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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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First edition, 1999
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Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
1999.

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Library of Congress Subject Headings, 21st edition, 1998

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Title Page


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.


Page 3

JOURNAL

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:

        Messrs. Blount, Carter, Cole, Hull, Howell, Lee, Love, Means, Newburn, Oliver, Parker, Pooser, Russell, Scott, VanZant and Williams--16.

        No quorum present.

        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:

        Messrs. Blount, Bloxham, Campbell, Carter, Cole, Howell,


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Holloman, Hull, Lee, Love, Newburn, Oliver, Parker, Pooser, Robinson, Russell, Scott, Seward, Vann, Vanzant and Wall--22.

        A quorum not being present, the House then, upon motion of Mr. Cole, took a recess until 12 o'clock, M.

12 O'CLOCK, M.

        The House resumed its session.

        The roll being called, the following members appeared and answered to their names, viz:

        Messrs. Blount, Bloxham, Campbell, Coffee, Cole, Haddock, Howell, Holloman, Hull, Lee, Love, Means, Oliver, Parker, Pooser, Robinson, Russell, Scott, Seward, Vann, Vanzant and Wall--22.

        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:

        Messrs. Blount, Bloxham, Canova, Campbell, Carter, Coffee, Cole, Haddock, Howell, Holloman, Hull, Lee, Love, Means, Newburn, Oliver, Parker, Pooser, Robinson, Russell, Scott, Seward, Vann, VinZant and Wall--25.

        So their was a quorum present.

        On motion, Mr. Russell of Jefferson county took the chair.

        The House then upon motion, proceeded to effect its organization by going into the election of Speaker.

        Nominations being announced in order by the chair, Mr. VanZant nominated Mr. Russell of Jefferson.

        Mr. Means nominated Mr. Love of Gadsden.

        Mr. Russell having declined being a candidate, and his name


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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


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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


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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


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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.


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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


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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


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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,


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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


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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


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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


Page 15

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


Page 16

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


Page 17

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.


Page 18

        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


Page 19

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


Page 20

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


Page 21

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


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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


Page 23

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


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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


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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


Page 26

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,


Page 27

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,


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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


Page 29

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


Page 30

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.

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(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.


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WEDNESDAY, November 20, 1861.

        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.


Page 33

        Mr. Lee offered the following resolution:

        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.

        All of which is respectfully submitted.

W. D. BLOXHAM, Chairman.

C. C. COFFEE,

A. C. BLOUNT,

J. H. POOSER,

A. A. CANOVA.



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        Which was read and adopted.

        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


Page 35

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.


Page 36

        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:

        

STANDING COMMITTEES OF THE HOUSE.


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Page 38


        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,


Page 39

        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;

        Which was agreed to.


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        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


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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


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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.


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        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.


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        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:

        Yeas--Mr. Speaker, Messrs. Blount, Bloxham, Carter, Coffee, Cole, Holloman, Hull, McCormick, Means, Oliver, Scott, Stewart, Vann, VanZant and Yon--16.

        Nays--Messrs. Broxson, Canova, Campbell, Dansby, Haddock, Howell, Lee, McKinnon, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Seward, Wall and Wells--19.

        So the motion was lost.

        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:

        Yeas--Mr. Speaker, Messrs. Dansby, Hull, Means, Russell, Stewart, Vann, VanZant and Yon--9.

        Nays--Messrs. Blount, Bloxham, Broxson, Canova, Campbell, Carter, Coffee, Cole, Haddock, Howell, Holloman, Love, McCormick, McKinnon, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Scott, Seward, Wall and Wells--26.

        So the motion was lost.

        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:

        Yeas--Mr. Speaker, Messrs. Bloxham, Carter, Coffee, Cole, Haddock, Holloman, Hull, McCormick, Means, Oliver, Scott, Stewart, Vann, VanZant and Yon--16.

        Nays--Messrs. Blount, Broxson, Canova, Campbell, Dansby, Howell, Lee, McKinnon, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Seward, Wall and Wells--19.

        So the motion was lost.

        The following message from the Senate was received and read:

SENATE CHAMBER,
Nov. 22, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR: The Senate has this day passed a bill to be entitled an act for the relief of John Kelker and others, inhabitants of Santa Rosa County.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


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


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        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:

        Yeas--Messrs. Parker, Russell and VanZant--3.

        Nays--Mr. Speaker, Messrs. Blount, Bloxham, Broxson, Canova, Campbell, Carter, Coffee, Cole, Dansby, Haddock, Howell, Holloman, Hull, Lee, McCormick, McKinnon, Means, Newburn, Oliver, Peterson, Pooser, Price, Richardson, Robinson, Seward, Stewart, Vann, Wall, Wells and Yon--31.

        So the motion was lost.

        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


Page 46

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


Page 47

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


Page 48

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.


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        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.


Page 50

        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.


Page 51

        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.


Page 52

        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:


Page 53

        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.


Page 54

        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.


Page 55

        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


Page 56

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:

        Yeas--Mr. Speaker, Messrs. Blount, Bloxham, Broxson, Campbell, Coffee, Dansby, Haddock, Howell, Lee, McCormick, McKinnon, Newburn, Parker, Pooser, Price, Richardton, Robinson, Russell, Scott, Seward, Stewart, Wall, Wells, Vogt and Yon--26.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to facilitate the collection of taxes by the City of Pensacola,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Blount, Bloxham, Broxson, Campbell, Coffee, Dansby, Haddock, Holland, Lee, McCormick, McKinnon, Newburn, Oliver, Parker, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward Stewart, Wall, Wells, Vogt and Yon--27.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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,


Page 57

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.


Page 58

MONDAY, November 25, 1861.

        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


Page 59

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,


Page 60

        Was read the second time, rule waived, read a third time by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Blount, Bloxham, Broxson, Campbell, Carter, Coffee, Dansby, Haddock, Hawes, Howell, Lee, McCormick, McKinnon, Means, Mickler, Mizell, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Seward, Wall, Wells, Vogt, Williams, Yates and Yon--34.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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.


Page 61

        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.

        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


Page 62

their services more valuable than a like number of troops from any other section.


        Upon which the yeas and nays being called for, the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Carter, Collins, Holland, Howell, Lee, McCormick, Oliver, Parker, Robinson, Seward, Wall, Wells and Yon--17.

        Nays--Messrs. Bellamy, Bloxham, Broxson, Campbell, Coffee, Cole, Dansby, Haddock, Means, Mizell, Peterson, Pooser, Price, Richardson, Russell, Scott, Vogt, Williams and Yates--19.

        So the resolution was lost.

        Mr. Holland offered the following resolution:

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Blount, Carter, Coffee, Collins, Haddock, Holland, Howell, Lee, McCormick, McKinnon, Oliver, Parker, Robinson, Seward, Vann, Wall, Wells and Yon--20.

        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.


Page 63

        A bill to be entitled an act for the benefit of defendants in suit,

        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 Mayor and City Council of Tallahassee,

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act to amend an act, approved February 10, 1831, concerning the public health,

        Was read the first time, rule waived, read a second time by its title, and referred to the Committee on Propositions and Grievances.

        A bill to be entitled an act to unite the offices of Judge of Probate and Clerk of the Circuit Court in Clay county,

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act to amend an act to establish the records of the county of Columbia and for other purposes,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate bill to be entitled an act for the relief of John Kelker and others, inhabitants of Santa Rosa county,

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act to regulate the sessions of the Supreme Court of Florida,

        Was read the first time and ordered for a second 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 first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act to repeal the laws of distress rent in this State,

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

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


Page 64

TUESDAY , November 26, 1861.

        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:


Page 65

STATE OF FLORIDA, COUNTY OF GADSDEN.

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.


Page 66

        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.


Page 67

        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:


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        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Holland, Howell, Holloman, Lee, McCormick, McKinnon, Means, Mickler, Mizell, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Williams, Yates and Yon--42.

        Nay--Mr. Campbell--1.

        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 city of Pensacola to subscribe to certain railroad stock,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Holland, Howell, Holloman, Lee, McCormick McKinnon, Means, Mickler, Mizell, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Williams, Yates and Yon--42.

        Nays--None.

