension and delivery of the offepder—James George Graham, to the agent of the Territory, by whom this wijlbe presented.
The principal reason assigned by you? Excellency for a non-compliance with my former requisition is, (hat" the crime chargedin the Indictment appears to be for a misdemeanor; and it is alleged that the defendants, while Presidents of the Bank of Florida
£3
were
guilty of c ilffable neglect and fraud, by'which said Bank was unable to meet i s liabilities in specie.”
Your Excelleficy adds, “ that the Indictment does not set forth of what the ict and fraud consists,” and this is regarded as a fatal defect, and does not enable you to determine the ‘-f enormity of
the crime.”
With every rispect for the opinion of your Excellency, I must here venture to :emark, that thB sufficiency of the Indictment is a judicial questioi , to be decided alone by a judicial tribunal. Nei
thet the form, o the facts set forth in the indictment are traversable before any othe department of the Government. If the IndictmeUt alledges, in terms sufficiently distinct to be comprehended, the fact that a “ crime “ has been committed by the fugitive from justice, no matter what ma r be the nature of that crime, it is, I apprehend, sufficient to sustaii the demand for such fugitive. By reference to the act of Cong •ess on this subject, your Excellency will perceive that without anj indictment whatever, on a mere affidavit, the demand may be s|ipported.
The act of Ci ngress requires, in express terms of the Governor of every State o Territory, the apprehension and delivery of all fugitives from jt stioe, demanded in due fotm, and by the proper authority where tt e “ offence charged by indictment or affidavit, is treason, felony, >r other crime”
This is the ’
language of the law, and all misdemeanors or offences, indictable St; <
common law, of made indictable by Statute, must, by any fair and ational construction, be considered as crimes, and embraced by th: act of Congress.
Nor is it by a ly means necessary that your Excellency should “ be enabled to letermine the enormity of the crime.” This is the peculiar provinc e of.a Court and Jury in Florida, where the offender has been indictijd, and not of your Excellency. The act of Congress does not i take the “ enormity of the crime ” a matter to be decided by Exe olive authority. It was never designed to impose on your Excellc ncy-the very delicate and embarrassing duty of passing judgment on the nature or enormity of crimes committed against the law; and dignity of this Territory. Your Excellency, in your Comme v,tary on Criminal Jurisprudence, has justly remarked, that “ the te m crime is of extensive application, and includes all offences tha are not declared Treason or Felony." Your Bxcellency cannot fail to perceive that the term “ crime ” in the act of Congress is of till more extensive signification, and embraces all offences of whajtiever grade or character rendered penal by law, and must, therefore necessarily include all indictable misdemeanors,
Your Excelh ncy has been pleased to remark, that11 persons guil
ty of trivial ces may be indicted for misdemeanor, and I ean
nqt suppose ths t the terra “ crime ” in the law pf Congress \vas in
tended to applj to such cases.” The Indictment against James
George Grahafi i., is for’misdemeanor,’ as jtour Excellency has ob
24


served, and it expressly charges fraud and culpable neglect— “ Fraud,'” throughout the Christian W.orkl, is‘regarded as “ crime,’* the morat law ha ; made it “ crime,” and in every State and Territory of this Union, it is an indictable offence, “ Culpable neglect in the officers of the Bank of Florida is made “ crime,” and is indictable under its Charter of Iucorpora'ion. The 8th section of the amended Charter of this Institution contains the following provision :—“ That should said Bank, at any time, either from culpableneglect or fraud of the Directors, or officers thereof, fail to redeem its liabilities in specie, the Directors and officers so offending, shall be liable to Indictment, and on conviction, may be imprisoned for any length of time not exceedingtten years, at the discretion of the Jury.”
This is the law which has been violated, and these the offences, with which the defendant stands charged, and which your Excellency has considered too trivial to be embraced in the term “ crime.” The facts of the case will shew the extreme delicacy, and the manifold objections to the position assumed by your Excellency.
