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(title page) House Journal--10th Sess. A Journal of the Proceedings
of the House of Representatives of the General Assembly of the State of
Florida, at Its Tenth Session, Begun and Held at the Capitol, in the City
of Tallahassee, on Monday, November 26, 1860.
390 p.
Tallahassee: OFFICE OF THE FLORIDIAN AND JOURNAL.
PRINTED BY DYKE & CARLISLE.
1860.
Call number 1505.1 Conf (Rare Book Collection, University of North
Carolina at Chapel Hill)
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Revision History:
On which day, being that fixed by the Constitution of the State of Florida for the meeting of the General Assembly, the House of Representatives was called to order by F. L. Villepigue, Secretary of State, who proceeded to call the roll by Counties, when the following members appeared, presented their certificates of election, and were severally sworn by E. M. West, Justice of the Peace, viz:
Quorum present.
On motion of Mr. Hawes, the House adjourned until 10 o'clock to-morrow morning.
House met pursuant to adjournment.
Journal of yesterday's proceedings read and approved.
On motion, Mr. Vogt took the Chair.
The roll was called--a quorum present.
Messrs. Carter, of Wakulla, Means, of Alachua, McCormick, of Marion, McKinnon, of Walton, presented their certificates of election and were severally sworn in.
The House then proceeded to the election of a Speaker.
Mr. Holland, of Franklin, nominated Mr. Galbraith, of Leon.
There being no other nominations, upon motion, Mr. Galbraith was declared unanimously elected Speaker of the House.
On motion, Messrs. Coffee, Holland and Bellamy were appointed a Committee to conduct the Speaker elect to the Chair.
The Speaker addressed the House as follows:
I thank you for the honor which you have done me in electing me to preside over your honorable body, and shall show my appreciation of the same by exerting myself to the utmost of my ability to preserve that order and promote that dispatch of business which is so necessary, especially at this time, in which I ask, and trust I shall receive, your unanimous co-operation. Never before has a Legislature of Florida been called upon to consider of such grave and weighty matters as those which we will have
to pass upon at this time. The long continued, persistent and unscrupulous aggressions of a majority of the Northern people upon the rights and interests of the Southern States of this Confederacy, have culminated in the election of a man to the Presidency of these United States pledged to make war upon the institutions of the South. The Southern mind is indignant at the result, and the Southern soul is in arms. The people of Florida cannot, must not, will not submit tamely to these insults and wrongs. To us the people look for the initiation of measures of redress, and the ways and means of sustaining our State during this crisis. Let us approach these questions with that earnest, temperate consideration that the vastness of their results demand. Within the next few months we will decide the political destiny of ourselves and of our posterity for ages. No crisis in our history can be more solemn and important than the one in the midst of which we now are. It should obliterate all traces of party and personal discord or jealousy. The petty contests among ourselves become contemptible in this great emergency, and all men of all parties and sections in our State should unite their best counsels as brothers embarked in a common ship. If the State of Florida is thrown upon her own resources for the support of a national government, it is vitally important that we should give prompt attention to that local legislation which may be immediately demanded by the interests of our own citizens. Let us apply ourselves to these great subjects with energy, and that success which ever attends a virtuous, a brave, and a free people when in the right, will crown our labors and preserve the peace, the rights, and the dignity of the State of Florida.
On motion of Mr. Bellamy, the House went into the election of officers, when the following gentlemen were nominated for their several respective positions without opposition, and upon motion declared unanimously elected:
Who were duly sworn into office.
Mr. Holland moved that a committee of three be appointed to inform the Senate that the House is organized and ready to unite with a similar committee on the part of the Senate to inform his Excellency, the Governor, that the General Assembly is now organized and ready to receive any communication he may be pleased to make;
Which motion was adopted, and Messrs. Holland of Franklin, Mays and Bellamy were appointed said committee.
Mr. Hawes moved that the Rules of the House at the last session be adopted for the government of the House until other Rules shall be adopted;
Which motion was agreed to.
On motion of Mr. Bird, a committee, consisting of Messrs. Bird, Hawes and Williams, was appointed to select a Chaplain for the present session.
Mr. Vogt moved that the Sergeant-at-Arms be required to furnish the House with stationery;
Which motion was adopted.
Mr. Murphy moved that a committee of three be appointed to select a Printer for the House;
Which motion was lost.
Mr. Russell moved that the House proceed to the election of a Printer;
Which motion was agreed to.
Mr. Williams nominated Messrs. Dyke & Carlisle, who were, on motion of Mr. Hawes, declared unanimously elected.
Mr. Blount moved that the rules be waived to permit him to introduce a bill without previous notice;
Which motion was adopted.
Mr. Blount introduced a bill to be entitled An act to Quiet Titles and to prevent unjust and vexatious Litigation in the County of Escambia;
Which was placed among the orders of the day.
Mr. Hawes gave notice that at some future day he would ask leave to introduce a bill to be entitled an Act for the relief of Howell H. Baisden, Tax Collector of Putnam County.
A committee from the Senate consisting of Messrs. Dawkins, Starke and Magbee, informed the House that the Senate was organized and ready to proceed to business.
The following communication was received from the Hon. D. L. Yulee, and ordered to be read:
DEAR SIR:--Oblige me by communicating the enclosed to the House over which you preside. I have sent by the mail a duplicate, but the enclosed is what I have to request you to present immediately upon your organizing.
I wish the General Assembly to know at once that I go with my State, and that I shall not retain a seat in Congress one instant beyond the hour of summons home to her sons.
Yours Respectfully,
D. L. YULEE.
To the Speaker.
WASHINGTON, Nov. 20, 1860.
To the President of the Senate and the
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 fourth 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 servant,
D. L. YULEE.
The Committee appointed to inform the Senate of the organization of the House returned and reported that duty performed, and were discharged.
Mr. Hawes introduced the following petition:
To the Honorable the Speaker of the House of
Representatives in General Assembly met:
The Petition of Benjamin Frisbee, contesting the seat of Miles J. Murphy of Clay County, respectfully showeth that he is the duly elected Representative from said County;
That said Murphy received the Certificate of Election, because of alleged informality in the returns of Long Branch Precinct;
That said precinct was not counted in canvassing the returns of the County;
That they should have been counted and by so doing it would appear that he received a majority of the votes of the County, which he is able to show;
That he is the elected representative of said County, and as such, entitled to the seat of the Hon. Miles J. Murphy, who received the Certificate of Election.
B. FRISBEE.
Which was read and referred to the Committee on Elections.
The following message from his Excellency the Governor was received and read:
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 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 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 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 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.
On motion of Mr. Hawes 1000 copies of the message were ordered to be printed for the use of the House.
Mr. Coffee moved that so much of the Governor's message as relates to Federal Relations be referred to the Committee on Federal Relations;
Which motion prevailed.
Mr. Mays moved that so much of the Governor's message as relates to appropriations, revenue, &c., be referred to the Committee on Finance and Public Accounts;
Which was agreed to.
On motion the rule was waived and Mr. Holland of Franklin, without previous notice, allowed to introduce a bill to be entitled an act to provide for the calling of a Convention of the People of the State of Florida;
Which was read the first and second times by its title and referred to the Committee on Federal Relations.
On motion the rule was waived and Mr. Williams allowed to introduce a resolution instructing the Committee on Finance and Public Accounts to report upon the expediency of levying a tax upon slaves for the purpose of raising a fund for the arming of the State;
Which was read and referred to the Committee on Finance and Public Accounts.
On motion, the rule was waived and Mr. Holland of Franklin, without previous notice, was allowed to introduce a bill to be entitled an act to authorize the suspension of specie payments by the Banks in this State and the Agencies of Banks that are engaged in the banking business in this State;
Which was read the first and second times by its title and referred to the Committee on Corporations.
On motion, the rule being waived, Mr. Holland of Franklin, also introduced a bill to be entitled an act to stay Judicial Sales in this State;
Which was read the first and second times by its title and referred to the Committee on the Judiciary.
The rule being waived, Mr. Vogt offered a resolution that the General Assembly of the State of Florida proceed, on the 29th
inst., to the election of Secretary of State, Treasurer, Attorney General and Comptroller;
Which was placed among the orders of the day.