        So the bill passed, title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to unite the offices of Judge of Probate and Clerk of the Circuit Court in Clay 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 amend an act to establish the records of the county of Columbia, and for other purposes,


Page 69

        Was read the second time, and on motion, referred to the Committee on the Judiciary.

        Senate bill to be entitled an act for the relief of John Kelker and others, inhabitants of Santa Rosa county,

        Was read the third time, and pending the call of the roll, Mr. Amos offered a petition for John Kelker and others, relating to said bill;

        Which was read and the bill then put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Hawes, Howell, Holloman, Lee, McCormick, McKinnon, Mizell, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, Vann, Wall, Wells and Yon--30.

        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.


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        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


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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


Page 72

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.


Page 73

        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


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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.

Respectfully,

R. C. WILLIAMS, Comptroller.



Page 75

        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


Page 76

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.


Page 77

WEDNESDAY, November 27, 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.

        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


Page 78

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


Page 79

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.


        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


Page 80

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


Page 81

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.


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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:


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EXECUTIVE CHAMBER,
Tallahassee, Nov. 26, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR: I herewith submit a communication from the Register of Public Lands of this State, to which I respectfully invite your attention.

Very respectfully,

JOHN MILTON.


REGISTER'S OFFICE,
Tallahassee, Fla., Nov. 26, 1861.

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


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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


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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.


Page 86

        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,


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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


Page 88

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


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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.


Page 90

        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;


Page 91

        Which was lost.

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Holland, Howell, Holloman, Hull, Lee, McKinnon, Means, Mickler, Newburn, Oliver, Parker, Peterson, Price, Richardson, Robinson, Scott, Seward, Vann, VanZant, Vogt, Wall, Wells, Williams, Yates and Yon--40.

        Nays--None.

        So the resolution was adopted.

        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;


Page 92

        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:


Page 93

        Yeas--Messrs. Haddock, Holland, Howell, Newburn, Peterson and Wall--6.

        Nays--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Hawes, Holloman, Hull, Lee, McCormick, McKinnon, Means, Mickler, Parker, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, Wells, Vogt, Williams, Yates and Yon--34.

        So the amendment was lost.

        Mr. Russell offered the following amendment:

        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.


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THURSDAY, November 28,1861.

        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.

        Also the following:


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        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,


Page 96

        Was, on motion of Mr. Coffee, read the third time by its title and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Howell, Holloman, Hull, Lee, McKinnon, Means, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Yates, and Yon--40.

        Nays--None.

        So the bill passed--titled as stated.

        Ordered that the same be certified to the Senate.

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Howell, Holloman, Hull, Lee, McKinnon, Means, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Yates and Yon--39.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to establish and permanently locate the County Site of Manatee county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Howell, Holloman, Hull, Lee, McKinnon, Means, Mickler, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Rossett, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Yates and Yon--41.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to amend an act approved February 10th, 1831, concerning the Public Health,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Canova, Carter, Collins, Dansby, Holloman, Lee, Newburn, Parker, Pooser, Richardson, Russell, Seward Wall and Yon--19.


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        Nays--Mr. Speaker, Messrs. Broxson, Campbell, Coffee, Cole, Haddock, Hawes, Howell, Hull, McKinnon, Means, Mickler, Peterson, Price, Robinson, Scott, Vann, VanZant, Wells, Vogt and Yates--21.

        So the bill was lost.

        A bill to be entitled an act to unite the offices of Judge of Probate and Clerk of the Circuit Court in Clay County,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Holland, Holloman, Hull, Lee, McCormick, McKinnon, Means, Mickler, Newburn, Parker, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Yates and Yon--41.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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 second time and referred to the Judiciary Committee.

        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 and referred to the Judiciary Committee.

        The rule was waived, and on motion, Mr. Holland was released from the Judiciary Committee, and Mr. Peterson appointed to fill the vacancy.

        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 repeal the third section of an act amendatory of the act of 1845, concerning roads and highways.

        A bill to be entitled an act to amend an act to establish the records of the county of Columbia, and for other purposes.

        A bill to be entitled an act to amend an act permanently to locate the county site of Volusia county.

        A bill to be entitled an act to amend an act giving the State the right of peremptory challenges in criminal cases, approved February 14th, 1861.


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        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; also,

        A bill to be entitled an act to repeal the law of distress for rent in this State.

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 laws of distress for rent in this State,

        Was read the third and put upon its passage, upon which the vote was:

        Yeas--Mr. Messrs. Amos, Arendall, Bellamy, Blount, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Holland, Howell, Hull, McCormick, McKinnon, Means, Mickler, Newburn, Oliver, Parker, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Yates and Yon--39.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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 third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Blount, Carter, Coffee, Dansby, Haddock, Hawes, Holland, Holloman, McCormick, Means, Mickler, Mizell, Pooser, Richardson, Scott, Seward, Vann, Wells, Vogt and Yon--20.

        Nays--Mr. Speaker, Messrs. Arendell, Bellamy, Broxson, Collins, Cole, Howell, Lee, McKinnon, Newburn, Oliver, Parker, Price, Robinson, Russell, VanZant, Wall and Yates--19.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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 the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos,. Arendell, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Haddock, Hawes, Holland, Howell, Holloman, Hull, Lee, McCormick, McKinnon, Means, Mickler, Mizell, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell,,


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Seward, Stewart, Vann, Wall, Wells, Vogt, Williams, Yates and Yon--42.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to amend an act permanently to locate the County Site of Volusia county,

        Was read the third time and put upon its passage, upon which vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Broxson, Canova, Campbell, Carter, Coffee, Collins, Cole, Haddock, Hawes, Holland, Howell, Holloman, Lee, McKinnon, Means, Mickler, Mizell, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, Wall, Wells, Vogt, Williams, Yates and Yon--39.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The rules being waived, Mr. Holland was allowed to present a petition from sundry citizens of Orange county with an accompanying bill;

        Which was read the first time, the rules waived, read the second time by its title and referred the Committee on the Militia.

        A bill to be entitled an act to amend an act to establish the Records of Columbia county, and for other purposes,

        Was read the third time and on motion of Mr. Hull was passed over informally, the introducer of the bill not being present.

        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 third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Campbell, Carter, Coffee, Collins, Cole, Haddock, Hawes, Holland, Howell, Holloman, Lee, McKinnon, Mickler, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Seward, Vann, Wall, Wells, Williams and Yates--33.

        Nays--Messrs. Hull, Scott and Yon--3.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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.


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        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


Page 101

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.

        FOR BRUCE--Messrs. Bellamy, Blount, Bloxham, Broxson, Carter, Cole, Howell, Lee, McKinnon, Mizell, Oliver, Parker Pooser, Russell, Seward, Wall, Wells, Vogt, Williams, Yates and Yon--21.

        BLANK--Messrs. Clyatt, Coffee and Collins--3.

        Neither of the candidates having received the requisite majority , the Speaker declared there was no election.

        The House then proceeded to another ballot.

        The vote was:

        FOR BANKS--Messrs. Canova, Hull, Mickler, Newburn, Price, Richardson, Vann and VanZant--8.

        FOR GIBSON--Mr. Speaker, Messrs. Amos, Campbell, Holland, Holloman, Means, Peterson, Robinson and Scott--9.

        FOR BRUCE--Messrs. Arendell, Bellamy, Blount, Bloxham, Broxson, Carter, Coffee, Collins, Cole, Haddock, Hawes, Howell, Lee, McKinnon, Mizell, Oliver, Parker, Pooser, Russell, Seward, Wall, Wells, Vogt, Williams, Yates and Yon--26.

        BLANK--Mr. Clyatt--1.

        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


Page 102

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;

        Which was agreed to.


Page 103

        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:


Page 104

SENATE CHAMBER,
Nov. 29th, 1861.

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;


Page 105

        Which was lost.

        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:

        Yeas--Messrs. Arendell; Bellamy Blount, Broxson, Campbell, Carter, Clyatt, Coffee, Collins, Haddock, Hawes, Howell, Holloman, Hull, Lee, McKinnon, Mickler, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, VanZant, Wall, Wells, Vogt, Williams, Yates and Yon--35

        Nays--Mr. Speaker, Messrs. Amos, Canova, Holland, Means and Vann--6.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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 third time and put upou its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Blount, Broxson, Canova, Carter, Clyatt, Collins, Haddock, Hawes, Howell, Lee, MeKinnon, Means, Newburn, Parker, Pooser, Price, Robinson, Seward, Wall, Wells, Vogt, Williams, Yates and Yon--26.