The fugitive, James George Graham, a citizen of Virginia or New York, came to this Territory during the past winter, an entire stranger, but with letters of introduction, which proved, as no doubt they were intended to be, a passport to the unsuspecting^ confidence of our citizens. He became the purchaser and the President of the Bank of Florida, an institution, the paper of which was, at that time, equal in value to gold and silver In less than two months after he took charge of the Bank, as President and proprietor, and while its paper was yet in good credit, Mr. Graham left the Bank under false pretence, to go, as he “alleged, to the City of Apalachicola, in this Territory, on business of the Institution. His arrangements were, however, all previously made in secret, for precipitateflight, and after proceeding some twenty miles on the way to Apalachicola, he took the most direct and expeditious route to New York.
Not for many days after his departure was it suspected that the Sank had failed, or that its President had absconded, leaving a largecirculation of paper m this community, without one dollar for its redemption ; the assets of the Bank with a trivial exception, havingbeen previously sejnt to New York.
Thus the confidence of a generous people has beep abused, the laws of the Territory have been violated,’and a whole communityhas been swindled, either by the deliberate and premeditated fraud or “ culpable neglect ” of the President of the Bank.
This is the case in which your Excollency, through tender regard for individual liberty, and the delicacy of “ surrendering a citizen to the authority of another State or Territory, to be tried for a crime,” has refused to comply with my requisition, made in pursuance of the provisions of the act of Gongress on the subject.
Your Excellency may rest assured, that the authorities of tl>is
25


Territory are riot unmindful of the rights and liberty of the American citizen, anil that they would, perhaps, be no less unwilling than yourself, to inv tde those rights, or violate that liberty. But theydo persist, and they will continue most strenuously to persist in their just demand, ll at the offender in this ease be apprehended and delivered to the j .gent of the Territory, if to be found within the limits of the State of New York.
On taking a review of jour decision, I most fervently hope yourExcellency wi 1 perceive the propriety of complying with this requisition.
I have the honor to be, most respectfully,Your Excellency's obedient servant,
g. K. CALL.
Executive Department,
Albany, September 19th, 1844.a His Excellency Gov. Call .
Sir—John G. Camp yesterday, Esq, handed me your requisition, date of the first of last August for the arrest of James George Graham, claimed tc be a fugitive from justice, and also your communication dated the 25th ol last July
In June last, your Excellency made a requisition by your agent,for the arrest of the same person. Public duty, as I then, and now believe, compel ed me to deny your application, for reason brieflyand plainly stat id in my reply of the 13th of that month.
The papers tccompanying the requisition then submitted, were not authenticated according to the law of Congress; and the indictment was tegarded as defective. In stating these objectionsI certainly did lot intend to be over “ fastidious,” nor to evade yourdemand by those merely technical; but I was then, as I jm now, strongly impressed with the highly responsible, and delicate dutyof surrendering a citizen to be tried in a distant State or Territory ; and while it should not be refused, when legally and properly demanded, it ought, in my opinion, not to be granted, unless the legs! forms of the la v are fully complied with I cannot concede the correctness of he position assumed by your Excellency, that l am not to inquire into the “ sufficiency of the indictment” in its legal application. 'he indictment which accompanied your former requisition was mbmitted to the examination of one of the Judges of the Supreme Court of this State, who had no hesitation in pronouncing it defectr e. The indictment which accompanied your last requisition is nearly a literal copy of the former. I submitted it with the requ sition to the examination of the Attorney General, who fully sustains the opinion of the Judge 1 had previously consulted ; a cop r of his report accompanies this communication which you perceive idvises me “ to disobey the requisition.”
I concur in the opinion of the Attorney General, but in doing so I desire to as :ure your Excellency that there is no wish to refuse a surrender cf the person claimel to be a fugitive, whenever it shall be demtnded by the legal forms of law.
I beg yo i to receive assurances of my esteem. 4 WM. C. BOUCK
26


State of New York,
Attorney General’s Office —Albany, Sept. 19th, 1844. $
To His Excellency Gov. Bouck :
Sir—I have examined the papers your Excellency was pleased to submit to me, this morning.% upon which a requisition is made upon your Excellency by the Executive of the Territory of Florida, for the arrest and delivery to John G Camp, Esq., one of the Marshals of said Terutory, of one James George Graham, who, as alleged in said requisition, is charged with a misdemeanor, committed m said Territory, and as being a fugitive from justice.
