Documenting the American South Logo
powered by google
  Highlights   |   About   |   Collections   |   Authors   |   Titles   |   Subjects   |   Geographic   |   Classroom   |   New Additions  

Senate Journal. Journal of the Proceedings of the Senate of the General Assembly,
of the State of Florida, at the Tenth Session, Begun and Held at the Capitol,
in the City of Tallahassee, on Monday, November 26th, 1860:
 Electronic Edition.

Funding from the Institute of Museum and Library Services
supported the electronic publication of this title.

Text scanned (OCR) by Apex Data Services, Inc.
Text encoded by Apex Data Services, Inc., Lee Ann Morawski and Jill Kuhn Sexton
First edition, 2000
ca. 1MB
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2000.

        © This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.

Source Description:
(title page) Senate Journal. A Journal of the Proceedings of the Senate of the General Assembly, of the State of Florida, at the Tenth Session, Begun and Held at the Capitol, in the City of Tallahassee, on Monday, November 26th, 1860. 424 p.
Tallahassee
Printed at the "Florida Sentinel" Office, by Hart & Barefoot
1860
Call number 1505.1 Conf. 10th 1860-61 (Rare Book Collection, University of North Carolina at Chapel Hill)

        The electronic edition is a part of the UNC-CH digitization project, Documenting the American South.
        The text has been encoded using the recommendations for Level 4 of the TEI in Libraries Guidelines.
        Original grammar, punctuation, and spelling have been preserved. Encountered typographical errors have been preserved.
        All footnotes are inserted at the point of reference within paragraphs.
        Any hyphens occurring in line breaks have been removed, and the trailing part of a word has been joined to the preceding line.
        All quotation marks, em dashes and ampersand have been transcribed as entity references.
        All double right and left quotation marks are encoded as " and " respectively.
        All single right and left quotation marks are encoded as ' and ' respectively.
        All em dashes are encoded as --
        Indentation in lines has not been preserved.
        Spell-check and verification made against printed text using Author/Editor (SoftQuad) and Microsoft Word spell check programs.

Library of Congress Subject Headings, 21st edition, 1998

Languages Used:

LC Subject Headings:

Revision History:

        

Illustration

SENATE JOURNAL.

A
Journal of the Proceedings
OF THE
SENATE
OF THE
GENERAL ASSEMBLY,

OF THE

State of Florida,

AT THE
TENTH SESSION,

BEGUN AND HELD AT THE CAPITOL, IN THE CITY OF TALLAHASSEE,
ON MONDAY, NOVEMBER 26TH, 1860.

TALLAHASSEE:
PRINTED AT THE "FLORIDA SENTINEL" OFFICE,
BY HART & BAREFOOT,
1860.

Page 3

SENATE JOURNAL.

MONDAY, November 26th, 1860.

        This being the day fixed by the Constitution for the General Assembly of this State to convene, the Senate was called to order at 12 o'clock, M., by F. L. Villepigue, Secretary of State.

        The roll being called, the following Senators appeared and took their seats:

        The Senators from 1st, 2nd, 3rd, 4th, 7th, 8th, 14th, 17th, 19th and 20th Districts were sworn in, in due form of law, by Hon. T. J. Eppes.

        A quorum present.

        On motion, the Senate took a recess until 1 o'clock, P. M.

ONE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        On motion, Hon. J. T. Magbee took the chair.

        On motion, the Senate went into nomination of President of the Senate.

        Mr. McQueen nominated T. J. Eppes.

Page 4

        Mr. McCall nominated J. T. Magbee.

        Mr. Magbee withdrew his name.

        The vote was:

        For EPPES--Messrs. Abercrombie, Jones, Dawkins, Davidson, Brokaw, Finlayson, McQueen, Ingram, Call, Baldwin, Simkins, Starke and Magbee--13.

        For MAGBEE--Mr. McCall--1.

        BLANK--Mr. Eppes--1.

        The President elect was conducted to the Chair by Messrs. Abercrombie and Finlayson.

        On taking the Chair the President addressed the Senate as follows:

ADDRESS:

        Senators--I thank you for the honor of selecting me your presiding officer. I am not unconscious of its duties and great responsibilities; but I trust the kind partiality which has induced my election will not be withdrawn, and by your assistance every Rule will be observed, order maintained, and the interests of our people guarded and advanced.

        We are in the midst of exciting times; times which make patriots tremble, lest their own zeal in view of our national wrongs, may either overpicture the gloom, or fail to act and depict aright its colors and its horrors. We should assemble as Brothers, and legislate as members of one great family. Events have, and are transpiring which admonish that we have met, not simply for the ordinary subjects of legislation, but the very destiny of our people, for weal or for woe, seems poised in the balance of our action. Let harmony therefore prevail; let us have no party contests here, no bickerings, no criminations or re-criminations. We are here as Senators, Floridians, Democrats, Whigs, in a word as Southerners. Let us show the world we are not divided! The sentiment of our people is united.

        In our conduct here let us ever bear in mind we represent a people inferior to none upon earth. Remember that people! They are gallant, law abiding, and invincible. They have rights! Defend them. They have honor! Guard it. They have dignity! Preserve it. They are free! Let them not by our conduct be made subservient.

        Thus our State will be truthfully represented, her interests local and general guarded, and her independence maintained. The eye of your State is upon you! You have accepted the trust. Be true to its fulfillment.

        With the earnest hope we may have a short and harmonious session, and that our labors will result in the permanent good of our beloved State, I again, Senators, return you my thanks for your distinguished consideration.


Page 5

        Mr. Call moved that the Senate go into election of officers of the Senate;

        Which motion was agreed to.

        Nominations being in order, Mr. McQueen nominated B. F. Parker, of Jackson county, for Secretary.

        Mr. McCall nominated F. C. Barrett.

        The vote was:

        For PARKER--Messrs. Jones, Eppes, Dawkins, Brokaw, Finlayson, McQueen, Ingram, Call, Simpkins, Starke and Magbee--11.

        For BARRETT--Messrs. Abercrombie, Davidson and McCall--3.

        BLANK--Mr. Baldwin--1.

        Mr. Call moved that the remaining officers to be elected shall be an Enrolling Clerk, Engrossing Clerk, Door-keeper, Sergeant-at-Arms and Messenger.

        Mr. Davidson moved as an amendment to said motion, that they also elect an Assistant Secretary;

        Which amendment was lost.

        The motion being put to vote, was adopted.

        On motion, the Senate went into the election of an Enrolling Clerk.

        Mr. McQueen nominated Edward M. West.

        Mr. McCall nominated F. C. Barrett.

        The vote was:

        For WEST--Messrs. Abercrombie, Jones, Eppes, Dawkins, Davidson, Brokaw, Finlayson, McQueen, Ingram, Call, Baldwin, Simkins, Starke and Magbee--14.

        For BARRETT--W. W. McCall--1.

        For Engrossing Clerk, Mr. McQueen nominated Luke Lott.

        Mr. Davidson nominated Mr. H. M. Hosford.

        The vote was:

        For LOTT--Messrs. Jones, Eppes, Dawkins, Brokaw, Finlayson, McQueen, Ingram, Call, Baldwin, Simkins, Starke and Magbee--12.

        For HOSFORD--Messrs. Abercrombie, Davidson and McCall--3.

        For Door-keeper and Sergeant-at-Arms, Mr. McQueen nominated John White.

        The vote was:

        For WHITE--Messrs. Abercrombie, Jones, Eppes, Dawkins, Davidson, Brokaw, Finlayson, McQueen, Ingram, Call, Baldwin, Simkins, Starke and Magbee--14.

        BLANK--Mr. McCall--1.

        For Messenger, Mr. McQueen nominated W. R. Coulter.

        Mr. Davidson, nominated Edward Brown.

        The vote was:

        For COULTER--Messrs. Eppes, Dawkins, Brokaw, Finlayson, McQueen, Ingram, Call, Simkins, Starke and Magbee--10.

Page 6

        For BROWN--Messrs. Abercrombie, Chain, Jones, Davidson, McCall and Baldwin--6.

        Messrs. Parker, White, West and Lott were then sworn into office.

        Mr. Call moved that a committee of three be appointed to select a printer and agree upon terms, and in the meantime to have the printing of the Senate done, which motion was agreed to and Messrs. G. W. Call, W. W. McCall and James Abercrombie were appointed on said Committee.

        Mr. Call gave notice that on to-morrow morning he would introduce

        A bill to be entitled an act to call a Constitutional Convention for the State of Florida; also

        Joint resolution in relation to the Convention; and

        Joint resolution in relation to adjournment.

        Mr. Dawkins moved that a Committee be appointed to inform the Governor and the House of Representatives that the Senate is organized and is ready for business.

        Which motion was agreed to, and Messrs. Dawkins, Starke and Magbee appointed said Committee.

        Mr. Call moved that the Sergeant-at-Arms be authorized to procure the necessary Stationery for the use of the Senate;

        Which was adopted.