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Canova, Campbell, Carter, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Howell, Holloman, Lee, McKinnon, Means, Mickler, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Russell, Seward, Vann, VanZant, Wall, Wells and Yates--34.


Page 106

        Nays--None.

        So the bill passed--title as stated.

        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:

        Yeas--Messrs. Amos Arendall, Bellamy, Blount, Broxson, Campbell, Carter, Clyatt, Coffee, Collins, Haddock, Holland, Howell, Holloman, Hull, Lee, McKinnon, Means, Mickler, Newburn, Oliver, Peterson, Pooser, Price, Richardson, Russell, Seward, Vann, Wells, Vogt, Williams, Yates and Yon--33.

        Nays--Mr. Speaker, Messrs. Canova, VanZant and Wall--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 fix the salary and require additional duties performed by the Governor's Private Secretary, and for other purposes,

        Was read the first time, the rule waived, read the second time by its title and the following amendment offered by Mr. Russell:


Page 107

        Strike out the words, "one thousand," and insert in lieu thereof the words, "six hundred."

        Mr. Holland the following substitute for said amendment as offered by Mr. Russell:

        Strike out the words "one thousand" and insert "four hundred," and wherever the words "Private Secretary" occur insert "Secretary of State."

        Upon which the yeas and nays being called, the vote was:

        Yeas--Messrs. Arendlel, Bellamy, Blount, Carter, Coffee, Collins, Hawes, Holland, Howell, Holloman, Hull, McKinnon, Newburn, Oliver, Price, Seward, Vann, Wells, Vogt, Williams, Yates and Yon--22.

        Nays--Mr. Speaker, Messrs. Broxson, Canova, Campbell, Haddock, Lee, Means, Mickler, Peterson, Pooser, Richardson, Russell, Scott, VanZant and Wall--15.

        So the substitute was adopted.

        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,


Page 108

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,


Page 109

Howell, Lee, McKinnon, Mickler, Newburn, Peterson, Richardson Russell, Seward, Wall, Yates and Yon--14. Total 19.

        PERRY--Senate 4. House--Messrs. Amos, Canova, Coffee, Collins, Holland, McKinnon, Mizell, Stewart, VanZant and Yates--10. Total 14.

        FOR PUTNAM--Senate 2. House--Messrs. Haddock and Hawes-- 2. Total 4.

        BLANK--Senate 5. House--Messrs. Blount, Bloxham, Cole, Oliver, Parker, Scott, Wells and Williams--8. Total 13.

        The President declared that there was no election, neither of the candidates having the requisite number of votes.

        The President announced nominations still in order.

        Mr. Holloman nominated Mr. A. E.. Maxwell of Escambia county.

        Mr. McQueen nominated Mr. D. C. Dawkins of Jackson county.

        The Joint Meeting then proceeded to a second ballot.

        The vote was:

        FOR WARD--Senate 8. House--Mr. Speaker. Messrs. Arendell, Bellamy, Broxson, Clyatt, Hawes, Holloman, Hull, Mizell, Newburn, Peterson, Price, Russell, Scott, Stewart and Vann--16. Total 24.

        FOR MORTON--Senate 3. House--Messrs. Amos, Howell, McCormick, Means, Richardson and VanZant--6. Total 9.

        FOR OWENS--Senate 3. House--Mr. Speaker, Messrs. Lee, McCormick, Pooser, Seward and Vogt--6. Total 9.

        FOR MAGBEE--Senate 6. House--Messrs. Broxson, Clyatt, Cole, Howell, Lee, McKinnon, Mickler, Mizell, Newburn, Oliver, Peterson, Richardson, Seward, Wall, Williams, Yates and Yon--17. Total 23.

        FOR PERRY--Senate 3. House--Messrs. Amos, Canova, Carter, Coffee, Collins, Holland, Steward, VanZant, Williams, Yates and Yon--11. Total 14.

        FOR PUTNAM--Senate 3. House--Messrs. Haddock, Hawes and Price--3. Total 6.

        FOR DAWKINS--Senate 6. House--Messrs. Canova, Campbell, Coffee, Means, Mickler, Peterson, Robinson , Vann, Wells, and Vogt--10. Total 16.

        FOR MAXWELL--House--Messrs. Arendell, Bellamy, Campbell, Carter, Cole, Haddock, Holloman, McCormick, Newburn, Robinson, Russell, Scott, VanZant and Wells--14. Total 14.

        BLANK--Senate 1. House--Messrs. Blount, Bloxham and Parker-- 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 third ballot.

        The vote was:


Page 110

        FOR WARD--Senate 8. House--Mr. Speaker, Messrs. Arendell, Bellamy, Broxson, Hawes, Holland, Holloman, Hull, Lee, Mizell, Newburn, Peterson, Price, Russell, Scott and Vann--16. Total 24.

        FOR MORTON--Senate 1. House--Messrs. Amos, Richardson and Wells--3. Total 4.

        FOR OWENS--Senate 3. House--Mr. Speaker, Messrs. McCormick, Means, Pooser, Seward, Vogt, Williams, Yates and Yon--9. Total 12.

        FOR MAGBEE--Senate 7. House--Messrs. Broxson, Clyatt, Cole, Haddock, Howell, Hull, Lee, McKinnon, Mickler, Mizell , Newburn, Oliver, Parker, Peterson, Price, Richardson, Seward, Wall, Wells, Williams Yates and Yon--22. Total 29.

        FOR PERRY--Senate 1. House--Messrs. Amos, Canova, Carter, Coffee, Collins, Holland and VanZant--7. Total 8.

        FOR PUTNAM--Senate 5. House--Messrs. Arendell, Campbell and Hawes--3. Total 8.

        FOR DAWKINS--Senate 6. House--Messrs. Canova, Clyatt,. Coffee, Collins, McCormick, Means, Mickler, Pooser, Robinson, and Vogt--10. Total 16.

        FOR MAXWELL--Senate 1. House--Messrs. Bellamy, Bloxham, Campbell, Carter, Cole, Haddock, Howell, Holloman, McKinnon, Oliver, Parker, Robinson, Russell, Scott, Vann, VanZant and Wells--17. Total 18.

        BLANK--Senate 3. House--Mr. Bloxham--1. Total 4.

        Neither of the candidates having received the requisite majority the President declared that there was no election.

        The Joint Meeting then proceeded to a fourth ballot.

        The vote was:

        FOR WARD--Senate 8. House--Mr. Speaker, Messrs. Arendell, Bellamy, Broxson, Campbell, Hawes, Holland, Holloman, Hull, Lee, Mizell, Price, Russell, Scott, Stewart, Vann and Wall--17. Total 25.

        FOR MORTON--Senate 3. House--Mr. Speaker, Messrs. Amos, Richardson and Wall--4. Total 7.

        FOR OWENS--Senate 1. House--Messrs. Dansby, McCormick, Means, Wells and Vogt--5. Total 6.

        FOR MAGBEE--Senate 8. House--Messrs. Clyatt, Howell, Lee, McKinnon, Mickler, Mizell, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Seward, Yates and Yon--16. Total 24.

        FOR PERRY--Senate 5. House--Messrs. Amos, Canova, Carter, Coffee, Collins, Haddock, Holland, Peterson, Stewart, Williams and Yates--11. Total 16.

        FOR PUTNAM--Senate 2. House--Messrs. Hawes and Means--2. Total 4.


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        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:


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        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.


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        Mr. Canova nominated M. D. Papy of Leon 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.

        FOR PAPY--Senate 4 House--Messrs. Bloxham, Canova


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Carter, Collins, Dansby, Haddock, Mickler, Oliver, Pooser, Richardson, Russell, VanZant and Williams--13. Total 17.

        FOR BLOUNT--Senate 1. House--Messrs. Arendell, Bloxham, Campbell, Clyatt, Collins, Holland, Howell, Holloman, Lee, McKinnon, Newburn, Parker, Richardson, Russell, Seward, Stewart, Vann, Wells, Yates and Yon--20 Total 21.