From my own conclusions in this case, it will be unnecessaryfor me to express an opinion, whether the Executive upon whom a requisition is male under the Constitution, and the act of 1778 has any discretion in any conceivable case where a charge is legallymade, coming within the common law definition a crime, m as much as, upon consideration aided by the extended communication of his Excellency, the Goverrtor of the Territory of Florida, I am clearlyof the opinion that the certified copy of the indictment upon which the requisition is made in this case, legally considered, (and I presume that it will not be questioned, but that an indictment is to be considered as a legal proceeding) contains no charge either of treason, felony, or othsr crime. %
The indictment in question contains two count^, to wit:—
First—“ That the said Graham, being President of the Bank. of Florida, with force and arms, and against the peace of the Territory of Florida, unlawfully was guilty of culpable neglect as such officer, and President of said Bank of Florida, from which unlawful and culpable neglect of the said Janies George Graham, as such officer and President of said Bank of Florida, the said Bank of Florida -then and there failed to redeem their liabilities in specie, &c., concluding against the statute.
The second count charges the said Graham, being President, as aforesaid, w ah being guilty of fraud as such officer, from which unlawful fraud us such officer, the said Bank failed to redeem, See. as ,ii the first count.
You will sec that the inoictment contains the allegation of no facts bringing the case within any common law, or statutory offence, but'simply sti tes a conclusion, without a fact, upon which to found such conclusion Unless, therefore, the Territory of Florida has some statutory enactment dispensing with all substance as well as form in criminal pleadings, (and this you would not be justified in presuming from the communication of its Executive,) this indictment in any count having claims to be considered a count of law, would bd quashed on being read, on the ground that it charges no crime.
It is und lubtedly true, that i nder our Constitution and laws, extending ovqr differet t sovereignties, the Executive upon whom a requisition is made, should make proper allowances for the practice of the courts in tl e different States. But he should certainly, before he makes an order to delivei up a citizen, to be carried out of the State to be tried, see that it is done upon some charge, legally
27


made. Not that he should submit the indictment to any very nice analysis of special pleading; but he should, in my opinion, see that the wdictmeint does something more, than to call the accused by a hard name. ,
I am of opinion that his Excellency the Governor of Florida,under the Constitution and laws of the United States, has no right, upon the pipers submitted to me, to demand the surrender of James George Graham, and that it is the duty of your Excellency to disobey the requisition;.
I am, sir, with high consideration, '
Your Excellency’s obt. srvt.
GEO. P. BARKER.

No. VI.
Commonwealth of Massachusetts, )
Secretary's Office, Boston, October 2nd, 1844. $
Sin :—I have it in charge from the Governor of this Commonwealth, respectfully to ask your Excellency’s attention to the case of Jonathan Walker, a citizen of Massachusetts, said to be now in prison in Pensacola, in the Territory' of Florida, awaiting his trial on a charge of abducting certain slaves from that Territory
It is represented to the Governor, by respectable persons, that the confinement of said Walker, is attended with circumstances of unusual hardship : that, in a feeble state of health, he is loaded with heavyirons, and suffering from other severe treatment, unnecessaryfor his safe keeping and endangering his life. It is further alleged that his friends are confident of his having a good legal defence against the charge upon which he stands committed, but that theyneed time to take the proper steps for his vindication, he being a poor man, the head of a numerous family dependent upon hi labor, and unable to command the necessary professional aid, without assistance, which cannot be immediately obtained And the Executive of this Commonwealth is invoked to interest itself in any manner consistent with its constitutional obligations, to obtain a mitigation of the hardships which he is said to be enduring, and such a delay of proceedings as may afford opportunity for securing that highest object of justice, safety to the innocent.