        Mr. Chain moved that the rules of the last Senate be adopted to govern the present Senate until rules be reported by a Committee appointed for that purpose;

        Which was adopted.

        On motion, the Senate adjourned untill to-morrow morning, 10 o'clock.

TUESDAY, November 27, 1860.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Journal of yesterday was read and adopted.

        Senators from the 3d, 7th and 19th Districts, presented their credentials and were sworn in, by Hon. John Chain, Notary Public.

        The President announced the following Standing Committees:

Page 7

Page 8

        On motion of Mr. Dawkins, the Senate went into an election for Assistant Secretary of the Senate.

        Mr. Davidson nominated B. G. Pringle.

        Mr. Dawkins nominated J. D. Bassett.

        Mr. Magbee nominated R. L. Bruce.

        The vote was:

        For PRINGLE--Messrs. Bowers, Baldwin, Chain, Davidson and McCall--5.

        For BASSETT--Mr. President, Messrs. Abercrombie, Call, Dawkins, Ingram and Jones--6.

        For BRUCE--Messrs. Brokaw, McQueen, Magbee, Simkins, Stark and Walker--6.

        There not being a majority, the President declared there was no election.

        On the second ballot, the vote was:

        For PRINGLE--Messrs. Bowers, Baldwin, Chain, Davidson and McCall--5.

        For BASSETT--Mr. President, Messrs. Abercrombie, Call, Dawkins, Ingram and Jones--6.

        For BRUCE--Messrs. Brokaw, McQueen, Magbee, Simkins, Stark and Walker--6.

        There not being a majority for any candidate, the President declared there was no election, and another ballot was taken.

        The vote was:

        For PRINGLE--Messrs. Abercrombie, Bowers, Baldwin, Chain, Davidson, McCall and Jones--7.

        For BRUCE--Mr. President, Messrs. Brokaw, Call, McQueen, Magbee, Simkins, Stark and Walker--8.

        For BASSETT--Messrs. Dawkins and Ingram--2.

        There not being a majority for any one candidate, there was no election.

Page 9

        Mr. Dawkins withdrew the name of Mr. Bassett.

        Another ballot was taken, and the vote was:

        For PRINGLE--Messrs. Abercrombie, Baldwin, Chain, Davidson, Jones and McCall--6.

        For BRUCE--Mr. President, Messrs. Brokaw, Call, Dawkins, Ingram, McQueen, Magbee, Simkins, Stark and Walker--10.

        Mr. Bruce was declared elected Assistant Secretary.

        On motion of Mr. Abercrombie, the rules were waived, and he allowed to introduce without previous notice,

        A bill to be entitled an Act to establish the Planters' and Merchants' Bank of Pensacola.

        Mr. Call gave notice that he would on some future day introduce the following bills, viz:

        A bill to be entitled an Act making certain appropriation for the support of the Government;

        A bill to be entitled an Act to charter the Southern Export and Import Company;

        A bill to be entitled an Act to facilitate Criminal Proceedings;

        A bill to be entitled an Act to stay Executions for a certain time;

        A bill to be entitled an Act to require the different counties to pay the expenses of Jurors and State Witnesses in certain cases; and

        A bill to be entitled an Act to define the mode of selecting Grand and Petit Jurors in this State.

        Mr. Baldwin gave notice, that he would at some future day, ask leave to introduce,

        A bill to be entitled an Act to suspend the action of sections 6th and 11th of the Act to authorize the business of Banking in this State, passed Dec. 1852;

        A resolution for the relief of L. I. Fleming; also,

        A bill to be entitled an Act to increase the compentation of the Solicitors of this State.

        Mr. Brokaw gave notice that he would at some future day introduce,

        A bill to be entitled an Act to incorporate the Leon Cavaliers.

        Mr. Davidson gave notice that he would at some future day introduce,

        A bill to be entitled an Act to amend an Act to secure certain rights to married women; also,

        A bill to be entitled an Act to allow James R. Green, of Gadsden county, to contract and be contracted with.

        Mr. Brokaw moved that a committee of three be appointed to select a Chaplain;

        Which was adopted, and Messrs. Brokaw, Baldwin and Ingram was appointed said committee.

Page 10

        On motion of Mr. Ingram, 75 copies of the Standing Committees were ordered to be printed for the use of the Senate.

        Mr. Call pursuant to previous notice, introduced,

        A bill to be entitled an Act to call a Constitutional Convention for the State of Florida; also,

        Joint resolution in relation to the Convention; and,

        Joint resolution in relation to adjournment.

        Mr. Call moved that a committee of three be appointed to draft rules for the Senate and joint rules for the use of both Houses;

        Which was adopted, and Messrs. Call, McQueen and Chain appointed said committee.

        Mr. Baldwin read preamble and resolutions of a meeting of the citizens of Jacksonville;

        Which upon motion, was laid upon the table.

        The following message was received from the Governor:

GOVERNOR'S MESSAGE.

Executive Department,
Tallahassee, November 26th, 1860.

Gentlemen of the Senate and House of Representatives:

        The crisis, long expected by men of observation and reflection, has at length come. A series of aggressions and insults, commencing forty years ago, by the Northern States against the Southern, and increasing in audacity as time rolled on and the South forbore, has been pushed to a point at which further forbearance of the South would justify the allegation that we "are afraid to resist."

        The election of Lincoln and Hamlin to the two highest offices in the confederacy, viewed in connection with the circumstances that led to the result, and the determination of Northern fanatics to urge their mad schemes, regardless of the welfare and the security of the Southern people, ought to extinguish any desire of the latter to prolong their

Page 11

connection with those who show such an utter disregard of covenanted rights and of plighted faith.

        I will not insult your intelligence or trespass on your patience by recounting the aggressions already perpetrated, or by referring to those that must follow our submission. For myself, in full view of the responsibility of my position, I most decidedly declare that in my opinion the only hope the Southern States have for domestic peace and safety, or for future respectability and prosperity, is dependent on their action now; and that the proper action is--Secession from our faithless, perjured confederates.

        But some Southern men, it is said, object to secession until some overt act of unconstitutional power shall have been committed by the General Government; that we ought not to secede until the President and Congress unite in passing an act unequivocally hostile to our institutions and fraught with immediate danger to our rights of property and to our domestic safety. My countrymen! if we wait for such an overt act, our fate will be that of the white inhabitants of St. Domingo.

        But why wait for this overt act of the General Government? What is that Government? It is but the trustee, the common agent of all the States, appointed by them to manage their affairs according to a written constitution or power of attorney. Should the sovereign States, then--the principals and the partners in the association--for a moment tolerate the idea that their action must be graduated by the will of their agents? The idea is preposterous.

        Let it be constantly had in mind, this essential difference between the relation in which the thirteen colonies stood to the British empire and its government and that relation which the States of this Union occupy towards the federal power and authority. The colonies were fractional parts of one consolidated State. They had no separate organization or powers, except such as they derived from the King and Parliament of Great Britain, consequently they stood in the

Page 12

same relation to that government that the counties of Florida do to the State government. But how different is our condition! Our general government was created by separate, independent sovereign States. It was established for certain specified purposes, defined by a constitution, which constitution is a compact between the sovereign States who created it and all who have become parties to it. The COLONISTS were subjects of the British crown. This they often acknowledged by petitioning that power for a removal of their grievances. When, therefore, they resisted the authority of their confessed sovereign, they placed themselves in a state of rebellion, the purpose of which was revolution. They knew this, yet did they falter even with the penalty of treason staring them in the face? No--they met in conventions--they declared "that governments derived their just powers from the consent of the governed--that they were instituted to protect the people in the enjoyment of life, liberty and the pursuit of happiness, and that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it." Had they failed to maintain their asserted rights by the sword, they would have been amenable to the penalties denounced against treason. But they succeeded in establishing their independence. After this consummation of their noble struggle, the people of the several colonies, then acknowledged to be free and independent States, formed a new Confederation by framing and adopting, voluntarily, and each one for itself, that Constitution which is so flagitiously violated by many of the parties to the compact of fraternity.

        The preamble to this Constitution recites the purposes for which it was ordained, among which are these: "To establish justice, insure domestic tranquility," &c. Has it effected these objects? Let the question be answered by the forty years' war waged by the Northern States upon the just rights of the Southern--by the statute books of those States, disgraced with laws expressly designed to defraud us of our

Page 13

property, and at the same time insulting us with threats of fine and imprisonment if we seek to reclaim our property even through the operation of that Constitution which they were sworn to support. Let it be answered by the machinations of fanatics, and of cold-blooded knaves, to destroy our "domestic tranquility," and this, not only by secret sedition and insurrection, but also by avowed efforts, now nearly consummated, to pervert all the powers of a common government to the perpetration of their fiendish crimes.