        BLANK--House--Messrs. Blount, Canova, Means, Robinson, Wall and Wells--6. 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.

        The Joint Meeting then proceeded to a third ballot.

        The Vote was:

        FOR WARD--Senate 7. House--Mr. Speaker, Messrs. Arendell, Broxson, Hawes, Hull, Mizell, Peterson, Price, Vann, Wall and Vogt--11. Total 18.

        FOR MORTON--Senate 1. House--Messrs. Amos, Pooser, Wall and Williams--4. Total 5.

        FOR PERRY--Senate 2. House--Messrs. Dansby, Holland, McCormick and Vogt--4. Total 6.

        FOR MAXWELL--Senate 4. House--Mr. Speaker, Messrs. Campbell, Carter, Dansby, Haddock, Holloman, McCormick, Robinson and Stewart-- 9. Total 13.

        FOR MAGBEE--Senate 7. Messrs. Broxson, Clyatt, Howell, Hull, Lee, McKinnon, Mickler, Newburn, Oliver, Parker, Peterson, Price, Seward, Stewart, Yates and Yon--16. Total 23.

        FOR PAPY--Senate 3. House--Messrs. Bloxham, Canova, Carter, Collins, Mickler, Oliver, Pooser, VanZant and Williams--9. Total 11.

        FOR BLOUNT--Senate 2. House--Messrs. Arendell, Bloxham, Campbell, Clyatt, Collins, Haddock, Hawes, Holland, Howell, Holloman, Lee, McKinnon, Mizell, Newburn, Parker, Richardson, Seward, VanZant, Wells, Yates and Yon--21. Total 23.

        BLANK--House--Messrs. Blount, Canova, Richardson, Rob Vann and Wells--6. Total 6.

        Neither of the candidats having received the requisite number of votes, the President declared there was no election.

        The President announced nominations still in order.

        Mr. Simpkins nominated G W. Call of Nassau county.

        The Joint Meeting then proceeded to a fourth ballot.

        The vote was:

         FOR WARD--Senate 7. House--Mr. Speaker, Messrs. Arendell, Haddock, Hawes, Holloman, Hull, McCormick, Mizell, Price, Stewart, Vann, Wall and Vogt--13. Total 20.

        FOR MORTON--Senate 2. House--Messrs. Amos, Bloxham, Pooser, Wall and Williams--5. Total 7.


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        FOR PERRY--House--Mr. Holland--1. Total 1.

        FOR MAXWELL--Senate 1. House--Messrs. Campbell, Carter, Dansby, McCormick, Peterson, Robinson and Russell--7. Total 8.

        FOR MAGBEE--Senate 7. House--Clyatt, Howell, I-lull, Lee, McKinnon, Means, Mickler, Newburn, Oliver, Parker, Peterson, Seward, Yates and Yon--14. Total 21.

        FOR PAPY--Senate 2. House--Messrs. Bloxham, Canova, Carter, Collins, Mickler, Oliver and Williams--7. Total 9.

        FOR BLOUNT--Senate 2. House--Messrs. Broxson, Campbell, Clyatt, Collins, Holland, Howell, Lee, McKinnon, Means, Mizell, Newburn, Parker, Richardson, Seward and Wells--15. Total 17.

        FOR CALL--Senate 12. House--Mr. Speaker, Messrs. Arendell, Dansby, Haddock, Hawes, Holloman, Pooser, Price, Richardson, Robinson, Stewart, Wells, Vogt, Yates and Yon--15. Total 27.

        BLANK--House--Messrs. Amos, Blount, Broxson, Canova, Russell, Vann and VanZant--7. Total 7.

        Neither of the candidates having received the requisite number of votes, the President declared there was no election.

        The name of M. S. Perry was withdrawn.

        The Joint Meeting then proceeded to a fifth ballot.

        The vote was:

        FOR WARD--Senate 6. House--Mr. Speaker, Messrs. Arendell, Hawes, Holland, Hull, McCormick, Peterson, Price, Stewart Vann, Wall and Vogt-- 12. Total 18.

        FOR MORTON--Senate 2. House--Messrs. Amos, Dansby, Means and Williams--4. Total 6.

        FOR MAXWELL--Senate 1. House--Messrs. Carter, McCormick Means, Robinson and Russell--5. Total 6.

        FOR MAGBEE--Senate 7. House--Messrs. Broxson, Clyatt, Howell, Hull, Lee, McKinnon, Mizell, Newburn, Oliver, Peterson, Seward, Yates and Yon--15. Total 20.

        FOR PAPY--Senate 4. House--Messrs. Bloxham, Canova, Carter, Collins, Mickler, Oliver, Pooser, Russell, VanZant and Williams--10. Total 14.

        FOR BLOUNT--Senate 2. House--Messrs. Broxson, Campbell, Clyatt, Collins, Holland, Howell, Lee, McKinnon, Mizell, Newburn, Richardson, Seward and Yon--13. Total 15.

        FOR CALL--Senate 11. House--Mr. President, Messrs. Arendell, Campbell, Dansby, Hawes, Mickler, Pooser, Price, Richardson, Robinson, Stewart, Wall, Vogt and Yates--14. Total 25.

        BLANK--Messrs. Amos, Blount, Bloxham, Canova, Parker, Vann and VanZant--7. Total 7.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.


Page 116

        The President announced nominations still in order.

        Mr. Dansby nominated Mr. C. C. Yonge of Escambia county.

        Mr. Robinson withdrew the name of A. E. Maxwell.

        Mr. Russell nominated A. E. Maxwell.

        The joint meeting then proceeded to a sixth ballot.

        The vote was:

        FOR WARD--Senate 5. House--Mr. Speaker, Messrs. Broxson, Haddock, Hawes, Hull, McCormick, Mizell, Price, Stewart, Vann and Vogt--11. Total 16.

        FOR MORTON--Senate 1. House--Messrs. Amos and Williams--2. Total 3.

        FOR MAXWELL--House--Messrs. Arendell, Canova, Carter, McCormick and Russell--5. Total 5.

        FOR MAGBEE--Senate 7. House--Messrs. Clyatt, Howell, Hull, Lee, McKinnon, Newburn, Oliver, Peterson, Seward, Yates and Yon--11. Total 18.

        FOR PAPY--Senate 3. House--Messrs. Bloxham, Canova, Carter, Collins, Holland, Mickler, Oliver, Pooser, VanZant, Wall and Williams-- 11. Total 14.

        FOR BLOUNT--Senate 3. House--Messrs. Campbell, Clyatt, Collins, Holland, Howell, Lee, McKinnon, Newburn, Peterson, Richardson, Russell, Seward and Yates--13. Total 16.

        FOR CALL--Senate 12. House--Mr. Speaker, Messrs. Arendell, Campbell, Dansby, Haddock, Hawes, Mickler, Mizell, Pooser, Price, Richardson, Robinson, Stewart, VanZant, Wall, Vogt and Yates--17. Total 29.

        FOR YONGE--Senate 2. House--Messrs. Dansby, Means and Robinson--3. Total 5.

        BLANK--HOUSE--Messrs. Amos, Blount, Bloxham, Broxson, Means, Parker and Vann--7. Total 7.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        The President announced nominations still in order.

        Mr. Russell nominated Mr. J. B. Owens, of Alachua county.

        Mr. Holland again put in nomination the name of Mr. M. S. Perry.

        The Joint Meeting then proceeded to a seventh ballot.

        The vote was:

        FOR WARD--Senate 5. House--Mr. Speaker, Messrs. Broxson, Peterson, Price, Stewart, Vann, Wall and Vogt--8. Total 13.

        FOR MORTON--Senate 1. House--Messrs, Amos, Pooser and Williams--3. Total 4.

        FOR MAXWELL--House--Mr. Carter--1. Total 1.

        FOR MAGBEE--Senate 3. House--Messrs. Broxson, Clyatt,


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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


Page 118

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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Collins, Haddock, Hawes, Holland, Howell, Hull, McCormick, McKinnon, Oliver, Parker, Peterson, Pooser, Richardson, Robinson,, Russell, Seward, Wall and Vogt--22.

