A Journal of the Proceedings of the
House of
Representatives of the General Assembly of the State of
Florida, at its Eleventh Session, Begun and
Held at the Capitol, in the City of Tallahassee, on Monday,
November 18, 1861:
Electronic Edition.
Florida. General Assembly.
House of Representatives
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Secession -- Florida.
Legislation -- Florida.
Legislative journals -- Florida.
Florida -- Politics and government -- 1861-1865.
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HOUSE JOURNAL--11th Sess.
A
Journal of the Proceedings
OF THE
HOUSE OF REPRESENTATIVES
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF FLORIDA,
AT ITS
ELEVENTH SESSION,
Begun and held at the Capitol, in the City of Tallahassee,
on Monday, November 18, 1861.
Tallahassee:
OFFICE OF THE FLORIDIAN & JOURNAL.
PRINTED BY DYKE & CARLISLE.
1861.
Of the House of Representatives of the
General Assembly of the
State of Florida, at the 11th Session thereof, begun and held
at the Capitol, in the, City of Tallahassee, in the State of
Florida, on Monday, the Eighteenth day of November, in the
Year of our Lord One Thousand Eight Hundred and Sixty-
one:
On which day, being that fixed by the Constitution of the State of
Florida for the meeting of the General Assembly, the House
was called to order by A. J. Peeler, Clerk of the former House,
who proceeded to call the roll, when the following members appeared
and answered to their names, viz:
A second call of the roll then being proposed, Mr. Love moved
that, preceding the same, those members present who had been
elected to fill vacancies occurring in this House since its last
session, should present their certificates of election to the Clerk
and take the usual oath of office;
Which being adopted, and Messrs. Enoch J. Vann of Madison
county, William D. Bloxham of Leon county, Henry S. Seward
of Polk county, and Thomas P. Wall of Clay county, presented
their several certificates of election, and were sworn by Edward
M. West, Justice of the Peace.
The roll being call a second time, a quorum being not in attendance,
the House, on motion of Mr. Love, then adjourned until to-morrow morning,
10 o'clock.
TUESDAY, November 19, 1861.
The House met pursuant to adjournment.
The roll being called by A. J. Peeler, former clerk of the
House, the following members were present and answered to
their names viz:
There not being a quorum, upon motion, the Sergeant-at-Arms
of the late House being in attendance, was dispatched to notify
any absent members in the city, that their attendance was requested
in the House for the purpose of effecting its organization.
After the elapse of some time, and the roll being again called,
a sufficient number of members not being found in attendance to
constitute a quorum, the House, upon motion of Mr. Hull,
took a recess until 3 o'clock, P.M.
3 O'CLOCK, P. M.
The House resumed its session.
The roll being called, the following members appeared and
answered to their names, viz:
being withdrawn, Mr. Love, on motion of Mr. Bloxham, was
declared to be unanimously elected Speaker of the House.
On motion of Mr. Means, a committee of three were appointed,
consisting of Messrs. Coffee, Cole and Oliver, to conduct the
Speaker elect to the Chair.
On being conducted to the Chair the Speaker addressed the
House of Representatives as follows:
Gentlemen of the House of Representatives:
I accept the trust with which you have honored me with profound
diffidence of my ability efficiently to discharge its duties.
But whatever strict impartiality, earnest labor, true and fervent
devotion to the welfare of this commonwealth of the Confederate
States of America and the honor and dignity of this General
Assembly, can contribute towards the discharge of its duties,
will not be found wanting.
We assemble together, gentlemen, at this term of our Legislature,
in the midst of a revolution so gigantic in its influences,
that it threatens to convulse the whole system of civil and social
institutions which belong to the Government with which, by a
solemn act of the public will, we have dissolved our connection.
In the midst of hostile armies and military preparations, upon that
vast scale which has hitherto belonged to the continent
of Europe, we are required so to direct the legislation of the
country that while the State expends its whole energies in gathering
military resources for defence, the burdens of taxation may
be rendered as easy to our people as the condition of the country
will permit; a system of finance provided, which will supply
the means of exchange between its different classes, and our system
of Government and society be preserved unimpaired from
the stern events which are now occurring.
To perform wisely and well the great trust with which we are
honored, will require the gracious aid of that Divine being who
holds in the hollow of His hand the destinies of nations. I humbly
trust that this Divine assistance may co-operate with our
earnest and patriotic purposes, and enable us, when we shall
have closed the labors of this branch of our Legislature, to lay
our hands upon our hearts and say "all the ends we have aimed
at were our country's, our God's and truth's."
I thank you, gentlemen, for the honor you have conferred upon
me, and hope that I shall be able, (with your kind assistance
and forbearance,) to discharge the responsible duties of the office
to the satisfaction of the House, and with credit to myself.
Mr. Coffee offered the following resolution, viz:
Be it resolved by the House of Representatives of the State of
Florida in General Assembly convened, That the officers of the
last House of Representatives be constituted officers of this
House;
Which was adopted.
On motion, the House proceeded to elect officers to fill such
vacancies as had occurred in the offices of the House since its
last session.
The office of Assistant Clerk being announced as vacant, and
nominations being in order, Mr. Hull nominated John F. Jackson
of Levy county.
Mr. Campbell nominated J. Gibson of Gadsden county.
Mr. Bloxham nominated J. Clark of Columbia county.
The vote was:
FOR GIBSON--Mr. Speaker, Messrs. Campbell, Carter, Cole,
Holloman, Robinson and Scott--7.
FOR CLARK--Mr. Bloxham--1.
FOR JACKSON--Messrs. Blount, Canova, Coffee, Haddock,
Howell, Hull, Lee, Means, Newburn, Oliver, Parker, Pooser,
Russell, Seward, Vann, Vanzant and Wall--17.
Mr. Jackson was declared duly elected Assistant Clerk.
The House then proceeded to the election of an Engrossing
Clerk, that office being vacant.
Mr. Oliver nominated Thos. H. Hale of Leon county.
Mr. Pooser nominated J. W. Johnson of Leon county.
The vote was:
FOR HALE--Messrs. Blount, Bloxham, Canova, Campbell, Carter,
Cole, Haddock, Holloman, Hull, Means, Oliver, Parker,
Scott, Seward, Vann, VanZant and Wall--17.
FOR JOHNSON--Messrs. Coffee, Howell, Newburn, Pooser,
Robinson and Russell--6.
BLANK--Mr. Speaker and Mr. Lee--2.
Mr. Hale was declared duly elected Engrossing Clerk.
The House then proceeded to the election of an Enrolling
Clerk, that office being vacant.
Mr. Holloman nominated W. M. McIntosh of Gadsden county.
Mr. Hull nominated S. D. Allen of Leon county.
Pending the call of the roll, Mr. Allen was withdrawn, when
Mr. Scott moved that Mr. McIntosh be declared elected as Enrolling
Clerk of the House;
Which was unanimously adopted.
A question being raised as to whether the Sergeant-at-Arms
of the last House, being an appointee of the Speaker thereof, to
fill a vacancy occasioned therein, tinder direction of said House,
was continued in office under the resolution just offered by Mr.
Coffee and adopted, or whether the House should proceed to an
election to fill such vacancy therein, Mr. Speaker decided that
there was a vacancy and the House should proceed to the election
of a Sergeant-at-Arms.
Mr. Russell appealed from the decision of the Speaker, and
the House overruling his decision, W. H. Andrews, Sergeant-at-
Arms of the last House, was declared, under said resolution, to
be the Sergeant-at-Arms of the present House of Representatives.
On motion of Mr. Bloxham, a Committee of three, consisting
of Messrs. Bloxham, Means and Holloman was 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.
A Committee from the Senate, consisting of Messrs. Chain,
Brokaw and Broome waited upon the House and informed them
that the Senate was organized and ready to unite with a similar
Committee on the part of the House to wait upon his Excellency
the Governor, to inform him of the organization of the
General Assembly, and that they were now ready to receive
any communication be had to make.
Upon motion of Mr. Coffee, the officers of the House took the
usual oath of office before Edward M. West, Justice of the
Peace.
The Committee on the part of the House, consisting of Messrs.
Bloxham, Means and Holloman, appointed to wait upon the
Senate and unite with a similar Committee in waiting upon his
Excellency the Governor, returned to the bar of the House and
reported that they had performed their duty, and were discharged.
On motion of Mr. Scott, a Committee of three, consisting of
Messrs. Scott, Coffee and Robinson were appointed to select a
Chaplain for the House during the present session.
On motion of Mr. Bloxham, a Committee of five were appointed,
consisting of Messrs. Bloxham, Coffee, Canova, Blount
and Pooser to select and contract with a Printer for the printing
of the House for the present session.
The following message was received and read from his Excellency
the Governor:
EXECUTIVE DEPARTMENT,
Tallahassee, November 18, 1861
Fellow Citizens of the Senate
and House of Representatives:
Your honorable body, when in session in November last,
wisely determined to call a Convention, to represent the
Freemen of Florida, to devise suitable measures to avert
threatened evils. The Convention was composed of brave
and honorable men, who knew the rights of freemen, and
"knowing dared maintain them." They adopted and proclaimed
measures worthy their high character as statesmen,
and which were necessary to the defence of the sacred rights
of a noble, generous and brave people. Our sister
States, with but few exceptions, acted promptly, as Florida
did, in vindication of their rights as "Free, Sovereign
and Independent States."
The Confederate States of America now command the admiration
of foreign nations, the confidence of the citizen's
of each Southern State, and strike with amazement and
terror the minions of lawless power, who claim to be of the
United States, and who unnecessarily wage war against the
Confederate States of America, vainly supposing that a
free people can be conquered by those whose principal
achievements, since the war commenced, have been the arrest
and imprisonment of women and children, and their
own unarmed citizens, in utter disregard of the Constitution
under which they profess to act, in violation of every
principle of humanity, and at variance with the noble sentiments
which should distinguish the intelligent, the brave
and the free.
MILITARY ACADEMY.
A knowledge of the science of war, arms and munitions
of war, is much needed in Florida.
I would respectfully recommend to your honorable body
to appropriate the Arsenal at Mount Vernon, and the lands
reserved by the United States for its supply, to the following
purposes, viz: a Military Academy, a State Armory and
Arsenal of Construction.
The buildings and lands am the property of the State,
and with slight changes to be made, and at little expense,
will be admirably adapted to the purposes as recommended.
There will be ample room to accommodate professors, instructors
and three hundred cadets, with a beautiful parade
ground, already embraced in suitable enclosures; and at
this time, accomplished professors and experienced instructors
can be procured upon reasonable terms.
Employed as a State Armory in connection with a Military
Academy the arms can be used for instruction, kept in
good order, and an expense will be saved of rent for a
room, where they are insecure, and the labor and expense
incurred to keep them in order, without use, will be avoided.
With an arsenal of construction attached to a Military
Academy and Armory, the arms can be kept in proper repair,
and new arms manufactured, and thus nine good forges
now attached to the arsenal, with suitable tools and implements,
be brought into requisition, which are now idle, and
by prompt and energetic efforts wisely directed, the State
may be supplied with arms. The location is remote from
the coast, is not liable to surprise from the enemy and can
be, if necessary, successfully defended from attack; is
within two miles of Chattahoochee river, convenient to the
commerce of Apalachicola and Columbus, in Georgia, and
their tributaries, and is surrounded by a wealthy, densely
settled and intelligent population. The Pensacola & Georgia
Rail Road, it is believed, will be completed to Quincy
by the first of January, and when extended to Mount
Vernon, a distance of only eighteen miles, arms can be
quickly distributed by Rail Road to Middle, East and parts
of South Florida, and in ordinary times, can be transported
by water to every county in West Florida.
The present condition of affairs has deeply impressed the
public mind with the importance and necessity of military
science, and no doubt is entertained that if suitable arrangements
shall be made for accommodation and instruction, the
number of cadets which will be received at the institution
will be sufficient to defray necessary expenses, and to afford
means of instruction free of expense to one young man from
each county in the State, to be received upon the recommendation
of the Judges of Probate and County Commissioners of the
several counties.
MILITARY ORGANIZATION.
The opinion entertained by the Executive, with regard to
existing military organizations, and kindred subjects, and
what is necessary to the defences of the State, will be made
known to your honorable body by special message, suggesting
to your serious consideration the necessity of prompt
and judicious measures.
FUNDS PLACED IN THE HANDS OF THE GOVERNOR.
The General Assembly, in contemplation of the State
seceding, by resolution approved December 1st, 1860, placed
under the control of the Governor all available funds arising
from stocks of the several States held by the Comptroller
and Treasurer for the School, Seminary and sinking
funds, as well as the unexpended balance of the loan made
under the authority of an act of eighteen hundred and fifty-six,
and amendments thereto, for the payment of the debts of
the State.
The Governor was authorized to purchase arms and munitions
of war for the use of the State, not to exceed one
hundred thousand dollars. This, I presume, was expended
by my predecessor in the manner prescribed. But as the
ordinance of the Convention authorized the accounts of the
Governor to be audited and allowed by the Comptroller, I
would respectfully refer your honorable body to that office
for such information relative thereto as may be in his possession,
and may be necessary to the public welfare.
ACT OF FEBRUARY, 1861.
The attention of the General Assembly is also respectfully
invited to an act approved February, 1861, entitled "an act
to provide for the payment of the Florida Volunteers and
others who have not been paid for services actually rendered
the State of Florida in the last war with the Seminole
Indians."
You will see by the report of the Comptroller, that under
this act he has issued warrants on the Treasury to the
amount of one hundred and sixty-eight thousand five hundred
and twenty-four dollars and eighty-three cents--an
amount far exceeding, if the Executive is rightly informed,
the contemplation of the General Assembly when the act
was passed.
The Comptroller felt compelled by the law to issue the
warrants, when the claims were made according to the provisions
of the act. The General Assembly were actuated
by the noblest motives in enacting the law, but doubtless
frauds have been committed under its provisions, and the
most rigid scrutiny, by legal enactment, is recommended.--
Now is a favorable time, by wise legislation, to impress
upon the minds of brave soldiers how justly they are appreciated,
and to carry conviction home to the public mind,
that wicked men, who would willingly defraud the Government,
will not be permitted to do so, but will be prevented
and exposed to punishment, scorn and contempt.
REDUCTION OF EXPENDITURES.
The reports of the Comptroller and Treasurer show that
the expenditures of the State exceed the receipts, and the
alternative is presented to the General Assembly of either
increasing the taxes, or reducing the expenses. The embarrassed
state of financial affairs renders the first inexpedient.
When the war tax called for by the Confederate Government
shall be added to the assessments now required by law for
State and County purposes, the burthen upon the people
will prove so onerous as to make a further increase, at the
present time, in the judgment of the Executive, altogether
improper; and the more especially is this case when the General
Assembly have their power, by appropriate legislation,
to relieve the Treasury of many of the drains upon it,
and thus, with the existing rate of taxation, meet all the
expenses of the State without any increase of taxes. If this
be so, it would seem to be clearly the duty of the Legislature
to adopt such policy as would produce so desirable a result.
Among the heaviest drains upon the Treasury are those
connected with the administration of Justice, Civil and
Criminal, in the Circuit as well as the inferior Courts.
The report of the Comptroller will show that the single
item under the head of "Jurors and Witnesses," amounts to
the sum of twenty-seven thousand six hundred and forty-two
dollars and four cents--nearly one-fourth of the net receipts
of the Treasury for the present fiscal year; and the
question presents itself, is there no method by which this
expenditure maybe lessened, without impeding justice? In
the opinion of the Executive there are several ways in which
it may be accomplished, and the first step towards it is by
making the principle pertaining to Jurors in Justices' Courts
applicable to Jurors in the Circuit Courts. In Justices'
Courts, Jurors are paid by the parties litigant: why should
not the same principle obtain in the superior tribunals? If
it be just to require litigants to pay the Jury called to decide
their controversies in the one instance, would it not be
equally just in the other? Litigation, so far at least as this
can be done without obstructing justice, should be taxed
with its own costs. But it is deemed no hardship or impediment
to justice to require the jury to be paid in a Justices'
Court by the losing party, and before rendering their verdict,
nor should it be so regarded in a higher tribunal. The
State makes provision for the Judge who presides in the
Circuit Court, and litigants ought not to complain if the law
requires them to provide for the other expenses involved in
settling their difficulties.
If the suggestion to modify the existing law in this respect
should meet the approval of the General Assembly, the saving
to the Treasury in consequence thereof would be no inconsiderable
sum. From the difficulty of obtaining correct
data, it is impossible to distinguish between Jurors in Civil
and Jurors in Criminal cases; but it may be safely assumed,
that of the amount reported under the head referred to, at least
ten thousand dollars has been expended for Jurors in civil
suits, so that this much would be saved to the State by
adopting the policy proposed. But a still greater saving
would be accomplished by devolving the cost of "Criminal
Prosecutions" upon the counties. Were this done, in connection
with the measure already recommended, the annual
relief to the Treasury would be upwards of fifty thousand
dollars--the two items amounting, for the present year, to
the sum of fifty-four thousand four hundred and thirty dollars
and thirty-nine cents. Under the head of "Criminal
Prosecutions" is embraced the expense of all violations of
the criminal law of which cognizance is taken by the Justices
as well as the Circuit Courts, and the stream of accounts
pouring into the Treasury in connection therewith is incessant.
An examination of some of these by the General Assembly
could not fail of suggesting speedy reform, even if
the plan of devolving the whole expense upon the counties
should not be concurred in. As the law stands, there is an
inducement for notice to be taken of trivial as well as grave
cases, since the State is bound for the expense involved,
without any reference whatever to the nature of the offence.
If the counties, however, were required to meet this expense,
while the law, in all its essential features, would be as rigidly
enforced as it now is, the enforcement would be accompanied
with much less cost. Justices of the Peace, as well as Grand
Juries, would doubtless be more circumspect in their action,
and there would not be found cumbering the dockets of our
Courts that long list of petty cases, which, while they serve
but little to vindicate the law and repress crime, are always
attended with great expense.
To make the burden fall as lightly as possible upon the
counties, all fines and forfeitures should go into their respective
treasuries. Hitherto, the State has derived comparatively
little from these. Seldom indeed is it that a fine or
forfeiture is paid into the Treasury. The Comptroller's report
shows that during the present year only the sum of five
thousand one hundred and thirty-nine dollars and ninety-one
cents has been received on these accounts--suggesting
the idea that either Juries have been greatly averse to imposing
fines as a mode of punishment--to some offenders
the most dreaded of all punishments--or that they have not
been collected. Besides, it is no uncommon thing for a jury,
when a fine is imposed, to make it in utter disproportion to
the offence, and then, in whole or in part, after leaving the
jury-box, to unite in a petition for its remission. This, it is
believed, would not be the case were the cost of prosecuting
criminals to devolve upon the counties. Fines would be
more generally imposed than they now are, and much more
certainly collected, and, going into the county treasury,
would, in many instances if not in all, more than pay the
cost involved in the prosecutions.
More than this--as the law now stands it operates with
great inequality. There is reason to believe that many of
the counties, to meet their Jury, Witness, Justices' of the
Peace and Criminal expenses, draw considerably more from
the Treasury than they pay in, while in others these expenses,
compared with the amount they contribute to the common
fund, are proportionately small, so that in point of fact
these more fortunate counties--more fortunate in having a
class of population less disposed to violate the laws of the
State--are taxed to aid in defraying the cost of prosecuting
crimes not committed within their own limits.
Another reform in connection with this subject relates to
the law authorizing a change of venue. That law provides,
that upon affidavit being made by the party accused
that he has reason to believe that impartial justice cannot be
obtained in the county where the alleged crime was committed,
the Court is required to transfer the case to some
other county for trial. It may not be proper to advise
the repeal of this feature of the law, but to recommend such
a modification of it as would vest in the Judge a discretionary
power either to grant or reject the application for the
change of venue.
It not unfrequently happens that these applications are
made more for the purpose of delay, (and perjury is committed,
thus adding crime to crime,) than because of the real
existence of any feeling in the county prejudicial to the case
of the defendant. Within the last few years, two cases have
occurred in West Florida--the one a white man charged
with murder in Holmes county, when the evidence clearly
established the most diabolical murder for the purposes of
robbery. The venue was changed to Jackson county; the
party was convicted, and upon a technicality of law, a new
trial was granted, the venue changed to Calhoun county,
where he was again convicted, and upon another technicality
of law, an appeal was taken to the Supreme Court--the
judgment of the Court below was confirmed, and the unfortunate
criminal was executed under the sentence of the law.
The costs incurred amounted to several thousand dollars,
and were paid by the State. The other case alluded to
was that of a slave, a vicious and almost worthless slave,
charged with rape upon a white woman in Jackson county,
where he was tried and convicted. The case was taken up
by appeal to the Supreme Court--a new trial was granted,
the venue was changed to Calhoun county, where, after a
patient and impartial trial, the prisoner was again found
guilty. The presiding Judge, for good and sufficient cause,
agreeably to existing laws, granted a new trial, and upon
application the venue was changed to Franklin county,
where the prisoner was tried and acquitted. The costs in
the case amounted to several thousand dollars, which were
paid by the State. The opinion of one, who has practiced
law many years in Florida, and critically observed the
progress and results of many criminal prosecutions, is, that
public justice demands the repeal of the law authorizing a
change of venue; and not simply because of the cost
which has been, and may be incurred, but as a preventive
of crime. Those who are disposed to commit grave offences,
aware of the opportunities of escape from punishment
by a change of venue, and the many facilities the practice
affords to exhaust the patience of witnesses and deter
their attendance at Court, and by false witnesses brought
into the presence of the Court, where all opportunity to discredit
them has been cut off, do not hesitate, but perpetuate
crime with a reasonable hope of avoiding punishment.
It is not to be presumed that in any county in the State, a
case can arise where it would be impossible to procure a
jury to render a verdict according to the evidence. And it
is respectfully suggested that the act granting the right of
appeal in criminal cases should be amended so as to limit the
right of appeal to questions of law, not embracing matters
of fact, and be made to depend upon the sound discretion
of the presiding judge.
THE COMPTROLLER'S OFFICE.
The law authorizing this important office is defective, and
should be modified. It is the great auditing department of
the Government, and in it are deposited the tax books and
all papers and documents relating to the revenue, as well as
all evidence upon which warrants on the Treasurer are
drawn. It is evident, therefore, that in the administration of
its affairs, all the system consistent with the clerical force authorized
to be employed should be introduced and inflexibly
maintained; and to this end it is suggested that the law be
so amended as to require the keeping of a debit and credit
account with the several counties, by which all data connected
with the amounts received from and paid to any
county, whether for Jurors in civil or criminal cases, State
Witnesses, &c., &c., may be readily ascertained. It has
been impossible, for the want of this system from the origin
of the State Government, to obtain satisfactory data
upon some of the subjects presented in this message, and for
that reason they have not been as fully discussed as they
otherwise would have been. It has not been possible, for instance,
to distinguish between Jurors in civil and Jurors in
criminal cases, between criminal prosecutions in Circuit or
Justices' Courts, or to arrive at the amount drawn from the
treasury by the separate counties for each and all of these items.
Had this data been accessible, the General Assembly could
act more understandingly on the matters herein presented
relative to the modes proposed for reducing the State expenditures.
The modification may involve a small increase in
the appropriation for the clerical force of that office, but
this will be more than counterbalanced by the advantage to
be derived from the change.
If the office be deemed of sufficient importance to be retained
as one of the departments of the Government, and it
is difficult to perceive how it can be dispensed with, the
State ought not to withhold the means necessary to make it
as efficient as possible.
The present Comptroller has been engaged, during several
months past, in bringing up and balancing the book of his
department since the admission of the State into the late
Union, embracing a period of nearly seventeen years. The
labor has been great, requiring the employment of an experienced
accountant, at considerable expense, the payment
of which is referred to the Legislature, with the recommendation
that such an appropriation shall be made for its liquidation
as may be considered a fair compensation for the service
rendered.
The recommendations of the Comptroller on the subject
of a modification of the laws relating to payments by the
Treasurer, and a monthly comparison of accounts between
the two offices, are also referred to the General Assembly
for their favorable consideration.
The offices of Comptroller and Treasurer were designed,
in their organization, to be mutual checks upon each other.
It would therefore seem to be proper that the transactions
of each relative to the revenue, embracing receipts as well as
payments, should be matter of record in the books of both
departments. In no other way can these offices come fully up
to all the purposes for which they were established.
LUNATICS.
I respectfully invite the attention of the General Assembly
to the law concerning Lunatics. This law, founded on
the highest principles of humanity and dictated by the best
feelings of our nature, may be so amended as to lessen the
expense incurred by the State without affecting injuriously
the ends designed by its enactment. So various are the degrees
of aberration occurring in our observation and experience,
admitting in some cases of lucid intervals, as to justify
the suggestion that you would so modify the law as to give
a discretion to the Circuit Judge to direct the lunatic to be
sent to an Asylum, or to appoint a guardian to whom his
custody may be committed, or otherwise to dispose of the
lunatic within the State for such compensation to be paid as
in the judgment of the Court would secure the best good of
the lunatic, whilst it would lessen the expense to which the
State would be subjected. It is admitted that no fixed rule
could well be established by the Legislature to this end, and
hence an enlarged discretion should be vested in the Circuit
Judges, to be exercised according to the circumstances and
the character and degree of lunacy developed in each case.
GEORGIA AND FLORIDA BOUNDARY.
Shortly after I entered upon the duties of the Executive
office, I received from the Governor of Georgia a communication,
accompanied by a resolution adopted by the General
Assembly of that State, copies of which are herewith transmitted,
in reference to the question of boundary between
the two States. I informed the Governor of Georgia that
I would, as I now do, submit to your consideration the resolution
transmitted to me, together with all matters growing
out of the differences on the subject.
The material points concerning the disputed boundary
between Florida and Georgia, may be summed up as follows:
By the treaty between Spain and the United States of
22d February, 1819, Spain ceded to the United States the
Territory which now constitutes the State of Florida, with
the boundaries as they then existed. These boundaries had
been definitely agreed upon by treaty stipulations made at
San Lorenzo el Real on 27th October, 1795, between the
two countries, and were solemnly ratified by both. The
treaty of the 27th October, 1795, was acknowledged and
referred to in the treaty of 22d February, 1819. To ascertain
the true boundary, then, it is only necessary to refer to
the treaty of San Lorenzo el Real. The second and third
articles of the treaty define the boundary and provide for
running and marking the line, as follows:
Article 2d--"To prevent all disputes on the subject of
the boundaries which separate the territories of the two
high contracting parties, it is hereby declared and agreed
as follows, to wit: The Southern boundary of the United
States, which divides their Territory from the Spanish colonies
of East and West Florida, shall be designated by a
line beginning on the river Mississippi at the northernmost
point of the thirty-first degree of latitude north of the
Equator, which from thence shall be drawn due East to the
middle of the river Apalachicola or Chattahoochee; thence
along the middle thereof to its junction with the Flint;
thence straight to the head of the St. Mary's river; and
thence down the middle thereof to the Atlantic Ocean."
Article 3d--"In order to carry the preceding article into
effect, one Commissioner and one Surveyor shall be appointed
by each of the contracting parties, who shall meet at
Natchez, on the left side of the river Mississippi, before the
expiration of six months from the ratification of this Convention,
and they shall proceed to run and mark this boundary
according to the stipulations of the said article. They
shall make plats and keep journals of their proceedings,
which shall be considered as part of this Convention, and
shall have the same force as if they were inserted therein."
From the Mississippi to the Apalachicola the boundary
line was a certain parallel of latitude, which could at any
time be definitely located, and so between those rivers, there
is not now any controversy. The only point of difficulty
now presented is the line from the junction of the Chattahoochee
and Flint rivers to the head of the St. Mary's river,
being the boundary line between Georgia and Florida.
In conformity with the stipulations of the 3d article of
said Treaty, in May, 1796, Andrew Ellicott, was appointed
Commissioner, and Thomas Freeman, Surveyor, on the part
of the United States, for the purpose of running and marking
the boundary line. The line was run and marked as far
as the Chattahoochee river. On account of the hostility of the
Indians, the Commissioners were compelled to desist from
attempting to run and mark the boundary from the junction
of the Flint and Chattahoochee to the head of St. Mary's
river. Considering, however, the junction of the Flint and
Chattahoochee as a fixed and permanent geographical point,
they concluded to ascertain and designate the head of the
St. Mary's as the Eastern terminus, in order that the line
might thereafter be run and marked between those points
when the difficulties then existing might be removed. Ascending
the St. Mary's river, the Commissioners agreed
upon a spot which was to be considered as "the head of St.
Mary's river." They erected a mound of earth, which is
now known as "Ellicott's Mound." According to the
journal of Mr. Ellicott, "it was therefore agreed that the
termination of a line supposed to be drawn N. 45 deg. E.
640 perches from the Mound B., should be taken as a point
to, or near which, a line should be drawn from the mouth of
the Flint river; which line, when drawn, should be final,
and considered as the permanent boundary between the United States
and His Catholic Majesty," &c. The Commissioners
closed their labors, and submitted their plats and
journals to their respective Governments. They were approved,
and thereby their acts were sanctioned.
It would seem, then, that the termini of the line now constituting
the boundary between Georgia and Florida, were
the junction of the Chattahoochee and Flint rivers and a
point 640 perches N. 45 deg. E. of Ellicott's Mound. Were
that agreed upon, the running and marking the line is not
a matter of argument or theory, but a question of fact, to be
determined by competent surveyors.
Upon the supposition that these are the two termini, the
United States and Florida acted; but upon an equally just
supposition that an ex parte survey might be erroneous, the
United States refrained partially, and the State of Florida
has wholly refrained from assuming any surveyor's line to
be entirely correct, and therefore none of the fractional lands
adjacent to what, by the U. S. surveys, was supposed to be
the true boundary, were rendered subject to entry, except
to pre-emptors under the United States laws. Such,
however, has not been the course of our sister State.
It was insisted by Georgia that Mr. Ellicott mistook the
head of the St. Mary's river, and that the Commissioners
transcended their powers in agreeing upon a certain point
as the assumed head.