Mr. Love gave notice that he would at some future day ask leave to introduce a bill to be entitled an act to amend the Attachment Laws now in force in this State; also
A bill to be entitled an act to amend the laws in force in this State governing Public Schools.
Mr. Howell gave notice that he would on some future day ask leave to introduce a bill to form a new County from the Counties of Hillsborough and Brevard.
The rule being waived, Mr. Mays offered a resolution suggesting to the Trustees of the Internal Improvement Fund that they adopt a system for the reduction of the price of the State Lands;
Which was read the first time and ordered for a second reading to-morrow.
Mr. Holland, of Franklin, moved that the Standing Committee of the House on Federal Relations be appointed to act with the Standing Committee on Federal Relations of the Senate as a Joint Committee on the subject of Federal Relations;
Which motion was agreed to.
Mr. Mays moved that 80 copies of the bill for the calling of a State Convention be printed for the use of the House;
Which prevailed.
The House took a recess until 3 o'clock, P. M.
The House resumed its session--a quorum present.
A bill to be entitled an act to quiet titles and to prevent unjust and vexatious litigation in the county of Escambia,
Was read the first time, and, after being read the second time by its title, was referred to the Committee on Judiciary.
The resolution to go into the election of State officers on the 29th inst.,
Was read and adopted.
Ordered to be engrossed and certified to the Senate.
The rules being waived, Mr. Holland of Franklin presented a petition from the citizens of Apalachicola, praying the amending of the act of January 10th, 1855, entitled an act to improve the navigation of the Harbor and Bay of Apalachicola;
To the General Assembly of the State of Florida:
SENATORS AND REPRESENTATIVES:--We, the undersigned citizens of Apalachicola, respectfully petition, that you will amend the Act of January 10th, 1855, entitled an act to improve the navigation of the Harbor and Bay of Apalachicola, by authorizing the City of Apalachicola to issue bonds for the sum of twenty-five thousand dollars; and that you appropriate the sum of twenty-five hundred dollars per year for the space of ten years out of the States' Tax of Franklin county to pay said Bonds. The City of Apalachicola to pay the interest on said Bonds.
With this amount of money we can cut through the "Bulk Head," which obstructs the inner Harbor and thereby afford a passage through the whole of St. Georges' Sound to vessels carrying twelve feet water. We can also clear out the Channel so as to bring eleven and twelve feet water up to the Wharfs of the City, while at present we have but six and one-half feet water in the Channel at high tide. This appropriation would be fully capable of having this great work accomplished. We can purchase the necessary machines; our own citizens can do all the work; and with the powers given us under the Act of 1855, we will have ample means to keep the Channel open.
This work would increase the value of a great portion of the City. It would open a large lumber business, it would greatly increase the business done in Naval Stores, and it would materially lower the charges on Cotton shipped from here and on Goods received at this Port. The revenue of the State would be greatly increased by the increased amount of taxes which this City would pay.
The commercial importance of this City justifies us in demanding this as a right. We are the great Depot of the State. We do more business than each and every other portion of the State put together.
This year we have done over Fourteen Millions worth of business.
Our Foreign Export Trade from the 1st of September, A. D. 1859, to the 1st of August, A. D. 1860, was three millions two hundred and nine thousand five hundred and seventy dollars, being an increase over last year on Foreign Exports of one million five thousand eight hundred and ninety-five dollars; and we have every hope of an increase next year of our Foreign Trade.
The Foreign Imports received at this Port from the 1st of January, 1859, to 1st of August, A. D. 1860, were as follows:
| FOREIGN IMPORTS FROM 1ST JANUARY, 1859, to 1st AUGUST, 1860. | VALUE. |
| Salt, | $19,101 36 |
| Sundries, | 4,685 47 |
| Molasses, | 9,529 49 |
| Total value of invoices, | $33,316 32 |
| SHIPPED FROM 1st SEPTEMBER, 1859, TO 1ST AUGUST, 1860. | No. Bales of Cotton. | Value of Cotton. |
| To Liverpool, | 52,577 | $2,832,524 19 |
| To Liverpool, | 391 | 28,230 57 |
| To Gibralter, | 2,068 | 116,200 00 |
| To Havre, France, | 1,420 | 81,396 50 |
| To St. Petersburgh, Russia, | 2,634 | 151,219 07 |
| Total foreign cotton trade, | 59,090 | $3,209,570 33 |
Foreign shipments destroyed and partially destroyed by fire at the anchorage during the year, 2,171 bales of cotton for Antwerp, and 2,531 bales for Liverpool--value about $258,610.
We have received, from 1st September, 1859, to 1st August, 1860, 133,079 bales of cotton, worth about $7,319,345. Of this 71,166 bales were shipped to domestic ports, 59,090 foreign, residue on hand for shipment. Now add to this the gross value of tobacco, hides, cedar, lumber, &c., &c., shipped from this port, and the gross value of all merchandize received from all ports, and which is consumed and forwarded at Apalachicola and comes into our harbor, and it will be found to exceed fourteen millions of dollars. In this trade, there have been cleared, at the Custom House at this port, from 1st September, 1859, to 1st of August, A. D. 1860, 148 vessels. Of this number 31 ships carried freights to foreign ports and 117 to domestic ports.
This is by far a greater amount of business than all the ports of this State added together can show, except this city.
To do so great an amount of business you will readily perceive that there must necessarily be a great amount of capital and commercial ability at this City; and that her citizens must command the confidence of the commercial world. We point to our criminal docket and challenge the State to produce records that
exhibit a less amount of crime. Such is the character of the City, and such the amount of Foreign and home business that she transacts; this is your own Gulf City of Apalachicola. She has paid into the State Treasury many thousands of dollars; and she now asks you to allow her twenty-five hundred dollars per year for ten years out of the State Tax that she pays, to improve her Harbor and Bay.
We respectfully say we have right to expect that you will give us the aid asked. Are you sincere when you say that you desire direct trade with Europe? If yea, why not encourage and assist your own city that has done this year in exports over three millions and a quarter? If the people of Florida will only ship their Cotton direct to Europe, our city and our merchants have the capital and ability to do a business of thrice the amount, and to receive in return for you from Europe all goods of every description that you now buy at the North and pay enormous costs, charges and profits on. Why not save all those Northern expenses and build up Southern cities instead of Northern? We have shipped over three millions and a quarter to Europe, a large portion of it will be worked up and shipped to the North and the people of Florida will go there and buy it. Why not ship it back to Apalachicola and buy it there instead of at New York? This can be done and we have the capital at Apalachicola to do it, if the citizens of the State will ship through their own city to Europe and send their orders for goods to Europe. If we can send to Europe over three millions, could we not have received three millions of goods in return? If European houses find it to their interest to order from our Port, would not our people find it to be their interest to buy in return from the European houses? They send to us to save the costs and charges of the North, why do our people not send to them to save the cost, charges and profits of the North?
Our city has been most grossly and shamefully neglected. We receive a mail but three times a week for eight months in the year, and twice a week for four months, while towns and cities, of not one hundredth part the importance in the State receive daily mails. Now while we are glad to see them so well provided for, yet we have cause to complain that a place of so great commercial importance as this should be treated so shamefully.
Our isolated position has prevented us from reaping any of the advantages of the system of Internal Improvements of this State. We are cut off from the advantages that the interior and the cities of Fernandina, St. Marks, Jacksonville, Cedar Keys and Pensacola and the Gulf, have derived from it. Millions of dollars have been appropriated out of the Internal Improvement Fund by the State for the purpose of building these roads; they cross our river about one hundred miles from this city; they will not
allow us, even with our own means, to bring it to an accessible point to us. Now, we most respectfully insist that the Internal Improvement Fund was donated for the use of the whole State. We had a like interest and a common property in that fund with the rest of the people of Florida, and we should have had our interests provided for by the State out of that fund; but as the whole of that fund is now appropriated to build the different lines of railroad, and as we have not got, and cannot get any benefit whatever from that fund of millions of which we are part owners, we now respectfully ask that you will allow, out of the sum that this county pays each year for State taxes, the sum of twenty-five hundred dollars for ten years.
Appropriations for other places have been made. We rejoice to see the great works of Internal Improvement that are being accomplished in our State under State aid, and we say that we have a claim above all others, for not one dollar has ever been appropriated for us.