        Such, fellow-citizens, is a meagre outline only of the pictures of wrong and outrage that we are expected to endure unresistingly. But shall we endure it? Heaven forbid! Forbid it the memory and the example of those noble patriots who pledged their "lives, their fortunes and their sacred honor" to maintain their liberty and their rights. Shall we, the descendants of such sires, relinquish the rich inheritance thus acquired? Must we jeopard our present security and our future existence as a free people, by stopping now to reargue the abstract question of the right of secession? I have already adverted to the important difference between the political responsibilities of the people of the thirteen old colonies and those which attach to the people of the United States. The former being subjects, could not withdraw from or forcibly oppose their government without an act of rebellion, for although they declared it their right to change their government, they were fully aware that the right depended upon their success in maintaining it. Not so with regard to the people of these States. They are not subjects but citizens--citizens, owing their first and highest allegiance to the respective sovereign States. While the States remain in the Union, the citizens may commit an act of rebellion against their particular States, or against the United States. But the moment that a State, in her sovereign capacity, declares a dissolution of the Federal ties, her citizens are absolved from all responsibility to the Federal Government, and the State released from all conventional obligations to her former

Page 14

associates. And more than this--a palpable infraction by one or more of the other States of the covenanted rights of one or more of the others, releases the latter from their obligations to the compact. And of such infractions and "the mode and measure of redress," each State has the right to judge for itself. This is a right inherent in States and can only be alienated by their voluntary act. In the Constitution of the United States, there is no relinquishment of this right--no transfer of it to any other power, tribunal or Judge. The right consequently remains to the State, perfect and unimpaired, and it were puerile to dispute about the name of the thing when the time has come for proving its efficacy.

        Entertaining these views, I most earnestly recommend a call of a Convention of the people of the State, at an early day, to take such action as in their judgment may be necessary to protect and preserve the rights, honor and safety of the people of Florida. I would further recommend a revision of the Militia laws, with a view to a more effective organization of the Military, and an appropriation of one hundred thousand dollars as a military fund for the ensuing year, to be expended ar fast as the public necessities may require.

Very respectfully,

M. S. PERRY.


        Which was read, and upon motion, 1,000 copies were ordered to be printed.

        On motion of Mr. Call the message was referred to the several committees to which it refers.

        Upon motion of Mr. Magbee, the rules were waived and he was allowed to introduce the following preamble and resolution:

        WHEREAS, There being great excitement in the Southern States on account of the repeated aggressions of the North against our Southern institutions, and on account of the recent election of a sectional candidate to the Presidency, who stands pledged to a continuous war against Southern institutions; And whereas, The aggressive policy of the Northern States may change our Federal relations with the General Government; Therefore,

Page 15

        Be it Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the General Assembly of the State will not, for the present, go into an election of a Senator of the United States.

        Mr. Rogers moved that the words "for the present" be stricken out, which was accepted by Mr. Magbee, mover of the resolution.

        Mr. Baldwin moved that the words "for the present" be restored;

        Upon which the yeas and nays were called by Messrs. Call and Rogers, and were as follows:

        Yeas--Messrs. Abercrombie, Baldwin, Bowers, Chain, Davidson, McCall and Jones--7.

        Nays--Mr. President, Messrs. Brokaw, Call, Dawkins, Ingram, Magbee, McQueen, Rogers, Starke, Simkins and Walker--11.

        So said motion was lost.

        Mr. Call, of the special committee, made the following report:

        The Committee appointed to select a Printer and agree upon terms,

REPORT:

        That they have selected Messrs. Hart & Barefoot of the Sentinel office, and have agreed upon the same terms paid by the last General Assembly.

GEO. W. CALL, Ch'n.


ORDERS OF THE DAY.

        A bill to be entitled an Act to establish the Planters' and Merchants' Bank of Pensacola.

        The reading of the Bill was dispensed with, and read first time by its title, the rule waived, read a second time by its title, and 100 copies ordered to be printed, and referred to Committee on Corporations.

        A bill to be entitled an Act to call a Constitutional Convention for the State of Florida, and Joint Resolutions in relation to Convention, and Joint Resolution in relation to adjournment--were read first time by their titles, the rule waived and read second time by their titles, and 100 copies of each ordered to be printed, and bill and resolutions referred to Committee on Federal Relations.

        On motion, the rule was waived and the following motions were allowed to be introduced:

        Mr. Call gave notice that he would at some future day introduce,

        A bill to be entitled an Act defining the condition of negroes and other persons of color in this State.

        Mr. Call moved that the Committee on Federal Relations be authorized

Page 16

to oct as a Joint Committee with the similar committee on the part of the House.

        On motion the Senate took a recess until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        The following communication was presented by Mr. Call, and read, and ordered to be spread upon the journal:

Washington City, Nov. 20, 1860.

To the President of the Senate and Speaker of the
House of Representatives of the General Assembly of Florida:

        Gentlemen:--Allow me, through you, to announce to the General Assembly, as the electing body under the Constitution of the United States for Senators in Congress, that upon learning at any time between this and the 4th day of March next, of the determination of Florida to dissolve her union with the Northern States, I shall promptly and joyously return home to support the banner of the State to which my allegiance is owing, and in which my family altar is established.

Respectfully, your serv.'t,

D. L. YULEE.


        Mr. Call moved that a committee of three be appointed to wait upon the House and lay said communication before that body;

        Which was adopted and Messrs. Call, Ingram and Rogers were appointed as said committee.

        Mr. Call asked leave to introduce the following bills:

        A bill to be entitled an Act to change the mode of selecting Grand and Petit Jurors in this State;

        A bill to be entitled an Act requiring the several counties in this State to defray the expenses of Jurors and State Witnesses;

        A bill to be entitled an Act defining the conditions of negroes and other persons of color in this State;

        Which were read first time by their title and placed among the orders of the day for a second reading on to-morrow.

        Pursuant to previous notice Mr. Call introduced the following bills, to-wit:

        A bill to be entitled an Act to facilitate criminal proceeding;

        Which was read a first time by its title and placed among the orders of the day for a second reading on to-morrow.

Page 17

        Also, a bill to be entitled an Act making appropriations for the support of Government;

        Which was read a first time by its title, the rule waived and read a second time, and 80 copies ordered to be printed for the use of the Senate.

        On motion of Mr. Dawkins, the Senate adjourned until 11 o'clock, to-morrow morning.

WEDNESDAY, November 28, 1800.

        The Senate met pursuant to adjournment.

        A quorum present.

        The following amendment to yesterday's proceedings was offered and adopted:

        "The committee appointed by the Senate to inform the House of Representatives of the organization of the Senate, and to act with a similar committee on the part of the House to inform His Excellency the Governor, that the General Assembly is organized and ready to receive communication, returned, and having discharged their duties, was discharged."

        R. L. Bruce, Assittant Secretary, and W. R. Coulter, Messenger were sworn into office by Hon. John Chain.

        Mr. Chain gave notice that after to-day he would ask leave to introduce the following bills:

        A bill to be entitled an Act to protect occupants or settlers upon the public lands of the State of Florida, in their possession of and to their improvements thereon;

        A bill to be entitled an Act to amend the law of this State regulating the issue of the process of garnishment;

        A bill to be entitled an Act to make Senean Brown, wife of Henry Brown, a free dealer; and,

        A bill to be entitled an Act to amend the road laws of this State.

        Mr. Call moved that the Door-keeper and Sergeant-at-Arms be authorized to have such fastenings placed on the Senate door as will prevent it from being opened so readily.

        Which was adopted.

        Mr. McQueen moved that the Committee on Militia be authorized to act as a joint committee with a similar committee on the part of the House;

        Which was adopted.

Page 18

        A committee from the House informed the Senate that the House would be ready to canvass the votes for Governor at 12 o'clock.

        The President appointed Messrs. Chain, Call and Brokaw a committee to inform the House that the Senate would be ready to repair to that body at 12 o'clock, and canvass the votes for Governor.

        Mr. Dawkins moved that the Sergeant-at-arms be instructed to procure from the Secretary of State, for each member of the Senate, a copy of the Constitution of the State, Acts and Resolutions of the last General Assembly;

        Which was adopted.

        On motion, the rule was waived and Mr. Call allowed to introduce,

        A bill to be entitled an Act authorizing the Bank of Fernandina to suspend specie payments whenever the other Banks in this State are by law authorized to suspend, and said bill placed among the orders of the day.

        Mr. Walker gave notice that he would on some future day introduce,

        A bill to be entitled an Act to repeal so much of the Act approved Feb. 7, 1859, as provides for consolidating the offices of Sheriff and Tax Collector in Wakulla county.

        Mr. Call gave notice that he would on some future day introduce the following bills:

        A bill to be entitled an Act to amend the pilot laws for the Port of Fernandina;

        A bill to be entitled an Act concerning replevin;

        A bill to be entitled an Act still further defining the duties of the Trustees of the Internal Improvement Fund;

        A bill to be entitled an Act to amend an Act to permit free persons of African descent to select their own masters and become slaves, approved Jan. 15, 1859; and

        A bill to be entitled an Act for the relief of A. J. Peeler and others.