The Governoi feels it to be due to the importance of the occasion, as well as to the high respectability' of the sources whence these representations proceed, and to the sensibility which exists upon the subject, among the good people of this Commonwealth, to apprize your |lxcollency of the circumstances, as they are reported to lnm, and respectfully request such exertion of influence or authority, on ypur pari, as official obligations may permit, and the claims of justice and humanity may dictate, to prevent the exercise of needless seventies in this case by subordinate officers, and to cause the legaj proceedings to be delayed fora sufficient time to afford the accused party every reasonable advantage for establishing his innocence j am accordingly directed, respectfully to request yourExcelleney tp cause this prosecution to be stayed long enough to admit of arrangements being made to obtain for said Jonathan Wal
28


ker, such able and effectual assistance as may enable him to main
tain his rights before the tribunals of his country. And I am fur
ther instructed to request that your Excellency will be pleased to
take care that he may be relieved from any illegal or unusual sever
ity in the manner of his confinement.
Assured that your Excellency will estimate justly the solicitude
on the part of the Governor of this Commonwealth, for the safety
of its helpless citizens, which dictates this communication, I have
the honor to subscribe myself,
Most respectfully,
Your Excellency’s obedient servant,
JOHN G. PALFREY, Secretary.
To his Excellency, the Governor of Florida.
Executive Office, October 25th, 1844.
My Dear Sir :—I herewith transmit to you a copy of a some
what extraordinary communication which I have received from the
Secretary of the Commonwealth of Massachusetts. I have not, and
probably may not take any official notice of it, for reasons which
will readily occur to you. You are, however, at liberty to make
such use of it as you may think proper ; as I have entire confi
dence in your discretion and ability to do justice to a subject which
seems to excite the sensibility of the good people of that Cottfmoiv
wealth, and which cannot be one of indifference to the Southern
slave-holder.
With the highest respect and esteem,
I am your’s truly,
JOHN BRANCH.
To Walker Anderson, U. S. Att'y for West Florida.
Office of the Attorney of the U S for West Florida, )Pensacola, November 9th, 1844. )
Sir :—On my return a few days since from Walton Court, I
found your Excellency’s letter of the 25th October, enclosing a copy
of a communication to yourself from the Secretary of the Common
wealth of Massachusetts on the subject of Jonathan Walker now in
prison here, awaiting his trial on a charge of negro stealing.’ Though I have kept myself informed, generally, as to Walker’s condition in prison ever since his arrest, I have taken pains since the receipt of your letter to procure more precise information on the subject, both from himself and from the officers who have had him in charge, and I am happy to inform your Excellency, that the Governor of Massachusetts has been entirely misled by the lt respectable persons ” who have represented to him, “ that the confinement of said Walker is attended with circumstances of unusual hardship, and that in a feeble state of health, he is loaded with heavy'“Irons, and suffering from other severe treatment unnecessary for his
safe keeping, and endangering hisTijie”
When he was committed, he was jn very feeble health, resulting
from his long exposure at sea in an Open boat; hut notwithstanding
his confinement, his health has gradually ameliorated until the pre
sent moment, when, as he informs me, and as he looks to be, he is
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in perfect health. He assures me that there is nothing he has to
• complain of in the treatment of the jailor and his family towards him, and that his prison fare has been satisfactory to him, exceptthat for a short time after his arrest, his feeble health made his ordinary fare distasteful to him ; but that he was soon able to supplyhimself with such tilings as he wished. It is true that he has been confined with a single chain around his ancle, but this was not regarded as' '• unnecessary to his safe keeping,” nor as being a “ circumstance of unusual hardship.”— The crime with which he is charged is characterized by our law as a very grave one, and the Executive officers of our Court have looked to that law for their guidance, rather than to the opinions of those to whom they at least owe no accountability Their duty required them to keep their prisoner securely, and I think I may assure your Excellency, that in performing this duty they have in no degree violated the dictates of humanity, or infringed any of the rights of the unfortunate man. I trust that these representations when conveyed by your Excellency to the Governor of Massachusetts, may allay “ the sensibilitywhich exists upon the subject among the good people of that Commonwealth.” The Secretary of the Commonwealth proceeds to say, “I am directed to request your Excellency to cause this prosecution to be stayed long enough to admit of arrangements being made to obtain for said Jonathan Walker such able and effectual assistance as may enable him to maintain his rights before the tribunals of his country.” There is no disposition, I am sure, in any of the officers of this Court to press this trjal with unusual precipitancy, but on the contrary, there is a sincere desire to do justice, and no more than justice to the accused ; and I may add that there prevails a wish to re ceive with due respect, the interposition of the authorities of Massachusetts in his behalf; but I apprehend to postpone the trial indefinitely, and thereby prolong a confinement considered so irksome, could scarcely be yielded with propriety to the request of the Governor of Massachusetts, if opposed to the wishes of the prisonerhimself. He has a right to demand hts immediate trial, and I have been assured by him only to-day, that he is anxious that his case should be disposed of during the present term of the Court. This desire of his. so natural in itself, we shall feel bound to regard as paramount in its claim upon us, to the wishes of his friends abroad— to say nothing of his right to enforce it I trust, therefore, that his Excellency of Massachusetts will perceive that we are prevented from complying with his request by the superfor duty of yielding to the wishes of the prisoner in this regard. Walker has expressed a wish that his trial should be postponed to as late a period of the term as practicable, and it has accordinglybeen fixed for the second week of the term, and I doubt not it will be put off to a still later period of the term, if the prisoner should show good cause therefor.