We therefore pray that you will pass the amended Bill annexed, and we will ever pray, &c.
SAMUEL BENEZET,
Mayor City Apalachicola.
W. D. MACLAY,
C. THIGPIN,
J. M. G. HUNTER,
ANSON HANCOCK,
Councilmen.
GEO. BUCKMAN,
Pres. Apalach. and New Orleans Steam Nav. Co.
RICHARD G. PARKER,
Pres. Apalachicola Cham. of Com.
Signed by one hundred and thirty-six others.
OFFICE OF COLLECTOR OF CUSTOMS,
District of Apalachicola.
I, GEO. L. BROCKENBROUGH, Deputy Collector of Customs, do hereby certify that the report and statement of the Foreign Imports and Foreign Exports in the above memorial, are true and correct, as appears from the Records in this office; and from the best information, I believe the value of the business therein stated to have been done at this Port, from 1st September, 1859, to 1st August, A. D. 1860, to be correct.
Given under my hand and seal of office, this 8th day of August, A. D., 1860.
GEO. L. BROCKENBROUGH,
Deputy Collector of Customs.
Which was read and 80 copies ordered to be printed for the use of the House.
Mr. Mizell gave notice, that he would, at some future day, ask leave to introduce a bill to be entitled an act to authorize the Sheriff of Orange county, as ex-officio Tax Assessor and Collector, to assess and collect taxes in Brevard county, and for other purposes.
Mr. Mays gave notice that on to-morrow he will ask leave to introduce a bill to be entitled an act to authorize the Judge of the Circuit Court of the Middle Circuit of Florida to call and hold an extra term of the Circuit Court for Hamilton County in said Circuit.
A Committee from the Senate consisting of Messrs. Call, Dawkins and Ingram, presented a communication from the Hon. D. L. Yulee.
Mr. Stewart, member elect from Hamilton County, presented his credentials and took the usual oath.
The Speaker announced the following Standing Committees:
On motion of Mr. Bellamy, the House adjourned until to-morrow morning, 10 o'clock.
The House met pursuant to adjournment--a quorum present.
The Committee appointed to select a Chaplain reported that they had selected the Rev. J. K. Glover, of Tallahassee, as Chaplain for the House during the present session.
The Rev. Mr. Glover was introduced and officiated as Chaplain.
The Journal of yesterday's proceedings was read and approved.
Mr. Holland, of Franklin, moved that a Committee of three be appointed to inform the Senate that the House is prepared to go into the canvassing of the returns for Governor to-day at 12 o'clock;
Which motion was carried.
Messrs. Holland, of Franklin, Blount and Coffee, were appointed said Committee.
Mr. Mays introduced a bill to be entitled an act to authorize the Judge of the Middle Circuit of Florida to hold an Extra Term of the Circuit Court in Hamilton county;
Was read the first time and ordered for a second reading on to-morrow.
Mr. Vogt moved that the Sergeans-at-Arms be required to furnish each member of the House and Chairman of each Standing Committee, with a copy of the Journal and Acts of the last General Assembly, and Thompson's Digest;
Which was adopted.
Mr. Oliver moved that so much of the Governor's Message as relates to the Militia, be referred to the Committee on the Militia;
Which was adopted.
Mr. Holland of Franklin, from the Committee on Eederal 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 Relations, 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
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 Elorida, as the result of their joint action, with the recommendation that the same do pass.
GEO. W. CALL,
Chairman Senate Committee.
D. P. HOLLAND,
Chairman House Committee.
Which was read.
Mr. Blount from a Special Committee to whom was referred the duty of preparing suitable Rules for the government of the House, made the following report:
The Special Committee, to whom was referred the duty of preparing rules for the government of the House, have had the same under consideration and ask leave to report, that they recommend the adoption of the rules of the House of Representatives at its last session as the standing rules of this House.
ALEX. C. BLOUNT,
BURTON W. BELLAMY,
C. C. COFFEE.
RULE 1. The Speaker shall take the Chair every day, precisely at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members
to order, and, on the appearance of a quorum, shall cause the Journal of the preceding day to be read.
2. He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any two members; on which appeal no member shall speak more than once, unless by leave of the House.
3. He shall rise to put the question, but may state it sitting.
4. No member shall speak to any other, or otherwise interrupt the business of the House, or read any newspaper, or other paper while the Journals or other public papers are being read, nor pass between the Speaker and any other member who may be addressing the House.
5. Every member, when he speaks, shall address the Chair, standing in his place, and when he has finished shall sit down; nor shall any member speak more than twice on any one subject without leave of the House.
6. When two or more members shall rise at the same time, the Speaker shall name the person entitled to proceed.
7. When a member shall be called to order, he shall sit down until the Speaker shall have determined whether he is in order or not; and every question of order shall be decided by the Speaker, without debate, subject to an appeal to the House.
8. If a member shall be called to order for words spoken, the exceptionable words shall be immediately taken down in writing by the person objecting, that the Speaker may be better able to judge of the matter.
9. No member shall absent himself from the service of the House without leave of the House; and in case a less number than a quorum shall convene, they are hereby authorized to send the Sergeant-at-Arms for (any or) all absent members, as the majority of such members present shall agree, at the expense of such absent members respectively, unless such excuse for non-attendance shall be made as the House (when a quorum is convened) shall judge sufficient.
10. No motion shall be debated until the same shall be reduced to writing, delivered in at the table, read and seconded.
11. When a question is under debate, no motion shall be received but to adjourn, to lay it on the table, to postpone indefinitely, to postpone to a certain day, to commit or to
amend; which several motions shall have precedence in the order in which they stand arranged; and the motion for adjournment shall always be in order, and the motions to adjourn or lay on the table shall be decided without debate.
12. If the question in debate contains several points, any member may have the same divided.
13. In filling up blanks, the largest sum and longest time shall be first put.
14. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by vote of the House, without debate.
15. When the yeas and nays shall be called for by two of the members present, every member within the bar of the House at the time the question was put by the Speaker, shall (unless for special reasons he be excused by the House,) declare openly and without debate his assent or dissent to the question. In taking the yeas and nays, and, upon the call of the House, the names of the members shall be taken alphabetically, and the Speaker shall in all cases vote first.
16. No member shall be permitted to vote on any question who was without the bar of the House at the time the question was put, unless by consent of the House, and no motion to permit such member to vote shall be in order, unless it shall be made before the House shall proceed to other business.
17. On a motion made and seconded to shut the door of the House in the discussion of any business, in which discussion the public safety may, in the opinion of the House, imperiously require secresy, the House shall direct the Speaker to cause the lobby to be cleared, and, during the discussion of such business, the door shall remain shut, and no person shall be admitted except by special order of the House.
18. The following order shall be observed in taking up the business of the House, viz: 1st, motions; 2d, petitions, memorials and others papers addressed either to the House or to the Speaker thereof; 3d, resolutions; 4th, reports of Standing Committees; 5th, reports of Select Committees; 6th, messages from the Senate lying on the table; and, lastly, orders of the day.
19. When a question has once been made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for a reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after a bill, resolution, message, report, amendment or motion upon which the vote was taken, shall have gone out
of possession of the House announcing their decision; nor shall any motion for reconsideration be in order unless made on the same day on which the vote was taken, or within the two next days of the actual session of the House thereafter.
20. All questions shall be put by the Speaker of the House, and the members shall signify their assent or dissent, by answering viva voce, yea or nay, and in the event of a tie, the question shall be decided in the negative.
21. The Speaker of the House, or the Speaker pro tem., shall have the right to name a member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment.
22. Before any petition, memorial or other paper addressed either to the House or the Speaker thereof shall be received and read at the table, whether the same be introduced by the Speaker or a member, a brief statement of the contents of the petition, memorial, or other paper, shall be made by the introducer.
23. One day's notice at least shall be given of an intended motion for leave to bring in a bill, and no bill shall be written or printed except by express order of the House.
24. Every bill and all resolutions of a public nature, or for the appropriation of the public money, shall receive three readings previously to the final passage of such bill or resolution, and the Speaker shall give notice at each, whether it be the first, second or third readings, which readings shall be on three different days, unless four-fifths of the members shall otherwise direct.