The controversy, therefore, was based on one of
two propositions--1st. Shall the point designated
by the Commissioners
be assumed, leaving the mechanical operation of running
and marking the line to be performed by competent surveyors;
or, 2nd. Shall the designated point be abandoned, and
the true source of the St. Mary's be ascertained and established
as the Eastern terminus of the disputed boundary.
It was insisted by Florida that the ratification by Spain
and the United States of the proceedings of the Commissioners
established the points as fully as though these
points had been specified in the treaty. It was, however,
generally supposed that Mr. Ellicott did not ascertain the
true source of the St. Mary's river, but that had he done
so, the Eastern terminus would have been located several
miles North of the Mound. Florida, however, has always
acquiesced in the action of the Commissioners, and has always
been willing to recognize Ellicott's Mound as the head
of St. Mary's river, so far as relates to the question of
boundary.
In 1818, Georgia appointed Commissioners to ascertain
whether Ellicott's Mound was at the head of St. Mary's river.
They reported that Mr. Ellicott had not mistaken the
true head of said river. The Governor of Georgia, on the
3rd of March, 1819, reported to the Secretary of War the result
of the commission.
Subsequently, a bill was introduced in Congress by a Senator
from Georgia, to provide for running and marking the
boundary, and became a law on the 4th May, 1826, which
provided "that the line so to be run and marked shall run
straight from the junction of said rivers Chattahoochee and
Flint, to the point designated as the head of the St. Mary's
river, by the Commissioner appointed under the third Article
of the treaty of friendship, limits and navigation, between
the United States of America and the King of Spain,
made at San Lorenzo el Real on the 9th day of Oct., 1795."
Georgia appointed a Commissioner and Surveyor to act in
conjunction with those of the United States, to run and
mark said line, in conformity with the Act of Congress.
When the survey was almost completed, the Governor
of Georgia required the Commissioner of that State to desist
from further co-operation with the United States Commissioner,
until the true head of the St. Mary's could be ascertained.
The survey was never completed. The contest
since, on the part of Georgia, has been with reference to the
true head of the St. Mary's river, that State contending that
the South or Middle Prong of said river is the main branch
and is the true river.
There have been two lines run and marked from the junction
of the Chattahoochee and Flint rivers to Ellicott's
Mound on the St. Mary's, purporting to be in conformity
with the treaty. One is usually known as the "McNeil
line," the other as the "Watson line." The United States
claimed the right to sell lands to the upper or "McNeil
line," and did accordingly dispose of lands to that line.
Georgia exercised the right of disposing of the lands to the
lower or "Watson line." This has involved the question
of individual title, as well as the right of jurisdiction within
the disputed territory. In 1845, a correspondence was
opened between the Governors of the two States in reference
to this subject. Commissioners were appointed by the
two States for the purpose of adjusting the boundary, but
failed to accomplish that object.
At the fourth session of our General Assembly, the Governor
called the attention of that body to the question of the
disputed boundary, and transmitted a copy of a report and
resolutions adopted by the Legislature of Georgia, in which
a proposition was made to submit the question to the Supreme
Court of the United States. The report concludes
with these words: "Your Committee, in thus recommending
a mode for the adjustment of this long standing controversy,
would by no means limit the discretion of the Executive
as to the points or questions submitted, with the concurrence
of Florida, to the decision of the Supreme Court.
We recommend that the Governor take any and all such
steps, to close this controversy in an amicable manner, as his
judgment may dictate; and with a view of furnishing to our
sister Florida the evidence of our feelings in this matter, be
it resolved that the Governor be requested to transmit to the
Governor of Florida a copy of this report and resolutions."
In accordance with the suggestions of Georgia, the State of
Florida filed a bill in the Supreme Court of the United States
to confirm and quiet the boundary line. In the message of
the Governor of Georgia to the Legislature of that State, the
course of Florida in this matter was characterized as discourteous
to the State of Georgia. This occasioned a correspondence
between the Executives of the two States, in
which Florida was ably vindicated and confessedly exonerated
from the charge of "discourtesy." It seems, however,
that the State of Georgia still preferred that the matter
should be decided without reference the Supreme Court.
On February 11, 1850, the Legislature of Georgia adopted
resolutions authorizing the Governor to make by negotiation,
arbitration or otherwise, a full and final settlement of all
points in dispute relative to the boundary line; and recommended
the selection of one Commissioner on behalf of each
State, with power to appoint a third Commissioner, to whom
all points of difference should be referred, and agreed that
the award or decision of said Commissioners should be final
and conclusive. The Governor of Georgia suggested to the
Governor of Florida the appointment of one Commissioner
on behalf of each State, and in case of disagreement, that
the Governor of some other State be chosen as umpire. This
suggestion was not assented to by the Governor of Florida.
He proposed the adoption of the "McNeil line." This proposition
was declined. During this correspondence, the suit
in the Supreme Court was suspended. No means of adjustment
being agreed upon, the case was reinstated.
By Act of December 31, 1850, the Governor of this State
was "authorized and required to take such steps as may to
him seem necessary and proper for expediting and forwarding
the settlement of the controversy between this State and
the State of Georgia in regard to their line of boundary."
In 1854, by desire of the counsel for Georgia, a decretal
order was entered, by consent, for the appointment
of Commissioners, first, to run and mark a line from
the junction of the Flint and Chattahoochee rivers to the
point designated by the Commissioners under the treaty of
1795; and secondly, to determine the head of the St. Mary's
river, and run a line accordingly--the action of such
Commissioners not to prejudice the rights of either party.
The time allowed not being sufficient to accomplish the purpose,
the order was modified so as to authorize the Commissioners
simply to determine the head of St. Mary's river.
The agreement under which said decretal order was to be
executed was as follows, to wit:
"By and with the consent of the Governors of Florida and
Georgia, the undersigned, Solicitors for the parties respectively,
have agreed as follows :
"1st. The Commissioners and Surveyors, in the execution
of the interlocutory order of the Court, may begin by examining
the point alleged to have been determined by Ellicott
and Minor as the head or source of the St. Mary's river.
If they find that to be the true head or source, then they
shall run a line from thence to the confluence of the Flint
and Chattahoochee.
"2nd. If they find that not to be the true head or
source of the St. Mary's river, then they are to search for
such head or source, and having ascertained and determined
the same, they shall run a line from thence to the confluence
of the Flint and Chattahoochee.
"3rd. The undersigned consent to waive all objections to
any departure from the terms of the interlocutory order
which shall be consistent with the terms of this agreement."
This agreement was signed by the Solicitors of both parties.
Under these orders and agreement, the two States appointed
Commissioners and Surveyors. These Commissioners
entered upon the discharge of the duties assigned them, and
proceeded in their work until the Commissioner and Surveyor
appointed by Georgia were withdrawn by order of
the Governor of said State. The cause of such withdrawal
was that the two Commissioners could not agree as to the
true head of the St. Mary's river, the Georgia Commissioner
insisting upon Lake Randolph as the point, and that a
line should be run from Lake Randolph to the Western terminus.
The Commissioners had agreed to run a guide line from
Ellicott's Mound to the junction of the Flint and Chattahoochee
rivers, and correct the line back. It was insisted by
the Georgia Commissioner that another line should be run
from Lake Randolph (or Ocean Pond,) to said junction.--
To this the Florida Commissioner objected, upon the ground
that the Commissioners had no right to run any line except
the one first designated, and another from the point agreed
upon as the "head of St. Mary's river." During the time of
the survey from Ellicott's Mound to the junction of the Flint
and Chattahoochee, the order was received from the Governor
of Georgia which suspended the work.
The correspondence upon this vexed question was continued
between the Governors of the two States until December,
1857. The basis of settlement finally agreed upon by the
Governors was: "To adopt the terminal points of the
present recognized line as the true terminal points of the
boundary line, to be re-surveyed, corrected and marked:
Provided, it is shown by either party that the present line
is incorrect, subject to the ratification of the respective Legislatures
of Georgia and Florida."
The Legislature of Georgia, on the 29th December, 1857,
adopted resolutions ratifying the agreement entered into by
the Governors, and resolving that Georgia would "regard,
adopt and act upon the present line as run and recognized
between those points as the settled boundary of the two
States, or will so recognize and adopt any other line between
those points which may be ascertained and established on a
re-survey and re-marking of the boundary, provided said
boundary correction is made by virtue of law and by the
joint action of the States aforesaid." The resolutions, provided
for the appointment of a Surveyor on the part of Georgia,
to act with a Surveyor on the part of Florida, for the purpose
of running the line between the terminal points indicated.
On January 12th, 1859, the action of the Governors was
ratified by the Legislature of Florida under resolutions identical
with those of Georgia--such resolutions having been in
fact copied from those adopted, by Georgia, fully and literally,
except the necessary transposition of the names of the
two States. Thus was a solemn agreement entered into,
which gave promise of an early settlement of a protracted
and perplexing controversy.
On November 22nd, 1859, a resolution of the Legislature
of Georgia was approved by the Governor, providing for the
appointment of a special agent to visit Florida to confer
with the Executive of Florida and to enter into negotiations
to restore quiet, &c., between the citizens of the two States,
until the boundary could be adjusted and agreed upon.--
The cause of disturbance of quiet among the citizens which
Georgia wished to lull, was the anticipated conflict of title
between purchasers and legal claimants of land upon or near
the boundary.
In the meantime, Surveyors had been appointed by the
two States for the purpose of running the line--Gustavus
J. Orr on the part of Georgia, and Benjamin F. Whitner,
Jr., on the part of Florida. These Surveyors proceeded to
the discharge of their duties and recommended that the
straight line run from the mouth of Flint river towards
Mount B., should be adopted as the boundary line between
Florida and Georgia, provided said line does not depart
more than one-fourth of a mile from Mound B. Should the
departure exceed that distance, the Surveyors recommended
the running of a correction line back from Mound B. to the
mouth of Flint river.
On the 22nd December, 1859, an act of the General Assembly
of Florida was approved recognizing and approving
the line then being run as the permanent boundary line,
provided its Eastern terminus should not depart from Ellicott's
Mound more than one-fourth of a mile. Said act confirmed to bona
flde holders of lands, under any grant from Georgia, their titles to
such lands, except where such titles would conflict with those of
citizens of Florida South of the McNeil line.
The Legislature of Georgia passed a similar act confirming
individual titles, but containing no reservation. The
United States, by act of Congress, also confirmed the title of
the purchasers from Georgia.
The Surveyors run the line, which was so accurately
drawn as to be almost perfect. On February 8th, 1861, the
State of Florida recognized such line and declared it to be
the permanent boundary.
The only official communication I have received which
would indicate that the established line is not the true boundary,
is contained in the letter from the Governor of Georgia,
and the resolutions to which I first referred. I would request
that your body will take this matter into consideration,
and adopt such measures as you may deem expedient to
bring this controversy to an end.
I have given a succinct history of the material facts connected
with this controversy, not that I consider it material
to trace the record further back than the adoption by both
States of the terminal points, but because I desire that
reference may be had to such points as show that Florida
has never exhibited a disposition to protract the contest.
It was contended by Florida that the point designated by
the Commissioners should be regarded as the Eastern terminus.
It wa never insisted by Florida that such point
should be so considered. If that point was rejected, and it
was insisted that a just settlement of the dispute required
an ascertainment of the true head or source of the St.
Mary's river, Florida was always willing to acquiesce.
When requested, to bring the matter for adjudication before
the Supreme Court of the United States, she filed a
bill accordingly. When that proceeding was objected to,
orders were given to suspend further proceedings in the suit.
When an order by consent was issued by the Court to appoint
Commissioners and Surveyors to ascertain the true
line, &c., Florida gave obedience to the mandate. When,
after disagreement, certain termini were agreed upon, she
appointed her Surveyor and ratified the survey as marked
by the Surveyors of Georgia and Florida, as they had recommended.
When called upon to confirm the titles made
by Georgia to any lands which might fall within the limits
of Florida, she responded as far as she had any power. She
confirmed all titles granted by Georgia, except where they
conflicted with the rights of citizens of Florida under acts
of the United States or the State. This exception amounted
to nothing in law. Our State cannot deprive a citizen
or foreigner of his vested rights. The exception, in point of
fact, is in favor of Georgia, virtually declaring that Florida
did not and does not recognize as legal any title given to
land (either by the State or General Government,) lying
North of the McNeil line, and at the same time recognizing
the titles granted by Georgia South of that or any other
line, so far as the State could recognize them.
With this message, your honorable body will have submitted
to your consideration the reports of the Comptroller,
the Treasurer, the Land Register and the Attorney General,
and I would respectfully recommend the appointment
of Committees to investigate the condition of the several
departments, and especially that of the Executive and the
offices immediately connected therewith--the Adjutant and
Inspector General's office and that of the Quartermaster
General. I desire, and in justice to myself as Executive of
the State urge upon the General Assembly, to ascertain and
report the true condition of affairs, and especially in reference
to financial matters, that the administration of the
State Government, during the term of office for which the
present Executive has been elected and qualified, may depend
upon its merits or demerits for character in the future
history of our State affairs.
The suggestions of this message have been limited to subjects
which, in the judgment of the Executive, require action
by the General Assembly in the present condition of our
State and national affairs, without calling attention to such
other matters of less general importance, which, in more
settled times, might have engaged your deliberations.
In conclusion, permit me to state that I am ready and
anxious to co-operate with you in every effort which your
wisdom may suggest to sustain the noble cause in which
the people of the Confederate States of America are engaged,
and to render the name of Florida glorious in the
contest now being waged between freedom and tyranny.
"IN GOD IS OUR TRUST," and humbly invoking the Divine
blessing upon your deliberations, and upon the brave and
generous people you represent,
I am, most respectfully,
Your fellow citizen,
JOHN MILTON.
CORRESPONDENCE ON THE SUBJECT OF THE BOUNDARY.
EXECUTIVE DEPARTMENT, GEORGIA,
Atlanta, October 5, 1861.
SIR: I have the honor to transmit herewith the copy of a
Resolution passed by the Legislature of this State at its last
session, to which I beg leave to call your attention, and to ask
if it will be agreeable to you that negotiations shall be opened
between Florida and Georgia for a re-survey of the disputed line
between the two States, as contemplated in the Resolution.
Most respectfully,
Your obedient servant,
JOSEPH E. BROWN.
To His Excelllency the Governor of Florida, Tallahassee.
Page 31
(COPY.)
Resolved by the General Assembly of Georgia, That the Governor
of Georgia be directed to re-open negotiations with the
authorities of the State of Florida, in regard to the boundary
line between the two States, and to urge the adjustment of the
disputed line so as to protect the rights of citizenship of the
people residing near the line, who have been recognized by the
Laws and Constitution of this State as being citizens of Georgia,
and so as also to protect the titles of citizens to the lands which
they hold under grants issued by this State; and to have, if
practicable, the boundary fixed, so as to retain and keep the
fractional lots of land sold by Georgia within the jurisdiction of
this State.
Assented to December 14, 1860.
EXECUTIVE DEPARTMENT, Tallahassee, October 16, 1861.
To His Excellency JOSEPH E. BROWN, Governor of Georgia:
SIR: I have received your communication of the 5th inst., enclosing
a copy of the Resolution adopted by the General Assembly
of Georgia relative to the late disputed boundary line
between the States of Georgia and Florida. Upon the meeting
of the General Assembly of Florida, I will call the attention of
that honorable body to the matters referred to in that Resolution.
Very Respectfully, Sir,
JOHN MILTON.
On motion of Mr. Bloxham, 500 copies of the Message and
Accompanying Documents were ordered to be printed for the
use of the House.
Mr. Canova moved that the Rules of the House at the last session
be adopted for the government of the House until other
Rules be adopted;
Which was adopted.
On motion of Mr. Oliver, the Sergeant-at-Arms was instructed
to procure the necessary stationery, &c., for the use of the House.
On motion, the House adjourned until to-morrow morning, 10
o'clock.
The House met pursuant to adjournment--a quorum present.
The Rev. E. L. T. Blake officiated as Chaplain.
The journal of yesterday's proceedings was read and approved.
On motion of Mr. Canova, the Sergeant-at-Arms was requested
to call upon the Secretary of State, and obtain a copy of
the amended Constitution, Acts and Journals of the last session
of the House; also a copy of Thompson's Digest for the use of
the Standing Committees.
Notice was given of intention to introduce the following bills
at some future day, viz:
By Mr. Bloxham:
A bill to be entitled an act for the relief of Robert C. Williams;
A bill to be entitled an act in relation to criminal prosecutions;
also,
A bill to be entitled an act relative to taxation.
By Mr. Blount:
A bill to be entitled an act to authorize Filo E. De la Rua to
hold and exercise the office of Keeper of Spanish Archives;
A bill to be entitled an act to facilitate the collection of taxes
by the City of Pensacola;
A bill to be entitled an act for the relief of the officers and
employees at the Warrington Navy Yard while in the possession
of the State of Florida;
A bill to be entitled an act concerning distributions; also,
A bill to be entitled an act to authorize the City of Pensacola
to subscribe the sum of two hundred and fifty thousand dollars
to the capital stock of the Gulf & Selma Railroad, and for
other purposes.
By Mr. Howell:
A bill to be entitled an act to amend an act entitled an act to
change the mode of selecting Grand and Petit Jurors in this
State, approved February 8th, 1861.
By Mr. Russell:
A bill to be entitled an act for the assumption of the War Tax
by this State; also,
A bill to be entitled an act to provide for the stay of executions.
By Mr. Newburn:
A bill to be entitled an act to amend the tax laws in this
State; also,
A bill to be entitled an act to amend the attachment laws of
this State, and for other purposes.
Resolved by the House of Representatives, That the Comptroller
of Public Accounts report to the House whether or not
Sumter County made any return of revenue for the years 1860
and 1861, and why Sumter County was left out of his report
of revenue returned for 1860 and 1861;
Which was adopted.
Mr. Cole offered the following resolution:
Resolved by the House of Representatives of the State of
Florida in General Assembly convened, That a Committee be
appointed to act with a similar Committee of the Senate, to examine
the books in the Comptroller's office and report on the
same;
Which was adopted.
In pursuance of said resolution, a Committee of five were appointed,
consisting of Messrs. Cole, Blount, Coffee, Russell and Pooser.
Mr. Blount moved that the Senate be notified that this House
has appointed a Committee of five to act in concert with a similar
Committee to be appointed by the Senate, to investigate the
books of the Comptroller, and to report the result of such investigation
to their respective Houses;
Which was agreed to, and Messrs. Blount, Cole and Holloman
appointed said Committee.
Mr. Bloxham, from a Select Committee, offered the following
report:
The Select Committee consisting of Messrs. Bloxham, Coffee,
Blount, Pooser, and Canova, to whom was referred the duty
of selecting and contracting with a Printer, for the printing of the
House for the present session, make the following
REPORT:
That they have contracted with Messrs. Dyke & Carlisle for
the printing of the House, at the following rates, to-wit: Miscellaneous
printing, such as daily slips of proceedings, bills, reports,
&c., at 3/4 of a cent per 100 words, counting ninety copies.
700 copies of the Journals at $2 80 per page, counting one
copy.
For all miscellaneous printing ordered exceeding ninety copies
in number, the charge will be the simple value of the paper,
and the expense of press-work, folding and stitching.
Mr. Scott, from a Select Committee, offered the following
report:
The Select Committee consisting of Messrs. Scott, Coffee and
Robinson, appointed on yesterday to select a Chaplain for the
House during the present session, make the following report, viz:
That they have secured the services of the Rev. E. L. T. Blake
as such Chaplain.
WM. H. SCOTT, Chairman.
C. C. COFFEE,
JAMES L. ROBINSON.
Which was read and concurred in.
On motion, the House took a recess until 11 o'clock, A. M.
11 O'CLOCK, A. M.
The House resumed its session--a quorum present.
The Committee, consisting of Messrs. Blount, Cole and
Holloman, appointed to wait upon the Senate and inform them that
the House has appointed a Committee of five to unite with a similar
Committee on the part of the Senate to examine the Comptroller
books, returned to the bar of the House, reported they
had performed their duty and were discharged.
Mr. Vann moved that a Committee of three be appointed to
prepare Rules for the government of the House during the present
session; and that said Committee be authorized and required
to act with a similar Committee of the Senate in preparing joint
Rules for the government of the two Houses;
Which was adopted, and Messrs. Vann, Means and Canova
were appointed said Committee.
The following special message was received from his Excellency
the Governor and read:
EXECUTIVE DEPARTMENT,
Tallahassee, November 19, 1861.
Fellow Citizens of the Senate and
House of Representatives:
At the first session of the General Assembly of the State in
1845, the Governor was authorized to appoint a Private Secretary,
and the salary fixed was five hundred dollars.
By act approved January 6th, 1849, [Chap. 225, Sec. 1,] the
salary was reduced to two hundred dollars.
By act approved January 15, 1859, [Chap. 893, Sec. 1,] the
salary was increased to Four Hundred Dollars, and the further
duty required of the Private Secretary to copy the laws for publication.
By an act providing for the issue of Treasury Notes, approved
February 14th, 1861, it is provided that the notes shall be
signed by the Governor, and countersigned by the Treasurer.
The amount of Treasury Notes authorized to be issued is Five
Hundred Thousand Dollars, of the different denominations of
ones, twos, threes, fours, fives, tens, twentys, fifties, and hundreds.
None of larger denomination than ones, twos, and threes have
yet been engraved and printed. The present state of public affairs
requires much vigilance, industry and mature reflection of
the Executive in providing means for the defence of the State,
and conducting a general correspondence, not only with our
fellow-citizen, of this State, but with the authorities of the Confederate
Government, and several of the State Governments, but
the urgent demand for Treasury Notes, to sustain the State
Government, has been such as to require much time and labor,
which might have been performed by the Private Secretary.
It is respectfully recommended to your honorable body to
amend the act of 1861, so as to authorize the Private Secretary
to sign the name of the Governor to the Treasury Notes, with
the knowledge and consent of the Governor. And in view of
the arduous additional labors which it will require of the Secretary,
and also of the increased duties of the office connected
with the correspondence requisite to the public welfare, it is
also respectfully suggested that the salary of the Private
Secretary be increased to an amount sufficient to secure the services
of a gentleman as a Private Secretary fully competent to
the discharge of the arduous additional and confidential duties.
Respectfully,
JOHN MILTON.
A special message was received from his Excellency the Governor,
upon the consideration of which, on motion, the House
went into secret session.
On motion, the House adjourned until to-morrow morning, 10
o'clock.
THURSDAY, November 21, 1861.
The House met pursuant to adjournment--a quorum present.
On motion of Mr. VanZant, the reading of the Journal of yesterday's
proceedings was dispensed with.
Notice was given of the intention to introduce the following
bills on some future day, viz:
By Mr. Parker:
A bill to be entitled an act to establish and permanently locate
the county site of Manatee County.
By Mr. Pooser:
A bill to be entitled an act to repeal the act authorizing a
change of venue in criminal prosecutions.
Mr. Bloxham moved that the proprietor of the Semi-Weekly
News be requested to furnish fifty copies of his paper for the
use of the House during its session;
Which was adopted.
On motion of Mr. Lee, Mr. Malcolm C. Peterson, member
elect from Hernando County, to fill the vacancy occasioned by
the resignation, of Mr. N. W. Holland, former member from said
county, presented his certificate of election and was sworn by
A. J. Peeler, Clerk of the Supreme Court.
The following bills were introduced in pursuance of previous
notice, viz:
By Mr. Blount:
A bill to be entitled an act for the relief of the officers and
employees of the Warrington Navy Yard while in the possession
of the State of Florida; also,
A bill to be entitled an act concerning distribution; also,
A bill to be entitled an act to facilitate the collection of taxes
by the City of Pensacola.
By Mr. Bloxham:
A bill to be entitled an act for the relief of Robert C. Williams;
also,
A bill to be entitled an act relative to taxation.
Which were placed among the orders of the day.
The Speaker announced the following Standing Committees
of the House:
On motion of Mr. Holloman, 80 copies of the Standing Committees
of the House were ordered to be printed for its use.
On motion of Mr. Means, a Committee of five, consisting of
Messrs. Means, Russell, Blount, Canova and Coffee, were appointed
to unite with a similar Committee to be appointed on
the part of the Senate, to constitute a Joint Committee of the
General Assembly on Ways and Means.
On motion of Mr. Means, a Committee of three, consisting of
Messrs. Means, Blount and Coffee were appointed to wait upon
the Senate, and inform them of the action of the House in the
appointment of said Committee.
The Committee appointed to wait upon the Senate, and inform
them of the action of the House in reference to the appointment
of a joint Committee of Ways and Means returned,
reported that they had performed that duty and were discharged.
The rule being waived, Mr. Canova introduced a memorial from
sundry citizens in behalf of Richard E. Taylor;
Which was read and upon motion referred to the Committee
on Propositions and Grievances.
ORDERS OF THE DAY.
A bill to be entitled an act to facilitate the collection of Taxes
in the city of Pensacola,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act concerning distributions,
Was read the first time and ordered for second reading on
to-morrow.
A bill to be entitled an act for the relief of the officers and
employees of the Warrington Navy Yard while in the possession
of the State of Florida,
Was read the first time and ordered for second reading on to-morrow.
A bill to be entitled an act relative to taxation,
Was read the first time and ordered for second reading on to-morrow.
A bill to be entitled an act for the relief of R. C. Williams,
Was read the first time and ordered for second reading on to-morrow.
On motion of Mr. Coffee, the House adjourned until to-morrow
morning, ten o'clock.
FRIDAY, November 22,1861.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
The journal of yesterday's proceedings was read and approved.
Mr. Vann moved that so much of the Governor's message as
relates to the Military Academy be referred to the Committee
on Schools and Colleges;
That so much of said message as relates to the "Act of February,
1861," be referred to the Committee on Judiciary;
That so much of said message as relates to the Reduction of
Expenditures be referred to the Committee on Finance;
That so much as relates to the re-organization of the Comptroller's
office be referred to the Committee on Finance and Public
Accounts;
That so much of the message as relates to Lunatics be referred
to the Committee on Taxation and Revenue;
That so much as relates to the Georgia and Florida boundary
line be referred to the Committee on the State of the Commonwealth;
That the report of the Register of Public Lands be referred to
the Committee on Schools and Colleges;
That the report of the Attorney General be referred to the
Committee on Judiciary; and,
That so much of the Governor's message as relates to Funds
placed in the hands of the Governor, together with the reports
of the Comptroller and Treasurer, be referred to a Joint Committee
of the two Houses;
Which was agreed to.
Mr. Bloxham moved that the Judiciary Committee of the
House be authorized to act as a Joint Committee with the Judiciary
Committee of the Senate on all matters that may be referred
to either of said Committees;
Mr. Coffee moved that the Messenger of the House be directed
to furnish the Chaplain of the House with the journal of the proceedings
of the same, on the morning previous to its session of each day;
Which was agreed to.
Notice was given of intention to introduce the following bills
on some future day, viz:
By Mr. Campbell:
A bill to be entitled an act to punish crimes and misdemeanors
not heretofore provided for by the laws of this State; also,
A bill to be entitled an act for the benefit of defendants in suit.
By Mr. Wall:
A bill to be entitled an act to unite the offices of Judge of Probate
and Clerk of the Circuit Court in Clay county.
By Mr. Bloxham:
A bill to be entitled an act to provide for a digest and revision
of our public laws.
By Mr. VanZant:
A bill to be entitled an act to amend an act to establish the
records of the county of Columbia, and for other purposes; also,
A bill to be entitled an act for the relief of the several Railroad
Companies in this State.
The following bills were introduced in pursuance of previous
notice, viz:
By Mr. Bloxham:
A bill to be entitled an act in relation to criminal prosecutions.
By Mr. Howell:
A bill to be entitled an act to change the mode of selecting
Grand and Petit Jurors in this State, approved Feb'y 8th, 1861.
By Mr. Newburn:
A bill to be entitled an act to amend an act 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 tax laws of this State.
By Mr. Blount:
A bill to be entitled an act to authorize the city of Pensacola
to subscribe to certain Railroad stock; also,
A bill to be entitled an act to authorize F. E. De la Rua to
hold the office of keeper of Spanish Archives;
Which were placed among the orders of the day.
Mr. Vann, from a Select Committee, offered the following
report:
The Select Committee, to whom was referred the duty of preparing
Rules for the government of this House during the present
session, and who were authorized and required to act with a
similar Committee from the Senate to prepare rules for the government
of both Houses, having had the same under consideration,
make the following
REPORT:
That they recommend the adoption of the rules used by the
House of Representatives at its last session, as the Standing
Rules of the House for the present session, with the following
amendment to number ten of said rules:
Add to rule No. 10, the following--"And all motions made
during motion hour of intention to introduce bills or concerning
any bill, and all motions necessary to appear upon the journals
during motion hour, or motions to waive the rule, shall be reduced
to writing by the mover, and sent to the desk of the Clerk
by him; and it shall not be required of the Clerk to enter upon
the minutes of the proceedings of the House any motion not so
reduced to writing and sent to the Clerk as aforesaid."
E. J. VANN,
G. W. MEANS,
A. A. CANOVA, Com.
Mr. Blount moved that the amendment to rule. No. 10, as proposed
by the Committee, be stricken out;
Which was agreed to.
On motion, the House then concurred in the report adopting
the rules of the last session.
On motion of Mr. Oliver, 80 copies of the Standing Rules of
the House were ordered to be printed.
On motion of Mr. Russell, the House went into secret session
for the further consideration of the special message of his Excellency
the Governor, and after some time spent therein, the
doors by motion were opened, and the House resumed its proceedings
in open session.
ORDERS OF THE DAY.
A bill to be entitled an act for the relief of R. C. Williams,
Was read the second time.
Mr. Bloxham moved that said bill be referred to a Select Committee
of five;
Which was lost.
On motion, the bill was then referred to the Committee on
Claims.
A bill to be entitled an act relative to taxation,
Was read the second time, and on motion was referred to the
Committee on Taxation and Revenue.
A bill to be entitled an act for the relief of the officers and
employees of the Warrington Navy Yard, while in the possession
of the State of Florida,
Was read the second time, and an amendment offered thereto
by Mr. Coffee;
Which bill, with the amendment thereto, on motion was referred
to the Committee on Confederate Relations.