I deem it scarcely necessary to assure your Excellency that the delay so earnestly pressed upon your Excellency by the Secretary
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of the Commonwealth of Massachusetts is not indispensible “ to obtain for Walker such able and effectual assistance as may enable him to maintain his rights before the tribunals of his country.”— Counsel is within his reach here, fully competent to the task of maintaining his rights any where, and your Excellency, I am sure, anticipates me, in the assurance that his poverty will oppose no obstacle to his procuring the aid of such counsel
I remain, Sir, with much respect,
Your Excellency’s ob’t serr’t,
WALKER ANDERSON,
TJ S. Att’y.for West Florida.
To His Excellency, John Branch,
Governor orFlorida, Tallahassee.

No. YII
Executive Department, }
Columbia, 30th November, 1844.
â– Gentlemen ofthe Senate and House ofRepresentatives:
The accompanying communication was received by the last mail, and I deem it proper that it should be laid before you for your information. It will be seen that the State of Massachusetts has appointed a Special Agent to reside in this State, for the purpose of contesting, liy a senes of law suits, a long standing law of a peculiar character, which is deemed of vital impoitance to the security of our property, and the peace of our citizens. She has also appropriated a fundfoi thepurpose ofdefiaying theexpenses ofthelitigation. These facts I gather only from the communication of her Agent, which is tiansnntted to you. I have recened no notification fiom the Authorities ofthe State. It is for you to determine whether any, and what measures should be taken to maintain the police regulations, of this State within her limits. J. H. HAMMOND.
Charleston, 28th Nov., 1844.
Sir : Your Excellency is already infoimed of remonstrances made bythe Commonwealth ofMassachusetts against the arrest andimprisonmentofher citizensin South Carolina, againstwhom the commission ■ofnocrime isalledged. TheLegislature ofMassachusettsliasrecently passed a lesolve, authorizing the Governor of that State to appoint an Agent “ for the purpose of collecting and transmitting accurate information inspectingthenumberandthenames ofcitizens ofMassachusetts who have heretofore been, or may be, during the period of the engagement of the Agent, imprisoned without the allegation of any crime.” The Agent is also authorized to bring and prosecute one or more suits in behalf of any citizen that maybe so imprisoned, at the expense of Massachusetts, for the purpose of having the legality of such imprisonment tiied and deteru.ined in the Supieme Court of the United States.
The Governor of Massachusetts has appointed me agent of that
State, to execute the purposes above mentioned , and I arrived in this
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city this morning, for that purpose. I do not know that your Excellency will consider it proper in any way to notice this subject, yet propriety seemed to require this communication.
With great respect, your Excellency’s ob. st. SAMUEL HOAR. To His Excellency J. H. Hammond, Governor of South Carolina.