25. At the second reading of any bill or resolution, it shall be in order for any member to move its commitment to a Committee of the whole House; that it lay on the table; for its indefinite postponement; for its postponement to a day certain, not beyond the session; for its commitment to a Standing Committee; to a Select Committee; or to amend; which motions shall have precedence in the order above stated.
26. It shall not be in order to amend the title of any bill or resolution until it shall have passed its third reading.
27. The titles of bills, and such parts thereof only as shall be affected by the proposed amendments, shall be inserted on the journals.
28. The following Standing Committees, to consist of not less than five members each, shall be appointed by the Speaker at the commencement of each session, with leave to report,
by bill or otherwise, viz: A Committee on the Judiciary; a Committee on the Militia; a Committee on Finance and Public Accounts; a Committee on Claims; a Committee on Schools and Colleges; a Committee on Internal Improvements; a Committee on Enrolled Bills and Engrossed Bills; a Committee on Elections; a Committee on Propositions and Grievances; a Committee on Federal Relations; a Committee on Corporations; a Committee on Indian Affairs; a Committee on Agriculture; a Committee on Commerce and Navigation; a Committee on Taxation and Revenue, and a Committee on the State of the Commonwealth.
29. All confidential communications made by the Governor to the House, and all business in the consideration of which the injunction of secresy shall have been imposed, shall be by the members thereof kept secret, until the House by its resolution shall take off the injunction of secresy.
30. Each member of Select Committees shall, with their Chairman, sign every report made to the House, if they concur therein.
31. Messages may be received at any stage of the business, except while a question is being put, or while the yeas and nays are being called.
32. The Governor and Secretary and members of the Senate shall be admitted to a seat within the bar of the House, and any other person shall be admitted in like manner, upon being invited by a member.
33. The Clerk, the Sergeant-at-Arms and Door-Keeper shall be severally sworn by a judicial officer of the State, well and faithfully to discharge their respective duties, and to keep secret the proceedings of the House, when sitting with closed doors.
34. All acts, addresses and joint resolutions shall be signed by the Speaker; and all writs, warrants and subpoenas issued by order of the House, shall be under his hand and seal, and attested by the Clerk.
35. In case of any disturbance or disorderly conduct in the lobby, the Speaker or Chairman of the Committee of the Whole House, shall have the power to order the same to be cleared.
36. Reporters wishing to take down the debates and proceedings, may be admitted by the Speaker, who shall assign such places to them on the floor, or elsewhere, as shall not interfere with the convenience of the House.
37. No member shall vote on the question in the event of which he may have a private or personal interest.
38. After a motion is stated by the Speaker or read by the Clerk, it shall be deemed in possession of the House, but may be withdrawn at any time before a decision or amendment.
39. The previous question shall be in this form: "Shall the main question be now put?" and shall be decided by a majority of the members present, without debate; and until it is decided shall preclude all amendments, and further debate of the main question.
40. When a question is postponed indefinitely, the same shall not be acted upon again during the session.
41. No motion or proposition on a subject different from that under consideration, shall be admitted under color of amendment.
42. The unfinished business in which the House was engaged at the adjournment, shall have the preference in the orders of the day, and no motion on any other business shall be received without special leave of the House, until the former is disposed of.
43. Upon the call of the House, the names of the members shall be called over by the Clerk and the absentees noted; after which, the names of the absentees shall again be called over, the doors shall then be shut, and those for whom no excuse or insufficient excuses are made, may, by order of those present, be taken into custody as they appear, or may be sent for and taken into custody wherever to be found by the Sergeant-at-Arms.
44. When a member shall be discharged from custody and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees.
45. It shall be the duty of the Committee of Elections to examine and report upon the certificates of election, or other credentials, of the members returned to serve in this House, and to take into their consideration all such petitions and other matters touching elections and returns as shall or may be presented or come into question, and be referred to them by the House.
46. No committee shall sit during the sitting of the House, without special leave.
47. All bills ordered to be engrossed, shall be executed, in a fair, round hand, and without erasures or interlineations.
48. Before a bill or resolution requiring three readings shall be read the third time, it shall be carefully engrossed under the direction of the Clerk, and upon the third reading of the bill or resolution, it shall not be committed or amended without the consent of three-fourths of the House.
49. No amendment by way of rider shall be received to any bill on its third reading.
50. When a bill or resolution shall have passed its third reading it shall be certified by the clerk, endorsing thereon the day of its passage, and be transmitted to the Senate accompanied with a message stating the title of the bill or resolution, and asking the concurrence of that body, and its transmission shall be entered upon the Journal.
51. Bills committed to a committee of the whole House shall be first read throughout by the clerk, and then again read and debated by clauses, leaving the preamble to be last considered; the body of the said bill shall not be interlined and defaced, but all amendments, noting the page and line, shall be duly entered by the clerk on a separate paper, as the same shall be agreed to by the committee, and so reported to the House. After report, the bill shall again be subject to be debated and amended by clauses.
52. It shall be in order for the Committee on Enrolled and Engrossed Bills to report at any time.
53. Messages shall be transmitted to the Governor and Senate by the Door-keeper, unless otherwise directed by the House.
54. No bill shall be introduced into the House on the last week of the session, nor shall the rules, or any of them, be rescinded or suspended, unless two-thirds of the members present so direct.
55. That upon the adjournment of the General Assembly, the Clerk of the House 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 Journals of the House, 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.
56. In all cases not provided for by these Rules, parliamentary practice as laid down in Jefferson's Manual is hereby adopted.
The report of the committee was concurred in, and on motion
of Mr. Blount 80 copies of the Rules were ordered to be printed for the use of the House.
Mr. Holland of Hernando, from the Committee on Corporations, made the following report:
The Committee on Corporations to whom was referred the House bill entitled a bill to be entitled an Act to authorize the suspension of specie payments by the Banks in this State and the Agencies of Banks that are in the banking business in this State, having had the same under consideration, do recommend that the bill do pass with the following amendments, to-wit:
After the word "specie" in the last line of the first section, the words, "until the first day of January, 1862," be added. And that after the word "specie" in the fifth line of the second section, the words "by the several Banks in this State and the Agencies of all Banks that are engaged in the Banking business in this State," be inserted, and that the word "repealed" in the sixth line of the same section be stricken out and the word "suspended" be inserted in its stead, and the words "until the first day of January, 1862," be added thereto.
N. W. HOLLAND, Chairman.
Which was read, and the accompanying bill placed among the orders of the day.
The following message from his Excellency the Governor was received and read.
EXECUTIVE DEPARTEMNT,
TALLAHASSEE, Nov. 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.
On motion of Mr. Coffee, 500 copies of the Message and Accompanying Documents were ordered to be printed for the use of the House.
Notice was given of intention to introduce the following bills at some future day, viz:
By Mr. Murphy:
A bill to be entitled an act for the relief of Ozias Budington.
By Mr. Canova:
A bill to be entitled an act to incorporate the Jacksonville Light Infantry and to secure certain exemptions.
By Mr. Clyatt:
A bill to be entitled an act for the relief of Joseph P. Phelps, of Levy county; also,
A bill to be entitled an act regulating pilotage at Cedar Keys.
By Mr. Holland, of Franklin:
A bill to be entitled an act for the relief of McQueen McIntosh.
Mr. Hull gave notice that at some future day he would ask leave to introduce a bill to be entitled an act to give the election of Constables in the Magistrates' Districts of this State to the legal voters of their respective Districts.
Mr. Lee gave notice, that he would, on some future day, ask leave to introduce a bill to be entitled an act to amend the election laws in force in this State;
Also, a bill to be entitled an act to authorize James Fussell, a minor, in Sumter county, to assume the management of his own estate and contract and be contracted with, &c.
Mr. Haddock gave notice, that he would, at some future day, ask leave to introduce a bill to be entitled an act enlarging the time for making demand on Railroad Companies for stock killed or injured.
Mr. Newburn gave notice that he would, on some future day, introduce a bill to be entitled an act to divide the county of New River and create the county of Baker.
Mr. VanZant gave notice, that at some future day he would ask leave to introduce a bill to be entitled an act to amend the Poor School Laws of this State so far as has reference to the county of Columbia.