        Nays--Messrs. Canova, Campbell, Carter, Lee, Mickler, Price, Vann, Williams, Yates and Yon--10.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act for the relief of the citizens of Orange county,

        Was read the second time.

        Mr. Oliver moved that the bill be indefinitely postponed;

        Which was lost.

        Said bill was then ordered to be engrossed for a third reading on Monday.

        On motion, the House adjourned until Monday morning, ten o'clock.

MONDAY, December 2, 1861.

        The House met pursuant to adjournment--a quorum present.

        The Rev. Mr. E. L. T. Blake officiated as Chaplain.

        On motion of Mr. Lee, the reading of Saturday's journal was dispensed with.

        On motion, 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 the officers and. clerks of the Land Office of the late United States;


Page 119

        Which was placed among the orders of the day.

        Mr. Canova offered the following resolution:

        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


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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


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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:


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        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


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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


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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.


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        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:


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SENATE CHAMBER,
November 30, 1861.

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.

        Nays--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Collins, Dansby, Haddock, Hawes, Lee, McCormick, McKinnon, Means, Mickler, Oliver, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, Wall, Wells, Vogt, Williams, Yates and Yon--35.

        So said motion was lost.

        Mr. Holland offered the following amendment to the above resolution:

        Amend by adding, "Provided, however, any citizens or troops may go into the Confederate service without the permission of the Governor."

        The yeas and nays were called for by Messrs. Holland and Dansby, and the vote was:

        Yeas--Messrs. Holland, Howell, Mizell, Parker, Peterson, Seward and Wall--7.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Broxson, Canova, Campbell, Carter, Collins, Dansby, Haddock, Hawes, Lee, McCormick, McKinnon, Means, Mickler, Oliver, Pooser, Price, Richardson, Robinson, Russell, Scott, Vann, Wells, Williams, Yates and Yon--28.

        So the amendment was lost.

        On motion of Mr. Blount, the resolution was read again, and he offered the following amendment:

        After "all" in first section, strike out and insert "powers not delegated to the Confederate States by the constitution, nor


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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:

        Yeas--Messrs. Broxson, Canova, Campbell, Carter, Dansby, Holland, Lee, McCormick, McKinnon, Mickler, Oliver, Parker, Pooser, Price, Richardson, Vann, Wall, Vogt, Williams and Yates--20.

        Nays--Mr. Speaker, Messrs. Amos, Arendell, Bloxham, Collins Cole, Hawes, Howell, Means, Peterson, Robinson, Russell, Scott, Seward, Wells and Yon--16.

        So the resolution was adopted.

        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.


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3 O'CLOCK, P. M.

        The House resumed its session--a quorum present.

        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.


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        FOR OWENS--Senate 2. House--Messrs. Canova, Holland, McCormick, Means, Pooser, Russell, VanZant and Vogt--8. Total 10.

        FOR RANDALL--Senate 3. House--Mr. Speaker, Messrs. Arendell, Bloxham, Canova, Cole, Russell, Wells and Williams--8. Total 11.

        FOR CALL--Senate 7. House--Messrs. Campbell, Carter, Collins, Dansby, Haddock, Mickler, Price, Richardson, Robinson, Stewart and Yates--11. Total 18.

        FOR MAGBEE--Senate 7. House--Messrs. Broxson, Clyatt, Haddock, Howell, Lee, McKinnon, Mickler, Newburn, Parker, Peterson, Seward, Yates and Yon--13. Total 20.

        FOR BLOUNT--Senate 3. House--Messrs. Campbell, Clyatt, Collins, Cole, Hawes, Holland, Howell, Lee, McKinnon, Newburn, Parker, Peterson, Richardson, Scott, Seward, Wells and Yon--17. Total 20.

        BLANK--Senate 2. House--Messrs. Blount, Coffee, Oliver and Wall --4. Total 6.

        Neither of the candidates having received the requisite majority, the President declared that there was no election.

        The Joint Meeting then proceeded to a second ballot.

        The vote was:

        FOR WARD--Senate 6. House--Messrs. Arendell, Mizell, Price, Vann and Wall--5. Total 11.

        FOR MORTON--Senate 4. House--Messrs. Amos, Carter, Pooser, Vann and Vogt--5. Total 9.

        FOR OWENS--Senate 6. House--Messes. Amos, Arendell, Canova, Coffee, Holland, McCormick, Means, Pooser, Russell, VanZant, Vogt and Williams--12. Total 18.

        FOR RANDALL--Senate 2. House--Messrs. Bloxham, Canova, Cole, Hawes, Oliver, Parker, Scott and Williams--8. Total 10.

        FOR CALL--Senate 5. House--Messrs. Campbell, Carter, Collins, Dansby, Haddock, Mickler, Mizell, Price, Richardson, Robinson and Yates--11. Total 16.

        FOR MAGBEE--Senate 5. House--Messrs. Blount, Broxson, Clyatt, Haddock, Howell, Lee, McKinnon, Mickler, Newburn, Oliver, Parker, Peterson, Seward, VanZant, Wells, Yates and Yon--17. Total 22.

        FOR BLOUNT--Senate 7. House--Messrs. Broxson, Campbell, Clyatt, Collins, Cole, Hawes, Holland, Howell, Lee, McCormick, McKinnon, Means, Newburn, Peterson, Richardson, Russell, Scott, Seward, Wells and Yon--20. Total 27.

        BLANK--Senate 3. House--Mr. Speaker and Mr. Stewart--2. Total 5.


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        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 third ballot.

        The vote was:

        FOR WARD--Senate 6. House--Messrs. Mizell, Price, Russell, Scott and Vann--5. Total 11.

        FOR MORTON--Senate 4. House--Messrs. Amos, Arendell, Carter, Pooser, Vann and Wall--6. Total 10.

        FOR OWENS--Senate 7. House--Messrs. Amos, Canova, Coffee, Dansby, Holland, McCormick, Means, Pooser, Price, Robinson, Russell, VanZant, Vogt and Williams--14. Total 21.

        FOR RANDALL--Senate. House--Messrs. Bloxham, Canova, Haddock, Hawes and Williams--5. Total 9.

        FOR CALL--Senate 4. House--Messrs. Arendell, Carter, Collins, Haddock, Hawes, Mickler, Mizell, Richardson, Robinson, Scott, Stewart, Wall, Wells and Yates--14. Total 18.

        FOR MAGBEE--Senate 6. House--Messrs. Broxson, Clyatt, Cole, Howell, Lee, McKinnon, Mickler, Newburn, Oliver, Parker, Peterson, Seward, Yates and Yon--14. Total 20.

        FOR BLOUNT--Senate 5. House--Messrs. Broxson, Clyatt, Collins, Cole, Holland, Howell, Lee, McCormick, McKinnon, Means, Newburn, Oliver, Parker, Peterson, Richardson, Seward, Wells, Vogt and Yon--19. Total 24.

        BLANK--Senate 4. House--Mr. Speaker, Messrs. Blount and Campbell--3. Total 7.

        Neither of the candidates having received the requisite majority, the President declared there was no election.

        The President announced nominations still in order.

        Mr. Robinson nominated S. P. Stephens of Gadsden county.

        Mr. Holland nominated T. J. Eppes of Franklin county.

        Mr. Williams nominated A. E. Maxwell of Escambia county.

        Mr. Williams withdrew the name of Thos. Randall.

        Mr. McKinnon withdrew the name A. C. Blount.

        Mr. Watlington nominated Mr. James Gettis of Hillsborough county.

        The Joint Meeting then proceeded to a fourth ballot.

        The vote was:

        FOR WARD--Senate 4. House--Messrs. Broxson, Mizell, Price, Russell, Scott and Wall--6. Total 10.

        FOR MORTON--Senate 3. House--Messrs. Amos and Carter--2. Total 5.

        FOR OWENS--Senate 2. House--Messrs. Amos, Canova, Coffee, Dansby, Haddock, McCormick, Means, Pooser, Price, Russell and Vogt--11. Total 13.

        FOR RANDALL--House--Messrs. Bloxham and Williams--2. Total 2.


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        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.


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        BLANK--Senate 3. House--Mr. Parker--1. Total 4.