        Mr. Duncan gave notice that he would on some future day ask leave to introduce,

        A bill to be entitled an Act for the relief of Josiah Price.

        Mr. Bowers gave notice that he would on to-morrow, ask leave to introduce,

        A bill to be entitled an Act to amend an Act to provide for the payment of costs in certain cases, in the Circuit Courts of the Western Circuit of this State, passed at the adjourned session of 1859.

        Mr. Baldwin gave notice that he would at some future day, ask leave to introduce the following bills:

        A bill to be entitled an Act to charter a Railroad from Jacksonville via St. Augustine to Indian River; also,

Page 19

        A bill to be entitled an Act to charter a Railroad from the town of Baldwin to the Georgia State line.

        Mr. Rogers gave notice that he would at some future day, ask leave to introduce,

        A bill to be entitled an Act in relation to the admission of Attorneys; also,

        A bill to be entitled an Act requiring Justices of the Peace to give bond; also,

        A bill to be entitled an Act to provide for taking down of testimony in the Circuit Court, in cases going to the Supreme Court.

        Mr. Baldwin, pursuant to previous notice, introduced the following bills, viz:

        A bill to be entitled an Act to suspend the action of Sections 6th and 11th of the General Banking laws of Florida;

        A bill to be entitled an Act to increase the compensation of Solicitors in this State;

        Which were placed among the orders of the day.

        Also, resolution for the relief of L. I. Fleming.

        Pursuant to previous notice Mr. Davidson introduced,

        A bill to be entitled an Act to allow James R. Green, of Gadsden county, to contract and be contracted with;

        Which was placed among the orders of the day.

        Mr. Chain read petition of Josiah Q. Guild, and others;

        Which was received and referred to Committee on Propositions and Grievances.

        Mr. Chain introduced the following resolution:

        Resolved, That the Judiciary Committee be and they are hereby instructed to ascertain if there be any law of this State to enforce the lien of ship-chandlers, store-keepers, and all dealers, mechanics and workmen on ships, vessels, steamboats or other water-crafts, for all stores, provisions, rigging or other materials, or labor, or service of any kind whatever furnished, or rendered to, or for the use of any such ship or vessel, or steamboat, or other wrter-craft, and to report, by bill or otherwise;

        Which was placed among the orders of the day.

        The following message was received from the House of Representatives:

House of Representatives,
November 28, 1860.

HON. T. J. EPPES,
President of the Senate:

        SIR: The House of Representatives has passed the following resolution, viz:

Page 20

        A Resolution to go into the election of Secretary of State, Treasurer, Attorney General and Comptroller, on the 29th inst.

Very respectfully,

A. J. PEELER,
Clerk House Representatives.


        Which was received and read.

        Mr. Call, from Committee on Rules, made the following report:

        The Committee to draft Rules for the Government of the Senate beg leave to

REPORT:

        That they have agreed upon the rules of the last Senate, with the following amendments, viz:

        From the 19th Rule strike out the words, "Sixth, Messages from the House of Representatives";

        Also, in the 27th Rule insert the word "or" between "nature" and "for";

        Also, add the following, to be numbered--

        Rule 44. To give effect to these rules, the President shall command the Sergeant-at-Arms to take into custody,--and if unable to do so, to summon a posse for that purpose--and confine until the Senate adjourns, any member for disorderly behavior, interruption of the proceedings of the Senate, after being called to order, or for persistent refusal to obey the chair in a legitimate order; but the member shall be entitled to an appeal to the Senate from the order

GEO. W. CALL, Chairman.


        Which report was received and 100 copies of the Rules ordered to be printed.

STANDING RULES OF THE SENATE.

        RULE 1. The President shall take the chair every day at the hour to which the Senate shall have adjourned; shall immediately call the members to order, and on the appearance of a quorum, shall cause the Journal of the preceding day to be read, unless the reading thereof, shall by unanimous consent be dispensed with.

        Rule 2. He shall preserve order and decorum; may speak to points of order, in preference to other members, rising from his seat for that purpose; and decide questions of order, subject to an appeal to the Senate by any two members; on which appeal, no member shall speak more than once, unless by leave of the Senate.

        Rule 3. He shall rise to put the question, but may state it sitting.

Page 21

        Rule 4. No member shall speak to another, or otherwise interrupt the business of the Senate, while the Journals or public papers are being read, or passing between the President and any other member who is addressing the Senate.

        Rule 5. Every member, when he speaks, shall address the Chair, standing in his place; and when he has finished, shall sit down.

        Rule 6. No member shall speak more than twice in any one debate on the same subject, without leave of the Senate.

        Rule 7. When two or more members shall rise at the same time, the President shall name the person entitled to proceed.

        Rule 8. When a member shall be called to order, he shall sit down until the President shall determine whether he is in order or not; and every question of order shall be decided by the President without debate, but subject to an appeal to the Senate.

        Rule 9. If any member shall be called to order for words spoken, the exceptionable words shall be immediately taken down in writing, that the President may be better enabled to judge of the matter.

        Rule 10. No member shall absent himself from the service of the Senate, without leave of the Senate; and in case a less number than a quorum shall convene, they are hereby authorized to send the Sergeant-at arms, or any other person or persons by them authorized, for any or all absent members, as the majority of such members shall agree, at the expense of such absent members respectively, unless such excuse for non-attendance shall be made as the Senate, when a quorum is convened, shall judge sufficient.

        Rule 11. No motion shall be debated until it be seconded.

        Rule 12. When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President, or any member, delivered in at the table and read, before the same shall be debated.

        Rule 13. When a question is under debate, no motion shall be received, but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit or to amend; which several motions shall have precedence in the order in which they stand arranged; and the motion to adjourn shall always be in order, unless when a member shall be engaged in addressing the Senate, or when the Senate shall be engaged in taking a vote; and the motions to adjourn and to lie on the table shall be decided without debate.

        Rule 14. If the question in debate shall contain several points, any member may have the same divided.

        Rule 15. In filling up blanks, the largest sum and the longest time shall be first put.

        Rule 16. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by vote of the Senate without debate.

        Rule 17. When the yeas and nays shall be called for by two of the members present, every member within the bar of the Senate, at

Page 22

the time the question was put by the President, shall, (unless, for special reasons, he be excused by the Senate) declare openly and without debate his assent or dissent to the question. In taking the yeas and nays upon the call of the Senate, the names of the members shall be taken alphabetically.

        Rule 18. On a motion made and seconded to shut the doors of the Senate, in the discussion of any business which may, in the opinion of any member, require secrecy, the President shall direct the gallery to be cleared; and during the discussion of such motion, the door shall remain shut; and no motion shall be deemed in order to admit any person or persons whatever.

        Rule 19. The following order shall be observed in taking up the business of the Senate, to-wit:--First, Motions; Second, Petitions, Memorials and other papers, addressed either to the Senate, or to the President thereof; Third, Resolutions; Fourth, Reports of Standing Committees; Fifth, Reports of Select Committees; and, Lastly, Orders of the Day.

        Rule 20. When a question has been once made and decided, it shall be in order for any member of the majority to move the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after a bill, resolution, message, report or amendment, upon which the vote was taken, shall have gone out of the possession of the Senate, announcing its decision; nor shall any motion for reconsideration be in order, unless the same shall be made within the next two days of actual session thereafter.

        Rule 21. The President shall have the right to name a member of the Senate to perform the duties of the Chair; but such substitute shall not extend beyond an adjournment.

        Rule 22. Before any petition, or memorial, addressed to the Senate, shall be received and read, whether the same be introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer; after which, it may be referred to a Committee.

        Rule 23. One day's notice at least shall be given of an intended motion for leave to bring in a bill.

        Rule 24. Every bill, resolution of a public nature, or resolution for the appropriation of the public money, shall receive three readings previously to its being passed; and the President shall give notice at each, whether it be the first, second or third, which readings shall be on three different days, unless in cases of emergency, four-fifths of the Senate may deem it expedient to dispense with the rules.

        Rule 25. The first reading of a bill or resolution of a public nature, or for the appropriation of the public money, shall be for the information of the Senate, at which reading the introducer shall have the right to state the general principles of the bill or resolution,

Page 23

as the case may be, and the causes for introducing it; and if opposition be made to it, the question shall be, "shall the bill or resolution be rejected?" upon which question there shall be no debate. If no opposition be made, or if the question to reject be negatived, the bill or resolution shall go to a second reading without a question.

        Rule 26. No bill or resolution of a public nature, requiring the appropriation of public money, shall be committed or amended until it shall have been twice read, after which it may be committed or amended.

        Rule 27. When a bill or resolution of a public nature, or for the appropriation of public money, shall have been read the second time, and before both sides of the question shall have been put to the Senate upon its passage, it shall be in order for any member to move its commitment to a Committee of the whole house--that it lie on the table for its indefinite postponement--for its postponement to a day certain--for its commitment to a Standing Committee--to a Select Committee--or to amend; which motions shall have precedence in the order above stated. After a bill or resolution shall have been amended, it shall again be read as amended for the information of the Senate, before the question shall be put upon its passage.