A bill to be entitled an act to provide for the calling of a Convention of the people of the State of Florida, came up on its second reading, and on motion of Mr. Holland, of Franklin, the House resolved itself into a Committee of the Whole for its consideration--Mr. Hawes in the chair. After some time spent therein, the committee rose and by their chairman reported the bill back to the House as amended;
Which report was concurred in.
A committee from the Senate, consisting of Messrs. Chain, Brokaw and Call, waited on the House and informed them that in pursuance of the House resolution the Senate would meet the House in the Representative Chamber at 12 o'clock, M., to canvass the Election Returns for Governor.
The following gentlemen, Messrs. Murphy, Mickler, Mays, Bird, Holland of Franklin and Canova, presented preambles and resolutions touching the crisis of the times, the policy of calling a State Convention and the position that the State of Florida should assume, that were adopted at public meetings in their respective counties;
Which were read.
The Committee appointed to inform the Senate that the House was ready to canvass the vote for Governor of this State, reported that they had performed that duty and were discharged.
On motion of Mr. Bird, a committee consisting of Messrs. Bird, Bellamy and Canova, were appointed to assist in counting the votes.
The Senate having entered the Hall and occupied the seats assigned them, the Speaker proceeded to open and publish, in the presence of both House of the General Assembly, the returns of the election for Governor.
After a careful canvass of all the returns, the Speaker announced the result to be as follows:
The whole number of votes given for Governor of Florida were 12,252, of which number JOHN MILTON received the number of 6,994, and EDWARD HOPKINS received the number of 5,248; whereupon JOHN MILTON having received the highest number of votes, was declared duly elected Governor of the State of Florida for four years from the first Monday of October next.
The Senate returned to their Chamber.
On motion of Mr. Haddock, the House took a recess until 3 o'clock, this afternoon.
The House resumed its session--a quorum present.
The House resumed, in Committee of the whole, the consideration of the bill to be entitled an act to provide for the calling of a Convention of the people of the State of Florida--Mr. Hawes in the Chair.
After some time spent in the consideration thereof, the Committee rose and reported the bill back to the House as amended, and asked to be discharged;
Which report was concurred in by the House, the amendments adopted, and the bill as amended read the second time and ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to authorize the Judge of the Middle Circuit of Florida to hold an Extra Term of the Circuit Court in Hamilton County;
Was read the second time, and on motion referred to the Committee on the Judiciary.
Resolution relative to the price of Public Lands in this State,
Was read the third time, and on the question of its passage the vote was:
Yeas--Mr. Speaker, Messrs. Bellamy, Bird, Bissell, Blount, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Dansby,
Haddock, Hawes, Howell, Holloman, Hull, Lee, Love, Mays, McCormick, McKinnon, Means, Mickler, Mizell, Murphy, Newburn, Oliver, Parker, Pooser, Price, Richardson, Robinson, Russell, Stewart, VanZant, Vogt, Wells, Wilkinson, Yates and Yon--42.
Nay--Mr. Bowne--1.
So the resolution passed--title as stated.
Ordered that the same be certified to the Senate.
A bill to be 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,
Was read the second time, the amendments recommended by the Committee on Corporations concurred in and the bill as amended ordered to be engrossed for a third reading on to-morrow.
The rule being waived, Mr. Mays, from the Committee on the Judiciary, was allowed to make the following report:
The Committee on the Judiciary to whom was referred a bill to be entitled an Act to Quiet Titles and to prevent unjust and vexatious Litigation in the County of Escambia, have had the same under consideration, and believing it to be the duty of the State to give quiet and peace to the titles of its citizens, acquired in good faith, and that the best interests of society are secured and promoted thereby, ask leave to report the accompanying bill to the House as a substitute for the bill referred, and recommend that it do pass. All of which is respectfully submitted.
D. H. MAYS,
Chairman Judiciary Committee.
Which report was read and the bill and substitute placed among the orders of the day.
A bill to be entitled an act to quiet titles and prevent unjust and vexatious litigations in the county of Escambia,
Came up on its second reading, and the substitute reported by the Committee on the Judiciary adopted in lieu thereof and ordered to be engrossed for a third reading on to-morrow.
On motion of Mr. Hawes, the House adjourned until to-morrow morning, 10 o'clock.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Glover officiated as Chaplain.
On motion of Mr. Coffee the reading of the Journal of yesterday was dispensed with.
A Committee from the Senate consisting of Messrs. Call, Brokaw and Bowers waited on the House and informed them that
the Senate had unanimously passed the bill to be entitled an act to provide for the calling of a Convention of the People of the State of Florida, as reported by the Joint Committee, without amendment.
Notice was given of intention to introduce the following bills at some future day, viz:
By Mr. Williams:
A bill to be entitled an act for the purpose of imposing an extra tax upon all Goods manufactured North of Mason's and Dixon's line and brought into this State for sale.
By Mr. Canova:
A bill to be entitled an act for the better protection of the fisheries on the St. Johns river in this State.
By Mr. Russell:
A bill to be entitled an act to incorporate the Town of Monticello in Jefferson county; also,
A bill to be entitled an act to incorporate the Episcopal Church in said town.
By Mr. Mickler:
A bill to be entitled an act for the relief of A. D. Rogero, Sheriff of St. Johns county.
By Mr. Holland of Hernando:
A bill to be entitled an act to provide for the payment of the Florida Volunteers and for other purposes.
By Mr. Parker:
A bill to be entitled an act to declare Peas Creek navigable.
By Mr. Love:
A bill to be entitled an act to change and define the boundary line between Gadsden and Liberty counties.
By Mr. Yates:
A bill to be entitled an act for the benefit of actual settlers of Brevard county and for other purposes.
By Mr. Means:
A bill to be entitled an act for the relief of Hon. B. A. Putnam; also,
A bill to be entitled an act for the relief of the Executor of the Estate of Robert H. Child, deceased.
Mr. Holland of Franklin moved that a Select Committee be appointed and instructed to report a bill to this House to punish in a summary manner persons uttering abolition sentiments in this State;
Which was agreed to, and Messrs. Holland of Franklin, Mays, Yates, Bowne and Blount were appointed said Committee.
On motion, the rules were waived, and the following bills were introduced which were placed among the orders of the day:
By Mr. Cole:
A bill to be entitled an Act for the relief of A. J. Peeler, Clerk of the Supreme Court;
A bill to be entitled an act to prevent the peddling of Books in this State.
By Mr. Newburn:
A bill to be entitled an act to allow Matthew L. McKinney to assume the management of his own estate; also
A bill to be entitled an act to change the name of Jefferson Felmer Ault to that of Jefferson Felmer Johns.
By Mr. McKinnon:
A bill to be entitled an act for the relief of Walton County relative to the Poor School Fund; also
A bill to be entitled an act to repeal a Bridge Tax in Walton County.
By Mr. VanZant:
A bill to be entitled an act to establish the Records of Columbia County, and for other purposes.
By Mr. Williams:
A bill to be entitled an act to authorize Ephraim Saunders, a minor, to assume the management of his own estate.
Pursuant to previous notice the following bills were introduced and placed among the orders of the day:
By Mr. VanZant:
A bill to be entitled an act to amend the School Laws of the County of Columbia.
By Mr. Lee:
A bill to be entitled an act to amend the Election Laws of this State; and
A bill to be entitled an act to empower James Fussell, a minor, to assume the management of his own estate, and for other purposes therein specified.
By Mr. Mizell:
A bill to be entitled an act to assess and collect Taxes in Brevard county by the Sheriff of the county of Orange as ex-officio Tax-Assessor and Collector.
Mr. Vogt, from the Committee on Engrossed Bills, made the following report:
The Committee on Engrossed Bills report the following bills and resolution as correctly engrossed, viz:
A bill to be 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;
A bill to be entitled an act to quiet titles and to prevent unjust and vexatious litigation in the county of Escambia;
A resolution relative to the price of the Public Lands in this State.
Respectfully submitted,
D. A. VOGT, Chairman.
Which was read and the accompanying bills and resolution placed among the orders of the day.
Notice was given of intention to introduce the following bills at some future day, viz:
By Mr. Blount:
A bill to be entitled an act to regulate and define the duties and liabilities of Railroad Companies in this State;
A bill to be entitled an act to amend the acts creating liens in favor of mechanics and others;
A bill to be entitled an act to amend the pleading and practice in the Courts of this State;
A bill to be entitled an act to amend an act fixing the compensation of Auctioneers;
A bill to be entitled an act to provide for filling vacancies in the office of Justices of the Peace; and
A bill to be entitled an act to amend the Charter of the Alabama and Florida Railroad Company.