A bill to be entitled an act concerning distributions,
Was read the second time and on motion referred the a Committee
on Judiciary.
A bill to be entitled an act to facilitate the collection of Taxes
in the city of Pensacola,
Was read a second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to amend an act entitled an act
to amend the attachment laws now in force in this State,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to authorize F. E. De la Rua to
hold the office of keeper of the Spanish Archives in the city of
Pensacola,
Was read the first time, rule waived, and read a second time
by its title, and ordered to be engrossed for a third reading on
to-morrow.
A bill to be entitled an act to authorize the city of Pensacola
to subscribe to certain Railroad Stock,
Was read the first time, rule waived, and read a second time
by its title, and ordered to be engrossed for a third reading on
to-morrow.
A bill to be entitled an act in relation to Criminal Prosecutions,
Was read the first time, rule waived, read a second time by
its title, and on motion 80 copies thereof were ordered to be
printed, and said bill referred to the Committee on the Judiciary.
On motion, the rules were waived, and Mr. Oliver allowed to
introduce a resolution requesting copies of the correspondence between
his Excellency the Governor and the Secretary of War,
or the President of the Confederate States, respecting the troops
being raised in this State for the Cavalry service;
Which resolution was adopted.
A bill to be entitled an "act to amend an act to change the
mode of selecting Grand and Petit Jurors in this State," approved,
February 8, 1861,
Was read the first time, and ordered for a second reading on
to-morrow.
A bill to be entitled an act to amend the tax laws of this
State,
Was read the first time, and ordered for a second reading on
to-morrow.
The following message was received from the Senate, viz:
SENATE CHAMBER,
Nov. 21st, 1861.
To Hon. SAMUEL. B. LOVE, Speaker of the House of Representatives:
SIR: The enclosed resolution passed the Senate this day, and
was ordered to be certified to the House.
Very respectfully,
JOHN B. WHITEHURST, Secretary of the Senate.
Which was read, taken up and adopted, with sundry House
amendments. And on motion of Mr. Means, a Committee of
three, consisting of Messrs. Means, McKinnon and Russell, were
appointed to return the same to the Senate and inform them of
its adoption as amended, who, after a short absence, returned to
the bar of the House, and reported that they had performed their
duty and were discharged.
On motion of Mr. Bloxham, the House went into secret session
to consider the special message from the Senate, and after some
time spent therein, on motion the doors were opened and the
House resumed its proceedings in open session.
The rules being waived, Mr. Holloman moved that the House
do now adjourn until Monday next, 12 o'clock, M.;
Which was lost.
Mr. Scott, from the Committee on Engrossed Bills, made the
following report:
The Committee on Engrossed Bills report the following bill
as correctly engrossed, viz:
A bill to be entitled an act to provide for the necessary supplies
for the Army in the State, of Florida to prevent monopolies,
and for other purposes.
WM. H. SCOTT, Chairman.
Which was read, and the accompanying bill placed among the
orders of the day.
On motion the rules were waived, and Mr. Means permitted
to give notice of intention to introduce the following bills on
some future day:
A bill to be entitled an act to regulate the sessions of the Supreme
Court of Florida and for other purposes;
Also, a bill to regulate the mode of examining applicants for
admission to the Bar in this State and for other purposes.
Mr. Bloxham moved that the House do now adjourn until 12
o'clock, M. on Monday next; upon which the yeas and nays being
called by Messrs. Pooser and Russell, the vote was:
Mr. Russell moved that the House do now adjourn until 5
o'clock, P. M., on Monday next; upon which the yeas and nays
being called by Messrs. Pooser and Canova, the vote was:
Mr. Holloman moved that the House do now adjourn until
Monday next at 11 A. M.; upon which the yeas and nays being
called by Messrs. Pooser and Means, the vote was:
The following message from his Excellency the Governor,
was received and read:
EXECUTIVE CHAMBER,
Tallahassee, Nov. 22, 1861.
Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:
SIR: In reply to the resolution of the House communicated
this day, asking copies of correspondence of the Executive Department
with the Departments at Richmond relative to Cavalry,
or mounted men, I would respectfully inform you that
such correspondence will be furnished in a few days, accompanying
a special message upon military affairs, which I am
now preparing to transmit to the General Assembly.
Very respectfully,
JOHN MILTON.
Upon motion, the Speaker was granted leave of absence from
the House until Tuesday next.
Mr. Blount moved that during the absence of the Speaker,
Mr. Canova fill the chair as Speaker pro tem.;
Which was agreed to.
Mr. Holloman moved that the House adjourn until Monday
next, at 12 o'clock, M.
Mr. Russell moved as an amendment, which was accepted,
that the House do now adjourn until Monday next, at 7 1/2 o'clock,
P. M;
Upon which the yeas and nays being called for by Messrs.
Pooser and Newburn, the vote was:
On motion, the House adjourned until to-morrow morning, 8
o'clock.
STANDING RULES OF THE HOUSE.
RUPE 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 other 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 the 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 Confederate 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
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 on 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.
SATUDRAY, November 23,1861.
The House met pursuant to adjournment.
Upon the call of the roll, a quorum being not present, the
House, on motion, took a recess until 10 o'clock, A. M.
10 O'CLOCK, A. M.
The House resumed its session--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
The journal of yesterday's proceedings was read and approved.
Notice was given of intention to introduce the following bills
on some future day, viz:
By Mr. Bloxham:
A bill to be entitled an act to provide for appeals from the
Mayor and City Council of Tallahassee; also,
A bill to be entitled an act to incorporate an Insurance Company
in the city of Tallahassee, to be called the Gulf State Insurance
Company.
By Mr. Newburn:
A bill to be entitled an act to change the name of New River
county in this State, to that of Bradford, in honor of the memory
of Capt. Richard Bradford of this State, and for other purposes.
Mr. Bloxham moved that the proprietors of the Floridian
Journal and Florida Sentinel, newspapers of this city, furnish
fifty copies each of said papers for the House during the session;
Which was adopted.
On motion, the rule being waived, Mr. Blount, without previous
notice, introduced a bill to be entitled an act to authorize
the Circuit Courts of this State to grant licenses to build toll
bridges and for other purposes.
Mr. Russell presented the following memorial from E. E.
Blackburn of Jefferson County, late Marshal of the United States
for the Northern District of Florida:
To the Honorable Senate and House of Representatives of the
State of Florida in General Assembly convened: The petition
of E. E. Blackburn, late Marshal of the late United States in and
for the Northern District of Florida, for himself and his Assistant
Marshals, respectfully sheweth that he and his Assistants
did, during the year A. D. 1860, take the Census of the said
Northern District of Florida; that the work was done to the
entire satisfaction of the Government of the late United States;
that a large amount of the fees earned for the taking of the said
Census have not yet been paid; that he believes the following
sums are yet due the parties hereinafter named to-wit: to himself
and clerk, by agreement with the Secretary of the Interior,
he and his clerk were to receive . . . . . $500 00
None of which has been paid.
That John H. Rhodes' account amounted to. . . . . 406 64
None of this bill has been paid.
E. R. Ives' account amounted to . . . . . 548 96
None of which has been paid.
William Grothe's account amounting to. . . . . 400 00
And odd dollars, none of which has been paid.
One half of Wm. G. Lester's account, . . . . . 45 02 1/2
is yet due.
One-half of G. J. Zehnbauer's account, . . . . . 74 12
is yet due.
One-half of Wm. U. Anderson's account, . . . . . 73 27
is yet due.
One-half of Jonathan C. Stewarts' account, . . . . . 47 57 1/2
is yet due.
One-half of H. K. Simmons' account amount, . . . . . 47 04
is yet due.
One-half of J. S. Gonzales' account amount, . . . . . 109 13
is yet due.
One-half of Francis Duston's account amount, . . . . . 68 24 1/2
is yet due.
One-half of Wm. S. Spencer's account amount, . . . . . 129 46 1/2
is yet due.
One-half of Wm. B. Watson's account amount. . . . . 42 52
is-yet due.
One-half of Charnick Selph's account amount, . . . . . 94 131
is yet due.
One-half of D. K. McDonald's account amount, . . . . . 126 25
is yet due.
One-half of D. G. Lee's account amount, . . . . . 56 89
is yet due.
One-half of Z. G. Wheeler's account amount, . . . . . 53 95
is yet due.
One-half of Wm. McPherson's account amount, . . . . . 68 89
is yet due.
One-half of W. K. Jones' account amount, . . . . . 53 59
is yet due.
One-half of E. D. Gornto's account amount, . . . . . 147 17
is yet due.
One-half of William McKain's account amount, . . . . . 124 98 1/2
is yet due.
One-half of A. D. Rogero's account amount, . . . . . 73 55 1/2
is yet due.
One-half of A. M. Andrew's account amount, . . . . . 162 47 1/2
is yet due.
One-half of John G. Smith's account amount, . . . . . 217 66
is yet due.
One-half of James E. Bowden's account amount, . . . . . 54 01 1/2
is yet due.
One-half of J. D. Bassett's account amount, . . . . . 212 92
is yet due.
One-half of J. J. McMillan's account amount, . . . . . 49 69
is yet due.
One-half of G. W. Blackburn's account amount, . . . . . 173 92
is yet due.
One-half of Simeon Helvenston's account amount, . . . . . 183 08
is yet due, making a total due the late Marshal,
his Clerks and Assistants, of Four Thousand
Three Hundred and Forty-five 16-100 Dollars, $4,345 16 1/2
Your Petitioner would further represent, that these several
sums would have been paid last winter but for the Secession of
the State of Florida from the Federal Union; that even after the
State had seceded, the Superintendent of Census, (Joseph C. G.
Kennedy,) expressed a willingness to pay those several bills, provided
drafts issued from his department would be honored by
the authorities of the State of Florida, as far as the funds would
go, that were seized by the State authority, as will more fully
appear by reference to his letter of the 9th April, A. D. 1861, in
reply to my letter of the 22d March, 1861. Mr. Kennedy's letter
and a copy of mine is herewith submitted. Your Petitioner
thinks it is but right and just that these several claims should be
paid out of the funds seized by the State of Florida, on and after
the day of Secession. Your Petitioner therefore prays that the
Legislature make provision for the payment of these several
claims by act or resolution, and your Petitioner will in duty
bound ever pray, &c.
E. E. BLACKBURN, late U. S. Marshal.
November 23d, 1861.
Which was received and read, and on motion referred to the
Committee on Finance and Public Accounts.
On motion, the rule being waived, Mr. Russell, without previous
notice, introduced a bill to be entitled an act to provide
for the payment of the War Tax assessed by the Confederate
States.
Which was placed among the orders of the day.
On motion, the rule being waived, Mr. Pooser introduced a
bill to be entitled an act to suspend the operation of an act entitled
an act to provide for the payment of the Florida volunteers
and others who have not been paid for services actually rendered
the State of Florida in the last war with the Seminole Indians,
approved February 8, 1861.
Which was placed among the orders of the day.
The rules being waived, Mr. Vogt moved that Mr. Holloman
be granted leave of absence from this House until Monday next
at 12 M.;
Which was agreed to.
Mr. Holloman offered the following resolution, viz:
Be it resolved by the Senate and House of Representatives of
the State of Florida in General Assembly convened, That the
Secretary of State be requested to comply with a resolution
adopted by the ninth General Assembly of the State of Florida,
requesting the Secretary to furnish the General Assembly with
a correct catalogue and list of all the books in the Executive,
Legislative and Judicial Libraries of this State, of which he is
Librarian, and a memoranda of all books which have been extracted,
lost or mislaid from said Library, and of the general
condition and care of said Library.
Which was adopted and ordered that the same be certified to
the Senate.
Mr. Scott, 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 Filo E. De la Rua to
hold the office of Keeper of Spanish Archives in the City of
Pensacola; also,
A bill to be entitled an act to facilitate the collection of taxes
by the City of Pensacola.
Respectfully submitted,
WM. H. SCOTT, Chairman.
Which was read and the accompanying bills placed among the
orders of the day.
Mr. Pooser from the Committee on Propositions and Grievances,
made the following report:
The Committee on Propositions and Grievances met agreeable
to appointment, in order to take into consideration the case
of Richard E. Fryer of Duval county, being a soldier in the
Confederate service, and in the command of Capt. Lucius A.
Hardee's company of infantry now stationed at Fort Leitner,
near the month of Nassau river, in the county aforesaid; and after
duly considering the case of said Richard E. Fryer, who has
been seriously maimed in both arms and body, by the explosion
of a cannon while in the discharge of duty, disqualifying him for
any manual labor whatever, and having a family who are dependent
upon his person for a support, we, therefore, the Committee,
do agree that the said Richard E. Fryer is an object of
much commiseration, and recommend him to his Excellency the
Governor of the State of Florida, and to this Honorable Body
as a suitable pensioner of the Confederate States of America.
JACOB H. POOSER,
Chairman.
Which was read.
ORDERS OF THE DAY.
A bill to be entitled an act to authorize Filo E. De la Rua to
hold the office of Keeper of Spanish Archives in the City of Pensacola,
Was read the third time and put upon its passage upon which
the vote was:
and others who have not been paid for service actually
rendered the State of Florida, in the last war with the Seminole
Indians, approved, February 8, 1861,
Was read the first time, rule waived, read the second time
by its titles, and on motion referred to the Committee on
Judiciary.
A bill to be entitled an act to provide for the payment of the
war tax, assessed by the Confederate States,
Was read the first time, ruled and waived, read the second
time by its title, and on motion referred to the Joint Select Committee
of the House and Senate on Ways and Means.
A bill to be entitled an act to authorize the Circuit Courts
of this State to grant licenses to build toll bridges and for other
purposes,
Was read the first time, and ordered for a second reading
on Monday.
A bill to be entitled an act to amend the tax laws of this
State,
Was read the second time, and on motion referred to the
Committee on Taxation and Revenue.
A bill to be entitled an act to amend an act entitled an act to
change the mode of selecting Grand and Petit Jurors in this
State, approved February 8, 1861,
Was read the second time, and on motion was referred to the
Committee on Judiciary, and 80 copies thereof ordered to be
printed for the use of the House.
Senate bill to be entitled an act for the relief of John Kelker
and other inhabitants of Santa Rosa county,
Was read the first time, rule waived, read the second time
by its title, and referred to the Committee on Propositions and
Grievances.
Mr. Parker moved that the House do now adjourn until Monday
next, at 10 o'clock, A. M.
Mr. Oliver moved, as an amendment thereto, that the House
adjourn until Monday next, at 11 o'clock, A. M.
Which was lost.
Mr. Parker's motion then being put, was adopted, so the House
adjourned until Monday morning next, at 10 o'clock.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. E. L. T. Blake officiated as Chaplain.
On motion of Mr. Williams, the reading of Saturday's journal
was dispensed with.
On motion of Mr. Blount, Mr. Lawrence M. Amos, member
elect from Santa Rosa county, to fill the vacancy occasioned by
the resignation of Mr. Wilkinson, former member from said county,
presented his certificate of election, and was sworn by Mr. A. J.
Peeler, Clerk of the Supreme Court.
Notice was given of intention to introduce the following bills
at some future day, viz:
By Mr. McKinnon:
A bill to be entitled an act to repeal the third section of an act
amendatory of the act of 1845, concerning roads and highways.
By Mr Lee:
A bill to be entitled an act to allow James F. Leffers of Sumter
county, to practice medicine in said county, and to be allowed
to charge for the same as other Physicians of the State, and for
other purposes,
Mr. Bloxham offered the following communication from Mr.
Edward Houstoun, President of the Tallahassee, Pensacola &
Georgia Railroad Companies,
OFFICE OF THE TALLAHASSEE AND PENSACOLA & GEORGIA
RAILROAD COMPANIES,
Tallahassee, November 25, 1861.
To the. Hon. Speaker and Members of the
House of Representatives:
GENTLEMEN: I am instructed by the Board of Directors of
the Pensacola & Georgia and Tallahassee Railroad Companies,
to request your Honorable Body to appoint a Committee
to confer with them upon the terms of transferring the
Roads and Equipment to the State, to be operated under its direction
and authority during the blockade.
The Directors are induced to make this proposition from the
fact that, owing to the blockade, which has almost entirely destroyed
the freighting business of the Roads, from which they
derived their principal profit and revenue, and also from the action
of the Legislature during its last session requiring the Company
to withdraw the transportation notes from circulation, and
not to pay them out after the 1st of January next, they feel persuaded
that it will be almost impossible to continue to operate
the Roads much longer. Believing that the State and community
are deeply interested in the continued operation of the
Roads, the above proposition is respectfully submitted.
E. HOUSTOUN, President.
Which was read, and on motion, referred to a select Committee
of five, consisting of Messrs. Hawes, Holloman, Blount, McCormick
and Price.
Mr. Means, from the Joint Committee of the House and Senate
on Confederate Relations, made the following report:
The Committee on Confederate Relations to whom was referred
"a bill entitled an act for the relief of the officers and employees
of the Warrington Navy Yard, while in the possession of the
State of Florida," and the amendments thereto, have had the
same under consideration and ask leave to report the accompanying
bill as a substitute therefor, and to recommend the passage
of the same.
G. M. MEANS, Chairman.
Which was read and concurred in and the substitute adopted,
and placed among the orders of the day.
Mr. Coffee, from the Committee on Taxation and Revenue,
made the following report:
The Committee on Taxation and Revenue to whom was referred
a bill to be entitled an act relative to Taxation, having had
the same under consideration, direct me to report the bill back to
the House and recommend its passage.
Respectfully submitted,
C. C. COFFEE, Chairman.
Which was read, and the accompanying bill placed among
the orders of the day.
The rule being waived, the following bills were introduced
in pursuance of previous notice, viz:
By Mr. Russell:
A bill to be entitled an act providing for the stay of executions
in this State.
By Mr. Campbell:
A bill to be entitled an act for the benefit of defendants in
suits;
Which were received and placed among the orders of the
day.
ORDERS OF THE DAY.
A bill to be entitled an act to authorize the Circuit Courts of
this State to grant licenses to build toll bridges and for other
purposes,
A bill to be entitled an act relative to taxation,
Was read the second time, and ordered to be engrossed for a
third reading on to-morrow.
On motion, the House took a recess until three o'clock, P.M.
3 O'CLOCK, P.M.
The House resumed its session--a quorum present.
On motion of Mr. Russell, W. H. Arendell, member elect from
Jefferson county, to fill the vacancy occasioned by the resignation
of P. B. Bird, former member from said county, presented
his certificate of election, and was sworn by A. J. Peeler, Clerk
of the Supreme Court.
Notice was given of intention to introduce the following bills
on some future day, viz:
By Mr. Holland:
A bill to be entitled an act to repeal the auction laws of this
State.
By Mr. Richardson:
A bill to be entitled an act to amend an act permanently to
locate the county site of Volusia county.
The following bills were introduced in pursuance of previous
notice, viz:
By Mr. Bloxham:
A bill to be entitled an act to provide for appeals from the
Mayor and City Council of Tallahassee.
By Mr. Lee:
A bill to be entitled an act to amend an act, approved February 10,
1831, concerning the public health.
By Mr. Wall:
A bill to be entitled an act to unite the offices of Judge of Probate
and Clerk of the Circuit Court in Clay county.
A bill to be entitled an act to amend an act to establish the
Records of the County of Columbia and for other purposes.
Which were placed among the orders of the day.
Mr. Holland offered the following resolution:
Resolved by the Senute and House of Representatives of the
State of Florida in General Assembly convened, That the President
be, and he is hereby requested to order a regiment to be
sent to Apalachicola without delay, to be stationed there during
the exigencies of the service.
Be it further resolved, That the Governor be, and he is hereby
requested to send this resolution to the President by telegraph.
Which was adopted.
On motion of Mr. Holland, a committee of three, consisting of
Messrs. Holland, Haddock and Robinson were appointed to convey
the same to the Senate.
A committee from the Senate consisting of Messrs. McCall,
Jones and Broome, waited upon the House and returned the
Senate resolution concerning the election of Confederate Senators
as amended by the House, and informed it that the Senate had
eefused to concur in the House amendments to the same.
Said resolution was then taken up, and Mr. Russell moved
that the same do lay upon the table;
Which was lost.
Mr. Russell then offered the following resolution as a substitute
therefor:
Resolved, That the House, the Senate concurring, in joint
ballot do go into the election of Confederate Senators on to-morrow
the 26th inst., at 12 o'clock, M.;
Which was adopted, and on motion a Committee of three,
consisting of Messrs. Russell, McKinnon and Coffee, were appointed
to convey the same to the Senate and request their concurrence
in the House substitute.
Mr. Holland offered the following resolution:
RESOLUTION IN RELATION TO MILITARY AFFAIRS AND GUN BOATS
TO BE BUILD AT APALACHICOLA.
Resolved by the Senate and House of Representatives in General
Assembly convened, That the Governor be and he is hereby
requested to request that the President order Capt. Hunter's
Company of the 4th Regiment of Florida Volunteers, and Capt.
Cropp's Company 1st Regiment of Florida Volunteers, to be ordered
to and stationed at Apalachicola, as soon as compatible
with the public service, inasmuch as these companies being residents
of that city, their intimate knowledge of the county makes
Be it further Resolved, That the Governor request the Confederate
authorities to have two Gun Boats built at Apalachicola
without delay, inasmuch as labor and materials for Gun Boats
can be had at that point, and the vessels built with rapidity.
Upon which the yeas and nays being called, the vote was:
Nays--Messrs. Arendell, Bellamy, Broxson, Campbell, Cole,
Dansby, Means, Peterson, Pooser, Price, Richardson, Russell,
Scott, Vogt, Williams and Yates--16.
So the resolution was adopted.
On motion of Mr. Holland, a Committee of three, consisting of
Messrs. Holland, Haddock and Robinson, were appointed to convey
said resolution to the Senate and notify them of its adoption.
Mr. Pooser from the Committee on Propositions and Grievances
made the following report:
The Committee on Propositions and Grievances, having before
them a Senate bill to be entitled an act for the relief of John Kelker
and others, inhabitants of Santa Rosa County, and after having
considered the case maturely, do agree that the bill pass.
JACOB H. POOSER, Chairman.
Which was read and the bill placed among the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an act providing for the stay of executions,
Was read the first time, rule waived, read a second time by
its title, and on motion, referred to a select Committee of five,
consisting of Messrs. Russell, Holland, Means, Williams and Bellamy,
to unite with a similar Committee to be appointed by the
Senate, to constitute a joint Committee of the two Houses.
The House met pursuant to adjournment--quorum present.
The Rev. Mr. Blake officiated as Chaplain.
On motion of Mr. Vogt, the reading of the journal of yesterday's
proceedings was dispensed with.
Notice was given of intention to introduce the following bills
on some future day, viz:
By Mr. Holland:
A bill to be entitled an act for the troops from this State in
the military service.
By Mr. Campbell:
A bill to be entitled an act for firing the woods.
By Mr. Hawes:
A bill to be entitled an act to secure to claimants the value of
improvements made on lands held under adverse possession in
good faith.
The following bills were introduced in pursuance of previous
notice, viz:
By Mr. Bloxham:
A bill to be entitled an act to incorporate an Insurance Company
in the city of Tallahassee, to be called the Gulf State Insurance
Company.
By Mr. Parker:
A bill to be entitled an act to establish and permanently locate
the county site of Manatee county.
By Mr. Newburn:
A bill to be entitled an act to change the name of New River
county in the State of Florida, to that of Bradford, in honor of
the memory of the late Capt. Richard Bradford of this State,
and other purposes.
By Mr. Richardson:
A bill to be entitled an act to amend an act permanently to
locate the county site of Volusia county.
By Mr. McKinnon:
A bill to be entitled an act to repeal the third section of an
act amendatory of the act of 1845 concerning Roads and Highways.
By Mr. Campbell:
A bill to be entitled an act to punish crimes and misdemeanors
not heretofore provided for by the laws of this State.
Which were placed among the orders of the day.
Mr. Holloman introduced the following memorial from the
county Commissioners of Gadsden county:
To the Honorable the President and Members of the Senate, the
Speaker and Members of the House of Representatives, of
the Legislature of the State of Florida:
The memorial of your petitioners, County Commissioners of
the county of Gadsden, respectfully sheweth unto your Honorable
Body, that in compliance with resolutions passed by the
citizens of said county at a public meeting held at the Courthouse
in Quincy, on the--day of--last, they
appropriated ($500), five hundred dollars towards the maintenance
and support of indigent families of volunteers in the service
of the State and of the Confederate States; that they have
since that time, by authority and in pursuance of said resolutions,
made divers and sundry additional appropriations for the
purpose stated, amounting in the aggregate to about ($800),
eight hundred dollars.
They further represent that there are in this county a large
number of indigent families, the heads of which have volunteered
in the service of the State and of the Confederate States,
for whom we are constrained to make some provision as well by
a sense of duty as by the dictates of an enlightened public policy,
either b individual private contribution or a general assessment
under the sanction of the law.
Your petitioners find from experience, that the most effectual
as well as the most equitable mode of providing for the absolute
necessities of these families, is, for the county authorities to
make such appropriation for each case that may present itself, as
they may, in their best judgment, seem to require. By pursuing a
plan of this kind, in the application of funds raised by authority
of law, the burthen falls equally upon all. On the other hand,
if we have to depend solely upon private contributions, the
whole work devolves upon a few generous, public-spirited persons,
whose means are, in a majority of cases, less ample than
of many who have peremptorily refused to bear their share. Indeed,
it has been fully demonstrated since the commencement
of this war, that the disposition to give is far from being in proportion
to the ability to do so. Our experience shows that
many possessing largely the means have neglected, and too often
have absolutely refused to contribute thereof, either in aid of the
Government, or to relieve the necessities and destitution of indigent
families left at home, deprived of the labor and support of
those fathers and sons who have nobly and patriotically buckled
on their armor in defence of the rights, liberties and institutions
of the country.
Your petitioners further represent that the Board of County
Commissioners, under existing laws, have no authority to make
appropriations of this nature, except the indigent families of volunteers
be classed and regarded as paupers, in which classification,
neither a sense of duty to ourselves as representatives of a
patriotic community, to them as individuals, nor a proper public
policy, will permit us to place them.
Your petitioners therefore pray, in consideration of the premises,
that your Honorable Body will enact a law legalizing such
appropriations as have been already made by them in their official
capacity as the Board of County Commissioners, for this
county, for the support of indigent families of volunteers in actual
service, and further to authorize them to assess and collect a
special tax, under such regulations as your Honorable Body may
in your wisdom deem just and proper, to be exclusively applied
to the purposes above set forth, for and during the continuance
of the war now being waged against the Confederate States by
the United States of America.
And your petitioners would further pray, that in the event of
your Honorable Body not considering yourselves constitutionally
competent to enact a law directing the assessment and collection
of a special tax, for the purpose contemplated, that you would
pass an act authorizing and making legal a continuance of appropriations
in the like manner and for the same purposes as they
have been heretofore made from the common treasury of the
county, by your petitioners, County Commissioners as aforesaid,
and your petitioners, as in duty bound, will ever pray, &c.
E. C. LOVE, Pres't Board, &c.
WM. H. GIBSON,JAMES GEE,A. L. SMITH,J. N. SHEPARD,
County Coms. Gadsden County.
Which was read, and on motion, was placed among the orders
of the day, and referred to a Select Committee to be appointed
by the Speaker.
Mr. Coffee from the Committee on Taxation and Revenue
made the following report:
The Committee on Taxation and Revenue to whom was referred
a bill to amend the tax laws of this State, report that
they have had the same under consideration and recommend that
the bill do not pass.
C. C. COFFEE, Chairman.
Which was read, and the accompanying bill placed among
the orders of the day.
Mr. Scott, 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 city of Pensacola
to subscribe to certain Railroad Stock.
A bill to be entitled an act relative to Taxation.
Respectfully submitted,
WM. H. SCOTT, Chairman.
Which was read, and the accompanying bills placed among
the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an act for the benefit of defendants in
suit,
Was read the second time and on motion referred to the Committee
on the Judiciary.
A bill to be entitled an act to amend an act approved February 10,
1831, concerning the public health,
Was read a second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to provide for appeals from the
Mayor and City Council of Tallahassee,
Was read the second time and the following amendment offered
by Mr. Blount:
Insert after the word "Tallahassee," the words "and Pensacola,"
wherever they occur;
And insert between the words "Leon" and "County," the words "and
Escambia;"
Which was adopted.
On motion of Mr. Bloxham, said bill was referred to the Committee
on the Judiciary.
On motion, the rules being waived, the following bill was introduced
without previous notice, viz:
By Mr. Holland:
A bill to be entitled an act to amend an act giving the State
the right of peremptory challenges in criminal cases, approved
February 14, 1861,
Which was received and placed among the orders of the day.
A committee from the Senate consisting of Messrs. Dawkins,
Bowers and Baldwin, waited upon the House and informed them
that the Senate had adopted the Joint Rules of both Houses of
the last session of the General Assembly, and requested the concurrence
of the House to similar action.
On motion the rules being waived, Mr. Vann from a Select
Committee made the following report:
The Select Committee appointed to act with a similar committee
from the Senate to prepare joint rules for the government
of the two Houses, report that they recommend the adoption
by the House of the Joint Rules which were used for the
government of the two Houses at the last session of the General
Assembly.
Respectfully submitted,
E. J. VANN,
G. M. MEANS,
A. A. CANOVA.
Which was read and concurred in, and on motion a committee
of three consisting of Messrs. Vann, Holland and Dansby were
appointed to notify the Senate of the action of the House relative
thereto.
A bill to be entitled an act relative to taxation,
Was read the third time and put upon its passage upon which
the vote was:
Nays--Messrs. Haddock, Newburn, Oliver, Parker, Robinson,
Williams and Yates--7.
So the bill passed--title as stated.
Ordered that the same be certified to the Senate.