        Rule 28. The final question upon the second reading of every bill or resolution, requiring three readings previously to being passed, shall be, "whether it shall be engrossed and read a third time."

        Rule 29. Before a bill or resolution requiring three readings shall be read the third time in the Senate, it shall be carefully engrossed, (without interlineation or erasure,) under the direction of the Secretary of the Senate, and upon this reading of the bill or resolution it shall not be committed or amended without the consent of three-fourths of the Senate.

        Rule 30. It shall not be in order to amend the title of a bill or resolution until it shall have passed its second reading.

        Rule 31. The title of bills, and such parts thereof only as shall be affected by proposed amendments, shall be inserted in the Journals.

        Rule 32. The President of the Senate shall appoint the following Standing Committees, which shall thus be denominated:

Page 24

        Rule 33. All confidential communications made by the Governor to the Senate, shall be, by members thereof, kept secret, until the Senate, by their resolution, take off the injunction of secrecy.

        Rule 34. All information or remarks touching or concerning the character or qualifications of any person nominated by the Governor to office, shall be kept secret.

        Rule 35. When acting on confidential Executive business, the Senate shall be cleared of all persons, except the Secretary, Sergeant-at-Arms, Messenger and Door-Keeper.

        Rule 36. The proceedings of the Senate, when not acting in Committee of the Whole, shall be entered on the Journals as concisely as possible, care being taken to detail an accurate and true account of the proceedings.

        Rule 37. Messages shall be transmitted to the House of Representatives by the Secretary; upon each of which shall previously be endorsed by the Secretary, the final determination of the Senate thereon.

        Rule 38. Messengers may be introduced in any stage of the business, except while a question is being put, or while the yeas and nays are being called.

        Rule 39. The Governor of the State, former Governors of the State and Territory, Senators and Representatives from this State in the Congress of the United States, State House officers, members of the Representative branch of the General Assembly, and Judges of the Chancery and Circuit Courts of this State, shall be admitted to a seat within the bar of the Senate Chamber and any other person upon the invitation of a member of the Senate.

        Rule 40. The Secretary of the Senate, Sergeant-at-Arms, Messenger and Door-keper, shall be severally sworn by the President, well and faithfully to discharge their respective duties, and to keep secret the proceedings of the Senate, when sitting with closed doors.

        Rule 41. No member who was without the bar of the Senate when the question was put by the Chair, shall be permitted to vote on the question then before the Senate, without the unanimous consent of the Senate.

        Rule 42. No Rule herein adopted for the Government of the Senate, shall be amended or suspended, without the consent of four-fifths of the Senate, except Rule No. 1, which shall only be suspended by the unanimous consent of the Senate.

Page 25

        Rule 43. That upon the adjournment of the General Assembly, the Secretary of the Senate shall be required to file in the office of the Secretary of State, all papers on file with him relating to unfinished business, all original papers and Journal of the Senate, and that he be required to obtain a certificate from the Secretary of State that such has been done, and file the same with the Treasurer before receiving his compensation.

        Rule 44. To give effect to these rules, the President shall command the Sergeant-at-Arms to take into custody--and if unable to do so, to summon a posse for that purpose--and confine until the Senate adjourns, any member for disorderly behavior, interruption of the proceedings of the Senate, after being called to order, or for persistent refusal to obey the Chair in a legitimate order; but the member shall be entitled to an appeal to the Senate from the order of the Chair.


        Mr. Call from the Joint Committee on Federal Relations, made the following report:

        The Joint Committee on the subject of Federal Relations, to whom was referred so much of the Message of the Governor as relates to Federal affairs, and to whom was also referred the Senate and House bills to provide for the calling of a Convention of the People of the State of Florida, beg leave to

REPORT:

        That they cordially endorse and approve of the views and recommendations of his Excellency, incorporated in his Message. Your Committee, therefore, present the annexed bill, to be entitled an Act to provide for calling a Convention of the people of the State of Florida, as to the result of their joint action, with the recommendation that the same do pass.

GEO. W. CALL,
Chairman of Senate Committee.

D. P. HOLLAND,
Chairman of House Committee.


        The Committee appointed to select a Chaplain for the Senate beg leave to

REPORT:

        That they have selected the Rev. Dr. DuBose; and the committee respectfully ask to be discharged.

P. B. BROKAW, Chairman.


Page 26

        The following communication was received from the Governor.

Executive Department,
Tallahassee, November 27, 1860.

Gentlemen of the Senate and House of Representatives:

        I submit herewith the reports of the Treasurer and Comptroller, exhibiting the financial condition of the State, together with the reports of the Attorney General, Register and Salesman, and the Treasurer of the Internal Improvement Fund, to which your attention is respectfully invited.

Very Respectfully,

M. S. PERRY.


        Which communication, together with reports, were received, and 1,000 copies ordered to be printed.

ORDERS OF THE DAY.

        A bill to be entitled an Act to provide for calling a Convention of the People of the State of Florida;

        Was read the second time.

        Mr. Baldwin moved that the bill be laid on the table;

        Which was lost.

        On motion, the Senate took a recess until two minutes before 12 o'clock, M.

TWO MINUTES BEFORE TWELVE O'CLOCK, M.

        Senate resumed its session.

        A quorum present.

        A committee from the House informed the Senate, that the House was now ready to canvass the vote for Governor.

        On motion, the Senate adjourned to the Representative Hall, and after some time spent in canvassing the votes, the Senate returned to their Chamber.

        On motion, the Senate took a recess until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        Upon motion, the rule was waived and Mr. McCall allowed without previous notice, to introduce,

Page 27

        A bill to be entitled an Act for the relief of Joseph B. Wood, of Columbia county;

        Which upon motion, was read a first time, the rule waived and read a second time by its title, and referred to the committee on Claims and Accounts.

        A bill to be entitled an Act to provide for calling a Convention of the people of the State of Florida;

        Was read a second time, and upon motion the Senate went into a Committee of the Whole on the state thereof--Mr. Chain in the Chair, and after some time spent therein, the committee arose, and through their Chairman reported the bill back to the Senate without amendment and recommended its passage.

        Mr. Davidson moved that the words "3rd day of January" be stricken out, and the words "17th day of January" be inserted instead thereof;

        Upon which the yeas and nays were called for by Messrs. McCall and Call:

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Chain, Davidson and McCall--7.

        Nays--Mr. President, Messrs. Call, Dawkins, Duncan, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins and Walker--12.

        So the motion was lost.

        The bill was then put upon its passage;

        Upon which the vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Starke, Simkins and Walker--19.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Upon motion, Messrs. Call, Brokaw and Bowers were appointed a special committee to convey said bill to the House.

        On motion, the Senate adjourned until to-morrow morning 10 o'clock.

THURSDAY, November 29, 1860.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.

Page 28

        The Journal of yesterday's proceedings were read, amended and confirmed.

        The following bill having passed the Senate, was handed to the select committee to convey to the House:

        A bill to be entitled an Act to provide for calling a Convention of the people of the State of Florida;

        Which committee returned and reported that they had discharged that duty, and were discharged.

        Mr. Magbee gave notice that he would at some future day ask leave to introduce the following bills:

        A bill to be entitled an Act to incorporate the Peas Creek Navigation Company; and

        A bill to be entitled an Act to incorporate the Withlacoochee River Navigation Company.

        Mr. Dawkins gave notice that he would on some future day, ask leave to introduce,

        A bill to be entitled an Act declaratory of the sense of the General Assembly as to the grant of lands to aid in the construction of the different Railroads in this State.

        Mr. Chain gave notice that he would after to-day, ask leave to introduce,

        A bill to be entitled an Act to amend the laws of this State in relation to elections.

        Mr. Call gave notice that he would on some future day ask eave to introduce the following bills, viz:

        A bill to be entitled an Act to amend in part the existing Militia laws;

        A bill to be entitled an Act providing for a State uniform and flag;

        A bill to be entitled an Act organizing the Volunteer corps of this State; and

        A bill to be entitled an Act to amend the charter of the city of Fernandina.

        Pursuant to previous notice the following bills were introduced, viz:

        By Mr. Call:

        A bill to be entitled an Act to amend the pilot laws for the Port of Fernandina;

        A bill to be entitled an Act to amend an Act to permit free persons of African descent to select their own masters and become slaves, approved Jan. 15, 1859;

        A bill to be entitled an Act for the relief of A. J. Peeler and others;

        A bill to be entitled an Act still further defining the duties of the Trustees of the Internal Improvement Fund; and

        A bill to be entitled an Act concerning Replevin.

Page 29

        By Mr. Walker:

        A bill to be entitled an Act to repeal so much of the Act approved January 7th, 1859, as consolidates the offices of Tax-Assessor and Collector and Sheriff of Wakulla County.