Mr. Blount presented the petition of sundry citizens of Escambia county praying to be declared exempt from the operation of the acts of 23d December, 1856;
Which was read and referred to a Select Committee consisting of Messrs. Blount, Oliver and Vogt.
Mr. Means presented a memorial for the relief of Hon. B. A. Putnam;
Which was read and referred to the Committee on the Judiciary.
Mr. Canova presented a memorial for the relief of John M. Irwin;
Which was read and referred to the Committee on Claims.
A committee consisting of Messrs. Roders, Starke and Call, from the Senate, waited upon the House to inform them that the Senate had concurred in the resolution to go into the election of State Officers at 12 o'clock to-day.
Mr. Bellamy offered a resolution relative to the sale of the Stocks of other States held by the Comptroller for the payment of debts of the State, and the purchase of Arms and Munitions of War;
Which was read the first time, the rule waived, read a second and third time by its title and put upon its passage, upon which the vote was:
Yeas--Mr. Speaker, Messrs. Bellamy, Bird, Bissell, Blount, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Hawes, Holland of Franklin, Holland of Hernando, Howell, Hull, Lee, Mays, McCormick, McKinnon, Means, Mickler, Mizell, Murphy, Newburn, Oliver, Parker, Pooser, Price, Richardson,
Robinson, Russell, Stewart, Vogt, Wells, Williams, Wilkinson, Yates and Yon--40.
Nays--None.
So the Resolution passed--title as stated.
Ordered that the same be certified to the Senate.
A committee consisting of Messrs. Call, Davidson and Abercrombie, from the Senate, waited upon the House to inform them that the Senate had adopted the Joint Rules reported by the Joint Committee appointed to draft rules for the government of both Houses.
Mr. Hawes moved the adoption of the Joint Rules as reported by the Joint Committee;
Which was agreed to.
Senate bill to be entitled an act to provide for a Convention of the People by the State of Florida,
Was read the first time, the rule waived and read a second time by its title.
Mr. Love moved to strike out the "3d day of January" and insert in lieu thereof the "17th day of January;"
Upon which motion the yeas and nays were called for by Messrs. Holland and Love, and were as follows:
Yeas--Messrs. Bissell, Bowne, Broxson, Campbell, Haddock, Holloman, Hull, Lee, Love, McKinnon, Mizell, Murphy, Oliver, Scott and Wilkinson--14.
Nays--Mr. Speaker, Messrs. Bellamy, Bird, Blount, Canova, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Hawes, Holland of Franklin, Holland of Hernando, Mays, McCormick, Means, Mickler, Newburn, Parker, Pooser, Richardson, Robinson, Russell, Stewart, VanZant, Vogt, Wells, Williams, Yates and Yon--31.
So the amendment was lost.
The bill was then read the third time and put upon its passage, upon which the vote was:
Yeas--Mr. Speaker, Messrs. Bellamy, Bird, Bissell, Blount, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Holland of Franklin, Holland of Hernando, Howell, Holloman, Lee, Love, Mays, McCormick, McKinnon, Means, Mickler, Mizell, Murphy, Newburn, Oliver, Parker, Pooser, Price, Richardson, Robinson, Russell, Scott, Stewart, VanZant, Vogt, Wells, Williams, Wilkinson, Yates and Yon--45.
Nays--None.
So the bill passed--title as stated.
Ordered that the same be certified to the Senate.
Mr. Mickler moved that a committee be appointed to inform
the Senate that the House is ready to go into the election of State officers;
Which was agreed to, and Messrs. Mickler, Vogt and Yon appointed said committee.
The committee having performed their duty were discharged.
The Senate entered the House and the President by request of the Speaker took the chair.
The President declared the object of the joint meeting to be to elect a Secretary of State, Treasurer, Attorney General and Comptroller.
The joint meeting proceeded to the election of Secretary of State.
Mr. Russell nominated Mr. F. L. Villepigue.
The vote was:
For VILLEPIGUE--Senate 20. House--Mr. Speaker, Messrs. Bellamy, Bird, Bissell, Blount, Bowne, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Hawes, Holland of Franklin, Holland of Hernando, Howell, Holloman, Lee, Love, Mays, McCormick, McKinnon, Means, Mickler, Mizell, Murphy, Newburn, Oliver, Parker, Pooser, Price, Richardson, Robinson, Russell, Scott, Stewart, Vogt, Wells, Williams, Wilkinson, Yates and Yon--40. Total--60.
Blank--Mr. VanZant--1.
The President declared F. L. Villepigue duly elected Secretary of State.
The joint meeting proceeded to the election of Treasurer.
Mr. McCall nominated C. H. Austin.
The vote was:
For AUSTIN--Senate 20. House--Mr. Speaker, Messrs. Bellamy, Bird, Bissell, Blount, Bowne, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Holland of Franklin, Holland of Hernando, Howell, Holloman, Hull, Lee, Love, Mays, McCormick, McKinnon, Means, Mickler, Mizell, Murphy, Newburn, Oliver, Parker, Pooser, Price, Richardson, Robinson, Scott, Stewart, VanZant, Vogt, Wells, Williams, Wilkinson, Yates and Yon--46. Total--66.
The President declared Charles H. Austin duly elected Treasurer of the State of Florida.
The joint meeting proceeded to the election of Attorney General.
Mr. Holland of Hernando nominated Mr. J. B. Galbraith of Tallahassee.
Mr. Pooser nominated Mr. T. T. Long, of Nassau County.
The vote was:
For GALBRAITH--Senate--10. House--Messrs. Bellamy, Bissell, Blount, Bowne, Canova, Campbell, Carter, Coffee, Cole, Holland of Franklin, Holland of Hernando, Howell, McKinnon,
Murphy, Oliver, Parker, Richardson, Scott, Williams, Yates and Yon--21. Total--31.
For LONG--Senate--9. House--Messrs. Bird, Clyatt, Collins, Dansby, Haddock, Hawes, Lee, Mays, McCormick, Means, Mickler, Mizell, Newburn, Pooser, Price, Robinson, Russell, Stewart, VanZant, Vogt and Wells--21. Total--30.
BLANK--Senate--1. House--Messrs. Broxson, Holloman, Hull, Love and Wilkinson--5. Total--6.
The President declared that there was no election, neither of the candidates having received the requisite number of votes.
The joint meeting proceeded to a second ballot.
The vote was:
For GALBRAITH--Senate--9. House--Messrs. Bellamy, Bissell, Blount, Bowne, Broxson, Canova, Campbell, Carter, Cole, Holland of Franklin, Holland of Hernando, Howell, McKinnon, Murphy, Oliver, Parker, Richardson, Scott, Williams, Wilkinson, Yates and Yon--22. Total--31.
For LONG--Senate--9. House--Messrs. Bird, Clyatt, Collins, Dansby, Haddock, Hawes, Hull, Lee, Mays, McCormick, Means, Mickler, Mizell, Newburn, Pooser, Price, Robinson, Russell, Stewart, VanZant, Vogt and Wells--22. Total--31.
BLANK--Senate--2. House--Messrs. Coffee, Holloman and Love--3. Total--5.
The President declared that there was no election.
On motion of Mr. Call of the Senate, the Joint Meeting proceeded to the election of Comptroller of Public Accounts.
Mr. Holland of Hernando nominated Mr. R. C. Williams of Leon county.
Mr. VanZant nominated Mr. Lewis Pyles, of Alachua county.
Mr. Love nominated Mr. John Beard, of Leon county.
The vote was:
For WILLIAMS--Senate 10. House--Messrs. Bird, Bissell, Blount, Bowne, Broxson, Canova, Campbell, Carter, Cole, Dansby, Holland of Franklin, Holland of Hernando, Howell, Lee, McKinnon, Oliver, Parker, Robinson, Russell, Scott, Williams and Yates--22. Total--32.
For PYLES--Senate 8. House--Messrs. Clyatt, Coffee, Had-dock, Hawes, Hull, McCormick, Means, Micker, Mizell, Murphy, Newburn, Pooser, Price, Stewart, VanZant, Vogt, Wells and Yon--18. Total--26.