On motion, the rule being waived, Mr. Coffee introduced the
following memorial from the officers and soldiers of the first batalion
of Florida Cavalry:
To the Honorable the Senate and
House of Representatives of the State of Florida:
The undersigned, officers and soldiers of the first battalion of
Florida Cavalry, now in service of the Confederate States, respectfully
represent to your Honorable bodies, that the Provisional
Congress of the Confederate States, at the third session
thereof, passed an act providing that if the several States should
clothe the troops raised in each State for service of the whole,
the Secretary of War should pay the value in money of such
clothing to the Governors of the States so furnishing the same,
and the Honorable L. P. Walker, late Secretary of War, after
the passage of said act, sent a letter to Honorable M. S. Perry,
late Governor of this State, wherein, after referring to such law,
he urged the Governor to proceed to procure clothing for the
Florida Volunteers, stating the inability of the Confederate States
to provide for all the troops in service; and your memorialists
further show that the late Governor Perry, on the receipt of said
letter, proceeded to contract for as much clothing as could be
made, but did not succeed in providing more than has been found
sufficient to clothe the 2nd Regiment of Infantry, and your memorialists
show that there is no supply of clothing now to be had
for the soldiers of the State in the field, all of whom are poorly
clad and not prepared to stand the inclemency of the coming
winter.
Your memorialists further represent that the Congress of the
Confederate States, by the Passage of the law aforesaid, designed
to vest each State with the power to clothe its own soldiers,
binding the Confederate States to pay for the same without regard
to what each State might be compelled to pay, as no uniform
price could be expected to exist in all--it not being designed
by Congress to limit the purchase of clothing to the sum
(twenty-five dollars for six months,) allowed by the acts of Congress
passed at former sessions, because, by reason of the enormous
increase of prices, the sum so allowed had become utterly
inadequate to clothe the soldier; and your memorialists further
show that the Honorable L. P. Walker, in his letter to Gov.
Perry, did not construe the law differently from what it is herein
stated to be by your memorialists, but pressed upon the Governors
of the States the necessity of speedy action to save the soldiers
from suffering.
Your memorialists further represent, that their Colonel, at the
time when he received his letter of authority to raise a Regiment
of Cavalry from the Secretary of War, on the----
day of ----, being informed by the Quartermaster-General
that clothing for the undersigned, when mustered into service,
could not be furnished by him under two to three months,
after a requisition was made therefor, which could not be done
until the companies were organized, and that because of the
great demand and small supply of woollens, it was in his opinion
doubtful if such clothing could be furnished at all, the said officer,
W. G. M. Davis, with a view to prevent the suffering of the
soldiers sought to be obtained by him to defend the country,
acting without authority and on his own personal responsibility,
contracted for a coat, pants and overcoat for one thousand men,
at prices now so far below the market value of such clothing,
that the same can, as your memorialists are informed, be to-day
sold at an advance probably of ten thousand dollars; and your
memorialists are informed that said clothing will be ready for
delivery by the first day of December next. And your memorialists
further show unto your honorable bodies, that their said
commanding officer, W. G. M. DAVIS, has contracted at low prices
for material for an additional pair of pants and two shirts for
each of them; and has, by his exertions and influence, procured
to be reserved for our use by the Quartermaster General at
Richmond, hats, boots, flannel shirts, drawers and blankets, so
that if the clothing so contracted for by the said officer can
be furnished to your memorialists, they will be as well provided as
is the second Florida Regiment--which said regiment, through
the means of the contributions made by counties in the State out
of county funds--by individual contributions amounting in the
aggregate to large sums--by the generous and patriotic exertions
of the several societies of our noble countrywomen, and by the
action of the State in the purchase of cloth and materials for
clothing, and by the use of the twenty-five dollars per man,
(which said regiment has received and expended for clothing,)
it has been able to maintain a decent appearance through the
Summer and Fall, and will be provided for the coming winter--
but will not, with all the aid aforesaid, be better situated with
respect to clothing than they should be.
And your memorialists further show unto your honorable bodies,
that unless the money is provided to pay for the clothing so
contracted for by the said commander, the said clothing will not
be received by your memorialists, the contract made therefor
will be forfeited and the clothes sold to other persons, they being,
as before stated, worth a much larger sum than that at which
they were contracted for--that if by such misfortune your memorialists
do not obtain such clothes, they will not be supplied for
months to come, and if at all, at a heavy cost--and may undergo
much suffering, many of them perhaps perishing by disease.
Your memorialists further show unto your honorable bodies
that they are informed and believe that the other States of the
Confederacy have made ample provisions for the clothing of their
soldiers--that they have received or will receive the sums so expended
out of the Confederate Treasury, thereby making the expense
a charge upon all the States, Florida among them.
Your memorialists further show unto your Honorable Bodies,
that they are informed that their said Commander has, by letter,
requested the Governor to purchase and pay for the clothing
so contracted for by the said officer for the use of your memorialists,
setting forth fully the advantage of such contract, the
necessity for such purchase, and referring to the Act of Congress
giving power to the State to clothe its troops, and requiring the
Secretary of War to pay to the State the money value of said
clothing, and your memorialists learn with great regret that notwithstanding
the great necessity for such action, considering
their great need of clothing--the fortunate chance which occurs
to procure the same ready-made, at prices below the market
value, and without the expense falling upon the State--his Excellency
the Governor declines to act under the authority of the
law of Congress, and refuses to purchase the said clothing for
the use of your memorialists, as has been heretofore done by the
former Governor for the gallant fellow-soldiers of your memorialists
of the Second Regiment of Florida Infantry; wherefore
your memorialists are compelled to apply to your Honorable
Bodies for relief, and to ask that a law may be enacted as speedily
as to your Honorable Bodies may seem meet, wherein provision
may be made whereby your memorialists may be saved from
being exposed in camps during the coming winter to the sufferings
they will encounter if they are left as they now are, without
other clothing than that which they possessed at the time of
their enlistment, which, by reason of the small means of the
greater portion of your memorialists, the high price for goods of
all kinds, and the scarcity of money, is of a kind which, however
suitable to the heat of summer, will afford but a poor protection
against the damps and cold of winter.
And your memorialists, as in duty bound, will ever pray, &c.
WM. M. FOOTMAN, Captain.
R. B. MAXWELL, 1st Lieutenant,
JOSEPH J. CHAIRES, 2nd Lieutenant,
JOB SAPPINGTON, JR., 2nd Lieutenant,
J. B. McLEOD, 1st Sergeant,
JAS. H. LAMB, 2nd "
JOHN PARKER, 3rd "
D. W. SCOTT, 4th "
J. D. McLEOD, 5th, "
J. SHORROD, 1st Corporal.
S. D. BELL, 2nd "
W. S. BUGG, 3rd "
J. T. BENTON, 4th "
J. HURST, 5th "
J. W. Faulkner,
J. A. Powell,
W. A. J. Howard,
J. H. Ellison,
Elisha Davis,
J. C. Stephens,
Henry A. Hawk,
W. M. Hurst,
J. E. Hoachly,
J. M. Racker,
Mikell Burns,
H. Mattair,
F. Miller,
F. McDowell,
M. Harrell,
G. W. Johnson,
J. B. Hoachly,
W. McDowell,
G. Godwin,
H. Woods,
U. Johnson,
W. Lynn,
E. Andrews,
J. Lynn,
F. F. Davis,
----Sallis,
J. Hines,
S. H. Hurst,
A. B. Davis,
E. Davis,
----Ellinor,
----Footman,
W. Telly,
G. Telly,
S. Turman,
W. J. Spencer,
E. Nix,
John G. Mathews,
J. P. Harrison,
A. H. Meeks,
B. B. Burns,
David Whuphorns,
J. Harrell,
T. Ashly,
D. Rivers,
R. W. Slaughter,
Wm. Jackson,
Joe Silva,
A. W. Youngblood,
W. Collins,
Asa B. Smith,
H. T. Ball,
Henry Walker,
W. Kersey, jr.
Which was read, and on motion, was referred to the Committee
on the Militia, with instructions to report by bill or otherwise.
A bill to be entitled an act to regulate the sessions of the
Supreme Court of Florida,
Was read a second time, and on motion, referred to the
Committee on the Judiciary.
A bill to be entitled an act to regulate the admission of applicants
to practice law in the Courts of Florida and for other
purposes,
Was read the first time and on motion referred to the Committee
on the Judiciary.
On motion the rules being waived, a committee of three consisting
of Messrs. Russell, Pooser and Holloman, were appointed
to wait upon the Senate and inform them that a select committee
had been appointed by the House to unite with a similar committee
to be appointed by the Senate to take into consideration
all bills relative to a Stay of Execution.
A bill to be entitled an act to incorporate an insurance company
in the city of Tallahassee, to be called the Gulf State Insurance
Company,
Was read the first time, rule waived, read a second time by
its title and referred to the Committee on Corporations.
A bill to be entitled an act to establish and permanently locate
the County Site of Manatee county,
Was read the first time, rule waived, read a second time by its
title and ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to change the name of New River
county in this State, to that of Bradford in honor of the memory
of the late Capt. Richard Bradford, and for other purposes,
Was read the first time, rule waived, read a second time by its
title and ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to amend an act to locate the county
site of Volusia county,
Was read the first time, and ordered for a second reading on
to-morrow.
A bill to be entitled an act to punish crimes and misdemeanors
not heretofore provided for by the laws of this State,
Was read the first time, and ordered for a second reading on
to-morrow.
A bill to be entitled an act to repeal the third section of an act
amendatory of the act of 1845, concerning Roads and Highways,
Was read the first time and ordered for a second reading on to-morrow.
A bill to be entitled an act giving the State the right of peremptory
challenge in Criminal cases, approved February 14,
1861,
Was read the first time, and ordered for a second reading on
to-morrow.
A bill to be entitled an act to amend the tax laws of this
State,
Was read the second time, and on motion, indefinitely postponed.
On motion, the rules being waived, Mr. Canova was added to
the Select Committee appointed on yesterday to take into consideration
the communication of E. Houstoun, President of the
Tallahassee and Pensacola & Georgia Railroad Companies.
On motion, the rule being waived, Mr. Holland introduced a
bill to be entitled an act to repeal the auctions laws of this
State;
Which was placed among the orders of the day.
On motion of Mr. Holland, a Committee of three, consisting
of Messrs. Holland, Haddock and Scott, were appointed to wait
upon the Senate, and enquire of them what disposition had been
made in that body of the House resolution adopted on yesterday,
to go into the election of Confederate Senators to-day, at
12 M.
A Committee from the Senate, consisting of Messrs. Rogers,
Brokaw and Simpkins, waited upon the House, and returned the
House resolution adopted on yesterday, relative to the election
of Confederate Senators, and informed the House that the Senate
refused to concur therein.
On motion, the House took a recess until 3 o'clock, P. M.
3 O'CLOCK, P. M.
The House resumed its session--a quorum present.
The following communication was received from the Comptroller
of this State and read:
COMPTROLLER'S OFFICE,
TALLAHASSEE, Nov. 26, 1801.
Hon. S. B. LOVE, Speaker of the House of Representatives:
SIR: In obedience to a resolution of the House, inquiring as
to the reason that Sumpter county did not appear in my report
to the Governor:
She has made no return for the year 1861; her returns for the
year 1860, appear in the report made to the last Legislature.
A bill to be entitled an act to authorize the payment of certain
claims accruing against the State of Florida between the
times of the secession of said State and the formation of the
Government of the Confederate States, and for other purposes,
Was read the second time.
Mr. Means offered the following amendments:
First amendment--after the word "filled" in the fifth line of
the third section, insert, the words "and were ordered to and
actually in camp."
Second amendment--after the word "upon" in the ninth line
in the same section, insert the words "the muster roll and."
Third amendment--add the following proviso at the end of
the 5th and last section, "Provided, nevertheless, That no volunteer
or volunteer company shall be paid for any time they were
not actually in service in camps."
The first and second amendments being taken up were
adopted.
To the third amendment, Mr. Holland offered the following
amendment--after the word "camps," add "while on military
duty;"
Which was adopted.
The question then recurring upon adoption of the amendment,
as amended, the same was adopted.
The bill was then as amended ordered to be engrossed for a
third reading on to-morrow.
The following message was received from the Senate, viz:
SENATE CHAMBER,
Nov. 24th, 1861.
To Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The Senate has this day passed joint resolution to have
published an act therein named.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Which was read, and said resolution taken up and adopted.
Ordered that the same be certified to the Senate.
Also the following:
SENATE CHAMBER,
Nov. 26, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The Senate has this day passed the following bill, viz:
Senate bill to be entitled an act authorizing the County Commissioners
of the several counties of this State to lay a specific
tax for the relief of soldiers' families.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Which was read, and the accompanying bill placed among
the orders of the day.
A Committee from the Senate, consisting of Messrs. McCall,
Davidson and Broome, waited upon the House, and informed
them that the Senate had appointed a Committee of three, to
confer with a similar Committee to be appointed on the part of
the House, relative to the election of Confederate Senators.
On motion, Messrs. Russell, Means and Peterson, were appointed
said Committee on the part of the House.
On motion, the same Committee were appointed to notify the
Senate of the action of the House thereupon.
Senate bill to be entitled an act authorizing the County Commissioners
of the several counties of this State to levy a specific
tax for the relief of soldiers' families,
Was read the first time, rule waived, read a second time by
its title, and referred to the Committee on Taxation and Revenue.
Mr. Bloxham 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 incorporate an Insurance Company in the
city of Tallahassee, to be called the Gulf State Insurance Company,
having had the same under consideration, and being satisfied
that the constitutional requirements of having public notice given
in one of the newspapers of the State for at least three months
immediately preceding the session at which the same may be
applied for, and of having deposited with the Treasurer the sum
of one hundred dollars as a bonus to the State, have been complied
with, and seeing no objectionable feature therein, direct me
to report the bill back and recommend its passage.
Respectfully submitted,
W. D. BLOXHAM, Chairman.
Which was read and the accompanying bill placed among the
orders of the day.
A bill to be entitled an act to incorporate an Insurance Company
in the city of Tallahassee, to be called the Gulf State Insurance
Company,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
On motion, the House adjourned until to-morrow morning, 10 o'clock.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
On motion of Mr. VanZant, the reading of yesterday's journal
was dispensed with.
Mr. Russell moved the reconsideration of a motion made on
yesterday to refer a bill to be entitled an act providing for the
stay of executions to a select committee of the House and Senate,
and to have the bill returned to the House;
Which was lost.
Mr. Russell moved that he be relieved from further duty as a
member of the Committee above referred to;
Which was lost.
On motion of Mr. Holloman, the memorial from the County
Commissioners of Gadsden county, as read in this House on yesterday,
was referred to the Committee on Taxation and Revenue.
On motion of Mr. Russell, the Committee on Ways and Means
were requested to return to the House a bill to be entitled an
act to provide for the payment of the War Tax assessed by the
Confederate States referred to them;
Which bill was returned and placed among the orders of the
day.
The following bill was introduced in pursuance of previous
notice, viz:
By Mr. Hawes:
A bill to be entitled an act to secure to claimants the value
of improvements made on lands held under adverse possession in
good faith;
Which was placed among the orders of the day.
The rule being waived, Mr. Blount introduced a bill to be
entitled an act to provide for the payment of the war tax to be
assessed upon and collected from the citizens of this State;
Which was placed among the orders of the day.
Mr. Bloxham presented the following petition from Dr. John
P. Duval, late U. S. Surgeon and Physician of the Marine Hospital
at St. Marks, Florida:
To the Honorable the Senate and House of Representatives
of the State of Florida in General Assembly convened:
The petition of Dr. John P. Duval, late United States Surgeon
and Physician of the Marine Hospital at St. Marks, Florida,
respectfully sheweth unto your Honorable Bodies, that under
the seventh ordinance of the late Convention of this State,
adopted Jan'y 17th, 1861, which provides "that until otherwise
provided by this Convention, all offices not judicial which existed
in this State under the constitution and laws of the United
States on the 10th day of January of the present year, are
hereby created offices by, in, and under the authority of the
State of Florida; and all persons who held such offices at the
time aforesaid are hereby constituted and appointed officers of
said State, and continued in the offices by them respectively
held as aforesaid, until they resign to the Governor or be removed
by him; and such persons shall receive the same pay and
emoluments as such officers as they were entitled to receive under
the laws of the United States: Provided, That all persons
so authorized to hold offices under the State of Florida, shall
take an oath of allegiance to this State to be prescribed by law."
Your petitioner not holding a judicial office, was thereby created,
constituted and made an officer of this State, entitled to receive
the same pay and emoluments as he received under the
laws of the United States. That your petitioner held and continued
to discharge all the duties of Surgeon and Physician of
the Marine Hospital at St. Marks until 27th April, 1861, when
by ordinance of the late Convention of that date, numbered 27,
he was deprived of said office by the surrender of all the forts,
arsenals, dockyards, hospitals, &c., in the State of Florida by
said Convention to the authority of the Confederate States,
making the time of service of your petitioner as such surgeon
and physician under said 7th ordinance, three months and fifteen
days. That the salary of your petitioner received from the United
States was one thousand dollars per annum and board, which
would make due your petitioner on account of three months and
fifteen days' salary, $291.00, and on account of board at $30 per
month $105.50, making a total of $396.50; that in this estimate
your petitioner has not included many small items in the way of
emolument; that your petitioner has never received either from
this State or the Confederate States the above sum due him or
any portion of the same, and to the end that your petitioner
may have such relief in the premises as unto your Honorable
Body may seem meet and proper, and consistent with justice and
right, he prays your Honorable body to take action thereupon,
&c., and as in duty bound he will ever pray.
JOHN P. DUVAL.
Which was read, and on motion, referred to the Committee
on Propositions and Grievances.
Mr. Bloxham presented the following petition of Richard
Saunders, sheriff of Leon county:
To the Honorable the Senate and
House of Representatives of the State of Florida:
The petition of Richard Saunders respectfully represents that
one Wm. McLeod was, in the year 1861, indicted for perjury in
the District Court of the United States for the Northern District
of Florida; that the United States used the jails of the State for
the confinement of prisoners, and that said McLeod was committed
to the jail of Leon County where he was kept for the time
specified in the annexed account, and supplied by your petitioner
at the rates prescribed by the laws of the State. Your petitioner
is the Sheriff of the County of Leon, and as such was bound to
take charge of such prisoners committed to his keeping under
the rules and regulations then existing. Your petitioner further
shows that in consequence of the secession of the State of Florida
from the late Union, he has been unable to collect the amount
due him from the United States, and unless the State, (which allowed
the United States the use of its jails,) will make provision
for the payment of said account, it will be wholly lost. Your
petitioner therefore prays that the General Assembly will make
such provision for the payment of his claim as the circumstances
of the ease require, and as may seem meet and proper in law and
equity.
And your petitioner in the full confidence that right and justice
will be done, submits the matter to the consideration of your
honorable body.
R. SAUNDERS,
Sheriff of Leon County.
UNITED STATES OF AMERICA,
To R. Saunders, DR.
May 10, 1861.
Jail fees for William McLeod, committing to jail, . . . . . 25
56 day's board, 40 cents per day, . . . . . 22 40
For washing, . . . . . 60
For postage stamps and paper, . . . . . 50
Total, . . . . . 23 75
Which was read, and on motion, referred to the Committee
on Propositions and Grievances.
Mr. Williams, from the Committe on Militia, made the following
report:
The Committee on the Militia, to whom was referred the memorial
of Capt. Wm. Footman, and the officers and soldiers of
his company, composing a part of the first battalion of Florida
Cavalry, now in service of the Confederate States, report:
That your committee, duly impressed with the necessity of securing
comfortable clothing for our soldiers in the field, and
aware of the importance of securing the clothing which has been
contracted for by Col. W. G. M. Davis--which contract, together
with samples of the cloth for the clothing, have been
submitted to your committee, and after an examination of the
same and on consultation with gentlemen well acquainted with
the price of clothing, they are convinced that the contract is a
highly valuable one, and should not be lost to the soldiers. Your
committee are also of the opinion that the allowance of money
made by Congress for clothing is utterly inadequate, and that
the act of Congress authorizing the States to clothe their own
soldiers was designed to provide additional means for that purpose.
Your committee report a joint resolution herewith directing
the Treasurer to draw a draft on the Secretary of the
Treasury of the Confederate States for the amount of the price
to be paid for said clothing, according to said contract, which
sum is by your committee recommended to be placed by the
Treasurer in the hands of the Quartermaster General of the
State, who, your committee, by the said resolution, propose
shall be authorized and required to proceed with all possible dispatch
to receive and pay for the said clothing, from the contractors
who have made the same, and that the said clothing
when received and paid for shall be, by the Quartermaster General,
issued to the soldiers of the said battalion on a requisition
in due form being made therefor, and also to such other companies
of cavalry as may be mustered along with those now composing
said battalion. Your committee have had communication
with Col. W. G. M. Davis, by and with whom said contract
was made, who has agreed to assign the same to the Quartermaster
General of the State, so as to enable him to receive
said clothing. Your committee by the said resolution do provide
that the draft of the Secretary of the Treasury of the Confederate
States shall be drawn against the sum of three hundred
thousand dollars provided by Congress to be advanced to the
State, and that the Governor will of course, as soon as the
State has paid the money for said clothing and has distributed
the same to the said volunteers, proceed to present to the Secretary
of War an account of the sums paid therefor, and demand
and receive of said Secretary the amount of money so expended
as is by Congress provided, and also the value in money of the
clothing furnished by the State to any other Florida volunteers in
the Confederate States service.
And your committee further report, that in their opinion
immediate steps should be taken to provide clothing for all the
volunteer soldiers now in the service of the State or of the Confederate
States, and that the cost of such clothing should in like
manner be paid by the Confederate States--such being, as your
committee is informed, the course pursued in other States.
JOS. JOHN WILLIAMS, Chairman.
Which was read, and ordered, with the accompanying resolution
to be placed among and to come up with the orders of the
day.
Mr. Blount, on the part of the House, from the Joint Committee
of the Judiciary of the House and Senate, made the following
report:
The Joint Committee on the Judiciary to whom was referred
"a bill to be entitled an act to repeal the law of Distress for
Rent in this State," have had the same under consideration and
recommend that the second section of the bill be amended by
striking out the word "unliquidated," and with this amendment
respectfully recommend that said bill do pass.
R. M. DAVIDSON,
Ch'n Senate Com.
A. C. BLOUNT,
Ch'n House Com.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Joint Committee on the Judiciary to whom was referred
"a bill to be entitled an act to regulate the admission of applicants
to practice law in the Courts of Florida and for other purposes,"
have had the same under consideration, and ask leave to
report the same back to the House and recommend its passage.
R. M. DAVIDSON,
Ch'n Senate Com.
A. C. BLOUNT,
Ch'n House Com,
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Joint Committee on the Judiciary to whom was referred
a bill entitled "an act to amend an act to establish the records
of the county of Columbia and for other purposes," have had
the same under consideration and report it back to the House
with the accompanying amendment, and recommend its passage.
A. C. BLOUNT,
Ch'n House Com.
R. M. T. DAVIDSON,
Ch'n Senate Com.
Which was read and the accompanying bill placed among the
orders of the day.
A bill to be entitled an act to amend an act permanently to
locate the county site of Volusia county,
Was read the second time, and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to punish crimes and misdemeanors
not heretofore provided for by the laws of this State,
Was read the second time, and on motion, indefinitely postponed.
A bill to be entitled an act to repeal the third section of an
act amendatory of the act of 1845, concerning roads and highways,
Was read the second time, and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to amend an act giving the State
the right of Peremptory Challenges in criminal cases, approved
February 14, 1861,
Was read a second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to repeal the Auction Laws of this
State,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to secure to claimants the value of
improvements made on lands held under adverse possession in
good faith,
Was read the first time and ordered for second reading on to-morrow.
A bill to be entitled an act to provide for the payment of the
War Tax assessed by the Confederate States,
Was read the second time, and on motion the House went into
Committee of the Whole for its consideration, Mr. Vogt in
the chair.
After some time spent therein, the Committee rose and reported
back to the House as a substitute therefor, a bill of the same
title introduced by Mr. Blount this morning without previous
notice, and recommended the adoption of the substitute by the
House.
On the question of the adoption of the substitute, the same
was adopted and placed among the orders of the day.
The following special message and accompanying communication
of the Register of Public Lands was received from his
Excellency the Governor and read:
To his Excellency JOHN MILTON,
Governor of Florida:
Sir:--The Register is directed by law to report to the General
Assembly such suggestion as he believes will promote the
interests of the State in reference to the several funds, and the
condition and disposition of the lands under his charge. Believing
that some further legislation would promote the public interest
in reference to some of the lands under my charge, I beg
leave to present my suggestions relative thereto, and request
that you will submit them for the consideration of the General
Assembly.
I desire particularly to call the attention of the Legislature to
the "Ordinance relative to the Public Lands of this State," adopted
by the People's Convention April 26, 1861.
The 5th section of the ordinance provides for the appointment
of Receivers or Salesmen of Public Lands in the several Judicial
Circuits, who are authorized to receive applications from persons
desiring to purchase and receipt for the purchase money, &c.
This was evidently intended for the convenience of citizens residing
at a distance from the Capitol, saving them the expense and
loss of time in travel and the risk of loss in transmitting money
by mail, as well as for the benefit of the fund in the consequent
increase of entries. This object cannot be carried out unless the
Receivers are placed in possession of the information necessary
to enable applicants to designate the particular tracts they wish
to purchase, and to enable the Receiver himself to know the condition
of the lands applied for.
Without plats of the lands in his Circuit, the Receiver cannot
know anything relative to any particular tract of land without
corresponding with this office, which labor, not being among his
official duties, and being necessarily gratuitous, he would, probably
devolve upon the applicant himself. The necessary consequence
will be virtually to nullify the 5th section. I therefore
suggest that provision be made for furnishing the Receivers with
townships plats of the lands in their several Circuits.
The ordinance substitutes the Register of State Lands in the
place of the Receivers and Resisters of the U. S. Land Offices,
and continues in force all the laws, rules and regulations of the
United States lately in force concerning the sales and surveys
of the public lands, so far as they are consistent with the ordinance
of the convention. This continues in force the pre-emption
and graduation laws. The location of Bounty Land Warrants
under certain restrictions is also provided for. The ordinance,
however, does not authorize the Receivers of the Circuits to act
in these cases, except perhaps under the graduation act. They
cannot take proofs of pre-emption nor administer oaths. In the
case of pre-emptors especially, in remote living parts of the State,
this will unless remedied occasion great inconvenience.
I would submit to the General Assembly the question of the
propriety of confirming all previous entries under the graduation
act which have not been already cancelled.
Under the ordinance, the decisions of the Register would
seem to be final, except where his action can be restrained by
the Courts. Whether the forms of proceedings to prohibit, enjoin
or command the Register should be simplified to enable
justice to be speedily and economically administered, I leave to
the consideration of the General Assembly.
No provision was made by the convention for the adjustment
of Private Land Claims. Several cases have been brought to my
knowledge, and it is known that many more are held by citizens
of the State and others. One case was examined by the Register
and Receiver at St. Augustine, and the records of the examination
are on file in my office. It would be to the interest of
the several Land Funds, as well as individual purchasers, that
some act should be passed limiting the time for the presentation
of these claims.
In reference to lands bought in by the State for taxes, I would
state that there is no law providing for their sale at any time
afterwards. My attention has been called to this by several applicants
to purchase lands so bought in, and which have remained
unredeemed for years. It might be well to designate a
certain time after which the right of redemption should be
barred, and provide a mode for their disposal afterwards.
Very respectfully,
HUGH A. CORLEY,
Register of Public Lands.
On motion the accompanying communication of the Register
of Public Lands was referred to the Committee on Internal Improvements.
The following special message from his Excellency the Governor
was received and read:
EXECUTIVE DEPARTMENT,
Tallahassee, November 27, 1861.
Fellow Citizens of the Senate and
House of Representatives:
The military organizations of this State are very imperfect;
and those imperfections are attributable to the laws of the State,
which are inconsistent in their requirements and provisions with
any known system based upon the science of war.
It is difficult to devise a military code suitable to the population
and condition of the State. Our population is small and
scattered over a large area of territory: the resources of our
State are limited, and our coast extensive. Official reports prove
that the militia system and the volunteer system as contradistinguished
from it, cannot both exist with benefit to the State.
The militia system must be maintained to support the obligations
imposed by the Constitution of the Confederate States, to
which Florida was a party, and which has been adopted by her
people in a State Convention, and the Constitution of the State
requires it.
The official returns from the recent elections for military officers,
together with official reports, exhibit the humiliating fact
that we have not a complete militia regiment, or scarcely a complete
militia company in the State. The reason is, that the manner
in which volunteer companies have been raised, and volunteer
regiments have been formed, has subverted all militia organizations,
and they are now impracticable. Scarcely a militia beat
affords the number of men necessary to the formation of a company.
Nevertheless, official returns establish the fact that there
is not a complete volunteer regiment, and but few, if any volunteer
companies in the State having the number of men necessary
to accord with the military organizations prescribed for the service
of the Confederate States. The result of the attempt to
form volunteeer companies and regiments from the militia, and
yet maintain militia organizations, is that the number of fighting
men has not been increased, but that the number of officers has
been doubled, and consequently the expenses made twice as great
as they were. The field officers have not the number of companies
necessary to sustain their rank, and commissioned and non-
commissioned officers principally compose companies. Hence is
seen occasionally a considerable display of swords and buttons,
and but few muskets and bayonets.
The volunteer companies and regiments destroyed the militia,
and in their turn they have been broken up by the formation of
volunteer campanies and regiments for the service of the Confederate
States.
There would be less cause of complaint if the voluntary organizations
for Confederate service had been made by State authority
to comply with the requisitions of the Confederate Government
upon Florida for her quota of troops to sustain the rights
of the Confederacy. But such has not been the fact. The disorganization
and demoralization have been produced by individuals
claiming to act by authority derived from the late Secretary
of War of the Confederate States of America. As the Governor
of the State, I have protested respectfully against the exercise of
such power by the Secretary of War, and am resolved to maintain,
at every hazard, the dignity and rights of the State. The
exercise of such power by the Secretary of War is not, in my
judgment, authorized by the Constitution of the Confederate
States--is inconsistent with the rights of the Free, Sovereign and
Independent States which compose the Confederacy--leads to
the consolidation of power in the Confederate Government, and
should be promptly and uncompromisingly resisted.