        By Mr. Chain:

        A bill to be entitled an Act to make Senean Brown, wife of Henry Brown a free Dealer; and

        A bill to be entitled an Act to protect occupants or settlers upon the public lands of the State of Florida, in their possession of, and to their improvements thereon.

        By Mr. Bowers:

        A bill to be entitled an Act to amend an Act, to provide for the payment of costs by Plaintiffs in certain cases, in the Western Judicial Circuit.

        By Mr. Baldwin:

        A bill to be entitled an Act to encorporate the Jacksonville, St. Augustine and Indian River Railroad bill.

        On motion of Mr. Chain, the petition of Josiah J. Guild, and twenty-six others, citizens of Santa Rosa County, which was on yesterday presented and referred to the Committee on Propositions and Grievances was withdrawn and referred to a Special Committee of three.

        Mr. Simkins moved that Mr. Rogers, Senator from the 18th District be added to the Committee on Militia;

        Which was adopted.

        Mr. Rogers gave notice that he would at some future day introduce,

        A biil to be entitled an Act to provide for Recording Administrators' Bonds.

        Mr[.] Abercrombie gave notice that he would on some future day introduce,

        A bill to be entitled an Act to authorize the County Commissioners of Escambia County to borrow money to build a Court House and Jail;

        A bill to amend an Act regulating Pilots and Pilotage of the Bay of Pensacola;

        A bill declaring who shall be held and considered as orphans;

        A bill to establish Notaries' fees;

        A bill to change the time of holding the Courts of the Western Circuit; and,

        A bill to authorize the building of a Bridge over Bayou Texas.

        Mr. Call gave notice that he would on some future day introduce,

        A bill to be entitled an Act providing a mode and manner for enforcing claims against the several counties in this State.

        On motion of Mr. Chain, the House resolution in regard to the election of State officers, was placed first among the orders of the day.

Page 30

        Mr. Magbee, from the Committee on Corporations, made the following report:

        The Committee on Corporations, to whom was referred a bill to be entitled "An Act to establish the Planters' and Merchants' Bank of Pensacola," have had the same under consideration, and have instructed me, their Chairman, to make the following

REPORT:

        That it has been made to the satisfaction of the Committee that the notice required by the Constitution has been given in the Pensacola Observer, a newspaper published in this State, that a Charter for a Bank at Pensacola, would be applied for at the present session of the General Assembly, and it also appearing that the rapid growth, increase of commerce and agricultural demand of the Western part of the State require Banking facilities, and that there is at present no Bank established in that section of the State; it is therefore recommended by the Committee that said bill do pass, with the following amendments, to-wit: In the 6th line of the first section, after the word "dollars," insert the words, "nor less than one hundred thousand dollars;" and in the 8th line of the same section, after the word "each," insert, "and that there shall be not less than twenty stockholders, a majority of whom, at least, shall be residents of the State of Florida;" and in the 21st line same section, insert the letter "E," between the words "Ezekiel" and "Simpson;" and in the 22d line, insert the letter "J," between the words "William" and "Keyser." And in the 9th line of the 2d section, after the word "business," insert "the said bank shall not go into operation until one hundred thousand dollars in specie shall have been actually paid in." And in the 4th line of the 3d section, between the word "Commissioners" and the word "the" insert the words "in specie;" and in the 5th section, line the 3d, between the words "been" and "paid," insert the word "actually;" and in the same line and section, between the word "in" and the word "and," insert the words "in specie." In the 78th line of the 6th section, after the word "security," strike out all up to the word "neither," in the 104th line, and insert the following: "That the said Bank shall be restricted to the business of exchange, discount and deposit, and shall not speculate or deal in real estate or stock of other corporations or associations, or in merchandize, or chattels, or be concerned in insurance, manufacturing, exportation or importation, except of bullion or specie; shall not act as Trustee in anywise, nor shall the Bank own real estate or chattels except such as shall be necessary for its actual use in the transaction of business or which may be pledged as further security, or received towards or in satisfaction of, previously contracted debts, or purchased at legal sales to

Page 31

satisfy such debts,--of which it shall be required to make sale within two years after the acquisition thereof."

        All of which is most respectfully submitted.

JAMES T. MAGBEE, Chairman.


        Which was received and read, and the bill placed among the Orders of the day.

ORDERS OF THE DAY.

        House resolution in regard to going into election of State officers on the 29th inst.;

        Came up on its first reading; and

        On motion, the rule waived, and resolution read second and third times and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Bowers, Brokaw, Call, Chain, Duncan, Ingram, Magbee, McCall, McQueen, Rogers, Starke, Simkins and Walker--15.

        Nays--Messrs. Baldwin, Dawkins, Davidson and Jones--4.

        So said resolution passed--title as stated.

        On motion, a committee was appointed consisting of Messrs. Rogers, Bowers and Starke to wait upon the House and inform that body of the passage of said resolution.

        The committee after a short absence returned, and reported that they had performed that duty, and were discharged.

        Resolution in regard to Convention, was on motion, postponed.

        A bill to be entitled an Act making appropriation for the support of Government;

        Was read the second time, rules waived, read a third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Jones, Magbee, McCall, McQueen, Rogers, Starke, Simkins and Walker--17.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be tertified to the House of Representatives.

        On motion, the rule was waived, and Mr. Baldwin from the committee on Claims and Accounts allowed to make the following report, to-wit:

        The committee to whom was referred the bill to be entitled an Act for the relief of Joseph B. Wood, of Columbia county,

Page 32

REPORT:

        That they have had the same under consideration and authorize me to recommend its passage.

A. S. BALDWIN,
Chm'n Com. on Claims and Accounts.


        Which report was read and bill placed among the orders of the day, rule waived and read a third time by its title, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Finlayson, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Starke, Simkins and Walker--20.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an Act defining the condition of negroes and other persons of color in this State;

        Was read the second time, and upon motion referred to the committee on Judiciary, and 80 copies ordered to be printed.

        A bill to be entitled an Act requiring the several counties in this State to defray the expenses of Juror and State Witnesses;

        Was read a second time, and upon motion was seferred to the committee on Judiciary, and 80 copies ordered to be printed.

        A bill to be entitled an Act to facilitate criminal proceedings;

        Was read a second time, and upon motion was referred to the committee on Judiciary, and 80 copies ordered to be printed.

        On motion, the rule was waived, and Mr. Call allowed to make the following motion:

        Mr. Call moved that the Comptroller and Treasurer be requested to furnish to the Senate a tabular statement showing the amount of taxes paid by each county, the expenses of Jurors, State Witnesses and criminal prosecutions, and also the amounts of fines received from such prosecutions in each county during the fiscal year last ended;

        Which was adopted.

        A bill to be entitled an Act to change the mode of selecting Grand and Pettit Jurors in this State;

        Was read the second time by its title, and referred to the committee on Judidiary, and 80 copies ordered to be printed.

        A bill to be entitled an Act authorizing the bank of Fernandina to suspend specie payment, whenever the other banks in this State are by law authorized to suspend;

Page 33

        Was read the first time and placed among the orders of the day for a second reading on to-morrow.

        A bill to be entitled an Act to charter the Southern Export and Import Company;

        Was read the first time, rule waived and read a second time by its title, and referred to the committee on Corporations.

        A bill to be entitled an Act to allow James R. Green, of Gadsden County, to contract and be contracted with;

        Was read a first time, and placed among the orders of the day for to-morrow.

        Resolution for the relief of L. I. Fleming;

        Was read a first time, rule waived and read a second time by its title, and referred to the committee on Claims and Accounts.

        Resolved, That the Judiciary Committee be and they are hereby instructed to assertain if there be any law of this State, to inforce the lien of Ship-Chandlers, Store Keepers and all dealers, Mechanics and workmen on Ships, Vessels, Steamboats or other water crafts, for all Stores, provisions, rigging or other materials, or labor or service of any kind whatever furnished, or rendered to or for the use of any such Ship or Vessel, or Steamboat, or other Water Craft, and to report by Bill or otherwise;

        Was read a second time and referred to committee on Judiciary.

        A bill to be entitled an Act to increase the compensation of the Solicitors of this State;

        Was read a first time and placed among the orders of the day for a second reading on to-morrow.

        A bill to be entitled an Act to suspend the action of Sections six and seven of the general Banking Law of the State of Florida;

        Was read a first time and placed among the orders of the day for a second reading on to-morrow.

        A bill to be entitled an Act to amend the Pilot Laws for the port of Fernandina;

        Was read a first time and placed among the orders of the day for a second reading on to-morrow.

        A bill to be entitled an Act to amend an Act to permit free persons of African descent to select their own masters and become Slaves, approved January 15th, 1859;

        Was read a first time, rule waived and read a second time by its title and referred to committee on the State of the Commonwealth.

        The following communication was received from the House of Representatives:

Page 34

House of Representatives,
November 29, 1860.

HON. T. J. EPPSE,
President of the Senate:

        Sir: The House has passed the following resolution, viz:

        Resolution relative to the sale of the Stocks of other States held by the Comptroller for the payment of the debts of the State and for the purchase of arms, &c.