For BEARD--Senate 1. House--Messrs. Bellamy, Collins, Holloman, Love, Mays and Wilkinson--6. Total 7.
The President declared that there was no election.
Mr. Call of the Senate moved the adjournment of the Joint meeting until 12 o'clock to-morrow;
Which motion was lost.
The Joint meeting proceeded to a second ballot for Comptroller.
The vote was:
For WILLIAMS--Senate 10. House--Mr. Speaker, Messrs. Bird, Bissell, Blount, Bowne, Broxson, Canova, Campbell, Carter, Cole, Dansby, Holland of Franklin, Holland of Hernando, Howell, Lee, McKinnon, Parker, Robinson, Russell, Scott, Williams and Yates--22. Total--32.
For PYLES--Senate 9. House--Messrs. Clyatt, Coffee, Collins, Haddock, Hull, McCormick, Means, Mickler, Mizell, Murphy, Newburn, Pooser, Price, Stewart, VanZant, Vogt, Wells and Yon--18. Total--27.
For BEARD--Senate 1. House--Messrs. Bellamy, Hawes, Holloman, Love, Mays and Wilkinson--6. Total 7.
Blank--Mr. Richardson--1.
The President declared that there was no election.
On motion of Mr. Call of the Senate, the joint meeting adjourned.
On motion of Mr. Hawes, the House took a recess until 3 o'clock, P.M.
The House resumed its session--a quorum present.
A bill to be 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, came up on its third reading.
Mr. Holland of Franklin moved that the rule be waived and the bill placed back upon its second reading;
Which motion was agreed to.
Mr. Holland of Franklin offered the following amendment:
SEC. 3. Be it further enacted, That from and after the passage of this act, no sale shall be made in this State by virtue of any writ of fieri facias on Decree in Equity, until the first Monday in January, A. D. one thousand eight hundred and sixty-two; provided, however, the Defendant shall give Bond for the forthcoming of said property on the first Monday of January, A. D., one thousand eight hundred and sixty-two, as now by law provided for the replevin of property.
Which was read and the yeas and nays being called for on the adoption of the same by Messrs. Holland of Franklin and Blount, were:
Yeas--Messrs. Bellamy, Bird, Dansby, Holland of Franklin, McCormick, Pooser, Price, Russell and Wells--9.
Nays--Mr. Speaker--Messrs. Blount, Broxson, Canova, Campbell,
Carter, Coffee, Collins, Cole, Holland of Hernando, Howell, Holloman, Hull, Lee, Love, Mays, McKinnon, Mickler, Murphy, Newburn, Oliver, Parker, Scott, Vogt, Williams, Wilkinson, Yates and Yon--28.
So the amendment was lost.
The rule being waived, Mr. Holland of Franklin moved that the bill with the amendment be referred to the Committee on the Judiciary of the House to form a Joint Committee by uniting with the Committee on the Judiciary of the Senate in its consideration;
Which motion was agreed to.
The rule being waived Mr. Mays moved that a committee be appointed to inform the Senate that such was the action of the House, and also that said Judiciary Committee of the House and Senate as a joint committee would also consider and report at the same time upon a bill now before the Committee on the Judiciary of the House entitled an act to stay Judicial Sales in this State;
Which motion was agreed to, and Messrs. Mays, Holland of Franklin, and Holland of Hernando appointed said Committee.
The rule being waived, Mr. Mays from the Judiciary Committee made the following report:
The Judiciary Committee to whom was referred a bill to be entitled an act to authorize the Judge of the Circuit Court for the Middle Circuit of Florida to hold an extra term of the Circuit Court for the County of Hamilton, beg leave to report that they have had the same under consideration, and return the same to the House without amendment, and recommend its passage.
All of which is respectfully submitted,
D. H. MAYS, Chairman.
Which was read and the accompanying bill placed among the orders of the day.
A bill to be entitled an act for the relief of A. J. Peeler, Clerk of the Supreme Court;
Was read the first time, and on motion the rule was waived, read the second time by its title, and ordered to be engrossed for a third reading on to-morrow.
The following bills were read the first time and ordered for a second reading on to-morrow:
A bill to be entitled an act to allow Jefferson Filmer Ault to change his name to Jefferson Filmer Johns.
A bill to be entitled an act to amend the election laws of this State.
A bill to be entitled an act to amend the School laws of the County of Columbia.
A bill to be entitled an act to empower James Fussell of Sumter county to assume the management of his own estate.
A bill to be entitled an act to authorize Ephraim Saunders to assume the management of his own estate.
Engrossed bill to be entitled an act to quiet titles and to prevent unjust and vexatious litigation in the County of Escambia.
Was read the third time and on the question of its passage the vote was:
Yeas--Mr. Speaker, Messrs. Bird, Bissell, Blount, Broxson, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Holland of Franklin, Howell, Holloman, Lee, Love, McCormick, McKinnon, Means, Mickler, Mizell, Murphy, Oliver, Parker, Pooser, Richardson, Scott, Wells, Williams, Yates and Yon--34.
Nays--None.
So the bill passed--title as stated.
Ordered that the same be certified to the Senate.
On motion of Mr. Love the House adjourned till to-morrow morning, 10 o'clock.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Glover officiated as Chaplain.
On motion of Mr. Oliver the reading of the Journal of yesterday was dispensed with.
Notice was given of intention to introduce the following bills at some future day, viz:
By Mr. Stewart:
A bill to be entitled an act to authorize W. J. J. Duncan and Elizabeth Zipperer, to establish a Toll Bridge across the Suwannee river at Zipperer Ferry.
By Mr. Hawes:
A bill to be entitled an act for the relief of James B. Brown, former Tax Collector of Putnam county.
Mr. Coffee introduced a resolution to pay Benjamin F. Whitner, Jr., for surveying and marking the boundary line between the States of Georgia and Florida;
Which was read and placed among the orders of the day.
Mr. Holloman presented a series of resolutions adopted at a public meeting of the citizens of Gadsden county;
Which were read.
Mr. Vogt from the Committee on Engrossed bills made the following report:
The Committee on Engrossed bills report the following bills as correctly engrossed, viz:
A bill to be entitled an act to authorize the Judge of the Middle
Circuit of Florida to hold an extra Term of the Circuit Court in Hamilton county; and,
A bill to be entitled an act for the relief of A. J. Peeler, Clerk of the Supreme Court.
Respectfully submitted,
D. A. VOGT, Chairman.
Which was read and placed among the orders of the day.
Mr. Williams, from the Committee on the Militia to whom was referred that part of the Governor's Message relating to Military Affairs, made the following Report:
The Committee on the Militia to whom was referred that portion of the Governor's Message relating to Military Affairs, have had the same under consideration, and beg leave to
That they find great want of system in the Militia laws of the State. These laws consists of various enactments passed at different times, containing provisions and amendments not altogether consistent with each other, and not constituting such a complete code of law on the subject as the exigencies of the State require. Your Committee do not deem it expedient at this time to attempt a consolidation and completion of these laws, and think sufficient at least for the present time such amendments as are contained in the Bill accompanying this Report, recommending however a more complete code to be prepared as soon as practicable.
Your Committee find the chief difficulty in the way of an effective Militia System in the State to be a supposed defect in the Constitution relative to the powers of Court Martial, and recommend an amendment to the same, which will obviate the difficulty.
Your Committee further recommend that a suitable salary be attached to the Office of Adjutant General.
JOS. JOHN WILLIAMS, Chairman.
Which report was received and read, and the accompanying bill placed among the orders of the day.
The following message was received from the Senate:
SENATE CHAMBER,
November 30th, 1860.
HON. JOHN B. GALBRAITH,
Speaker of the House of Representatives:
SIR:--The Senate has passed the following bills, viz:
A bill to be entitled an act making certain appropriations for the support of the Government; also,
A bill to be entitled an act for the relief of Joseph B. Wood, of Columbia county.
Very respectfully,
B. F. PAKKER,
Secretary of the Senate.
Which was read, and the accompanying bills placed among the orders of the day.