        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


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secresy be and is hereby removed, and that all the proceedings had in reference thereto be printed;

        Upon which the yeas and nays being called for the vote was:

        Yeas--Messrs. Amos, Canova, Coffee, Collins, Hull, Lee, Newburn, Parker, Peterson, Price, Stewart, Vann, Williams and Yates--13.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Broxham, Campbell, Carter, Cole, Dansby, Haddock, Hawes, Howell Holloman, McCormick, McKinnon, Means, Mizell, Oliver, Pooser, Richardson, Russell, Seward, Wall, Wells, Vogt and Yon--26.

        So the resolution was lost.

        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


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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:


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SENATE CHAMBER,
Dec. 2d, 1861.

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:


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        Yeas--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Clyatt, Coffee, Cole, Dansby, Holland, Holloman, McCormick, Means, Newburn, Oliver, Pooser, Price, Robinson, Russell, Scott and Vogt--20.

        Nays--Messrs. Canova, Campbell, Collins, Haddock, Hawes, Howell, Hull, Lee, McKinnon, Mickler, Mizell, Parker, Peterson, Richardson, Seward, Stewart, Vann, VanZant, Wall, Wells, Yates and Yon--23.

        So the bill was lost.

        A bill to be entitled in act to amend an act approved Feb'y 10th, 1831, concerning the Public Health,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Blount, Bloxham, Canova, Carter, Clyatt, Collins, Dansby, Haddock, Holland, Howell, Lee, Mizell, Newburn, Parker, Pooser, Price, Richardson, Russell, Seward, Stewart, Wall and Yon--23.

        Nays--Mr. Speaker, Messrs. Coffee, Cole, Hawes, Holloman, Hall, McCormick, Means, Mickler, Robinson, Scott, Vann, VanZant, Wells, Vogt and Yates--16.

        So the bill passed, title as stated.

        Ordered that the same be certified to the Senate.

        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.


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        The rule being waived, Mr. Holland introduced the following bill, viz:

        A bill to be entitled an act prescribing the competency of Supreme and Circuit Judges to sit in certain cases;

        Which were placed among the orders of the day.

        A bill to be entitled an act to modify and change the act entitled an act to provide for the issue of Treasury Notes, approved Feb'y 14th, 1861,

        Was read the second time, when Mr. Holland moved that the House go into the Committee of the whole for its consideration;

        Which was lost.

        Mr. Holland moved to strike out section second of said bill.

        Mr. Bloxham offered as a substitute for Mr. Holland's motion, the following amendment to said section:

        Provided, however, That all change bills now in the possession of said Railroads shall not again be put in circulation.

        Which was adopted.

        Mr. Holland moved to strike out the last section of said bill; Upon which the yeas and nays being called for, the vote was:

        Yeas--Messrs. Amos, Broxson, Campbell, Coffee, Collins, Haddock, Holland, Howell, McKinnon, Mickler, Oliver, Pooser, Robinson, Russell, Seward, Vann, Wells, Williams and Yates--19.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Canova, Carter, Clyatt, Cole, Dansby, Hawes, Holloman, Hull, McCormick, Means, Mizell, Newburn, Peterson, Price, Richardson, Stewart, VanZant, Wall, Vogt and Yates--23.

        So the motion was lost.

        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


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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,

        Was read the second time.

        Mr. Holland offered the following amendment:


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        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,


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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.

        The vote was:


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        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


Page 142

of this State to grant licenses to build toll bridges, and for other purposes.

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 bill, placed among the orders of the day.

        A resolution concerning Treasury Notes and signing the same,

        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:

        Yeas--Messrs. Amos, Bellamy, Blount, Broxson. Canova, Campbell, Carter, Clyatt, Collins, Cole, Dansby, Hawes, Holland, Holloman, Hull, Lee, McCormick, McKinnon, Means, Mickler, Mizell, Newburn, Peterson, Pooser, Price, Richardson, Robinson, Russell, Wall, Wells, Williams, Yates and Yon--33.

        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.


Page 143

        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


Page 144

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,


Page 145

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


Page 146

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


Page 147

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:

        Yeas--Messrs. Amos, Arendell, Bellamy, Blount, Canova, Campbell, Carter, Collins, Dansby, Haddock, Hawes, Howell, Lee, McKinnon, Mizell, Newburn, Parker, Pooser, Price, Richardson, Russell, Seward, Wall, Yates and Yon--25.

        Nays--Mr. Speaker, Messrs. Clyatt, Coffee, Cole, Holloman, Oliver, Scott, Vann, Wells and Williams--16.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.


Page 148

        A bill to be entitled an act for the relief of R. B. Canova,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Broxson, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Howell, Holloman, Lee, McKinnon, Means, Mickler, Newburn, Oliver, Pooser, Richardson, Robinson, Scott, Seward, Vann, Wall, Wells, Vogt, Williams, Yates and Yon--35.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Hawes, Holland, Howell, Lee, McKinnon, Means, Mickler, Mizell, Newburn, Oliver,. Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, Wells, Vogt, Yates and Yon--36.

        Nay--Mr. Haddock--1.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act for the relief of the citizens of Orange county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Bellamy, Blount, Broxson, Canova, Clyatt, Cole, Haddock, Hawes, Holland, Howell, Hull, Lee, McKinnon, Means, Mickler, Mizell, Newburn, Oliver, Parker, Pooser, Russell, Seward, Stewart, Vann, Wells, Yates and Yon--29.

        Nays--Messrs. Arendell, Collins, Dansby, Robinson, Scott, Vogt and Williams--7.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to consolidate the offices of Sheriff and Tax Collector of Suwannee county,

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Cole, Dansby,


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Hawes, Holland, Howell, Hull, Lee, McKinnon, Means, Mickler, Mizell, Newburn, Oliver, Parker, Pooser, Richardson, Robinson, Russell, Seward, Vann, Wells, Vogt, Williams, Yates and Yon--36.

        Nays--None.

        The bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Haddock, Hawes, Holland, Howell, Holloman, Lee, Newburn, Oliver, Parker, Peterson, Price, Richardson, Seward, Vann, Wall, Williams, Yates and Yon--33.

        Nays--Messrs. Dansby, Pooser, Robinson, Russell, Scott and Wells--6.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to amend an act to establish the Records of the county of Columbia, and for other purposes,

        Was read the third time and put upon its passage, upon which vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Haddock, Hawes, Howell, Hull, Lee, Mizell, Newburn, Peterson, Pooser, Price, Richardson, Robinson, Seward, Vann, Wall, Wells, Vogt, Yates and Yon--35.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act for the relief of Frederic Leanders constable of Duval county,

        Was read the first time, the rule waived, read a second time


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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.

        Nays--Messrs. Amos, Arendell, Blount, Canova, Clyatt, Coffee,


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Collins, Cole, Dansby, Hawes, Holland, Howell, Mizell, Newburn, Oliver, Peterson, Pooser Robinson, Russell, Seward, Wall, Wells, Vogt, Williams, Yates and Yon--26.

        So the amendment was lost.

        Said resolution was then, with the amendments, 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.

        Not being a quorum present, on motion of Mr. Bloxham, the House took a recess for ten minutes.

10 MINUTES PAST THREE O'CLOCK, P. M.

        The House resumed its session--a quorum present.

        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 establish and permanently locate the county site of Manatee county.

        An act relative to Taxation.

        An act to amend an act permanently to locate the county site of Volusia.

        An act to repeal the third section of an act, amendatory of the act of 1845, concerning roads and highways.

        An act to facilitate the collection of taxes by the city of Pensacola.

        An act to authorize the Circuit Courts of this State, to grant licenses to build bridges and for other purposes.

D. W. HOLLOMAN, Ch'n.


        Which was read.

        The rule being waived, the following bill were introduced without previous notice, viz:

        By Mr. Hawes:

        A bill to be entitled an act for the relief of P. H. Peterman;

        Which was placed among the orders of the day.

        Mr. Scott, from the Committee on Engrossed Bills, made the following report:


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        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.


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        Mr. McKinnon nominated A. E. Maxwell of Escambia county.

        Mr. Abercrombie nominated A. C. Blount of Escambia county.