When war between the United States and Confederate States
became inevitable, there was but one exclamation throughout
the State of Florida: "We should prepare to meet the enemy,
and upon the battle field vindicate our rights, or perish in the
effort." Many of our bravest and best citizens preferred the
cavalry service, believing it to be the most efficient. For the
service of the State, two cavalry regiments were formed, exclusive
of independent companies--more than sufficient, if the Executive
is correctly informed, to have formed a third regiment.
Four companies only are now in service. Why are there not
more? There has been no demand for them, and if there had
been, the State has not been able to equip them, nor, if equipped,
to sustain them in the field. The Confederate Government has
not been able to furnish epuiments for Cavalry to the State.--
The four companies under the command of Captain Owens at
Fernandina, Captain R. L. Smith and Captain Thigpen at Apalachicola,
and Captain Amos at or near Pensacola, have done
honor to the State and to themselves by their industry in drill,
prompt and soldierlike discharge of duty; and yet the State has
not equipped nor had the means to equip them.
Since the 30th of June, a requisition has been made upon the
State for one thousand men to volunteer for the war, to compose
a part of the reserve army corps. The honor of the State demands,
and since the 30th June has demanded, a response to this requisition.
Shall it be said of Florida, on the page of future history,
that she gallantly became the third State to assume her independence
and defy tyranny, and yet that Florida failed to respond
to a call made for her quota of troops by the Confederate Government
to sustain the independence of the Confederate States
of America? God forbid! The intelligence, courage and patriotism
of her sons forbid! The patriotism, industry and endurance
of her fair daughters who, by day and night, have toiled
to clothe and encourage Florida's gallant sons in deeds of noble
daring for liberty, for self government, forbid that Florida should
be disgraced in future history because her sons would not volunteer
for the war, because they refused to respond to the call
of the Confederate Government for Florida's quota of troops,
while more than the requisite number stood idle by their horses,
calling themselves cavalry, when unable to equip themselves, and
when informed that neither the State Government nor the Government
of the Confederate States could equip and prepare them
for battle. Let the fair women of the land, and their patriotic
sires who remember the noble deeds and almost but never insurmountable
sufferings of the gallant and venerable soldiers of
the America Revolution of 1776, look at least with generous
sympathy upon the stout and able-bodied young men who remain
unemployed "bridle in hand," and anxious to be relieved
from the enactments of the law, which requires them to maintain
their cavalry organization, to enable them to shoulder their
muskets as their fathers did and go to the battle field--not for a
day--but for a glorious victory or a glorious eternity. Fellow
citizens of the Senate and House of Representatives! the remedy
is in your wisdom and moral courage. Let the General Assembly
do their duty--the Executive will do his--to rescue the honor
of Florida from disgrace, and to contribute to the independence
and future glory of the Confederate States of America.
But in addition to the large number of cavalry which has been
organized by State authority, our distinguished fellow-citizen, Col.
William G. M. Davis, has, if I am correctly informed, recently
raised a Regiment of Cavalry in Florida, consisting of ten companies,
under a permit or order from the late Secretary of War,
for which no requisition has been made upon the Executive. Are
they equipped? If not, who will equip them? If equipped, where
shall their deeds of noble daring be performed? The officers and
soldiers are doubtless brave and honorable men, but not more
brave and honorable than the gallant men who, by State authority
have been composed into Companies and Regiments for Cavalry
service.
The State has not, as before stated, the means to equip the
the State troops, nor is it possible to obtain the equipments. If the
means or equipment could be obtained, it would be the duty of
the Executive to devote them to the benefit of the troops in the
service of the State and to the defence of the sea-coast by troops
which could be rendered efficient in that work of first importance
to the country. Yet, while these opinions of the Executive
were well known, I was surprised to receive, a few days
since, from Col. W. G. M. Davis, a call for aid to furnish his
regiment of cavalry with clothing, blankets, shoes, &c., the
regiment having, as I learned, but just been raised, and having
never rendered any service whatever. Satisfied that this corps
had not only been ordered to be raised in direct derogation of
State rights, (of which we should ever be jealous,) but that they
were consuming the substance of the State without being able to
render adequate benefit to the country, I felt it my duty to refuse
to advance such funds, except so much as would be sufficient
to transport four companies of said regiment which I had
been informed had been mustered into the Confederate service,
and which, as Governor and Commander-in-Chief of the State,
I had ordered to report to me to be employed, so far as they
could be employed, in the defence of the Capital, having received
information from the Coast Guard which satisfied me that a
larger force might be required for that purpose. These, or any
parts of these companies, so long as they may be required for the
defence of any part of the State, will be provided for; but while
there are just claims held against the State by its citizens and
soldiers, who have furnished means and rendered service, I have
deemed that the best interests of the State would not be subserved
by exhausting the treasury and its resources for the benefit
of a corps, no matter how gallant, for which there is little or
no use, and which cannot be used with advantage in its defence,
and for which there has been no requisition made upon the State
by the Secretary of War.
An anxious solicitude for the welfare of the State of Florida
suggests the inquiry: What will be the probable result of
bringing so much cavalry into service in this State? One result
is that the State may be prevented from responding to the
requisition referred to for a thousand men to compose a part of
the reserved army corps, to go into a Camp of Instruction and
serve for the war.
Another result: The men to compose a much more efficient
arm of service--infantry--have been placed in a situation where
they cannot, in the judgment of the Executive, render efficient
service, however anxious and ready they may be, as brave and
honorable men, to engage the enemy.
Another result--The horses will consume thousands of bushels
of corn weekly, and they consume the means necessary to supply
bread to the parents, wives, widows and children and orphans of
the gallant men who have shouldered their muskets and marched
to the battle field under the solemn pledge of the State that their
families should be provided for.
Another result--The horses have been taken from the farms--
their places cannot be supplied, and the agricultural interest, the
main sinew of war and independence, will be seriously, impaired.
Another result--Immense expense will be incurred necessarily
by the Confederate Government and the State Government, and
the people will be ground into dust by taxation or forced to rebel
against public authority.
Apprehending these results, I presume, citizens well known for
their patriotism, courage and intelligence, have, from different
parts of the State, and especially East Florida, addressed letters
to me as the Executive of the State to interpose the appropriate
influence of the Executive to prevent the anticipated evils.
Moreover, I am informed that wherever these cavalry companies
have been mustered into camps, the price of corn has
risen from fifty cents per bushel to one dollar and fifty cents,
and in some instances to two dollars per bushel; and at least one
gentleman of sense has expressed to me the grateful feelings of
the community, from which a company has been ordered to report
for duty on our coast, because of the increased price of the
necessaries of life produced by their presence. What an effect!
Citizens whose presence and industry as neighbors inspired a
community with pleasure, in an unnecessary military organization
for defence, in the habiliments of war, have become a source
of dread to these very neighbors, and an order to take up the
line of march from the neighborhood hailed with joy! But it
has been said that to have a large body of cavalry in the State
will cause corn, peas and other articles to command high prices,
and thus enable farmers to pay their taxes and realize heavy
profits. I presume no man, upon reflection, who is honest and
patriotic, who is true to the noble cause which has united the
States of the Southern Confederacy, would desire to involve the
Government in unnecessary expense, for private speculation or
private profit.
For the defence of Florida, cavalry is the least efficient arm of
service, and the most expensive. They cannot plunge into the
deep to encounter the insulting foe who has cut off our commerce,
and with banners unfurled upon our coast and in sight, proudly
bids defiance. To make cavalry serviceable, months if not years
are required to train the horses. They need as much if not
more training than their riders; consequently we cannot reasonably
suppose there will be use for cavalry unless we shall presume
that the enemy will attempt an invasion by land in the
comming summer or thereafter.
On the most important points on our coast, we should have
batteries of guns of heavy calibre; to guard between important
points, boats of light draught, with signals at proper distances.
Convenient to these, guarding distant and exposed positions, a
few good horses to be used by expressman to give notice of any
imposing approach of the enemy.
Our chief reliance, in connection with the Coast Guards, should
be Infantry and Light Artillery, ready at a moment's warning to
be concentrated to meet the enemy. In the judgment of the
Executive, not more than ten companies of Cavalry are needed
to aid in the defence of the State, and the preference should be
given to Cavalry companies raised by the authority of the State,
which have uniformed themselves and have been engaged in drilling,
many of them, upwards of a year, and at every call have
promptly and bravely responded "Ready!"
The ten companies should be well equipped and generously
sustained, and, as there will be seldom any use for more than
two companies at or near the same place, there will be no necessity
for field officers, and the expense necessary to their employment
should be avoided.
Fellow-citizens of the Senate and House of Representatives,
I have expressed my views to you frankly and without reserve.
Accompanying documents will exhibit the correspondence I have
had with the noble statesman and gifted soldier, the President of
the Confederate States of America, and the officers in the various
departments; also a correspondence with the Governors of Georgia
and Alabama on the subject of our defences.
The reports of the Adjutant and Inspector General, and the
Quartermaster General are also submitted to your consideration;
and permit me, Senators and Representatives, respectfully to repeat,
"that I am ready and desirous to co-operate with you in
every effort which your wisdom may suggest, to sustain the noble
cause in which the People of the Confederate States of America
are engaged, to render the name of Florida glorious in the
contest now being waged between Freedom and Tyranny. 'In
God is our trust'; and humbly invoking the Divine blessing upon
your deliberations and upon the brave and generous people
you represent,"
I am, most respectfully,
Your Fellow Citizen,
JOHN MILTON.
Mr. Means moved that said message be referred to a select
committee of five;
Which was agreed to and Messrs. Means, Coffee, Williams,
Pooser and Holland, appointed said Committee.
Mr. Means moved that 80 copies of the Governor's special message
be printed for the use of the House;
The following message from the Senate was received and
read:
SENATE CHAMBER,
November 27, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR.: The Senate has this day passed the following bill and
resolution, viz:
House bill to be entitled an act to authorize Filo E. De la Rua
to hold the office of Keeper of Spanish Archives in the city of
Pensacola, and
House resolution concerning Secretary of State.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
On motion the accompanying bill and resolution were directed
to be returned by the Clerk of the House to the Senate to be
properly endorsed by the Secretary of the Senate as to their passage,
such endorsement having been omitted.
Joint resolution providing for the purchase of winter clothing
for soldiers in the field,
Was read the first time, rule waived, read the second and third
times by its title and put upon its passage, upon which the vote
was:
On motion, a Committee of three were appointed, consisting
of Messrs. Holland, Blount and Russell, to convey the same to
the Senate, and request their concurrence.
Mr. Scott, 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 change the name of New River
county in this State, to that of Bradford, in honor of the memory
of the late Capt. Richard Bradford of this State, and for other
purposes;
A bill to be entitled an act to unite the offices of Judge of Probate
and Clerk of the Circuit Court in Clay county;
A bill to be entitled an act to amend an act, approved February
10, 1831, concerning the public health;
A bill to be entitled an act to establish and permanently locate
the county site of Manatee county; also,
A bill to be entitled an act to incorporate an Insurance Company
in the city of Tallahassee, to be called the Gulf State Insurance
Company.
Respectfully submitted,
WM. H. SCOTT, Chairman.
Which was read and the accompanying bills placed among the
orders of the day.
A bill to be entitled an act to repeal the law of distress for
rent in this State,
Was read the second time, and the amendments offered by the
Committee on the Judiciary concurred in, and the bill as amended
ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to regulate the admission of applicants
to practice law in the Courts of Florida, and for other purposes,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to establish the records of the
county of Columbia, and for other purposes,
Was read the second time, and the amendment reported by the
Committee on the Judiciary concurred in, and the bill as amended
ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to provide for the payment of the
war tax assessed by the Confederate States,
Was read the second time, and the following amendment
offered by Mr. Holland:
SEC. 5. Be it further enacted, That if the Confederate States
shall refuse to agree to the terms of this bill, that the Governor
be and he is hereby authorized to issue treasury notes to the
amount of Four Hundred Thousand Dollars, and to purchase
cotton with said treasury notes, or bonds of the State of Florida,
at the market value of said cotton, and tender said cotton to the
Confederate States, as payment of said war tax, to the amount
of the value of said cotton, provided, however, that the Governor
shall be first satisfied that the Confederate Government will receive
cotton in lieu of money for said war tax, and provided
further, that the Governor be and he is hereby authorized to
employ suitable persons to purchase said cotton, and to establish
the necessary rules and regulations for carrying the same
into effect, and establishing a price for the various classes of
cotton.
Upon which the yeas and nays being called for the vote was:
Insert at the end of the 4th section the words, "and said tax
when paid in shall be applied to the redemption of the treasury
notes issued under the provisions of this act."
Mr. Holloman offered the following amendment, to be entitled
Sec. 5:
SEC. 5. Be it further enacted, That if any tax-payer of this
State shall desire to pay the war tax imposed on him by authority
of the Confederate States, that the tax receivers of the State
of Florida shall receive and receipt for the same.
Which was adopted.
On motion of Mr. Cole 80, copies of said bill as amended were
ordered to be printed for the use of the House.
The following special message and accompanying telegram
was received from his Excellency the Governor, and read:
EXECUTIVE DEPARTMENT,
Tallahassee, November 27, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR:--I herewith transmit to the House of Representatives a
copy of a telegraphic dispatch received last evening from Major
General Braxton Bragg, of the Confederate States Army, commanding
at Pensacola.
Respectfully,
JOHN MILTON.
(COPY.)
The following by telegraph has been received:
Dated Warrington, Nov. 23, 1861. Received Nov, 26, 1861.
To Governor MILTON:--Firing ceased. Nobody hurt to-day.
Ships driven off. McRae safe and damage prepared. All well.
BRAXTON BRAGG.
On motion, the House adjourned until to-morrow morning, 10
o'clock.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
On motion of Mr. Cole, the reading of the journal of yesterday's
proceedings was dispensed with.
Mr. Canova moved that one hundred copies of the Governor's
message with accompanying documents, submitted to the House on
yesterday, be printed;
Which was lost.
On motion, the vote against the motion to print was reconsidered,
and the motion taken up and adopted.
Mr. Canova moved that the petition and memorial in the case
of Richard E. Fryer, a citizen of Duval county, together with
the report of the Committee on Propositions and Grievances, to
whom the subject was referred, be transmitted to the Senate for
their consideration;
Which was adopted.
Mr. Canova offered the following resolution:
Resolved by the House of Representatives of the State of
Florida in General Assembly convened, That his Excellency the
Governor be, and he is hereby solicited to communicate the
quantity of arms the State was possessed of at the time of its
secession from the Federal Union, the quantity and kind obtained
by purchase or otherwise since that time, together with
their cost and the disposition made of the same;
Which was adopted.
Mr. Blount, from the Committee on the Judiciary, made the
following report:
The Joint Committee on the Judiciary, to whom was referred
"a bill to be entitled an act for the benefit of defendants in suit,"
have considered the same, and instruct us to report that in the
opinion of the Committee, the rights of defendants in suit are
well and sufficiently protected by the law as it at present exists,
and defendants now enjoy the benefits of the provision contained
in said bill as fully as is consistent with the rights of other parties
litigant before the Courts of the State. The Committee,
therefore, recommend that the bill do not pass.
R. H. M. DAVIDSON,
Ch'n Senate Com.
A. C. BLOUNT,
Ch'n House Com.
Which was read, and the accompanying bill placed among the
orders of the day.
The Joint Committee on the Judiciary, to whom was referred
a bill to be entitled an act in relation to criminal prosecutions,
have had the same under consideration and ask leave to report
the said bill back to the House, and with the following amendments
to recommend its passage, viz:
Insert after the word "Counties," in the eighth line of the 3d
section, the words, "and which shall have been determined."
Strike out all between the word "Felony," in the fifth line of
the 4th section and the word "and" in the seventh line of the
same section, and insert the words, "if it shall appear to the
satisfaction of the Justice that the said complaint is malicious
and frivolous, and made for the purpose of wanton inquiry, or
to gratify pique or malice."
Add as section 5:
"Be it further enacted, That whenever a cause is tried in any
county by change of venue, the county where the offence was
committed shall pay all costs which are chargeable in the case."
A. C. BLOUNT,
Ch'n House Com.
R. H. M. DAVIDSON,
Ch'n Senate Com.
Which was read, and the amendments proposed by the Committee
were adopted, and said bill placed among the orders of
the day.
Mr. Coffee, from the Committee on Taxation and Revenue,
made the following report:
The Committee on Taxation and Revenue, to whom was referred
a bill to be entitled an act authorizing the County Commissioners
of the several counties of this State to levy a specific
tax for the relief of soldiers' families, report they have had this
bill under consideration and recommend its passage.
Respectfully submitted,
C. C. COFFEE, Chairman.
Which was read, and the accompanying bill placed among
the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an act to amend an act entitled an act to
amend the attachment laws now in force in this State,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to incorporate an Insurance Company
in the city of Tallahassee, to be called the Gulf State Insurance Company,
A bill to be entitled an act to change the name of New River
county in this State to that of Bradford, in honor of the memory
of the late Capt. Richard Bradford of this State, and for other
purposes,
Was read the third time and put upon its passage, upon which
the vote was:
Mr. Holland moved that the rule be waived, to allow him to
introduce, without it previous notice, a bill to be entitled an act for
the relief of the volunteers from this State;
Which was agreed to, and the bill read the first time, rule
waived, read the second time by its title, and referred to the
Committee on the Judiciary.
A bill to be entitled an act for the benefit of
defendants in this State,
Was read the second time and referred to the Committee on
the Judiciary.
On motion, the House adjourned until tomorrow morning, 10
o'clock.
FRIDAY, November 29, 1861.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
On motion of Mr. Holland the reading of the journal of yesterday's
proceedings was dispensed with.
On motion, the rule being waived, Mr. Campbell introduced, without previous
notice, a bill to be entitled an act making it a penal offence for firing the woods,
except during the months therein specified, and prescribing the penalty therefor;
Which was received and placed among the orders of the day.
On motion, the rule being waived, Mr. Canova introduced the
following bills without previous notice, viz:
A bill to be entitled an act for the relief of R. B. Canova; also,
A bill to be entitled an act to repeal an act entitled an act to allow
spiritous liquors to be drank where sold, and to revive the laws repealed
by the said last mentioned act;
Which were received and placed among the orders of the day.
On motion, the rule being waived, Mr. Holland introduced without
previous notice a bill to be entitled an act for the relief of John B.
Whitehurst;
Which was received and placed among the orders of the day.
Mr. Howell moved the reconsideration of a vote taken yesterday on
the passage of a bill to be entitled an act to amend an act approved February
10th, 1831, concerning the public health, by which said bill was lost;
Which was agreed to, and said bill taken up and placed among the
orders of the day.
On motion, Mr. W. H. Andrews, the Sergeant-at-Arms of the House,
was granted leave of absence from after to-day, until Monday next at 12
o'clock, M.
On motion, Mr. Coffee was granted leave of absence from further
attendance in this House from after to-day, until Monday next at 12
o'clock, M.
On motion Mr. Scott was granted leave of absence from
further attendance in this House from after to-day, until Monday
next at 12 o'clock, M.
Mr. Haddock moved, that the House go into an election for a
Recording Secretary, whose duty it shall be to record the Governor's message
and keep up the records of the House;
Which was agreed to.
Nominations being in order for such Recording Secretary, Mr.
Pooser nominated Mr. R. L. Bruce of Leon county;
Mr. Holloman nominated Mr.----Gibson of Gadsden county; Mr. Canova
nominated Mr. John F. Banks of Columbia county.
The vote was:
FOR GIBSON--Mr. Speaker, Messrs. Amos, Arendell, Campbell,
Holland, Holloman, Means, Peterson, Robinson and Scott--10
FOR BANKS--Messrs. Canova, Haddock, Hull, Mickler, Newburn,
Price, Richardson, Vann and VanZant--9.
Mr. Bruce having received the requisite number of votes was
declared duly elected Recording Clerk.
Mr. Blount, from the Committee on the Judiciary, made the
following report:
The Joint Committee on the Judicary, to whom was referred bill to be
entitled an act to provide for appeals from the Mayor and City Council of
Tallahassee, have had the same under consideration and ask leave
respectfully to report the accompanying
bill as a substitute therefor, and to recommend the passage of the same.
R. H. M. DAVIDSON,
Chairman Senate Committee.
A. C. BLOUNT,
Chairman House Committee.
Which was received, and the substitute reported adopted, and placed
among the orders of the day.
Mr. Scott, 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 for the benefit of defendants in suit;
A bill to be entitled an act to amend an act entitled an act to amend the
attachment laws now in force in this State; also,
A bill to be entitled an act to authorize the payment of certain claims
accruing against the State of Florida between, the times of the secession
of said State and the formation of the Government of the Confederate
States.
Respectfully submitted,
WM. H. SCOTT, Chairman.
Which was read and the accompanying bills placed among the orders
of the day.
A Committee from the Senate consisting of Messrs. Chain,
Simpkins and Walker waited upon the House and informed them
that the Senate had concurred in the report of the joint select
committee of the House and Senate to fix a time for the election
of Confederate Senators.
Mr. Russell, from the Joint Select Committee of the House and Senate,
made the following report:
The Joint Select Committee to whom was referred the consideration of a
stay law for the State of Florida, after careful deliberation have drafted the
accompanying bill as a substitute for all the bills both in the Senate and the
House on the subject of a stay law, and recommend its passage.
JAS. S. RUSSELL,
Chairman House Committee.
JAS. T. MAGBEE,
Chairman Senate Committee.
Which was read and the substitute adopted, and placed among
the orders of the day.
Mr. Canova moved that 80 copies of said bill be printed;
Which was lost.
The rules being waived, Mr. Holland moved that said substitute be
made the special order of the day;
Mr. Russell, from the Joint Select Committee of the House
and Senate to fix upon the time when the General Assembly will
go into the election of two Confederate Senators, made the following
report:
The Joint Select Committee appointed to fix upon the time when the
General Assembly will go into the election of two Confederate Senators,
and the manner in which the same shall be conducted in joint meeting of
both Houses, have had the same under consideration and instructed us to
REPORT:
That the time shall be to-day at three o'clock, P. M.
The Manner--That both Senators be balloted for at the same time,
and that it shall require a majority of the whole number of Senators and
Representatives to which the State is entitled, to constitute a choice; and
any person who shall obtain such a majority, shall be declared duly
elected, and the balloting thereafter shall be for one Confederate Senator
only.
JAS. S. RUSSELL,
Chairman House Committee.
JOHN CHAIN,
Chairman Senate Committee.
Which was read and concurred in.
On motion of Mr. Means, a committee of three consisting of' Messrs.
Means, Vann and Bellamy were appointed to wait upon the Senate and
inform them of the concurrence of the House in said report.
The rules being waived, Mr. Means introduced a joint resolution
concerning the powers delegated to the Confederate States by the
several States;
Which was placed among the orders of the day.
The rules being waived, Mr. Holloman introduced the following
resolution:
Be it resolved by the House of Representatives of the State
of Florida in General Assembly convened, That a committee
of three be appointed by the Speaker, to report as early as
practicable the amount of and kind of work it is necessary for
the assistant Recording Secretary to perform, and report a resolution
fixing a just compensation therefor;
Which was adopted, and Messrs. Holloman, Coffee and Canova
appointed said Committee.
The rules being waived, Mr. Holland offered a joint resolution
providing for a digest of the laws;
Which was read the first time, rule waived, read a second time by its
title and referred to the Committee on the Judiciary.
The following message was received from the Senate, viz:
HON. SAMUAL B. LOVE,
Speaker of the House of Representatives:
SIR:--The Senate has this day passed the following bill, viz:
A bill to be entitled an act to fix the salary and require additional duties
performed by the Governor's Private Secretary and for other purposes.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Which was received and the accompanying bill placed among the
orders of the day.
Also the following:
SENATE CHAMBER,
November 28th, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The following bill and resolution having been correctly endorsed,
are hereby returned to the House of Representatives, viz:
A bill to be entitled an act to authorize Filo E. De la Rua to hold the
office of Spanish Archives in the City of Pensacola; also,
House resolution concerning Secretary of State.
Respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Which was read and the House bill which had passed the Senate
ordered to be enrolled, and the Senate resolution placed among the
orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an act providing for the stay of executions in this
State,
Was read the first time, rule waived, and read the second time by its
title.
Mr. Bloxham moved that eighty copies of said bill be printed for the
use of the House;
Which was lost.
Mr. Bloxham offered the following amendment, Provided, that before
any defendant shall be entitled to the benefit of this act, he, she or they
shall first pay all costs accruing or arising in the case wherein he, she or
they desire a stay of such execution;
The bill was then ordered to be engrossed for a third reading
on to-morrow.
Senate bill to be entitled an act authorizing the county Commissioners
of the several counties of this State to levy a specific tax for
the relief of soldiers' families,
Was read the second time and referred to the Committee on the
Judiciary.
A bill to be entitled an act for the benefit of defendants in suit,
Was read the third time and put upon its passage, upon which the
vote was:
Nays--Mr. Speaker, Messrs. Holloman, Peterson and Vann--4.
So the bill passed--title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to authorize the payment of certain
claims, accruing against the State of Florida between the times of
secession of said State and the formation of the Government of the
Confederate States,
Was read the third time and put upon its passage upon which the vote
was:
On motion of Mr. Holland a committee consisting of Messrs. Holland,
Hull and Russell, were appointed to convey the same to the Senate.
A bill to be entitled an act making it a penal offence for firing the woods
except during the months therein specified, and prescribing the penalty
therefor,
Was read the first time and ordered for second reading on to-morrow.
A bill to be entitled an act to repeal an act entitled an act to allow
Spiritous Liquors to be drank where sold, and to revive the laws repealed
by the said last mentioned act,
Was read the first time and ordered for second reading on to-morrow.
A bill to be entitled an act for the relief of R. B. Canova,
Was read the first time and ordered for second reading on to-morrow.
A bill to be entitled an act for the relief of John B. Whitehurst,
Was read the first time, rule waived, read a second time by its title and
referred to the Committee on the Militia.
Resolution declaratory of the reserved rights of the State of Florida,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act to provide for appeals from the decision of
the Mayor and other officers of Municipal Corporations,
Was read the first time, the rule waived, read the second and third
times by its title and put upon its passage, upon which the vote was:
On motion, said bill was refered to a Select Committee, consisting of
Messrs. Holland, Means and Pooser.
On motion, the House took a recess until five minutes before three
o'clock.
FIVE MINUTES BEFORE THREE.
The House resumed its session--a quorum present.
A committee from the Senate, consisting of Messrs. McCall, Broome
and Bowers waited upon the House and informed them that the Senate
was now ready to go into the election of Confederate Senators.
The following message was received from his Excellency the Governor
and read:
EXECUTIVE DEPARTMENT,
Tallahassee, November 28,1861.
Fellow Citizens of the Senate and
House of Representatives:
I had the honor, by specail message, on the 19th instant, to invite your
attention to the necessity of legislation to amend the act of 1861, in
relation to the issue of treasury notes, which requires the Governor to
sign them.
The demand for these treasury notes, in payment of debts due to
citizens and soldiers, requires me to inform you that it is utterly
impossible for me to execute the duty to satisfy the urgent
claims which the honor of the State, and justice to individuals,
founded upon absolute personal necessity, involving the claims of
wives and children for bread, demand.
In consideration of these facts, I am constrained again respectfully to
invite your attention to the recommendation contained in that message,
and to the relief of the Executive in this matter which has been
contemplated by your Honorable Bodies.
Very respectfully,
JOHN MLTON.
On motion, the same reference was made of said message as was made
this morning of the Senate bill defining the duties and increasing the
salary of the Governor's private Secretary.
On motion of Mr. Holland, a committee of three, consisting of Messrs.
Holland, Russell and Campbell were appointed to wait upon the Senate
and inform them that the House was now ready to go into the election of
Confederate States Senators.
After a short absence of aid committee, the committee returned to
the bar of the House, reported they had performed that duty, and were
discharged.
The Senate entered the hall of 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
two Confederate States Senators.
Nominations being announced in order--
Mr. McCall nominated Mr. George T. Ward of Leon county.
Mr. Chain nominated Mr. Jackson Morton of Santa Rosa
county.
Mr. Means nominated Mr. J. B. Owens of Marion county.
Mr. Howell nominated Mr. James T. Magbee of Hillsborough county.
Mr. McCall nominated Mr. M. S. Perry of Alachua county.
Mr. Simpkins nominated Mr. B. A. Putnam of St. Johns county.
The Joint Meeting then proceeded to the election.
The vote was:
FOR WARD--Senate 7. House--Mr. Speaker, Messrs. Arendell,
Bellamy, Broxson, Hawes, Holloman, Hull, Lee, Mizell, Newburn,
Peterson, Price, Russell, Stewart and Vann--15. Total 22.
FOR MORTON--Senate 6. House--Messrs. Amos, Campbell, Carter,
Clyatt, Haddock, McCormick Means, Pooser and Richardson--9. Total
15.
FOR OWENS--Senate 4. House--Messes. Arendell, Bellamy,
Campbell, Carter, McCormick, Means, Pooser, Robinson and Vogt--9.
Total 13.
FOR MAGBEE--Senate 5. House--Messrs. Broxson, Clyatt,
FOR DAWKINS--Senate 7. House--Messrs. Bloxham, Broxson,
Canova, Coffee, Collins, Dansby, McCormick, Mickler, Pooser, VanZant,
Yates and Yon--13. Total 20.
FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy,
Bloxham, Campbell, Carter, Clyatt, Haddock, Howell, Holloman Hull,
McKinnon, Oliver, Parker, Russell, Scott, Vann, VanZant, Wells, Vogt and
Williams--20. Total 26.
BLANK--Senate 2. House--Mr. Blount--1. Total 3.
Neither of the candidates having received the requisite majority, the
President declared there was no election.
On motion, the Joint Meeting then adjourned until 10 o'clock, to-
morrow.
Mr. Hawes offered the following resolution:
Resolution requesting the Trustees of the Internal Improvement
Fund to extend the time for selling the lands granted to facilitate
the construction of the St. Johns and Indian river Canal.