A bill to be entitled an act to amend the Militia Laws now in force in this State;
Was read the first time, rule waived, read the second time by its title, and on motion of Mr. Holland of Franklin, the House resolved itself into a Committee of the Whole for its consideration--Mr. Vogt in the Chair.
After some time spent therein the Committee rose and by their Chairman reported the Bill back to the House as amended and recommended its passage and asked to be discharged;
Which report was concurred in, and the bill as amended ordered to be engrossed for a third reading on to-morrow.
A Committee from the Senate consisting of Messrs. Chain, Brokaw and Rogers, waited on the House to inform them that the Senate had passed a Joint Resolution relative to adjournment;
Which was received and placed among the orders of the day.
A Committee from the Senate consisting of Messrs. McCall, McQueen and Dawkins waited upon the House to inform them that the Senate had passed a bill to be entitled an act for the relief of Gen. William E. Anderson and others;
Which was received and placed among the orders of the day.
On motion of Mr. Mays the rule was waived and he allowed to make the following report:
Mr. Mays from the Committee on the Judiciary made the following report:
The Judiciary Committee to whom was referred a bill to be entitled an act to authorize the suspension of specie payment by the banks that nre engaged in the banking business in this State; and a bill to be entitled an act to stay judicial sales in this State, have had the same under consideration and beg leave to
That they recommend that the amendment offered in the House to the first bill be not adopted, and that two additional sections, numbers 3 and 4, herewith submitted, be attached as amendment and that the bill thus amended do pass.
They also report a bill which they recommend as a substitute for the bill to be entitled an act to stay judicial proceedings.
All of which is respectfully submitted,
D. H. MAYS.
Chair'n Judiciary Committee.
Which was received and read, and the bills and amendments placed among the orders of the day.
Mr. Holland of Franklin moved that the rule be waived and the Joint Resolution of the Senate relative to adjournment be taken up;
Which motion was agreed to.
Which was read and Mr. Russell moved to strike out the number "seven" in the fifth line and insert the number "fourteen" in lieu thereof;
Upon which motion the yeas and nays being called for by Messrs. Holland and Blount, were as follows:
Yeas--Messrs. Bird, Bissell, Campbell, Carter, Howell, Holloman, Hull, Love, McKinnon, Mizell, Murphy, Newburn, Price, Russell, Scott, Yates and Yon--17.
Nays--Mr. Speaker, Messrs. Bellamy, Blount, Broxson, Clyatt, Coffee, Collins, Cole, Dansby, Hawes, Holland of Franklin, Holland of Hernando, Lee, Mays, McCormick, Means, Mickler, Oliver, Parker, Pooser, Richardson, Robinson, Stewart, VanZant, Vogt, Wells, Williams and Wilkinson--28.
So the motion was lost.
Upon the question of the passage of the resolution the vote was:
Yeas--Mr. Speaker, Messrs. Bellamy, Blount, Broxson, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Hawes, Holland of Franklin, Holland of Hernando, Howell, Lee, Mays, McCormick, Means, Mickler, Mizell, Murphy, Oliver, Parker, Pooser, Price, Richardson, Robinson, Stewart, VanZant, Vogt, Wells, Williams, Wilkinson, Yates and Yon--35.
Nays--Messrs. Bird, Bowne, Campbell, Holloman, McKinnon, Newburn, Russell and Scott--9.
So the resolution passed--title as stated.
Ordered that the same be certified to the Senate.
On motion of Mr. Hawes the rule was waived and he allowed to introduce the following bill:
A bill to be entitled an act for the relief of Howell A. Baisden former Sheriff of Putnam county;
Which was read the first time, rule waived, read the second time by its title and placed among the orders of the day.
On motion of Mr. Hull, the House took a recess until 3 o'clock, P.M.
The House resumed its session--a quorum present.
Mr. Dansby moved that the rules be waived and the House
act upon the Senate bill to be entitled an act for the relief of Gen. William E. Anderson and others;
Which motion was lost.
A bill to be entitled an act to authorize the Judge of the Middle Circuit of the State of Florida to hold an extra Term of the Circuit Court in Hamilton county;
Was read the third time and put upon its passage upon which the vote was:
Yeas--Mr. Speaker, Messrs. Blount, Carter, Coffee, Collins, Cole, Dansby, Hawes, Howell, Holloman, Hull, Lee, Love, McCormick, McKinnon, Means, Mickler, Newburn, Oliver, Parker, Pooser, Price, Richardson, Scott, VanZant, Vogt, Wilkinson and Yates--28.
Nays--None.
So said bill passed--title as stated.
Ordered that the same be certified to the Senate.
A Committee from the Senate consisting of Messrs. Abercrombie, Chain and Starke, waited upon the House and informed them that the Senate had passed a Joint Resolution relative to the Convention;
Which was received and placed among the orders of the day.
The following message was received from his Excellency the Governor:
EXECUTIVE CHAMBER,
TALLAHASSEE, Nov. 30th, 1860.
HON. JOHN B. GALBRAITH,
Speaker of the House of Representatives:
SIR--I respectfully recommend the following nomination for the advice and consent of the General Assembly.
NASSAU COUNTY.
Auctioneer--E. J. Acosta.
Very Respectfully,
M. S. PERRY.
Which was read, and on motion of Mr. Haddock the nomination therein contained advised and consented to.
The following message was received from the Senate:
SENATE CHAMBER,
November 30, 1860.
HON. JOHN B. GALBRAITH,
Speaker of the House of Representatives:
SIR--The Senate has passed the following joint resolution, viz:
Joint Resolution in relation to the Convention; also
Resolution in relation to electing a United States Senator.
Very Retpectfully,
B. F. PARKER,
Secretary of the Senate.
Which was read and the accompanying resolutions placed among the orders of the day.
A bill to be entitled an act to amend the Election Laws now in force in this State,
Was read the second time and ordered to be engrossed for a third reading on to-morrow.
The following message was received from the Senate:
SENATE CHAMBER,
November 30th, 1860.
HON. JOHN B. GALBRAITH,
Speaker of the House of Representatives:
SIR: The Senate has passed the following bill, viz:
A bill to be entitled an act to amend the Pilot Laws of the port of Fernandina.
Very respectfully,
B. F. PARKER,
Secretary of the Senate.
Which was read and the accompanying bill placed among the orders of the day.
A bill to be entitled an act to amend the School Laws of Columbia County,
Was read the Second time and on motion of Mr. Haddock referred to the Committee on Schools and Colleges.
A Committee from the Senate, consisting of Messrs. Abercombie, Brokaw and Simkins, waited upon the House to inform that body that the Senate had passed a bill to authorize the County Commissioners of Escambia county to borrow money to build a Court House and Jail;
Which bill was placed among the orders of the day.
Mr. Mays moved to take up the bill entitled an act to authorize the suspension of specie payments by the Banks in this State and the agencies of Banks that are engaged in banking business in this State;
Upon which motion the yeas and nays were called for by Messrs. Mays and Blount, and were as follows:
Yeas--Mr. Speaker, Messrs. Canova, Coffee, Collins, Hawes, Holland of Franklin, Holloman, Love, Mays, McCormick, Means, Mickler, Scott and Vogt--14.
Nays--Messrs. Bird, Broxson, Campbell, Carter, Clyatt, Cole, Dansby, Haddock, Holland of Hernando, Howell, Hull, Lee, McKinnon, Murphy, Newburn, Oliver, Pooser, Price, Robinson, Russell, Stewart, Wilkinson, Yates and Yon--24.
Which motion was lost.
Senate bill to be entitled an act to establish the Planters and Merchants' Bank of Pensacola,
Was, on motion of Mr. Blount, taken up, read the first and
second times by its title and referred to Committee on Corporations.
The following message was received from the Senate:
SENATE CHAMBER,
November 30th, 1860.
HON. JOHN B. GALBRAITH,
Speaker of the House of Representatives:
SIR: The Senate has passed the following Bill, viz:
A bill to be entitled an act to allow James R. Green of Gadsden county to contract and be contracted with.
B. F. PARKER,
Secretary of Senate.
Which was read and the accompanying bill placed among the orders of the day.
Also the following:
SENATE CHAMBER,
November 30th, 1860.
HON. JOHN B. GALBRAITH,
Speaker of the House of Representatives:
SIR: The Senate has passed the following bill, viz:
House bill to be entitled an act to q