In the House of Representatives, Dec. 5,1844. Mr. DeSaussure, from the Committee on Federal Relations, to whom was referred Message No. 3 of his Excellency the Governor,, and the communication of Samuel Hoar, submitted the followingReport, which was read, and oidered to be considered immediately: The Committee on Federal Relations, to whom was referred the communication Qfhis Excellency the Governor, transmitting a letter addiessed to him by Samuel Hoar, an agent of the State of Massachusetts for certain purposes, submit the following Report: By an act passed on the 19th day of December, 1833, the General Assembly endeavored to guaid against the introduction of free negioes and persons of color into this State, upon principles of publicpolicy, affecting her safety, and her most vital interests. The rightof excluding from their tenitories conspirators against the public peace, and disaffected persons whose presence may be dangerous to their safetj7, is essential to every Government. It is ever) where exeicised by independent States, and there is nothing in the Constitution ortlio United States which forbids to South Caiolma the right, or relieves this Legislature from the duty, of providing for the publicsafety.Massachusetts has seen fit to contest this right, and has sent an agent to reside in the nndst of us, \those avowed object is to defeat a police regulation essential to our peace. Tins agent comes here, not as a citizen of the United States, but as the emissary of a foreign government, hostile to our domestic institutions, and with the sole purpose of subverting our internal police. We should be insensible to eveiy dictate of prudence, it we consented to the lesidence of such a missionary, or shut our eyes to the consequences ofhis interference with our domestic concerns. The Union of these Stales was formed for the puipose, amongotliei tilings, of ensuring domestic tranquility, and pioviding for the common defence; and m consideiation thereof, this State yielded the right to keep troops oi ships of war, in time of peace, without the consent of Congress , but while thus consenting to be disarmed, she has, in no pait of the constitutional compact, sui rendered her rightof internal government and police ; and, on the contrary theieof, has expressly reseived all poweis not delegated to the United States, nor piohibited by it to the States. The State of Massachusetts denominates as citizens, those personsfor whose piotection hei tender solicitude has devised this extraordinaiy mission. Yet if it were admitted that they aie citizens of that State, your CoVnmittee cannot suppose that she will challenge for them greater rights, immunities and privileges, within oui territories,
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than are enjoyed by persons of the same class in South Carolina. But your Committee deny that they are citizens, within the meaningof the Constitution; nor did Massachusetts herself treat as citizens, persons of this class residing within her limits, either at the adoption of the Constitution, or since; but, on the contrary, they were subjected to various disabilities, from which her other inhabitants were exempt.
Your Committee cannot but regard this extraordinary movement as part ofa deliberate and concerted scheme to subvert the domestic institutions of the Southern States, in plain violation of the terms of the national compact, and of the good faith which ought to subsist between the parties thereto, and to which they stand solemnly pledged.
Your Committee recommend the adoption of the following Resolutions:
Resolved, That the right to exclude from their territories, seditious persons, or others whose presence rnay be dangerous to their peace, is essential to every independent Stato.
Resolved, That free negroes and persons of color are not citizens ofthe United States, within the meaning 6f the Constitution, which confers upon the citizens of one State the privileges'’’and immunities ofcitizens in the seveial States.
Resolved, That the emissary sent by the State of Massachusetts to the State of South Carolina, with the avowed purpose of interferingwith her institutions, and disturbing her peace, is to be regarded in the character he has assumed, and to be treated accordingly.
Resolved, That his Excellency the Governor be requested to expel fiom our territory the said agent, after due notice to depart; and that the Legislatuie will sustain the Executive authority in any measures it may adopt for the purpose afoiesaid.
Resolved, That the Governor be requested to transmit forthwith to the Governors of the several Slates and Teiritories, a copy of his Message, No. 3, to this Legislature, communicating the letter of Samuel Hoar, agent from the State of Massachusetts, and also a copyof the Report and Resolutions of the Committee on Federal Relations of the House thereon, which has beefh agreed to by both branches of the Legislature.
I hereby certify, that the above Resolution was agreed to in the Senate, and concurred in by the House of Representatives. r THOMAS W. GLOVER,' Clerk H. R. ' House op Representatives, Dec. 6, 18441
— *
EXECUTIVE DEPARTMENT, > ? ‘ Columbia, South Carolina, Dec. 6, 1844. $ Sir: I have been requested by the Legislature of this'State-to transmit to you the above Message, and Report and Resolutions. I have the honor to be, very respectfully, your obt. serv.
J. H. HAMMOND.
To His Excellency the Governor of Florida.