        The Joint Meeting then proceeded to election.

        The vote was:

        FOR WARD--Senate 4. House--Mr. Speaker, Messrs. Holland, Holloman, Mizell, Scott and Stewart--6. Total 10.

        FOR BAKER--House--Messrs. Coffee, Cole, Hull. Lee, Newburn, Price, Vann, VanZant, Wall and Williams--10. Total 10.

        FOR MAGBEE--Senate 4. House--Messrs. Clyatt, Howell, Lee, McKinnon, Newburn, Peterson, Seward, Yates and Yon-- 9. Total 13.

        FOR MORTON--Senate 1. House--Mr. Amos--1. Total 2.

        FOR CALL--Senate 7. House--Mr. Speaker, Messrs. Arendell, Campbell, Carter, Collins, Dansby, Haddock, Hawes, Mickler, Mizell, Pooser, Richardson, Robinson, Stewart and Wells--15. Total 22.

        FOR MAXWELL--Senate 3. House--Messrs. Campbell, Carter, Collins, Dansby, Haddock, Hawes, Holloman, hull, McKinnon, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Vann and Wells--18. Total 21.

        FOR BLOUNT--Senate 2. House--Messrs. Arendell, Canova, Clyatt, Holland, Howell, Seward, Yates and Yon--8. Total 10.

        FOR PAPY--Senate 3. House--Messrs. Bloxham, Canova, Coffee, Cole, Mickler, Oliver, Wall and Williams--8. Total 11.

        BLANK--House--Messrs. Blount, Means, and Parker--3. Total 3.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        The joint meeting then proceeded to a second ballot.

        The vote was:

        FOR WARD--Senate 4. House--Mr. Speaker, Messrs. Arendell, Holland, Holloman, Mizell, Pooser and Scott--6. Total 11.

        FOR BAKER--Senate 3. House--Messrs. Coffee, Cole, Hull, Lee, McKinnon, Price, Russell, Vann, VanZant, Wall, Wells, Vogt and Williams--13. Total 16.

        FOR MAGBEE--Senate 6. House--Messrs. Amos, Clyatt, Howell, Newburn, Oliver, Seward, Yates and Yon--8. Total 14.

        FOR MORTON--Senate 2. House--Mr. Amos--1. Total 3.

        FOR CALL--Senate 9. House--Mr. Speaker, Messrs. Campbell, Carter, Clyatt, Collins, Haddock, Hawes, Holloman, Mickler, Mizell, Richardson and Stewart--12. Total 21.

        FOR MAXWELL--Senate 9. House--Messrs. Campbell, Carter, Coffee, Collins, Haddock, Hawes, Lee, McKinnon, Newburn, Pooser, Richardson, Russell, Scott, Stewart, Vann and Wells--16. Total 25.


Page 154

        FOR BLOUNT--Senate 2. House--Messrs. Arendell, Canova, Holland, Howell, Yates and Yon--6. Total 8.

        FOR PAPY--Senate 3. House--Messrs. Bloxham, Canova, Cole, Mickler, Oliver, Price, VanZant, Vogt, Wall and Williams--10. Total 13.

        BLANK--Senate 2. House--Messrs. Blount, Means, Parker and Peterson--4. Total 6.

        President declared there was no election, neither of the candidates having received the requisite number of votes.

        The Joint Meeting then proceeded to a third ballot.

        The vote was:

        FOR WARD--Senate 5. House--Mr. Speaker, Messrs. Broxson, Hawes, Holland and Scott--5. Total 10.

        FOR BAKER--Senate 2. House--Messrs. Arendell, Bellamy, Campbell, Coffee, Cole, Dansby, Holloman, Hull, Lee, McKinnon, Means, Newburn, Peterson, Pooser, Price, Russell, Seward, Vann, VanZant, Wall, Wells and Williams--22. Total 24.

        FOR MAGBEE--Senate 5. House--Messrs. Broxson, Clyatt, Howell, Peterson, Seward and Yates--6. Total 11.

        FOR MORTON--Senate 2. House--Mr. Amos--1. Total 3.

        FOR CALL--Senate 11. House--Mr. Speaker, Messrs. Carter, Clyatt, Collins, Haddock, Hawes, Means, Mickler, Richardson and Stewart--10. Total 21.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy, Campbell, Carter, Coffee, Collins, Dansby, Haddock, Holloman, Hull, Lee, McKinnon, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells and Yon--23. Total 29.

        FOR BLOUNT--Senate 1. House--Messrs. Canova, Holland, Howell, Stewart, Yates and Yon--6. Total 7.

        FOR PAPY--Senate 5. House--Messrs. Bloxham, Canova, Cole, Mickler and Williams--5. Total 10.

        BLANK--Senate 1. House--Messrs. Blount and Parker--2. Total 3.

        Neither of the candidates having received the requisite number of votes, the President declared there was no election.

        The President announced nominations still in order.

        Mr. Bloxham nominated W. G. M. Davis of Leon county.

        The name of M. D. Papy was withdrawn.

        The Joint Meeting then proceeded to a fourth ballot.

        The vote was:

        FOR WARD--Senate 4. House--Mr. Speaker, Messrs. Broxson, Means and Peterson--4. Total 8.

        FOR BAKER--Senate 5. House--Messrs. Arendell, Bellamy, Campbell, Coffee, Collins, Cole, Dansby, Haddock, Holloman,


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Hull, Lee, McKinnon, Mizell, Newburn, Pooser, Price, Russell, Vann, VanZant, Wall, Wells and Williams--22. Total 27.

        FOR MAGBEE--Senate 6. House--Messrs. Amos, Broxson, Clyatt, Howell, Peterson, Seward, Wall, Yates and Yon--9. Total 15.

        FOR MORTON--Senate 4. House--Mr. Amos--1. Total 5.

        FOR CALL--Senate 9. House--Mr. Speaker, Messrs. Carter, Clyatt, Haddock, Hawes, Mickler, Richardson, Scott and Stewart--9. Total 19.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy, Campbell, Carter, Coffee, Collins, Dansby, Hawes, Lee, McKinnon, Mickler, Mizell, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant and Wells--21 . Total 27.

        FOR BLOUNT--Senate 4. House--Messrs. Canova, Holland, Howell, Seward, Yates and Yon--6. Total 10.

        FOR DAVIS--House--Messrs. Bloxham, Cole, Holland, Holloman, Hull, Means, Stewart and Williams--8. Total 8.

        BLANK--Senate 2. House--Messrs. Blount and Parker--2. Total 4.

        Neither of the candidats having received the requisite number of votes, the President declared there was no election.

        On motion, the Joint Meeting adjourned.

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

THURSDAY, December 5, 1861.

        The House met pursuant to adjournment--a quorum present.

        The Rev. Mr. Blake officiated as Chaplain.

        On motion of Mr. Broxson, the reading of the Journal of yesterday's proceedings was dispensed with.

        The following bill was introduced in pursuance of previous notice, viz:

        By Mr. Oliver:

        A bill to be entitled an act more effectually to secure the payment for stock killed or injured on Railroads;

        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. Canova:

        A bill to be entitled an act amendatory of the charter of incorporation of the city of Jacksonville.

        By Mr. Wall:


Page 156

        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


Page 157

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


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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


Page 159

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,


Page 160

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Hawes, Howell, Hull, Lee, McKinnon, Means, Mickler, Oliver, Parker, Peterson, Price, Richardson, Robinson, Scott, Vann, VanZant, Wall, Vogt, Williams, Yates and Yon--39.

        Nays--None.

        So the bill passed as amended by the House--title as stated.

        Ordered that the same be certified to the Senate.

        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 third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Bellamy, Hawes, Parker and Stewart--4.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Broxson, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Holland, Howell, Holloman, McKinnon, Means, Mickler, Mizell, Oliver, Peterson, Pooser, Robinson, Russell, Scott, Seward, Vann, Wells, Vogt, Williams, Yates and Yon--35.

        So the bill was lost.

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Broxson, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Hawes, Holland, Howell, Hull, Mickler, Mizell, Oliver, Parker, Pooser, Price, Robinson, Russell, Seward, Vann, Wall, Wells, Williams, Yates and Yon--31.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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.