Very Respectfully,

A. J. PEELER
Clerk of the House of Representatives.


        Which Resolution was received and placed among the orders of the day.

        A bill to be entitled an Act for the relief of A. J. Peeler and others;

        Was read a first time and placed among the orders of the day for a second reading on to-morrow.

        On motion a committee was appointed consisting of Messrs. Call, Davidson and Abercrombie, to wait upon the House and inform that body that the Senate had adopted the joint rules of both Houses in relation to the election of State officers.

        The Committee appointed to wait upon the House to inform that body of the action of the Senate, in regard to joint rules in relation to the election of State officers, informed the Senate that they had performed that duty, and were discharged.

        On motion, the Senate took a recess until 3 minutes before 12 o'clock.

THREE MINUTES BEFORE 12 O'CLOCK, M.

        The Senate resumed its session.

        A quorum present.

        The Resolution in regard to the election of a United States Senator,

        Was read a third time, and, upon motion, was referred back to a second reading, and ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an Act still further defining the duties of the Trustees of the Internal Improvement Fund;

        Was read a first time and placed among the orders of the day for a second reading on to-morrow.

        A bill to be entitled an Act concerning replevin;

Page 35

        Was read a first time and placed among the orders of the day for a second reading on to-morrow.

        A bill to be entitled an Act to repeal so much of the Act approved January 7th, 1859, as consolidates the offices of Tax Assessor & Collector and Sheriff, of Wakulla county;

        Was read a first time and placed among the orders of the day for a second reading on to-morrow.

        A bill to be entitled an Act to make Senean Brown, wife of Henry Brown, a free dealer;

        Was read a first time and placed among the orders of the day for a second reading on to-morrow.

        A bill to be entitled an Act to protect occupants or settlers upon the public lands of the State of Florida, in their possession of, and to their improvement thereon;

        Was read a first time and placed among the orders of the day for a second reading on to morrow.

        A bill to be entitled an Act to amend an Act to provide for the payment of costs by plaintiffs in certain cases in the Western Judicial Circuit;

        Was read a first time and placed among the orders of the day for a second reading on to morrow.

        A bill to be entitled an Act to establish the Planters' and Merchants' Bank of Pensacola;

        Was read a second time and amendments, as reported by Committee on Corporations adopted, and ordered to be engrossed, as amended, for a third reading on to-morrow.

        A committee from the House informed the Senate that the House was now ready to go into the election of State officers.

        On motion, the Senate repaired to the Representative Hall.

        On motion of the Speaker of the House, the President of the Senate took the Chair.

        The President having stated the object of the joint meeting;

        The election of Secretary of State being first in order, the name of F. L. Villepigue was put in nomination;

        The vote was:

        For VILLEPIGUE--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Finlayson, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Starke, Simkins and Walker--20; House--46;--Total--66.

        The President declared F. L. Villepigue duly elected Secretary of State.

        The President announced that the election of Treasurer was next in order;

        The name of Charles H. Austin was put in nomination;

        The vote was:

        For AUSTIN--Mr. President, Messrs. Abercrombie, Baldwin, Bowers,

Page 36

Brokaw, Call, Chain, Dawkins, Duncan, Finlayson, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Starke, Simkins and Walker--20;--House--46;--Total--66.

        The President declared Charles H. Austin duly elected State Treasurer.

        The President announced that the election of Attorney General was next in order.

        The names of Thos. T. Long and John B. Galbraith were put in nomination;

        The vote was:

        For GALBRAITH--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Chain, Finlayson, Jones, Magbee and Walker--10;--House--21;--Total--31.

        For LONG--Messrs. Call, Dawkins, Duncan, Ingram, McCall, McQueen, Rogers, Starke and Simkins--9;--House--21;--Total--30.

        Blank--Mr. Davidson--1;--House--1;--Total--2.

        There not being a majority for any one candidate, the President declared there was no election.

        The joint Assembly then proceeded to another ballot;

        The vote was:

        For GALBRAITH--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Finlayson, Jones, Magbee and Walker--9;--House--22;--Total--31.

        For LONG--Messrs. Call, Dawkins, Duncan, Ingram, McCall, McQueen, Rogers, Starke and Simkins--9;--House --22;--Total--31.

        Blank--Messrs. Davidson and Chain--2; --House 3;--Total--5.

        There not being a majority for any one candidate the President declared that there was no election.

        On motion, the joint Aassembly proceeded to ballot for Comptroller;

        The President declared nominations in order.

        The names of Robt. Williams, L. G. Pyles and John Beard were put in nomination.

        The vote was:

        For WILLIAMS--Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Finlayson, Jones, Magbee, Starke and Walker--9;--House--22;--Total--31.

        For PYLES--Mr. President, Messrs. Call, Dawkins, Duncan, Ingram, McCall, McQueen, Rogers and Simkins--9;--House--18;--Total--27.

        For BEARD--Mr. Chain--1;--House--6;--Total--7.

        Blank--Mr. Davidson--1;--House--1;--Total--2.

        There not being a majority for any one candidate, the President declared there was no election.

        The joint Assembly then proceeded to another ballot.

        The vote was:

Page 37

        FOR WILLIAMS--Messrs. Abercrombie Baldwin, Bowers, Brokaw, Chain, Finlayson, Jones, Magbee, Starke and Walker--10;--House 22;--Total, 32.

        For PYLES--Mr. President, Messrs. Call, Dawkins, Duncan, Ingram, McCall, McQueen, Rogers and Simkins--8;--House, 20;--Total, 28.

        BLANK--Mr. Davidson--1.

        For BEARD--House, 6;--Total, 6.

        There not being a majority the President declared there was no election.

        On motion of Mr. Call the joint meeting then adjourned, and the Senators returned to the Senate chamber.

        On motion the Senate took a recess until 3 o'clock, p. m.

THREE O'CLOCK, P. M.

        Senate resumed its session.

        A quorum present.

        House Resolution relative to the sale of stocks of other States held by the Comptroller for the payment of the debts of the State and for the purchase of arms, &c.;

        Was read a first time, rule waived, and read a second time, and referred to a special committee consisting of Messrs. Baldwin, Rogers and McQueen.

        The following resolution was received from the House of Representatives:

House of Representatives,
November 29, 1860.

HON. T. J. EPPES,
President of the Senate:

        Sir: The House of Representatives has passed the following Senate bill, viz.:

        A bill to be entitled an Act to provide for the calling of a Convention of the people of Florida.

Very respectfully,

A. J. PEELER,
Clerk House of Representatives.


        On motion the rule was waived, and Mr. Davidson was allowed to introduce the following resolution:

        Be it Resolved by the Senate and House of Repretentatives of the State of Florida in General Assembly convened, That we earnestly recommend to the State Convention which is to meet on the 3d

Page 38

day of January, A. D., 1861, in accordance with an Act passed by the present General Assembly, that the action of said Conentivon be submitted to the people of said State for their ratification;

        Which was read and placed among the orders of the day.

        On motion the rule was waived and Mr. Call was allowed to present the following additional rule of the Senate to be numbered--

        Rule 45. No motion necessary to go on the Journal shall be entertained by the President until the same is reduced to writing, except motions to adjourn, which shall be at the discretion of the President, and motions of course, such as to read a paper, to place among the orders of the day, to read a second time, or to engross for a third reading on the morrow. And the introducer of every bill or resolution shall furnish a written statement containing the name of the Senator and the fact that pursuant to previous notice he introduces said bills, naming them by their titles;

        Which was adopted.

        Mr. Dawkins moved that the rules be waived and be permitted to introduce a bill without previous notice;

        Which was agreed to.

        Mr. Dawkins then introduced the following bill:

        A bill to be entitled an Act for the relief of Gen. William E. Anderson and others;

        The rules, on motion, were then waived and said bill was read a first and second time by its title and ordered to be engrossed for a third reading on to-morrow.

        A Committee of the House appeared at the bar of the Senate and informed the Senate that the House had instructed its Judiciary Committee to act as a Joint Committee with the Judiciary committee of the Senate to consider a House bill entitled an Act to authorize the suspension of specie payments by the Banks of this State, and the agencies of Banks that are engaged in the banking business in this State, and an Act to stay Judicial Sales in this State.

        On motion the Rule was waived, and Mr. Ingram from the committee on engrossed bills made the following report:

        The committee on engrossed bills beg leave to report the following resolution as correctly engrossed:

        Resolution in relation to electing a United States Senator.

        TILLMAN INGRAM Ch'm.

        Which report was received, and resolution ordered to be placed among the orders of the day for a third reading on to-morrow.

        Mr. Call moved that the vote postponing until to-morrow the consideration of the resolution in relation to adjournment, and the resolution in relation to the Convention, be reconsidered;

        Which was adopted.

Page 39

        Mr. Baldwin moved to fill the first blank with the words "7th day of December 1860;"

        Which motion was lost.