Be it resolved by the Senate and House of Representatives of the State
of Florida in General Assembly convened, That the Trustees of the
Internal Improvement Fund be requested to extend the time fixed for
selling the lands granted to facilitate the construction of the St. Johns
and Indian river Canal from the first of January, 1862, to the first of
January, 1864.
Which was adopted.
Ordered that the same be certified to the Senate.
On motion, the House adjourned until to-morrow morning 9 1/2 o'clock.
SATURDAY, November 30,1861.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
On motion of Mr. VanZant, the reading of yesterday's journal was
dispensed with.
The following bill was introduced in pursuance of previous notice, viz:
By Mr. Lee:
A bill to be entitled an act for the relief of James F. Leffers of the county
of Sumpter;
Which was received and placed among the orders of the day.
Mr. Holloman, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills ask leave to report the following bill and
House resolution as correctly enrolled, viz:
An act to authorize Filo E. De la Rua, to hold the office of Keeper of
Spanish Archives.
A resolution requesting the Secretary of State to furnish the General
Assembly with a catalogue of the libraries of this State, of which he is
Librarian.
D. W. HOLLOMAN, Chairman.
Which was received and read.
Mr. Hull, 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 in relation to criminal prosecutions also,
A bill to be entitled an act providing for the stay of executions in this
State.
N. A. HULL, Chairman.
Which was read and the accompanying bill placed among the orders of
the day.
ORDERS OF THE DAY.
A bill to be entitled an act making it a penal offence for firing the
woods except during the months therein specified, and prescribing the
penalty therefor,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an act to repeal an act entitled an act to allow
spiritous liquors to be drank where sold, and to revive the laws repealed
by the said last mentioned act,
Was read the second time, and on motion indefinitely postponed.
On motion of Mr. Holland, a Committee of three, consisting of
Messrs. Holland, Dansby and Hull, were appointed to wait upon
the Senate and inform them that the House was now ready to
resume its Joint Meetings for the purpose of electing two Confederate
Senators.
The Senate entered the hall of 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
two Confederate Senators.
Nominations being announced in order,
Mr. McCall nominated George T. Ward of Leon county.
Mr. Chain nominated Jackson Morton of Santa Rosa county.
Mr. Howell nominated James T. Magbee of Hillsborough county.
Mr. McCall nominated M. S. Perry of Alachua county.
Mr. Holloman nominated A. E. Maxwell of Escambia county.
The Joint Meeting then proceeded to the election.
The vote was:
FOR WARD--Senate 7. House--Mr. Speaker, Messrs. Arendell,
Broxson, Campbell, Hawes, Holland, Holloman, Hull, Mizell, Peterson,
Price, Stewart and Vann--13. Total 20.
FOR MORTON--Senate 1. House--Messrs. Amos, McKinnon,
Means, Pooser, Russell and Wall--6. Total 7.
FOR PERRY--Senate 4. House--Mr. Speaker, Messrs. Amos,
Collins, Holland, Lee, McCormick, Parker, Price, Stewart, VanZant and
Williams--11. Total 15.
FOR MAXWELL--Senate 2. House--Messrs. Arendell, Bloxham,
Campbell, Carter, Dansby, Hawes, Howell, Holloman,
Means, Robinson, Vann and Wells--11. Total 13.
FOR MAGBEE--Senate 4. House--Messrs. Broxson, Clyatt,
Howell, Lee, McKinnon, Mickler, Mizell, Newburn, Oliver, Parker,
Peterson, Richardson, Seward, Wells, Yates and Yon--17. Total 21.
FOR PAPY--Senate 1. House--Messrs. Bloxham, Canova,
Carter, Clyatt, Collins, Haddock, Mickler, Oliver, Richardson,
Robinson, Russell, VanZant, Williams and Yates--14. Total 15.
BLANK--House--Messrs. Blount, Haddock and Vogt--3.
Total 3.
Neither of the candidates having received the requisite number
of votes, the President declared there was no election.
Mr. McKinnon nominated Mr. A. C. Blount of Escambia.
The Joint Meeting then proceeded to a second ballot.
The vote was:
FOR WARD--Senate 8. House--Mr. Speaker, Messrs. Arendell,
Broxson, Hawes, Hull, Mizell, Peterson, Price, Stewart
and Vann--10. Total 18.
FOR MORTON--Senate 1. House--Messrs. Arendell, Pooser
and Wall--3. Total 4.
FOR PERRY--Senate 5. House--Messrs. Amos, Hawes,
Holland, McCormick and Williams--5. Total 10.
FOR MAXWELL--Senate 2. House--Mr. Speaker, Messrs.
Campbell, Carter, Dansby, Haddock, Holloman, McCormick, Price and
Robinson--9. Total 11.
FOR MAGBEE--Senate 5. House--Messrs. Broxson, Clyatt,
Howell, Lee, McKinnon, Mickler, Newburn, Oliver, Parker
Peterson, Seward, VanZant, Yates and Yon--14. Total 19.
Howell, Lee, McKinnon, Newburn, Oliver, Peterson, Seward, Yates and
Yon--11. Total 14.
FOR PAPY--Senate 2. House--Messrs. Bloxham, Canova, Carter,
Collins, McCormick, Means, Mickler, Oliver, Pooser, transplant and
Williams--11. Total 13.
FOR BLOUNT--Senate 4. House--Messrs. Campbell, Clyatt, Holland,
Howell, Lee, McKinnon, Newburn, Richardson, Russell, Seward and Yon--
11. Total 15.
FOR CALL--Senate 7. House--Mr. Speaker, Messrs. Campbell,
Dansby, Haddock, Mickler, Price, Richardson, Robinson, Stewart, Wall
and Yates--11. Total 18.
FOR YONGE--Senate 1. House--Messrs. Dansby, -Haddock, Hawes
and Robinson--4. Total 5.
FOR OWENS--Senate 3. House--Messrs. Bloxham, Canova,
Hawes, McCormick, Means, Russell and Vogt--7. Total 10.
FOR PERRY--Senate 1. House--Mr. Holland 1. Total 2.
BLANK--House--Messrs. Amos, Blount, Collins, Parker, Vann and
VanZant--6. Total 6.
The President declared that there was no election, neither of the
candidates having received the requisite number of votes.
On motion, the Joint Meeting then adjourned sine die.
On motion, the House took a recess until three o'clock, P. M.
3 O'CLOCK, P. M.
The House resumed its session--a quorum present.
A bill to be entitled an act for the relief of R. B. Canova,
Was read the second time, and referred to a special committee of three,
consisting of Messrs. Mickler, McCormick and Vann.
A bill to be entitled an act for the relief of James F. Leffers, of Sumter
county,
Was read the first time and ordered for a second reading on Monday.
The rules being waived, Mr. Williams, from the Committee on the
Militia, made the following report:
The Committee on Militia, to which was referred a bill to be entitled an
act for the relief of the citizens of Orange county, have had the same
under consideration and ask leave to
REPORT:
That they are constrained to advise against the passage of the bill.
The bill provides for a release of various citizens of Orange
county from militia duty, and the remission of certain fines imposed
upon them for failure to perform the same.
Your committee cannot conscientiously recommend a partial or
sectional repeal of the militia laws. While they appreciate the
circumstances of hardship connected with the performance of militia duty
in the case of these citizens, they are satisfied that to grant relief in the
manner proposed would not be consistent with public policy under
existing circumstances.
JOS. JOHN WILLIAMS, Chairman.
Which was read, and the accompanying bill placed among the orders of
the day.
A bill to be entitled an act providing for the stay of executions in this
State,
Was read the third time and put upon its passage, upon which the
vote was:
Resolved by this House, the Senate concurring, That the General
Assembly proceed to joint ballot for a State Comptroller, on Tuesday, at
12 o'clock, M;
Which was adopted.
Ordered that the same be certified to the Senate.
Mr. Russell, from the Committee on Internal Improvements, made the
following report:
The Committee on Internal Improvements to whom was referred the
communication from the "Register of Public Lands to the Governor of the
State," have had the same under consideration, and respectfully
recommend that the said communication be referred to the Committee on
the Judiciary, with instructions to report a bill in accordance with the
suggestions of said Register.
JAMES S. RUSSELL,
Chairman of Com.
Which was received and read, and the accompanying communication
of the Register referred to the Committee on the Judiciary.
Mr. Blount, on the part of the House, from the Joint Committee of the
Judiciary of the House and Senate, made the following report:
The Joint Committee on the Judiciary to whom was referred a bill to be
entitled an act authorizing the County Commissioners of the several
counties of this State to levy a specific tax for the relief of soldiers
families, have had the same under consideration and recommend that the
word "hands" be stricken out of the 4th line of the 4th section, and that the
following section be added as section 5th:
SEC. 5. Be it further enacted, That the bonds of the several
tax-collectors aforesaid, shall be liable and held responsible for the
collection and payment of the tax aforesaid.
And with these amendments they recommend that the bill do pass.
R. H. M. DAVIDSON,
Ch'n Senate Com.
A. C. BLOUNT,
Ch'n House Com.
Which was read, and the amendments proposed by the Committee were
adopted, and said bill placed among the orders of the day.
Also the following:
The Joint Committee on the Judiciary, to whom was referred a bill to be
entitled an act to amend an act to change the mode
of selecting Grand and Petit Jurors in this State, approved February 8th,
1861, have had the same under consideration and ask leave to report the
same back to the House and recommend its passage.
A. C. BLOUNT,
Ch'n House Com.
R. H. M. DAVIDSON,
Ch'n Senate Com.
Which was read, and the accompanying bill placed among the orders
of the day.
Mr. Mickler, from a Select Committee, made the following report:
The Committee to whom was referred a bill to be entitled an
act for the relief of R. B. Canova beg leave to
REPORT:
That after an examination of the papers submitted to your committee
and on inquiry at the Comptroller's office, they are satisfied that the relief
sought by the bill should be granted. It appears by letters of John Beard,
former Comptroller, which are submitted with this report, that the said
Canova has long ago fully settled and paid all amounts properly due by
him to the State. In one of these letters the comptroller bore testimony to the fidelity and punctuality of the said Canova in discharging his official duties so far as they had been connected with the comptroller's office. It is true that
there is charged against Mr. Canova on the books of the comptroller's
office, an amount which Major Beard did not regard as a proper entry
against him, and if he did, he did not esteem the said Canova accountable therefor, because it was composed of items arising upon a judgment on
recognizance against a former sheriff and others who were known to
have been insolvent, and against whom it was never supposed
collections could be made.
Your committee, in an interview with the comptroller, are assured that
the passage of the bill referred to them would be but a measure of justice
to a worthy citizen and a faithful public officer, to whose fidelity and promptness such worthy testimony was borne by Mr. Comptroller Beard.
There is no pretence that any portion of the amount charged to Mr.
Canova has ever been received by him, or that he ever failed to pay
promptly all sums which ever came to his hands.
The letters which accompany this report will give assurance of
the justice which the bill proposes to meet out to Mr. Canova.--
Your Committee therefore recommend the passage of the bill.
WM. MICKLER,
E. J. VANN,
A. H. McCORMICK.
Which was read, and the accompanying bill placed among
the orders of the day.
Mr. Hawes, from the Select Committee to whom was referred the
communication of Edward Houstoun on behalf of the Pensacola &
Georgia, and Tallahassee Railroad Companies, made the following report:
The Select Committee to whom was referred the communication of E.
Houstoun, on behalf of the Pensacola & Georgia and Tallahassee
Railroad companies, ask leave to make the following
REPORT:
That your committee are satisfied from representations made before
them by the Directors of the said Railroads, and from facts coming under
the knowledge of every one, that the existing blockade of our ports has
so materially interrupted the ordinary commerce of the country, as almost to destroy the freighting business of the several railroads in this State, and thus closing the chief source of profit derived from them; consequently
the act of this legislature requiring the several railroad companies in this State to withdraw from circulation their transportation notes
by the 1st of January, 1862, falls with unforeseen hardship upon the said companies; and it is likely to disable them from operating their roads under the present exigencies.
Your committee, therefore, respectfully recommend that some relief be
granted to the said railroad companies by modifying the requirements in
regard to the retiring of their transportation notes; and they ask leave to
report the accompanying bill for that purpose and recommend the
passage of the same.
G. E. HAWES, Cha'n,
A. H. McCORMICK,
A. A. CANOVA,
A. C. BLOUNT,
JOSEPH PRICE.
Which was read and the accompanying bill placed among the orders
of the day.
The Select Committee to whom was referred a Senate bill to be entitled
an act providing for the salary and requiring additional duties to be
performed by the Governor's Private Secretary, made the following majority report:
The committee to whom was referred the Senate bill providing for the
salary and requiring additional duties to be performed by the Governor's
Private Secretary, beg leave to report that they have had the same under
consideration and respectfully recommend the passage of the same.
G. W. MEANS,
J. H. POOSER.
Mr. Holland from the same committee made the following minority
report:
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
The undersigned, member of the Select Committee to whom
was referred Senate bill to fill the salary and require additional
duties to be performed by the Governor's private Secretary, and
for other purposes, begs leave to present a minority report, and
moves that the amendments hereto annexed be adopted, and the
bill thus amended do pass.
The amendments propose that the Secretary of State shall perform this
duty instead of the Governor's private Secretary, and add four hundred
dollars to his present salary--making that salary one thousand dollars
instead of six hundred dollars, as the law now is.
The bill proposes to give the Governor's private Secretary this
$1000 instead of $400, as is now the law. To this I am opposed. If the
Governor desires to increase the salary of his private Secretary $600
more than any one of his predecessors, let him pay it out of his own
increased salary. The predecessors of the present Governor received
$1,500 a year and $500 for house rent, and their private Secretaries
received $400 a year.
Gov. Milton receives $2,500 a year, and the Legislature is by
law now compelled to build an Executive Mansion or rent one
for the Executive. Thus the present Governor receives $1,000
a year himself more than his predecessors, and now it is proposed that
his private Secretary receive $600 additional salary, or $400 more than the Secretary of State.
I cannot yield my consent to such an unnecessary expenditure in the
present condition of our Treasury. When the soldier cannot get his few
dollars, nor him who fed the soldier his just claim, it ill becomes us, in my
judgment, to increase the pay of the Governor private Secretary $600
while the Governor's pay has been increased $1,000.
Much stres is laid on the great amount of work the private Secretary is
required to do. This depends, I presume, upon the amount of work done
by the Governor himself. The military business is done by the Adjutant
General's Department, and the
Governor's staff; the civil work by the Secretary of State. The Governor is not intended, I grant, to act as Clerk; but I do not understand how it comes that there is so much importance attached to the office of private Secretary within a few weeks.
Gov. Perry had no private Secretary since the 15th of April,
up to the expiration of his term. His private Secretary at that
time asked permission to go to Pensacola, as he desired to join
the 1st Reg. Fla. Vols., which was granted. That Governor had no private
Secretary from that time to the end of his term, and certain there was then
as much work to do in that office as there is now. Four regiments and one
battalion were organized for Confederate service; two State regiments and
various volunteer companies organized and the additional duties created
by the presence, session and acts of the Convention; and the then Governor
performed the duties without any private Secretary, and signed
several thousand dollars of these Treasury Notes. I allude to this
in answer to the argument that the office is so important that we must pay a high salary to get a superior man.
Another reason for the amendments is that the Secretary of
State's signature is well known to the whole people, and thus
prevents forging; but the private Secretary of the Governor has
not yet, I believe, been appointed, and we cannot tell whether
his signature will be generally known or not. And even if it was, he may
be changed at the Governor's pleasure (and very properly so,) and for all
we know, there may be several persons who will act, for a few months or
weeks, each as private Secretary.
Again--The Secretary of State was allowed by law $600 a year and one
dollar for each commission. This included militia commissions. The larger
amount of fees was derived from the militia commissions. A subsequent law abolished the fees of the Secretary of State on military commissions, and directed them to be issued by the Adjutant General, thus taking away a portion the salary of the Secretary of State, and not giving him any
thing in lieu thereof.
The signature of the Secretary of State is so well known to
the whole people, that if a stranger should have doubts as to the
genuineness of the bill, any person in Florida can distinguish at a
glance the genuineness of the bill by the Signature of the Secretary of
State. That officer's term is four years--therefore we know certainly that he
will sign all the bills. The private Secretary of the Governor is removable
at his pleasure, and hence the term of office has no certainty. Again--
This bill requires the consent of the Senate to the appointment of the private Secretary. This I conceive to be a violation of an established usage of all our Governments in the Confederacy. The private Secretary of the
Governor is an officer immediately about the person of the Executive. His
duty is made by law to copy letters and to copy the laws--hence while he
does no important duty and is intended by law simply as a Clerk, yet he is
entrusted with the secrets of the Executive as given in his letters, and is
present in the office hearing all the business of the Governor. Therefore
he is only required to be a discreet, gentlemanly, prudent young man,
who can write a fair hand, and a person of good business habits. The rule
has been to employ a young man with these qualifications, whose salary
would furnish him a support while he was preparing himself for future
usefulness by the aid of the State Library. Thus the office has been a
great benefit to young men of small means, and they, in their turn, have
been able to do the work of the office in a few hours each day and pays
the residue of their time in study.
The new duties imposed by the act can be all done in three months,
then why increase this office to a salary of one thousand dollars?
For these reasons the undersigned hopes the amendments may pass.
All of which is respectfully submitted.
D. P. HOLLAND.
Mr. Holland offered the following amendments:
Amend the 1st section by striking out the words "Governor's Private
Secretary" in the 4th line and insert Secretary of State. Strike out all after
the word "Comptroller" in the 6th line.
Amend the 2nd section by striking out the words "Governor's Private
Secretary" in the 2nd section; 9th and 10th lines, and insert Secretary
of State, after the word "Secretary" in the 14th line, insert of State.
Amend the 3rd section by striking out the words "Governor's
Private Secretary" in the 18th and 19th line and 3rd section,
and insert Secretary of State.
Amend the 4th section by striking out the words "Private Secretary"
in the 25th line and inserting Secretary of State.
Amend the 5th section by striking out the words "his Private
Secretary" in the 37th line and insert the Secretary of State.
Amend the 6th section by striking out the words "his Private
Secretary" in the 42nd line and insert the Secretary of State.
Strike out the 7th section.
Amend the title of the bill so as to read "an act to fix the salery and
require additional duties to be performed by the Secretary of State and for other purposes."
Which reports were received and read, and the amendments reported
in the minority report adopted, and said bill placed among the orders of
the day.
The rule being waived, the following bills were introduced without previous notice, viz:
By Mr. Holland:
A bill to be entitled an act for the relief of Johnathan C. Stewart,
Sheriff of Orange county.
By Mr. Howell:
A bill to be entitled an act to change the times of holding Courts in
the Southern Circuit.
By Mr. McCormick:
A bill to be entitled an act for the relief of newspaper publishers and
other printers.
The following message from his Excellency the Governor was received
and read:
EXECUTIVE CHAMBER,
TALLAHASSEE, Nov. 30th, 1861.
Hon. S. B. LOVE, Speaker of the House of Representatives:
SIR: I have approved and signed the following bills and resolutions:
An act to provide for the necessary supplies for the army in the State of
Florida, and to prevent monopolies, and for other purposes.
An act to authorize Filo E. De la Rua to hold the office of keeper of
Spanish Archives.
Resolution concerning Secretary of State.
Very Respectfully,
JOHN MILTON.
The following documents from his Excellency the Governor,
intended to accompany his special message on military affairs already
transmitted to the House, were received.--[See Appendix.]
On motion, reference to the same committee was made of said documents
as was made of said special message.
ORDERS OF THE DAY.
A bill to be entitled an act for the relief of James F. Leffers of
the county of Sumpter,
Was read the second time, and ordered to be engrossed for a third
reading on to-morrow.
The following message from the Senate was received and read:
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: I am instructed to return to the House of Representatives the
enclosed message and bills on account of informality, there being no
signature to the said message.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Said message was then signed by the clerk of the House of
Representatives and transmitted to the Senate.
A resolution declaratory of the reserved rights of the State of Florida,
Was read the second time.
Mr. Holland moved that the same be laid upon the table;
Upon which the yeas and nays being called for by Messrs. Russell
and Holland, the vote was :
Yeas--Messrs. Holland, Howell, Mizell and VanZant--4.
prohibited by it to the States, are reserved to the States respectively, or
to the people thereof."
Which amendment was adopted.
The resolution with amendment, upon motion, was referred to the
Committee on Confederate Relations.
Senate resolution relative to going into the election of two
Confederate States Senators was then taken up, yeas and nays
were called for by Messrs. Love and Holland, and the vote was:
Ordered that the same be certified to by the Senate.
A Committee from the Senate, consisting of Messrs. McCall,
Rogers and Walker, waited upon the House, and conveyed to the House
a substitute for the House resolutions, entitled joint
resolutions providing for the purchase of winter clothing for soldiers in
the field, and requested the adoption of the same by the House.
Said resolutions was placed among the orders of the day.
A committee consisting of Messrs. Williams, McKinnon and
Haddock, upon motion informed the Senate that the House agreed in the
Senate resolution relative to the election of C. S. Senators.
A bill to be entitled an act for the relief of the officers and clerks of the
Land Office of the late United States,
Was read the first time and ordered for a second reading on to-morrow.
Senate bill to be entitled an act authorizing the County Commissioners
of the several counties of this State to levy a specific tax for the relief of soldiers' families,
Was read, and House amendment thereto ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled in act to amend an act to change the mode of selecting
Grand and Petit Jurors in this State, approved February 8th, 1861,
Was read a second time and ordered to be engrossed for a third reading on
to-morrow.
A bill to be entitled an act for the relief of R. B. Canova,
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
On motion, the House took a recess until 3 o'clock, P. M.
Senate substitute for the House joint resolution, providing for the
purchase of winter clothing for the first Regiment of Florida Cavalry,
Was read the first time and ordered for a second reading on to-morrow.
A bill to change the time of holding the Courts in the Southern Circuit,
Was read the first time, rule waived, read a second time by its title and
ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act for the relief of Johnathan C. Stewart of
Orange county,
Was read the first time, rule waived, read a second time by its title and
referred to the Committee on Claims.
A committee from the Senate, consisting of Messrs. McCall, Chain
and Simpkins waited upon the House and informed them that the Senate
was now ready to go into the election of Confederate Senators in
pursuance of the resolution adopted by both Houses this morning.
On motion of Mr. Holland, a committee of three, consisting of Messrs.
Holland, Robinson and Campbell were appointed to wait upon the Senate
and inform them that the House was now ready to go into the election of
Confederate States Senators.
The Senate entered the hall of the House, and the President, by
request of the Speaker, took the chair.
Nominations being announced in order--
Mr. McCall nominated Mr. George T. Ward of Leon county.
Mr. Chain nominated Mr. Jackson Morton of Santa Rosa county.
Mr. Rogers nominated Mr. J. B. Owens of Marion county,
Mr. Williams nominated Thos. Randall of Leon county.
Mr. Simpkins nominated Geo. W. Call of Nassau county.
Mr. Howell nominated Mr. James T. Magbee of Hillsborough county.
Mr. McKinnon nominated A. C. Blount of Escambia county.
The Joint Meeting then proceeded to the election.
The vote was:
FOR WARD--Senate 6. House--Mr. Speaker, Messrs. Arendell,
Broxson, Hawes, Price, Scott, Stewart and Vann--8. Total 14.
FOR MORTON--Senate 6. House--Messrs. Amos, Carter, Means, Pooser,
Vann and Vogt--6. Total 12.
FOR CALL--Senate 3. House--Mr. Speaker, Messrs. Campbell, Collins, Hawes
Mickler, Mizell, Richardson, Robinson, Wall, Wells and Yates--11. Total 14.
FOR MAGBEE--Senate 6. House--Messrs. Clyatt, Howell, Lee,
McKinnon, Mickler, Newburn, Oliver, Peterson, Seward and Yon--10.
Total 16.
FOR BLOUNT--House--Messrs. Arendell, Cole, Holland, Howell,
McKinnon, Newburn, Oliver, Richardson, Seward and Yon--10. Total 10.
FOR STEPHENS--Senate 3. House--Mr. Speaker, Messrs. Arendell,
Campbell, Coffee, Collins, Cole , Robinson, Scott, Stewart, Vann and
Williams--11. Total 14.
FOR GETTIS--Senate 2. House--Messrs. McCormick, Means, and Stewart--3. Total 5.
FOR EPPES--Senate 9. House--Messrs. Bloxham, Carter,
Clyatt, Dansby, Haddock, Hawes, Holland, Lee, Peterson, Pooser, Wells, Vogt and Yates--13. Total 22.
BLANK--Senate 4. House--Messrs. Blount, Parker and VanZant-- 3. Total 4.
Neither of the candidates having received the requisite number of
votes, the President declared there was no election.
The Joint Meeting then proceeded to a fifth ballot.
The vote was:
FOR WARD--Senate 4. House--Messrs. Arendell, Lee, Price,
Russell, Stewart and Wall--6. Total 10.
FOR MORTON--Senate 1. House--Mr. Amos--1. Total 2.
FOR OWENS--Senate 4. House--Messrs. Amos, Canova, Coffee,
Dansby, McCormick, Means, Pooser, Price, VanZant and Vogt--10. Total
14.
FOR CALL--Senate 3. House--Mr. Speaker, Messrs. Collins,
Haddock, Hawes, Mickler, Richardson, Robinson, Stewart, Wall and
Yates--10. Total 13.
FOR MAGBEE--Senate 6. House--Messrs. Clyatt, Howell, Lee,
McKinnon, Mickler, Newburn, Oliver, Peterson, Seward, Yates and Yon--
11. Total 17.
FOR STEPHENS--Senate 6. House--Mr. Speaker, Messrs.
Arendell, Broxson, Campbell, Carter, Coffee, Collins, Cole, Holland,
Robinson, Scott, Vann and Williams--13. Total 19.
FOR GETTIS--Senate 3. Total 3.
FOR EPPES--Senate 9. House--Messrs. Blount, Broxson, Carter,
Hawes, Holland, Howell, McKinnon, Means, Newburn, Peterson, Pooser,
Richardson, Seward, Wells, Vogt and Yon--6. Total 25.
FOR MAXWELL&Senate 1. House--Messrs. Campbell, Cole,
Dansby, Haddock, McCormick, Oliver, Russell, Scott, Vann, Wells
and Vogt--11. Total 12.
Neither of the candidates having received the requisite majority, the
President declared there was no election.
On motion, the Joint Meeting adjourned until to-morrow 3 1/2 o'clock, P. M.
On motion, the House adjourned until to-morrow morning, 10 o'clock.
TUESDAY, December 3, 1861.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
On motion of Mr. Bloxham, the reading of yesterday's journal was
dispensed with.
The rules being waived, Mr. Love introduced, without previous notice,
a bill to be entitled an act to authorize the Comptroller of public accounts
to credit sheriffs and other ministerial officers with the amounts charged
against them on account of insolvent debtors;
Which was placed among the orders of the day.
Notice was given of intention to introduce the following bills on some
future day, viz:
By Mr. Holloman:
A bill to be entitled an act making uniform the rate of interest in this
State; also,
A bill to be entitled an act to extend the jurisdiction of Justices of the
Peace in this State.
By Mr. Oliver:
A bill to be entitled all act more effectually to secure the payment for
stock killed or injured on Railroads in this State.
The rule being waived, the following bills were introduced without
previous notice, viz:
By Mr. Canova:
A bill to be entitled an act for the relief of John H. Rhodes, Constable
for the second district of Leon county;
Which was placed among the orders of the day.
Mr. Vann offered the following resolution:
Be it resolved by the Senate and House of Representatives of the State
of Florida in General Assembly convened, That from and after the
approval and signature of an act entitled an act to provide for the
necessary supplies for the Army in the State of Florida, to prevent
monopolies, and for other purposes, passed in secret session of the
General Assembly, the injunction of
Mr. Blount introduced a joint resolution providing for the signing of
Treasury Notes;
Which was placed among the orders of the day.
Mr. Blount, from the Committee on the Judiciary, made the following
report:
The Joint Committee on the Judiciary to whom was referred a bill to be entitled an act to secure claimants the value of Improvements made on lands held under adverse possession in good faith, have had the same under consideration and ask leave to report, that the provisions of said bill are inconsistent with the present statute of limitations of the State, greatly reducing the time required by an adverse possessor to perfect his title against the real owner of the land, and from the present sparse population of the State, the Committee fear that it would become the cloak to great injustice against the rights of innocent holders of real estate. They therefore recommend that said bill do not pass.
R. H. M. DAVIDSON,
Ch'n Senate Com.
A. C. BLOUNT,
Ch'n House Com.
Which was read and the accompanying bill placed among the orders of
the day.
Also the following:
The Joint Committee on the Judiciary, to whom was referred a joint resolution providing for the digest of the laws, have had the same under consideration, and ask leave to report, that from a full investigation of this subject, the Committee are convinced that from the present condition of our laws a digest of the character provided for in said resolution is greatly demanded, yet this committee feel themselves constrained to forbear recommending the adoption of the same, from the conviction of the inexpediency
of further burthening the public treasury at a time when its utmost
resources are required to meet the demands of the State.
A. C. BLOUNT,
Ch'n House Com.
R. H. M. DAVIDSON,
Ch'n Senate Com.
Which was read and the accompanying joint resolution placed among
the orders of the day.
Mr. Canova from the Committee on Claims made the following report:
The Committee on Claims to whom was referred a bill entitled an act for
the relief of Jonathan C. Stewart, Sheriff of Orange county, having had the same
under consideration, ask leave to report, that upon a careful examination of the subject, it appears that the said Jonathan C. Stewart has paid into the State Treasury the sum of $461 25 more than he was bound to pay while acting as Sheriff of Orange county, that the facts are fully set forth in the
preamble to the bill, which is herewith returned, with a recommendation that the relief asked for be granted.
All of which is respectfully submitted,
A. A. CANOVA, Chairman.
Which was received and read and the accompanying bill placed
among the orders of the day.
Mr. Pooser from the Committee on Propositions and Grievances made
the following report:
The Committee on Propositions and Grievances, to whom was referred
the petition of Mr. R. Saunders, Sheriff of Leon county, have considered
the same, and ask leave to offer the following bill and recommend its
passage.