        Mr. Call moved to fill the blank with the words "5th of December;"

        Upon which the yeas and nays were called for by Messrs. Call and Baldwin;

        The vote was:

        Yeas--Messrs. Baldwin, Call, Rogers and Starke--4.

        Nays--Mr. President, Messrs. Abercrombie, Bowers, Brokaw, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Simkins and Walker--13.

        So said motion was lost.

        Mr. Baldwin moved that the blank be filled with the words "11th December;"

        Which the Chair decided to be out of order, a motion for a later date having been lost;

        From which decision an appeal was taken;

        Upon which the yeas and nays were called for by Messrs. McCall and Walker;

        The vote was:

        Yeas--Messrs. Abercrombie, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins and Walker--14.

        Nays--Messrs. Baldwin, Bowers and McCall--3.

        So the decision of the Chair was sustained.

        Mr. Call moved to fill the blank by inserting "the 4th day of December;"

        Which motion was lost.

        Mr. Call moved to fill the blank by inserting the words "3d day of December;"

        Which motion was lost.

        The following message was received from the House of Representatives:

House of Representatives,
November 29th, 1860.

HON. T. J. EPPES,
President of the Senate:

        Sir:--The House has this day passed the following Resolution, viz:

        Resolution relative to the price of public lands in this State.

Respectfully,

A. J. PEELER,
Clerk of the House of Rep.


Page 40

        Which was received, and the resolution placed among the orders of the day for to-morrow.

        The following message was received from the House of Representatives:

House of Representatives,
November 29th, 1860.

HON. T. J. EPPES,
President of the Senate:

        Sir:--The House has passed the following bill, viz:

        A bill to be entitled an Act to quiet titles and to prevent unjust and vexations litagation in the County of Escambia.

Respectfully,

A. J. PEELER,
Clerk House of Representatives,


        Which was received, and ordered to be placed among the orders of the day for to-morrow.

        Mr. Magbee moved that all after the words "General Assembly" be stricken out and the words "will remain in session until all the business thereof shall have been disposed of" be substituted;

        Upon which the yeas and nays were called for by Messrs. Ingram and Walker;

        The vote was:

        Yeas--Messrs. Baldwin, and Magbee--2.

        Nays--Mr. President, Messrs. Abercrombie, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, McCall, McQueen, Rogers, Starke Simkins and Walker--16.

        So said motion was lost.

        Mr. Dawkins moved to fill the first blank with the words "1st day of December, 1860;"

        Which motion was adopted.

        Mr. Chain moved that the second blank of the resolution be filled by inserting the words "17th day of January, 1861;"

        Mr. Dawkins offered the following substitute:

        Insert the words "3d Monday in January," in lieu of the words "17th day of January;"

        Which was adopted.

        Mr. McQueen moved to reconsider the adoption of the amendment;

        Upon which the yeas and nays were called for by Messrs. Magbee and Rogers;

        Upon which the vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Davidson, Ingram, Jones, Magbee, McCall, McQueen, Rogers and Simkins--11.

        Nays--Messrs. Abercrombie, Baldwin, Bowers, Chain, Dawkins, Starke and Walker--7.

Page 41

        So the adoption of said amendment was reconsidered.

        The question then recurred, shall the amendment offered by Mr. Chain be adopted;

        Upon which the yeas and nays were called for by Messrs. Call and Walker;

        The vote was:

        Yeas--Messrs. Baldwin, Bowers, Dawkins and Starke--4.

        Nays--Mr. President, Messrs. Abercrombie, Brokaw, Call, Chain, Davidson, Ingram, Jones, Magbee, McCall, McQueen, Rogers and Simkins--13.

        So the amendment was lost.

        Mr. Abercrombie moved to fill the blank with the words, "Fifteenth day of January, 1861;"

        Upon which the yeas and nays were called for by Messrs. Rogers and Ingram;

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Bowers, Chain, Dawkins and Walker--6.

        Nays--Mr. President, Messrs. Brokaw, Call, Davidson, Ingram, Jones, McCall, McQueen, Rogers, Starke and Simkins--11.

        So the motion was lost.

        Mr. Rogers moved to fill the blank with the words "7th day of January, 1861;"

        Upon which the yeas and nays were called for by Messrs. Rogers and Ingram;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Starke and Simkins--14.

        Nays--Messrs. Abercrombie, Bowers, McCall and Walker--4.

        So said amendment was adopted.

        Mr. Dawkins moved that the word "oaths" be stricken out and insert in lieu thereof the word "certificates;"

        Which motion was adopted.

        Mr. Baldwin moved to reconsider the vote last taken on the resolution for adjournment;

        Which was adopted.

        Mr. Baldwin then moved to strike out the words "a sum sufficient to answer actual expenses" and insert "5 cents per mile;"

        Which motion was lost.

        The resolution was then ordered as before amended, to be engrossed for a third reading on to-morrow.

        Upon motion the rules were waived, and Mr. Brokaw was allowed to introduce the following resolution, viz:

Page 42

        Resolved, That we go into the election of Comptroller and Attorney General, on to-morrow, at 12 o'clock, 30th November.

        A Resolution in relation to the Convention;

        Was ordered to be engrossed for a third reading on to-morrow.

        On motion the Senate adjourned until to-morrow morning at ten o'clock.

FRIDAY, November 30, 1860.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.

        The minutes of yesterday were amended, the reading dispensed with, and confirmed.

        In pursuance to previous notice Mr. Call introduced the following bills, viz:

        A bill to be entitled an Act to amend in part the existing Militia laws;

        A bill to be entitled an Act to organize the Volunteer forces of this State;

        A bill to be entitled an Act providing for a State Uniform and Flag; and

        A bill to be entitled an Act to amend the charter of the city of Fernandina.

        Mr. Brokaw moved that the rules be waived for the purpose of introducing a bill;

        Which was adopted.

        Pursuant to previous notice, Mr. Abercrombie introduced the following bills, viz:

        A bill to be entitled an Act to authorize the County Commissioners of Escambia county to borrow money to build a Court House and Jail;

        A bill to be entitled an Act to amend an Act regulating Pilots and Pilotage of the Bay of Pensacola;

        A bill declaring who shall be held and considered as orphans;

        A bill to be entitled an Act to establish Notaries' fees;

        A bill to be entitled an Act to change the time of holding the Courts of the Western Circuit; and

        A bill to be entitled an Act to authorize the building of a Bridge over Bayou Texar.

        On motion of Mr. Chain, the petition of Josiah Q. Guild and 26

Page 43

others of Santa Rosa county, which was referred to the committee on Propositions and Grievances, be withdrawn and referred to a special committee of three, consisting of Messrs. Chain, Jones and Dawkins.

        Mr. Brokaw moved that the resolution to go into the election of State officers be taken up and placed first among the orders for today.

        Mr. Call gave notice that he would, on some future day, introduce,

        A bill to be entitled an Act to charter the Fernandina Wharf Company;

        A bill to be entitled an Act to charter the Fernandina Steam Packet Company;

        A bill to be entitled an Act to amend the Act governing the County Commissioners of Nassau county in certain cases.

        Mr. Brokaw moved that the petition of Randolph & Wells, in regard to swamp and overflowed lands be referred to a Select committee of five to be appointed by the Chair;

        Which was adopted.

        Messrs. Brokaw, Abercrombie, McQueen, Dawkins and Duncan were appointed said Committee.

        Mr. Magbee presented the petition of sundry citizens of Hillsboro' county, &c.;

        Which was read, petition received, and on motion was laid upon the table.

        The Committee on Enrolled Bills made the following report:

        The Committee on Enrolled Bills beg leave to report the following Bill as correctly enrolled:

        A bill to be entitled an Act to provide for calling a Convention of the People of the State of Florida.

Respectfully submitted,

E. C. SIMKINS,
Chairman Com. on Enrolled Bills.


        The Committee on Claims and Accounts made the following report:

        The Committee on Claims and Accounts, to whom was referred the resolution for the relief of L. I. Fleming

REPORT:

        That they have examined the subject and find that the claim of the said Fleming is just and correct, and recommend that the Resolution do pass.

A. S. BALDWIN,
Chairman Com. on Claims and Accounts.


Page 44

        Mr. Baldwin, from a Select Committee, made the following report:

        The Select Committee to whom was referred the House Resolution relative to the sale of the stocks of other States held by the Comptroller, for the payment of the debts of the State, and the purchase of arms and munitions

REPORT:

        That there seems to be some supplementary legislation necessary to fully secure the interest of the several Funds proposed to be divested by the Resolution to the immediate use of the State, but the Committee can see no necessity of immediate action on the subject; which should, however, be arranged at the adjourned session of the General Assembly; therefore, we recommend that the resolution, in its present shape, do pass.

A. S. BALDWIN,
Chairman of the Select Committee.


        Which report was recived and read.

ORDERS OF THE DAY.

        House Resolution in regard to the election of State Officers;