JACOB H. POOSER, Chairman.
Which was read and the accompanying bill placed among the orders of
the day.
Also the following:
The Committee on Propositions and Grievances, to whom was referred
the petition of Dr. John P. Duval, asking pay for services by him rendered
as Surgeon and Physician at the Marine Hospital at St. Marks, ask leave
to report the following bill for his relief and recommend its passage.
JACOB H. POOSER, Chairman.
Which was read, and the accompanying bill placed among the orders
of the day.
The following message was received from the Senate, viz:
To Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The Senate has this day passed the following House
bills, viz:
A bill to be entitled an act to amend an act permanently to locate the
County Site of Volusia County; and
A bill to be entitled an act to repeal the third section of an act
amendatory of the act of 1845, concerning Roads and Highways.
The Senate has also indefinitely postponed House bill to be entitled an
act to regulate the admission of Applicants to practice Law in the Courts
of Florida, and for other purposes;
Also laid on the table House bill to be entitled an act to repeal the law of
Distress for Rent in this State.
All of which I am instructed to certify to the House.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Which was read and the House bills which had passed the
Senate ordered to be enrolled.
The rules being waived, Mr. Means from the Committee on Confederate
Relations made the following report:
The Committee on Confederate Relations to whom was referred resolution declaratory of the reserved rights of the State of Florida, beg leave to report that they have had the same under consideration, and recommend the passage of the same with the amendments proposed, viz: by inserting in 5th line of 1st section, after the word "America," the words "by the Constitution," and by adding to the 7th line after the word "respectively," the words "by the Constitution" and by adding to the 7th line after the word "respectively," the words "and the people thereof."
G. W. MEANS, Chairman.
Which was read and the resolution and amendments placed among the
orders of the day.
On motion of Mr. Bloxham, all bills which had been passed
over informally by the House, were taken up and placed among
orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an act in relation to Criminal Prosecutions,
Was read the third time and put upon its passage, upon which the
vote was:
The following message was received from the Senate:
SENATE CHAMBER,
Dec. 3, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The Senate has this day passed the following bills, viz:
A bill to be entitled an act to establish and permanently locate the
county site of Manatee county;
A bill to be entitled an act to prevent persons from penning cattle
without the consent of the owners of such cattle in the counties of
Walton and Holmes;
A bill to be entitled an act to facilitate the collection of taxes by the
city, of Pensacola; also,
A bill to be entitled an act to repeal the 8th section of an act still further
defining the duties of the Trustees of the Internal Improvement Fund, approved Feb'y 14, 1861.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Which was read and the House bills which had passed the Senate
ordered to be enrolled, and the Senate bills placed among the orders of
the day.
Mr. Vann offered the following amendment to said section.
And that said secretary of each of such Railroads or corporations in his
first report shall state the amount of change bills that were on hand at the
time of the passage of this act, and also to state how much was in
circulation at the same time;
Which was adopted.
The bill was then ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act for the relief of the Officers and Clerks of
the Land Office of the late United States,
Was read the second time and referred to the Committee on Finance
and Public Accounts.
A bill to be entitled an act to authorize the Comptroller of
Public Accounts to credit Sheriffs and other Ministerial Officers
with amounts charged against them on account of insolvent
debtors,
Was read the first time, rule waived, read a second time by
its title, and referred to the Committee on Finance and Public Accounts.
A bill to be entitled an act for the relief of Jonathan C. Stewart, Sheriff of Orange county,
Was read for the second time an ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act for the relief of R. Saunders, Sheriff of Leon county,
Was read for the first time, rule waived, read a second time by its title, and ordered to be engrossed for a third reading on to-morrow.
The rule being waived, the following bill was introduced without previous notice, viz:
By Mr. Holland:
A bill to be entitled an act to consolidate the office of Sheriff and Tax Assessor and Collector of Suwannee county;
Which was placed among the orders of the day.
Mr. Scott, 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 for the relief of the citizens of Orange county;
A bill to be entitled an act making it a penal offence for firing the woods except during the months therein specified, and prescribing the penalty therefor;
A bill to be entitled an act for the relief of James F. Leffers of the county of Sumter; also,
A bill to be entitled an act for the relief of R. B. Canova.
Respectfully submitted,
WM. H. SCOTT, Chairman.
Which was read, and the accompanying bills placed among the orders of the day.
A bill to be entitled an act to secure to claimants the value of improvements made on lands held under adverse possession in good faith,
Was read for the second time, and ordered to be engrossed for a third reading on to-morrow.
Joint resolution providing for a digest of the laws,
Strike out the word "dollars" and insert "such sums as the next General Assembly shall by law direct;"
Which was adopted.
On motion, the House took a recess until 3 o'clock, P. M.
3 O'CLOCK P. M.
The House resumed it session--a quorum present.
A Committee from the Senate, consisting of Messrs. Simpkins, Abercrombie and Watlington waited upon the House and informed them teat the Senate was now ready to resume the Joint Meeting to go into the election of Confederate Senators.
On motion of Mr. Holland, a Committee of three, consisting of Messrs. Holland, Price and Holloman, were appointed to wait upon the Senate and inform them that the House was now ready to go into the election of Senators.
The Senate entered the hall of the House, and the President by request of the Speaker took the chair.
The President declared the object of the Joint Meeting to be, the election of two Confederate Senators.
Nominations being announced in order,
Mr. Lee nominated Mr. James M. Baker of Columbia county.
Mr. Watlington nominated Mr. James Gettis of Hillsborough county.
Mr. Chain nominated Mr. James T. Magbee of Hillsborough county.
Mr. Rogers nominated George T. Ward of Leon county.
The Joint Meeting then proceeded to the election.
The vote was:
FOR BAKER--Senate 5. House--Messrs. Arendell, Canova, Coffee, Collins, Cole, Haddock, Howell, Hull, McKinnon, Means, Mickler, Mizell, Newburn, Parker, Peterson, Pooser, Price, Richardson, Seward, Vann, VanZant, Wall, Williams and Yates--25. Total 30.
FOR GETTIS--Senate 1. House--Messrs. Canova and Holland--2. Total 3.
FOR MAGBEE--SENATE 5. House--Messrs. Broxson, Clyatt, Howell, Lee, McKinnon, Newburn, Oliver, Parker, Peterson, Seward, VanZant, Yates and Yon--13. Total 18.
FOR MORTON--Senate 7. House--Messrs. Amos, Arendell,
Campbell, Carter, Hawes, Holland, Oliver, Pooser, Price, and
Vogt--11. Total 18.
FOR CALL--Senate 9. House--Messrs. Campbell, Collins,
Dansby, Haddock, Hawes, Holloman, Means, Mickler, Richardson,
Stewart, Vogt and Yon--13. Total 22.
FOR WARD--Senate 2. House--Messrs. Broxson, Holloman,
Russell and Seward--4. Total 6.
BLANK--Senate 5. House--Mr. Speaker, Messrs. Blount
Bloxham and Wells--4. Total 6.
Neither of the candidates having received the requisite
majority, the President declared there was no election.
The President announced nominations still in order.
Mr. Finlayson nominated M. D. Papy of Leon county.
Mr. Williams nominated A. E. Maxwell of Escambia county.
The Joint Meeting then proceeded to a second ballot.
The vote was:
FOR BAKER--Senate 3. House--Messrs. Canova, Coffee, Collins,
Cole, Dansby, Haddock, Holloman, Hull, Lee, Means, Newburn, Peterson,
Pooser, Price, Vann, VanZant, Wall, Wells, Vogt and Williams--20. Total
23.
FOR GETTIS--Senate 1. House--Mr. Parker--1. Total 2.
FOR MAGBEE--Senate 8. House--Messrs. Broxson, Clyatt, Howell,
McKinnon, Newburn, Oliver, Parker, Peterson, Seward, Yates and Yon--
11. Total 19.
FOR MORTON--Senate 4. House--Messrs. Amos, Arendell and
Holland--3. Senate 7.
FOR CALL--Senate 7. House--Messrs. Arendell, Campbell, Carter,
Collins, Haddock, Hawes, McCormick, Means, Mcikler, Mizell,
Richardson, Robinson, Stewart, Vogt and Yon--15. Total 22.
FOR WARD--Senate 3. House--Messrs. Bellamy, Broxson,
Holloman, Mizell, Russell, Scott and Stewart--7. Total 10.
FOR PAPY--Senate 6. House--Messrs. Bloxham, Canova, Coffee,
Cole, Holland, Mickler, Oliver, Price, Richardson, VanZant, Wall, Williams
and Yates--13. Total 19.
FOR MAXWELL--Senate 4. House--Messrs. Bellamy, Bloxham,
Campbell, Carter, Clyatt, Dansby, Hawes, Howell, Lee, McCormick,
McKinnon, Pooser, Robinson, Russell, Scott, Seward, Vann and Wells--
18. Total 22.
BLANK--Senate 1. House--Mr. Speaker and Mr. Blount--2. Total 3.
Neither of the candidates having received the requisite number of
votes, the President declared there was no election.
The name of Mr. Gettis was withdrawn.
The Joint Meeting then proceeded to a third ballot.
FOR BAKER--Senate 3. House--Mr. Speaker, Messrs. Canova, Collins,
Cole, Dansby, Haddock, Hull, Lee, Mizell, Newburn, Vann,
VanZant, Wall, Wells, Williams and Yates--19. Total 22.
FOR MAGBEE--Senate 6. House--Messrs. Broxson, Clyatt,
Howell, McKinnon, Means, Mizell, Newburn, Oliver, Parker,
Peterson, Seward, Yates and Yon--13. Total 19.
FOR MORTON--Senate 2. House--Messrs. Amos, Arendell
and Holland--3. Total 5.
FOR CALL--Senate 6. House--Messrs. Campbell, Carter, Clyatt,
Collins, Haddock, Hawes, McCormick, Mickler, Richardson, Robinson,
Stewart, Vogt and Yon--13. Total 19.
FOR WARD--Senate 5. House--Messrs. Bellamy, Broxson, Hawes,
Holloman, Russell, Scott and Stewart--7. Total 12.
FOR PAPY--Senate 7. House--Mr. Speaker, Messrs. Bloxham, Canova, Coffee, Cole, Holland, Hull, Mickler, Oliver,
Peterson, Price, Richardson, Wall and Williams--14. Total 21.
FOR MAXWELL--Senate 5. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Dansby, Howell, Holloman, McCormick,
McKinnon, Parker, Pooser, Robinson, Russell, Scott, Seward, Vann, Wells and
Vogt--19. Total 24.
BLANK--Senate 3. House--Mr. Blount--1. Total 4.
The President declared that there was no election, neither of
candidates having received the requisite number of votes.
On motion, the Joint Meeting then adjourned until to-morrow at 3 1/2
o'clock, P. M.
Mr. Means moved that Mr. A. H. McCormick be excused from further
attendance in the Legislature during the present session;
Which was agreed to.
The following message was received from the Senate:
SENATE CHAMBER,
December 3, 1861.
HON. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR:--The Senate has this day passed the following bills, viz:
A bill to be entitled an act to suspend the operation of so
much of sections six and eleven of the general banking laws of
this State, approved Jan'y 8, A. D. 1853, as refers to the sale of
securities in the hands of the Comptroller;
House bill to be entitled an act relative to taxation; also,
House bill to be entitled an act to authorize the Circuit Courts
Nays--Mr. Speaker, Messrs. Arendell, Bloxham, Coffee, Haddock,
Howell, Oliver, Parker, Scott, Seward, Vann and Vogt--12.
So the resolution passed--title as stated.
On motion of Mr. Holland, a committee consisting of Messrs. Holland,
Haddock and Hill were appointed to convey the same to the Senate.
A bill to be entitled an act for the relief of Newspaper Publishers
and other printers,
Was read the second time and the following amendment offered by
Mr. Holland:
Mr. Holland moved to amend the bill by striking out all after the
enacting clause and insert the following: That all laws and
parts of laws which require any person, or persons in this State
to attend any militia muster in this State, be and they are hereby
repealed.
Which was lost.
On motion of Mr. Russell, the bill was then laid on the table.
On motion, the House adjourned until to-morrow morning, 10
o'clock.
WEDNESDAY, December 4, 1861.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
On motion of Mr. Oliver, the reading of yesterday's journal was dispensed with.
On motion of Mr. Coffee, Mr. Arendell of Jefferson was
added to the Committee on Finance and Public Accounts.
The rules being waived, the following bill was introduced without
previous notice, viz:
By Mr. Canova:
A bill to be entitled an act for the relief of Frederick Lenders,
constable of Duval county;
Which was placed among the orders of the day.
The following bills were introduced in pursuance of previous
notice, viz:
By Mr. Holloman:
A bill to be entitled an act to extend the jurisdiction of Justices of the Peace in this State; also,
A bill to be entitled an act making uniform the rates of interest in this State.
Mr. Blount presented a memorial for M. P. de Riobo, a Justice of the Peace of Escambia county;
Which was read, and motion, referred to the Committee on Propositions and Grievances.
Mr. Vann offered the following resolution:
WHEREAS, It appears from the report of the Treasurer of this State, that the State of Florida is indebted to the Banks of Charleston, the People's Bank, the Bank of Newberry, and the Merchant's and Planter's Bank of Savannah; And whereas, It appears from said report that the Treasury Department of this State is under acceptances made by Institutions in another State to become due in a short time--
Resolved by the House of Representatives of the State of Florida in General Assembly convened, That the Treasurer be required to furnish to this House, as soon as practicable, the amount of the indebtedness of the State of Florida to each of the Banks above mentioned, and on what account the State is so indebted; also the amount of each acceptance, by what --Institutions of another State-- such acceptance or acceptances were made; for what and when each will become due; also what amount of money he has received from the Secretary of the Confederate States under the Act of Congress, approved August 31, 1861,
entitled --an act to reimburse the State of Florida,-- and if he has received said money or any part thereof, whether he has applied it or any part thereof, in accordance with the recommendation of M. S. Perry , late Governor, made the 15th day of October, 1861.
Which was adopted.
Mr. Bloxham offered the following resolutions:
Resolved, That the Governor be requested to communicate to this House at his earliest convenience the number and descriptions of Troops now in the service of the State, from what county
or counties they have been received, the length of time for which they
have been mustered in, and where stationed, as well as the, names of the
Companies and their commanding officers.
Resolved further, That he be also requested to communicate the
number and names of the Aids on his Staff in pay, their rank and
compensation, and the number of officers he has commissioned for
special duty, with their rank and field of duty assigned.
Resolved further, That he be also requested to communicate what
steps are being taken to muster the State Troops into the Confederate
service.
Which were adopted.
Mr. Coffee offered the following resolution:
Resolved by the House of Representatives of the State of Florida in
General Assembly convened, That the Committee on Elections inquire
into the cause of the absence from this House of Theodore Bissell, and
report to the House whether in their opinion such absence is owing to his
disloyalty to the State or Confederate States, and if so, whether in the
opinion of this House he should not be expelled from this body.
Which was adopted and said reference made.
Mr. Williams offered the following resolutions:
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That our representatives
now in the Confederate Congress be requested to use their best
endeavors in behalf of the soldiers now or hereafter may be in the
Confederate States service, and secure, to them an increase of their pay
to at least fifteen dollars per month.
Be it further resolved, That the Governor be and he is hereby
requested to forward a copy of these resolutions to each of
our representatives.
Which were adopted.
Mr. Canova offered the following resolutions:
Resolved by the Senate and House of Representatives of the State of
Florida in General Assembly convened, That estimating at their
highest value the services rendered by our commanding Generals, their
officers and soldiers, to the cause of our country, this General Assembly,
representing the people of this State, hereby tender them their thanks and
express its confidence that in the future they will exhibit the same
undaunted courage and devoted patriotism that have illustrated their
conduct in the past.
Resolved further, That the people of Florida, acknowledging their
obligations to the Government of the Confederate States, for their devotion
to the mighty interests committed to their charge, cherish the confident
belief that the industry, ability,
capacity and patriotism it displayed in the past, will continue to
distinguish their course in every vicissitude of the struggle in which we
are engaged to maintain our rights and to preserve homes and altars from
pollution and violence.
Mr. Williams offered the following as a substitute, which were accepted
by the mover in lieu of the original, viz:
WHEREAS The People of Florida, in common with those of other States
of the Confederacy, recognizing their dependence upon an overruling
Providence for the success of their cause, and trusting in the continued
blessing of the God of Battles upon their arms, realize a deep sense of
their obligation to the Government of the Confederate States, our
officers and soldiers, for the achievements which have already
illustrated our national existence; AND WHEREAS, It is meet and becoming that this General Assembly, representing the people of Florida, should give expression, in all appropriate form to the sentiments by which they are animated:
Be it resolved by the Senate and House of Representatives the State
of Florida in General Assembly convened, That our thanks are due
and are hereby tendered to the Government the Confederate States,
for the energy, ability and patriotism displayed in administering the Government, during the whole progress of the war now waged in defence of our rights, our homes, and our liberties.
Resolved further, That we do hereby award to our Commanding
Generals, and their officers and men, the meed of our praise and
admiration for their courage, skill, endurance and patriotism, manifested
on every battle field since the commencement of the war, and we do
hereby express our entire confidence in them for the future, assuring
them that a grateful people will ever retain a lively sense of their devotion
to their country, and of their sacrifices for the cause which called them to
the field.
Resolved further, That Florida feels a just sentiment of pride being
represented in the Cabinet, and we deem it due to the occasion to
declare our appreciation of the appointment by the President of the
Hon. S. R. Mallory, as Secretary of the Navy, whose knowledge,
experience, ability and patriotism the county may confide for the successful
administration of the Department committed to his charge.
Resolved further, That the daring and brilliant achievement of our troops
on Santa Rosa Island gives assurance of the spirit by which they are
animated, and with which they will meet the invader should he attempt to land on our soil; and that whilst we shall ever hold in grateful remembrance the survivors of that
expedition, we will cherish the memory of the fallen, whose courage and gallantry have endeared them to our country.
Which were read and placed among the orders of the day.
Mr. Holland offered the following resolution:
Resolved, That the General Assembly adjourn sine die on next Saturday, at 10 o'clock, P. M.
Which was adopted.
On motion, a committee consisting of Messrs. Holland, Russell and Hull were appointed to convey the same to the Senate.
Mr. Coffee, from the Committee on Finance and Public Accounts, made the following report;
The Committee on Finance and Public Accounts, to whom was referred a bill to be entitled an act to authorize the Comptroller of Public Accounts to credit Sheriffs and other Mininterial officers with amounts charged against them on account of insolvent debtors, having had the same under consideration, report the accompanying bill as a substitute for the original bill, and respectfully recommend its passage.
C. C. COFFEE, Chairman.
Which was read and the accompanying bill placed among the orders of the day.
Also the following:
The Committee on Finance and Public Accounts, to whom was referred a bill to be entitled an act for the relief of the Officers and Clerks of the Land Office of the late United States, having had the same under consideration, report the following additional section, to be numbered section 2:
SEC. 2. Be it further enacted, That the Treasurer be and he is hereby authorized and required to pay any warrant outstanding drawn in favor of the Register of Public Lands, for services of said office, in like manner as provided for in section first.
Section two of the original bill to be changed to section three. With these amendments they recommend the passage of the bill.
C. C. Coffee, Chairman.
Which was read and the amendments adopted, and said bill ordered to be placed among the orders of the day.
ORDERS OF THE DAY.
Resolution declaratory of the reserved rights of the State of Florida,
Was read the second time, and the amendments proposed by the Committee on Confederate Relations adopted, and the resolution as amended ordered to be engrossed for a third reading on to-morrow.
Resolutions expressive of the sentiments of the people of Florida
towards the Confederate Government and her armies in the field,
Were read the first time, rule waived, read a second time by its title.
Mr. Means offered the following amendment:
Resolved further, That we especially tender our thanks to General Braxton Bragg for his gallant conduct in the recent bombardment of Fort Pickens, and for the patriotism and ability he has manifested in making the necessary preparation for successfully meeting and repelling the attack of our insolent foes.
Which was adopted.
On motion, said resolutions were referred to a select committee of five, consisting of Messrs. Holland, Williams, Blount, Means, and Canova.
The rule being waived, the following bill was introduced without previous notice, viz:
By Mr. Seward:
A bill to be entitled an act to amend an act entitled an act to organize the county of Polk from the counties of Hillsborough and Brevard;
Which was placed among the orders of the day.
Senate bill to be entitled an act to repeal the 8th section of an act still further defining the duties of the Trustees of the Internal Improvement Fund, approved February 14, 1861,
Was read the first time, and ordered for a second reading on to-morrow.
A bill to be entitled an act prescribing the competency of Supreme and Circuit Judges to sit in certain cases,
Was read the first time, rule waived, read a second time by its title, and referred to the Committee on the Judiciary.
Senate bill to be entitled an act to prevent persons from penning cattle without the consent of the owners of such cattle,
Was read the first time and ordered for a second reading to-morrow.
A bill to be entitled an act for the relief of James T. Leffers of the County of Sumpter,
Was read the third time and put upon its passage, upon which the vote was:
A bill to be entitled an act making a penal offence for firing the woods,
except during the months therein specified and prescribed the penalty
therefor,
Was read the third time and put upon its passage, upon which the
vote was:
A bill to be entitled an act to suspend the operation of so
much of sections six and eleven of the general banking laws of
this State, approved Jan'y 8, A. D. 1853, as refers to the sale of
securities in the hands of the Comptroller,
Was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled an act for the relief of John H. Rhodes,
constable for the second district of Leon county,
Was read the second time and referred to the Committee on
Propositions and Grievances.
Joint Senate resolution providing for the purchase of winter
clothing for the 1st Regiment Florida Cavalry,
Was read the third time and put upon its passage, upon which the
vote was:
by its title and referred to the Committee on Propositions and
Grievances.
A bill to be entitled an act to extend the jurisdiction of Justices of the
Peace in this State,
Was read the first time and ordered for a second reading on to-morrow.
A bill to be entitled in act making uniform the rate of interest this State,
Was read the first time and ordered for a second reading on to-morrow.
A bill to be entitled an act for the relief of Sheriffs and other
ministerial officers of the Court,
Was read the first time, rule waived, read a second time by its title and
the following amendment offered by Mr. Holland:
SEC. 2. Be it further enacted, That any citizen shall have the right to
appeal from the decision of the Comptroller to a Circuit Court Judge at
Chambers, or in Term time, and said Court after notice to the Comptroller
and full hearing on the evidence shall give such decree as equity and
justice demands, and the said Comptroller shall issue his warrant on said
decree.
Which was adopted and the bill as amended ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act for the relief of the officers and clerks of the
Land Office of the late United States,
Was read the second time and ordered with amendments reported by
the Committee to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to amend an act entitled an act to organize
the County of Polk from the counties of Hillsborough and Brevard,
Was read the first time and ordered for a second reading on to-morrow.
The rules being waived, Mr. Williams introduced a resolution for the
relief of certain citizens of Leon county;
Which was read the first time, the rule waived, read the second time
by its title and the following amendment offered by Mr. Canova:
Wherever the words "Leon county" occur, insert the words
"all the counties in this State;"
Which was adopted.
Mr. Holloman moved that the resolution be indefinitely postponed;
Upon which the yeas and nays being called for, the vote was:
Yeas--Mr. Speaker, Messrs. Broxson, Campbell, Carter, Holloman,
Lee, McKinnon, Scott and Vann--8.
The Committee on Engrossed Bills reported the following bills as being correctly engrossed, viz:
A bill to be entitled an act to secure to claimants the value of improvements made on land held under adverse possession in good faith.
A bill to be entitled an act for the relief of R. Saunders, sheriff of Leon county.
A bill to be entitled an act to change the times of holding Courts in Southern Circuit.
House amendments to Senate bill to fix salary and require additional duties performed by the Governor's private secretary, and for other purposes ; also,
House amendment to Senate bill authorizing the County Commissioners of the several counties of this State to levy a specific tax for the relief of soldier's families.
Respectfully submitted,
WM. H. SCOTT, Chairman.
Which was read and the accompanying bills placed among the orders of the day.
Senate bill to be entitled an act to fix the salary and require additional duties to be performed by the Governor's Private Secretary, and for other purposes,
Came upon its third reading.
On motion, the bill was passed over informally until to-morrow.
A committee from the Senate, consisting of Messrs. McCall, Finlayson, and Jones waited upon the House and informed them that the Senate was now ready to go into the election of Confederate Senators.
On motion of Mr. Holland, a committee of three, consisting of Messrs. Holland, Amos, and Yates were appointed to wait upon the Senate and inform them that the House was now ready to go into the election of Confederate States Senators.
The Senate entered the hall of 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 two Confederate Senators.
Nominations being announced in order--
Mr. Lee nominated James M. Baker of Columbia county.
Mr. Chain nominated Mr. Jackson Morton of Santa Rosa county.
Mr. Simpkins nominated Geo. W. Call of Nassau county.
Mr. Howell nominated Mr. James T. Magbee of Hillsborough county.
Mr. McCall nominated Mr. George T. Ward of Leon county.
Mr. Finlayson nominated M. D. Papy of Leon county.
A bill to be entitled an act to amend the election laws of this State.
Mr. Holland introduced the following resolutions:
Resolved by the House of Representatives of the State of Florida in
General Assembly convened, That as an evidence .of the confidence in
and the appreciation of the high military and civil character of the
Commanding General of the Military Department of Middle and East
Florida, and as evincing the desire of this House to afford him all support
within its power to aid him in the defence of the county, Brigadier General
Trapier and his staff are cordially invited to visit the House of Representatives, and that the Speaker welcome the General to Florida.
Be it further resolved, That a Committee of three be appointed to wait
on General Trapier, and inform him of these resolutions.
Which were adopted, and Messrs. Holland, Coffee and Robinson
were appointed said Committee.
Mr. Blount introduced the following resolutions:
Resolved, That the joint resolution heretofore adopted by the Senate
and House of Representatives to go into the election of two Senators to
the Confederate Congress be rescinded.
Resolved, That the Senate concurring, this House will go into the
election of one Senator to the Confederate Congress, at 30 minutes after
three o'clock this day, and upon the election of such Senator the joint
assembly shall then proceed to ballot for one other Senator to the said
Confederate Congress.
Which were lost.
Mr. Blount, on the part of the House, from the Joint Committee of the
Judiciary of the House and Senate, made the following report:
The Joint Committee on the Judiciary to whom was referred a bill to be
entitled an act prescribing the competency of Supreme and Circuit
Judges to sit in certain cases, have had the same under consideration and
ask leave to report the same back to the House and recommend its
passage.
R. H. M. DAVIDSON,
Ch'n Senate Com.
A. C. BLOUNT,
Ch'n House Com.
Which was read and the accompanying bill placed among the orders
of the day.
Also the following:
The Joint Committee on the Judiciary to whom was referred a bill to be
entitled an act for the relief of the Volunteers from this State, have had the
same under consideration and ask leave to report, that in the opinion of the
committee, the provisions of said bill are unconstitutional, inasmuch as
they prohibit the institution
of any suit in the Courts of this State, such prohibition being in
violation of the 9th section of the 1st article.
R. H. M. DAVIDSON,
Ch'n Senate Com.
A. C. BLOUNT,
Ch'n House Com.
Which was read, and the accompanying bill placed among the orders
of the day.
Also the following:
The Joint Committee on the Judiciary, to whom was referred a bill to
be entitled an act to provide for the payment of the War Tax to be
assessed upon and collected from the citizens of this State, have had the
same under consideration and by a majority instruct us to report the same
back to the House, with the following amendments, and to recommend its
passage with said amendments:
After the word "that" in the second line of the first section, insert
"the State of Florida accepts the proposition contained in the 24th
section of an act entitled an act to authorize the issue of Treasury notes,
and to provide a war tax for their redemption, passed by the Confederate
States of America and in order to comply with the same."
Insert as Sec. 3.
Be it further enacted, That Col. E. E. Blackburn, who
has been appointed under the authority of the aforesaid act of Congress,
together with the persons who have been by him appointed collectors of
the several collection districts by him arranged, are hereby authorized
to begin and proceed to the discharge of their respective duties as laid
down in the said act of Congress, so far as the assessing of the said
taxes are concerned.
Insert as Sec. 4.
Be it further enacted, That all the provisions
of said act of Congress relating to the assessing of the said taxes by the
collectors aforesaid, are hereby expressly ordered to be strictly observed
by the aforesaid collectors as prescribed in the 10th section of said act
of Congress; and in addition thereto, the said chief Collector is hereby
required to forward to the Secretary of State a copy of the collated list
required in the said 10th section to be forwarded by him to the Secretary
of the Treasury.
Insert as Sec. 5.
Be it further enacted, That for the faithful performance
of the services hereinbefore enumerated, the several collectors and
assessors of the several collection districts shall be entitled to and
receive one-tenth of one per cent of the taxes due upon the value of the
property by them assessed, to be allowed by the Comptroller of Public
Accounts of this State, and to be paid by the Treasurer.
From the 5th line of Sec. 6, after the word "officers," strike
out the words "now or hereafter to be appointed," and insert the words
"hereinbefore mentioned."
A. C. BLOUNT,
Ch'n House Com.
R. H. M. DAVIDSON,
Ch'n Senate Com.
Which was read, and the amendments proposed by the Committee were
adopted, and said bill placed among the orders of the day.
Mr. Canova from the Committee on Claims made the following report:
The Committee on Claims to whom was referred a bill entitled an act
for the relief of Robert C. Williams, have had the same under
consideration and ask leave to
REPORT:
That this bill is intended to reimburse R. C. Williams, the present
Comptroller, for an expenditure incurred in having the books and
accounts in his office balanced and made out, which as appears became
necessary to determine their condition and enable him to require payment
of balances due the State by Sheriffs and collection officers that had been
neglected since the year 1845.
Your committee find that upon said examination, balances exceeding
one hundred thousand dollars were found to be due, some of which have
been collected, and the balance is in process of settlement.
The services employed by said R. C. Williams, for which relief is
claimed, was unauthorized by any legislative enactment, but in view of the
good accomplished by the investigation, your committee report the bill
without amendment and recommend its passage.
All of which is respectfully submitted,
A. A. CANOVA, Chairman.
Which was received and read and the accompanying bill placed among
the orders of the day.
Mr. Pooser from the Committee on Propositions and Grievances made
the following report:
The Committee on Propositions and Grievances, having under
consideration a petition signed by M. P. de Rioboo, in behalf of himself
and R. J. Tennant, Justices of the Peace in Escambia county, who having
held a court for the trial of Sarah, (a slave,) the property of Miss
Abercrombie, arrested upon the charge of arson; and upon having met
on four separate days for said trial, the result of which, said slave was acquitted. The petitioners
therefore pray, that all additional fee of five dollars per day be allowed
them for said services by the General Assembly over and above that
allowed by law. We, the committee, upon careful examination of all the
circumstances of the case, have come to the conclusion that it would be
unwise to grant the prayer of the petitioners, and therefore recommend
that it do not pass.
JACOB H. POOSER, Chairman.
Which was read and the accompanying bill placed among the orders of
the day.
Also the following:
The Committee on Propositions and Grievances, having before them a
bill to be entitled an act for the relief of Frederick Leanders, a constable of
Duval county, for services rendered summoning the defaulting militia
before a Justice of the Peace for trial, and in accordance with the militia
bill passed A. D., 1859. The petitioner having received no compensation
for his services as a lawful officer, applies to the General Assembly to be
paid the fees he considers due him for said services. After duly considering
all the bearings of the case before us, we do hereby recommend that the
bill do not pass.
JACOB H. POOSER, Chairman.
Which was read, and the accompanying bill placed among the orders of
the day.
The following message was received from the Senate, viz:
SENATE CHAMBER,
Dec. 4, 1861.
To Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The Senate has this day passed the following resolution, viz:
Resolution for the relief of Richard E. Frier.
Also the following resolution has this day been laid on the table, viz:
Resolution in relation to the election of Comptroller, &c.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Which was read and the Senate resolution placed among the orders of
the day.
ORDERS OF THE DAY.
Senate bill to be entitled an act authorizing the County Commissioners
of the several counties of this State to levy a specific tax for the relief of soldiers' families,
A Committee from the Senate, consisting of Messrs. Baldwin, McCall
and Jones waited upon the House, and returned to the House a House
resolution, concerning Treasury Notes and the signing of the same, with
a Senate substitute therefor, and requested the concurrence of the House
in said substitute.
A bill to be entitled an act for the relief of R. Saunders, sheriff of Leon
county,
Was read the third time and put upon its passage, upon which the
vote was:
On motion of Mr. Means, the rules being waived, the House
resolution and Senate amendments thereto, concerning the Treasury
Notes and the signing of the same, was taken up and Senate amendments
concurred in.
A bill to be entitled an act for the relief of P. and H. Peterman,
Was read the first time and ordered for second reading on to-morrow.
Senate bill to be entitled an act to fix the salary and require additional duties to be performed by the Governor's Private Secretary,
and for other purposes,
Was read the third time and put upon its passage, upon which the
vote was:
The following reports of the Quartermaster and Adjutant and Inspector Generals were transmitted to this House by his Excellency the Governor, intended as accompanying documents of his message on Military Affairs:
TALLAHASSEE, Nov. 21, 1861.
His Excellency JOHN MILTON, Governor of Florida:
Sir: The following statement shows the receipts and disbursements
of the Quartermaster General's Department from the first
of May, the time I entered upon the duties of the office, up to the present
time. There are still many accounts unsettled from different posts
which have been delayed for the want of funds to
pay them; and as they are still accruing, it is impossible to arrive at the
amount that will be necessary to liquidate them.
I have besides made contracts for corn to be delivered, which will
require from ten to fifteen thousand dollars within the ensuing month.
Some of the items in the transportation and equipment accounts were
made prior to the first of May, by the Agents of the State for
transporting the 1st Regiment of Florida Volunteers to Pensacola, and
for a portion of their equipments.
The following items embrace the expenditures and the credit show
the amounts received and from whom:
Amount from State Treasury, . . . . . 11,703 65----$80,703 65
DISBURSEMENTS:
For Equipments, . . . . . $25,772 85
" Transportation, . . . . . 7,664 48
" Subsistence, . . . . . 30,055 83
" Guns and Ammunition, . . . . . 6,605 83
" Batteries, . . . . . 621 50
" Hospital, . . . . . 941 76
" Incidental, . . . . . 4,131 03
" Paymaster, . . . . . 13,481 13----$89,274 41
The discrepancy between the amount received and amount paid
out is owing to the fact that a portion of the amount has been
receipted for upon the certificates of indebtedness issued from
this Department, and consequently requires funds to liquidate
them.
I have received reports from Assistant Quartermasters from several
posts, but too late to examine them and embrace them in this report. I
will examine them at an early day and submit the report to your
Excellency.
Very respectfully,
Your obedient servant,
H. V. SNELL,
Quartermaster General.
ADJUTANT AND INSPECTOR GENERAL'S OFFICE,
Tallahassee, November 24, 1861.
To his Excellency JOHN MILTON, Governor of Florida:
In obedience to instructions from your Excellency, I
have the honor to make the following report on the affairs of this office:
On taking the oath of office on the 8th of October ultimo, I at once
entered on the duties of Adjutant and Inspector General. My
predecessor not being present to deliver me the office and its archives, I
was directed by yourself to take charge of certain papers supposed to belong to it, since which time I have devoted all my energies to the task of reducing them to some intelligible shape, but with the pressing daily duties, with but partial success. I find the militia returns both incomplete and defective, amounting to almost an entire suspension as will appear from the following, as constituting
the list of returns and muster rolls on file, to wit:
The muster roll of the 3d Reg't, First Division, . . . . . 293 men.
" " " " " 7th " " " . . . . . 722 "
" " " " " 8th " " " . . . . . 432 "
" " " " " 19th " Second " (one co.) 64 "
" " " " " 20th " " " . . . . . 571 "
In addition to the above, there is a muster roll of one company of the 4th
Regiment, First Division, and two of the 5th Regiment of the same
division. These constitute the militia returns out of the twenty-one regiments into which the State is divided.
In addition to the above, there are lists and muster rolls of
volunteer companies to the number of (40) forty.
Whether these companies are still in existence as organizations
or not, this office has no certain information, but it is believed
that many of them have dissolved, and the men and officers have
joined other companies that have been raised and mustered into
the Confederate or State service. The militia organization I
consider as defunct, a thing that has been, but exists no longer.
a fact, it cannot exist by the side of the volunteer system in
times like these now pressing on us, and in a country as sparsely
populated as is our State, at least a large portion of it.
There was one regiment of cavalry in the Middle District, fully
organized but a short time since, and doubtless some of the
companies still keep up their organizations, but at the same time it
is questionable whether this regiment could be made available beyond
neighborhood service without great detriment to the agricultural prosperity of the country. There is, likewise, a regiment of cavalry in West Florida. This is but partially organized according to the returns in this office. We have now in the service of the Confederate States four regiments of volunteers: one
at Pensacola, under the command of Col. J. P. Anderson, another in Virginia commanded by Col. Geo. T. Ward, the third under Col. W. S. Dilworth, stationed as follows: Six
companies on Amelia Island, one company at Fort Leitner at the entrance of Nassau river, one company at the mouth of St. Johns river at Fort Steele, and two companies at St. Augustine; the fourth regiment, commanded by Col. Edward Hopkins, with five companies on Amelia Island, two at Cedar Keys, two
at Tampa Bay, and one at Manatee. Two of these companies, McGee's and Sheffield's, did not originally constitute a portion of this regiment, neither did they participate in the election of field officers, but were assigned to it after the election. The strength of these regiments cannot be ascertained at this office, as their returns are made to the Confederate Government. In addition to this force, the Confederate authorities have called for one thousand men for the war, to be received by companies and placed in camps of instruction. There has been but little progress made in raising this force. The rage for cavalry service for some time past has put a stop entirely to the raising of infantry. But as it has been decided to receive no more cavalry, it is believed but a short time will elapse before this regiment will be prepared for presentation to the Secretary of War. This regiment should recommend itself particularly to our people, as it is intended that it shall constitute the reserve army, should the war continue beyond the time for which many of our troops have entered the service. It is also intended to instruct them in the art of war, that they may, when called to act, find themselves on an equal footing with the enemy in point of discipline. In war, it is but seldom that undisciplined troops have been able to cope successfully with disciplined. The instances of success are but exceptions. Unfortunately many of our people have formed their ideas of war from experience derived from our Indian wars, and are of opinion that there is little necessity for subordination or discipline--that it is all hunting, and in a fight, each man on his own hook, our people are invincible. This will be found to be a grave error, as all experience teaches us that such mode of warfare, however proper and necessary in certain contingencies, a commander should always be in a condition to mass his men and be able to act in a solid body when the emergency arises, as inevitably will be the case when opposed to disciplined troops. In addition to these, there have been partially organized two regiments of infantry under the act of the General
Assembly "for reorganizing the militia forces of the State"--(see sections 23 and 24)--styled the "Home Guard." They are to receive pay, say only from the date of being ordered into service, which service is to continue for six months, unless sooner discharged.
On the first of August, certain companies were named, by orders from this office to constitute these regiments. The election
of field officers was ordered to be held on the 22d August The returns from this election are exceedingly imperfect. The returns of several companies assigned to these regiments are not in this office: whether they ever held the election or not I cannot say. The field officers have been commissioned, except the Colonel
of the First Regiment. The gentleman elected on the 22d August having declined, an election was ordered to take place the 21st October, to fill the vacancy. The returns of but seven companies have as yet been received, therefore no commissions have been issued.
I feel it my duty to state that from information, both official and otherwise, that the companies of these regiments, except those that have been called into service, have become mostly disorganized by the
men leaving and joining companies that were going into immediate service. This is, doubtless, the reason why the returns of the election have not been made. I, therefore, view these regiments as a failure ,and would suggest that portions of the act under which they were required to be organized be repealed or so modified as to require them to be mustered to service, either as regiments or by companies, and the field officers appointed by the President or the Governor when organized into regiments for either Confederate or State service, this being the only means by which the organization can be kept up and made efficient.
There are now in the State service the following companies
belonging to these regiments, to wit: At Apalachicola, under the
command of Col. R. F. Floyd, the companies commanded by Captains Gregory, Scarborough, Hamilton, McAllister, Grace and Attaway, of the First Regiment of State Guards. Colonel Floyd has in addition Capt. Dunham's company of artillery, Captains Hartsfield's and Irwin's of infantry , Captains Smith's, Thigpen's and McMillan's companies of cavalry for guarding St. Andrews' and St. Joseph's Bays. The last named companies have not been assigned to any regiments, but one company of the Second Regiment of State Guards has been called into service, to wit: Capt. Bailey's in charge of the battery at the St. Marks Hospital. Capt. Hendry's company, not assigned to an any regiment, is in charge of the
coast from East river to Auscilla Bay. These are all the troops in the State service as far as this office is informed. In reference to the arms and ammunition belonging to the State, as to their numbers or quality, there is no means at present in this office of ascertaining or how or to whom they have been issued. The short period since my entrance
on the duties of this office must be my excuse for the meagreness
of this report.
I am, respectfully,
Your obedient servant,
F. L. DANCY,
Adjutant and Inspector Gen'l.
(SUPPLEMENTAL REPORT.)
ADJUTANT GENERAL'S OFFICE,
TALLAHASSEE, November 28th, 1861.
To his Excellency JOHN MILTON, Governor of Florida:
SIR--I find the following summary of the report of Hugh Archer,
Quartermaster General, under date of November 20th, 1860 The following
list of ordnance and small arms belonging to the State of Florida, and
their distribution, to-wit:
(4) four Brass pieces of Ordnance, six pounders, carriages , &c.
259 old flint and steel Muskets.
121 old Hall's Rifles and accoutrements.
348 old flint and steel Pistols.
61 Muskets.
(3 Rifles and 11 Pistols,) broken.
333 percussion Rifles and appendages.
56 sets of accoutrements in good condition.
252 rifle Muskets and appendages in good condition.
60 sets of rifle musket accoutrements.
These were distributed as follows:
60 rifle Muskets and appendages and accoutrements to the Leon Rifles.
60 do do to Perry Guards at Tampa.
60 do do to Pensacola Guards.
60 do do to Island Guards, Key West.
60 percussion Rifles to Quincy Academy.
57 do do to Jacksonville Light Infantry.
35 do do to late Florida Riflemen, Tallahassee.
60 do do to D. P. Holland, for Calhoun County war.
By the report of Col. Floyd, in command at Apalachicola, dated
November 13th, 1861, there are six batteries at that place--in the first
battery there are two short 32 pounders; in No 2, two 24 pounders; in
No. 3, one rifle 32 pounder; in No. 4, two long 32 pounders; in No. 5, one
rifle 32 pounder; in No. 6 two 32 pounders, besides three 18 pounders not
in battery.
By the report of Col. I. V. Garnie, Aid-de-Camp, there are at
St. Augustine sixty Muskets in possession of Judge B. A. Putnam; (40)
forty Hall's Carbines in possession of James R. Sanchez, and two small
swivel guns for boat service and a few sabres in Fort Marion. He also
reports (5) five guns mounted at Fort Steele, at the mouth of the St.
Johns river, and some State arms in possession of Col. Timanus at
Fernandina, number not known. Also (80) eighty Muskets in the hands of the Mayor of Jacksonville.
Which is respectfully submitted and should accompany my report of the
24th instant.
Respectfully, your obedient servant,
F. L. DANCY, Adjutant and Inspector General.
On motion, said reports were referred to the same committee as said
special message of his Excellency the Governor on Military Affairs
was referred to.
Senate bill to be entitled an act to repeal the 8th section of an act still
further defining the duties of the Trustees of the Internal Improvement Fund, approved Feb'y 14, 1861, read the second time and ordered for a third reading on
to-morrow.
Senate bill to be entitled an act to prevent persons from penning
cattle without the consent of the owners of such cattle,
Was read the second time.
Mr. Vogt offered sundry amendments to said bill;
Which were adopted.
On motion, the rule was waived, and said bill read the third
Time by its title, and put upon its passage, upon which the vote
was:
A bill to be entitled an act making uniform the rate of interest
in this State,
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
Senate bill to be entitled an act to suspend the operation of so much of
sections six and eleven of the general banking laws of this State, approved Jan'y 8, A. D. 1853, as refers to the sale of securities in the hands of the Comptroller,
Was read the first time and ordered for a second reading on to-morrow.
On motion, the rule was waived, and a committee of three was appointed, consisting of Messrs. Holland, Williams and Coffee to wait upon the Senate and invite them to attend the reception of Gen. Trapier and Staff in the Hall of the House at 12 M.
A committee from the Senate, consisting of Messrs. Brokaw, Magbee,
and Abercrombie, waited upon the House and informed them that the Senate had accepted the invitation of the House to attend the reception of Gen. Trapier and Staff.
A bill to be entitled an act to amend an act entitled an act to organize the county of Polk from the counties of Hillsborough and Brevard,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an act to extend the jurisdiction of Justices of the
Peace in this State.
Was read the second time, and ordered to be engrossed for a third
reading on to-morrow.
At 12 o'clock, M., the Senate being in the Hall of the House of
Representatives, Gen. Trapier and Staff, in pursuance of invitation,
entered the Hall of the House, and by invitation of the Speaker took a
seat within the bar of the same.
The Senate then retired to the Senate Chamber.
On motion, the House took a recess until 3 o'clock, P. M.
3 O'CLOCK, P. M.
The House resumed its session--a quorum present.
A bill to be entitled an act to provide for the payment of the
War Tax to be assessed upon and collected from the citizens of this State,
Was read the second time.
Mr. Holloman offered the following amendment:
Strike out the month of "May" and insert the month of "December;"
Which was adopted.
Mr. Holland offered the following amendment:
Strike out all after the enacting clause and insert "that the Governor be
and be is hereby empowered to borrow, at reasonable interest, and to give
the bonds of this State as security, such sums of money as may be
necessary to pay the portion of the State of Florida, denominated the
War Tax for the support of the Confederate States;"
Said bill was then ordered to be engrossed for a third reading on
to-morrow.
The hour having arrived for the meeting of the House and Senate in
Joint Meeting, in pursuance of a resolution adopted by both Houses, on
motion of Mr. Canova, a committee consisting of Messrs. Canova,
Bloxham and Campbell were appointed to wait upon the Senate and
inform them that the House was now ready to go into the election of
Confederate Senators.
After a short absence, said committee returned to the bar of the House
and reported that they had ascertained from the Secretary of the Senate
that that body had adjourned, and would not be in session until to-morrow
morning, 10 o'clock, and were discharged.
On motion, the rule was waived, and Mr. Canova offered the following
resolution:
WHEREAS, Under a joint resolution adopted by both Houses of the
General Assembly, to proceed to a ballot daily, at three
and a half o'clock, P. M, for the purpose of electing two Confederate States Senators: And whereas, The Senate, by its adjournment until to-morrow, 10 o'clock, A. M., have virtually rescinded said resolution; therefore--
Be it resolved, That this House will take no further initiative action
touching the subject, but will await the action of the Senate in the
premises.
Which was adopted.
Mr. Holloman, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills ask leave to report the following
resolution as correctly enrolled, viz:
A resolution concerning Treasury Notes and the isuing the same.
D. W. HOLLOMAN.
Which was read.
Mr. Scott, from the Committee on Egrossed Bills, made the following
report:
The Committee on Engrossed Bills, report the following bills as
correctly engrossed, viz:
The following message was received from his Excellency the Governor,
and read:
EXECUTIVE CHAMBER,
Tallahassee, December 5, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR:--I have approved and signed the following bills, viz:
An act to facilitate the collection of Taxes by the city of Pensacola, and
to amend an act entitled an act more fully defining the duties of Tax
Assessors and Collectors for the city of Pensacola, approved December
21, 1859.
An act to authorize the Circuit Courts of this State to grant licenses for
building toll bridges, and for other purposes.
An act relative to taxation.
An act to repeal the third section of an act amendatory of the act of
1845, concerning roads and highways.
An act to amend an act permanently to locate the county site of Volusia county.
An act to establish and permanently locate the county site of Manatee
county.
Very respectfully,
JOHN MILTON.
The following message was received from the Senate:
SENATE CHAMBER,
December 5, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The Senate has this day passed the following bills, viz:
A bill to be entitled an act to authorize the Banks of this State to
transfer their assets and place of business;
A bill to be entitled an act defining what shall be considered
solvent Bank Bills in the payment of public dues to this State;
also,
A bill to be entitled an act to authorize the Governor of this
State to accept troops from the States of Georgia and Alabama.
Very respectfully,
JOHN B. WHITEHURST,
Secretary of the Senate.
Which was read, and the accompanying bills placed among
the orders of the day.
Also the following:
SENATE CHAMBER,
December 5, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR:--The Senate has this day rescinded the following resolution,
viz:
Resolution in relation to going into the election of Confederate
States Senators, at half-past three o'clock, P. M. from day to
day, until an election shall be effected.
Very Respectfully,
JOHN B. WHITEHURST,
Secretary of Senate.
Which was read.
Also the following:
SENATE CHAMBER, Dec. 5, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The Senate has this day passed the following bill, viz:
House bill to be entitled an act to provide for appeals from the
decisions of the Mayor or other officers of municipal corporations.
Very respectfully,
JOHN B. WHITEHURST Secretary of the Senate.
Which was read and the bill ordered to be enrolled.
Also the following:
SENATE CHAMBER, December 5, 1861.
HON. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR:--The Senate has this day passed the following bills,
viz:
House bill to be entitled an act to authorize the city of Pensacola
to subscribe to certain Railroad stock, with amendments;
A bill to be entitled an act to regulate sale days for property
levied upon by constables by virtue of executions issued by the
Judge of Probate, ex-officio Justice of the Peace for Santa Rosa
county;
A bill to be entitled an act to reduce the pay of Surgeon General;
A bill to be entitled an act to change the mode of appointing
Constables; also,
A bill to amend the 5th section of an act to provide for the
issue of Treasury Notes, approved Feb'y 14, 1861.
Very respectfully,
JOHN B. WHITEHURST, Secretary of the Senate.
Which was read and the accompanying bills placed among the
orders of the day.
Also the following:
SENATE CHAMBER, December 5, 1861.
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR: The Senate has this day passed the following bills and
resolution, viz:
House bill to be entitled an act to change the name of New
River county in this State to that of Bradford, in honor of the
memory of the late Captain Richard Bradford, of this State, and
for other purposes;
House bill to be entitled an act to unite the offices of Judge
of Probate and Clerk of the Circuit Court in Clay county;
House bill to be entitled an act to amend an act approved
Feb'y 10, 1831, concerning the public health;
House bill to be entitled an act providing for a stay of executions
in this State, with amendments; also,
Resolution for the relief of John A. Vaughn, Sheriff of Holmes
county.
Very respectfully,
JOHN B. WHITEHURST, Secretary of the Senate.
Which was read, and the House bills which had passed the
Senate ordered to be enrolled, and the Senate resolution placed
among the orders of the day.
The following communication was received from the Treasnrer,
and read:
Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:
SIR--I herewith submit the information asked for in Hon. Mr.
Vann's resolution of the 4th inst., so far as the business to which
it refers has been transacted by this Department.
The information as to what amount the State was indebted can
be more fully given by Gov. Perry, who was the officer charged
with the business.
Gov. Perry's drafts accepted by me will be due 1st January,
1862, in favor of Bank of Charleston for . . . . . $60,100 00
People's Bank, at Charleston, . . . . . 77,683 67
Also one due 1st February, 1862, in favor of the
Bank of Newberry, S. C., . . . . . 52,000 00
And I am informed by him that the balance due
the Merchant's and Planter's Bank of Savannnh
is in the form of a note given by him for
about . . . . . 20,000 00
I have received the sum of Fifty Thousand Dollars in Confederate
Treasury Notes, under the act of Congress referred to, for
which I delivered the same amount of State Bonds issued under
Convention Ordinance 34, and have disbursed this money under
orders of the Executive, (under Convention Ordinance 46 for
Equipment of Forces,) the greater part for contracts made by
former Executive.
The proposition as contained in Gov. Perry's letter has not yet
been made to the Banks from this office.
Respectfully,
C. H. AUSTIN, Treasurer.
The House bill to be entitled an act to authorize the city of
Pensacola to subscribe to certain Railroad stock, as returned by
the Senate with amendments, was taken up, and said amendments
concurred in by the House, and the bill as amended ordered
to be enrolled.
The House bill to be entitled an act to provide for a stay of
executions in this State, as returned by the Senate with amendments,
was taken up, and the House refused to concur in the
first and second Senate amendments, but concurred in the third
amendment, which action of the House was directed to be communicated
to the Senate.
On motion, the House adjourned until tomorrow morning, 10
o'clock.
The House met pursuant to adjournment--a quorum present.
The Rev. Mr. Blake officiated as Chaplain.
On motion of Mr. Bloxham, the reading of the journal of yesterday's
proceedings was dispensed with.
In pursuance of previous notice, Mr. Canova introduced a bill
to be entitled an act to amend the charter of incorporation of the
city of Jacksonville, approved Jan'y 13, 1859;
Which was placed among the orders of the day.
Mr. Means presented the following memorial of Thomas Orman,
of Franklin county:
To the Hon. Speaker and Members of the House of Representatives:
The memorial of the undersigned, Thomas Orman, who claims
to be the representative of the county of Franklin, elected to
fill the vacancy caused by the following acts of Col. D. P. Holland,
who is now occupying said seat of the county of Franklin,
in your honorable body: as a member, against the expressed will
of the people of said county,
First. That his having accepted and acted in the office of Adjutant
and Inspector General of the State, disqualified him by law.
Second. That he has been for several months removed from
the county of Franklin, with his family, goods and effects, and
is now residing beyond the limits of said county, and as understood,
is now residing with said family, goods and effects at
Fernandina, in the county of Nassau. For which reasons, your
memorialist contesting the seat at present occupied by said D.
P. Holland, asks in behalf of said people, that he be removed
from said seat, and that said seat be declared as of right to be
held and occupied by your memorialist as the member elect, and
last from the people of said county of Franklin.
And your memorialist will, as in duty bound, ever pray.
THOMAS ORMAN.
TALLAHASSEE, Dec. 6, 1861.
Which was read and referred to the Committee on Elections.
Mr. Holloman from the Committee on Enrolled Bills, made
the following report:
The Committee on Enrolled Bills ask leave to report the following
bills as correctly enrolled, viz:
An act to unite the Offices of Judge of Probate and Clerk of
Circuit Court in Clay county;
An act to amend an act, approved Feb'y 10, 1831, concerning
the Public Health;
An act to provide for appeals from the decision of the Mayor
or other officers of Municipal Corporations;
An act to authorize the city of Pensacola to subscribe to certain
Railroad Stock;
An act to change the name of New River county in this State
to that of Bradford, in honor of the memory of the late Captain
Richard Bradford of this State, and for other purposes.
D. W. HOLLOMAN, Ch'n.
Which was read.
Mr. Blount, from the Committee on the Judiciary, made the
following report:
The Joint Committee on the Judiciary to whom was referred
a bill to be entitled an act to suspend the operation of an act
entitled an act to provide for the payment of the Florida Volunteers
and others, who have not been paid for services actually
rendered the State of Florida in the last war with the Seminole
Indians, approved February 8th, 1861, have had the same under
consideration, and ask leave to report the same back to the House
with the accompanying amendments, and recommend its passage.
R. H. M. DAVIDSON, Ch'n Senate Com.
A. C. BLOUNT, Ch'n House Com.
AMENDMENTS RECOMMENDED BY THE JOINT JUDICIARY COMMITTEE:
SEC. 3. Be it further enacted, That the Governor be, and he
is hereby authorized and required to appoint three Commissioners,
to be paid a salary at the rate of two thousand dollars per
annum, together with an allowance of all necessary travelling expenses,
whose duty it shall be to proceed to the counties wherein
the claimants aforesaid reside or have resided, and there to make
investigation of the frauds alleged to have been committed upon
the treasury of this State under color of the said act, approved
February 8th, 1861, as aforesaid.
SEC. 4. Be it further enacted, That the said Commissioners or
any two of them shall have full power and authority to administer
oaths, to send for persons and papers, and by writ directed
by them to the sheriff or sheriffs of any of said counties, to cause
to be brought before them any person or persons whom they
may be informed, or have good reason to suspect to have been
engaged in the perpetration of the frauds aforesaid, or who may
be able to testify as witnesses to the perpetration of said frauds.
SEC. 5. Be it further enacted, That the said Commissioners
or any two of them, shall have full authority to examine the
books and records of the Treasurer and Comptroller of this State,
together with any or all the officers of this State, touching the
frauds alleged to have been committed as aforesaid.
SEC. 6. Be it further enacted, That said Commissioners shall
be empowered and it is hereby made part of their duty to inquire
into the manner in which the evidence establishing the
claims passed by the Comptroller was taken, whether the papers
purporting to be signed in presence of officers named
therein, were so signed, and whether any officer of this State
has received any compensation for taking any testimony, or attesting
the signature of any affidavit, or for the passing of any
amount, to which he was not entitled by law, and in case they
shall find any officer to have been guilty of malpractice or malfeasance
in office, they shall report the same with all the evidence
connected therewith, if such malpractice or malfeasance shall have
been committed by a county officer, to the Solicitor of the Circuit
in which such officer shall reside, or in which the same
shall have been committed, and if by an officer of the State to
the Attorney General, and it shall be the duty of the Attorney
General in case said Commissioners shall report any State officer
as having been guilty of malpractice or malfeasance in office,
to proceed against said officer or officers in accordance
with law.
SEC. 7. Be it further enacted, That the said Commissioners
shall keep a full and accurate record of all their proceedings in
the examinations and investigations aforesaid, and shall record
all the testimony received by them upon such examination and
investigation, and upon the completion of the examination of each
case, and the recording of the testimony in the same, shall make
a full and perfect transcript of said record and place the same in
the hands of the Solicitor of the State within whose district the
said frauds shall have been committed, whose duty it shall be
immediately to institute suit in behalf of the State for the recovery
of the money thus fraudulently obtained, and to take and
adopt such further measures for the arrest and punishment of
the persons aforesaid, by indictment, as may be necessary to
obtain that end.
SEC. 8. Be it further enacted, That the transcript of the record
aforesaid, duly certified by any two of said Commissioners,
shall be prima facie evidence of the guilt of the person or persons
charged therein, and that other or further evidence
shall be required by the Judge Justice before whom such
person or persons may be brought, to authorize him or them
to commit such person or persons to prison, or to hold such
person or persons to bail to answer the charge aforesaid before
the Circuit Court of the county in which said fraud or frauds are
alleged to have been committed.
SEC. 9. Be it further enacted, That in the suits and criminal
prosecutions hereinbefore authorized to be instituted and commenced,
no exception to the declaration or other proceedings
therewith connected, or to the indictment or other proceedings
therewith connected, shall be taken or allowed, provided that
the makers embracing the complaint in the civil cases, and the
charge in the criminal cases are respectively and substantially
set forth.
SEC. 10. Be it further enacted, That in every case in which
judgment shall be rendered for the State for any sum or sums
of money found to have been fraudulently obtained from the
Treasury as aforesaid, an execution for the same shall forthwith
be issued and levied upon the goods and chattels, lands and tenements,
of the defendant, and upon thirty days public notice being
given, the said goods and chattels, lands and tenements shall
be sold for cash to satisfy the same, any stay law or sales day
law to the contrary notwithstanding.
SEC. 11. Be it further enacted, That upon the conviction of
any person or persons upon indictment as aforesaid, such person
or persons shall be fined or imprisoned at the discretion
of the Court.
SEC. 12. Be it further enacted, That in every case in which
Judgment shall be obtained on behalf of the State, or a conviction
may be had upon an indictment under this act, the Solicitor
shall be allowed a fee of twenty dollars, to be taxed as a
part of the costs against, and to be paid by the defendant.
SEC. 13. Be it further enacted, That this act shall be so construed
by the Courts of this State as to further effectuate
it