        Ordered that the same be certified to the Senate.


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        A bill to be entitled an act to change the times of holding Courts in the Southern Circuit,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Haddock, Hawes, Holland, Howell, Holloman, Hull, McKinnon, Mickler, Oliver, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Stewart, Vann, VanZant, Wall, Wells, Williams, Yates and Yon--37.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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:

        Yeas--Messrs. Arendell, Bellamy, Blount, Bloxham, Carter, Clyatt, Coffee, Cole, Haddock, Hawes, Holland, Howell, Hull, McKinnon, Mizell, Oliver, Pooser, Price, Richardson, Russell, Seward, Vann, Wall, Vogt, Williams, Yates and Yon--27.

        Nays--Mr. Speaker, Messrs. Amos, Campbell, Collins, Dansby, Holloman, Mickler, Peterson, Scott, VanZant and Wells--10.

        So the bill passed as amendment by the House.

        Ordered that the same be certified to the Senate.

        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


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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:

        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


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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:

        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


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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


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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


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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:

        These were distributed as follows:

        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


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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:

        Yeas--Mr. Speaker, Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Carter, Coffee, Collins, Cole, Hawes, Holloman, Hull, McKinnon, Means, Vann, Wall, Vogt and Williams--20.

        Nays--Messrs. Arendell, Campbell, Dansby, Holland, Howell, Lee, Mickler, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, Wells, Yates and Yon--17.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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,


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        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;"


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Upon which, the yeas and nays being called for by Messrs. Holland and Hull, were:

        Yeas--Messrs. Holland, Hull, Oliver, Parker, Peterson, Seward, VanZant, Wells, Williams, Yates and Yon--11.

        Nays--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Canova, Campbell, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Howell, Holloman, Lee, McKinnon, Pooser, Price, Richardson, Russell, Scott, Stewart, Vann and Wall--25.

        So said amendment was lost.

        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:


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        A bill to be entitled an act to modify and change the act entitled an act to provide for the issue of Treasury Notes, approved February 14, 1861.

        A bill to be entitled an act for the relief of Dr. John P. Duval; also,

        A bill to be entitled an act for the relief of Jonathan C. Stewart, sheriff of Orange county.

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 for the relief of Volunteers from this State,

        Was read the second time, when Mr. Russell moved that the same be indefinitely postponed;

        Which was lost.

        Said 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 R. C. Williams,

        Was read and passed over informally.

        A bill to be entitled an act for the relief of Frederick Lenders, Constable of Duval county Florida,

        Was read the second time.

        Mr. Pooser moved that said bill be laid on the table;

        Upon which motion the yeas and nays being called, the vote was:

        Yeas--Messrs. Amos, Arendell, Campbell, Dansby, Howell, Pooser, Russell, Vann, Wall and Wells--10.

        Nays--Mr. Speaker, Messrs. Blount, Canova, Clyatt, Coffee, Collins, Cole, Holland, McKinnon, Mizell, Oliver, Price, Richardson, Scott, Seward, Williams, Yates and Yon--18.

        So the motion was lost.

        On motion said bill was then referred to the Committee on the Militia.

        Senate resolution for the relief of Richard E. Frier,

        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 Dr. John P. Duval,

        Was read the third time and put upon its passage upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Broxson, Canova, Campbell, Clyatt, Coffee, Collins, Cole, Dansby, Howell, Holloman, Lee, McKinnon, Mizell, Parker, Peterson, Pooser, Price, Russell, Seward, Vann, Wall, Wells, Yates and Yon--26.

        Nays--None.


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        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act for the relief of Jonathan C. Stewart, Sheriff of Orange county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Broxson, Canova, Campbell, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Holland, Howell, Holloman, Lee, McKinnon, Means, Mizell, Oliver, Parker, Peterson, Pooser, Price, Richardson, Russell, Seward, Vann, Wall, Wells, Vogt, Yates and Yon--34.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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


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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;


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        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:


Page 174

TREASURY OFFICE,
Tallahassee, December 5, 1861.

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.


Page 175

FRIDAY, December 6, 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 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;


Page 176

        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


Page 177

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


Page 178

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 its true object and intent.

        Which was read and the amendments as reported by the Committee adopted, and the accompanying bill placed among the orders of the day.

        Also the following:

        The Committee on the Judiciary, to whom wag referred a communication from the Register of Public Lands to the Governor of the State, with instructions to report by bill or otherwise, have had the same under consideration, and ask leave to report a bill to be entitled an act relative to the public lands of the State of Florida, and also a bill to be entitled an act in


Page 179

reference to lands bought in by the State for Taxes, for the action of the House thereon.

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.

ORDERS OF THE DAY.

        Senate bill to be entitled an act to reduce the pay of Surgeon General,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate bill to be entitled an act to change the mode of appointing constables,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate 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,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate resolution for the relief of John A. Vaughan, Sheriff of Holmes county,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate bill to be entitled an act to authorize the Governor of this State to accept troops from the States of Georgia and Alabama,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate bill to be entitled an act to authorize the Banks of this State to transfer their assets and places of business,

        Was read the first time, rule waived, read a second time by its title, and ordered for a third reading on to-morrow.

        Senate bill to be entitled an act defining what shall be considered Solvent Bank bills in the payment of public dues to this State,

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act to modify and change the act entitled an act to provide for the issue of Treasury Notes, approved, February 14th, 1861,


Page 180

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Broxson, Canova, Carter, Clyatt, Cole, Dansby, Haddock, Hawes, Holloman, Hull, McKinnon, Mizell, Peterson , Price, Richardson, Scott, Stewart, Yates and Yon--23.

        Nays--Messrs. Bloxham, Campbell, Coffee, Collins, Holland, Howell, Oliver, Parker, Pooser, Robinson, Russell, Seward, Vann, Wells and Williams--15.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act for the relief of P. and H. Peterman,

        Was read the second time and referred to the Committee on Claims.

        True rules being waived, Mr. Williams, from the Committee on the Militia, made the following report:

        The Committee on the Militia to whom was referred a bill for the relief of F. Lenders, have had the same under consideration and beg leave to report that whilst they acknowledge the justness of the claim in behalf of said Lenders, the committee know of no fund to be drawn upon for its settlement, and therefore report it back for the further consideration of the House.

JOS. JOHN WILLIAMS, Chairman.

M. C. PETERSON,

C. C. COFFEE,

J. Q. STEWART,

A. VOGT.


        Which was read, and the accompanying bill placed among the orders of the day.

        Senate bill to be entitled an act to repeal the eighth section of an act still further defining the duties of the Trustees of the Internal Improvement Fund, approved February 14th, 1861,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Broxson, Canova, Hawes and Price--6:

        Nays--Messrs. Blount, Bloxham, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dan by, Holland Howell, Holloman, Hull, McKinnon,, Mizell; Parker, Peterson, Richardson, Robinson, Russell, Seward, Stewart, Vann, Wall, Wells, Williams, Yates and Yon--28.

        So the bill was lost.

        Ordered that the same be certified to the Senate.

        The following message from his Excellency the Governor was received and read:


Page 181

EXECUTIVE DEPARTMENT,
TALLAHASSEE, December 5, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        I had the honor to receive from the House of Representatives resolutions copies of which are annexed.

        To the first resolution I respectfully reply that the information requested is already before the General Assembly in the report of the Adjutant and Inspector General, taken in connection with his amended report herewith submitted.

        To the second resolution the amended report of the Adjutant and Inspector General, which is a transcript from the records of the office, will furnish the information asked.

        To the third resolution, which reads as follows: "Resolved further, That he (the Governor), be also requested to communicate what steps are being taken to muster the State troops into the Confederate service."

        To the last resolution the Executive would most respectfully reply, that he has no authority to muster the State troops into the Confederate service. State troops can not be mastered "into the Confederate service" except by their own consent, and the consent and authority of the Confederate Government and the State Government.

        Since the seventh day of October, the day upon which the present Executive was inaugurated, there has been no requisition by the Confederate Government upon the Executive of the State for troops.

        It is with much pleasure that the Executive announces to the General Assembly, that on yesterday Brigadier-General James H. Trapier, of the Confederate Army, who has been assigned to the command of this Military Department, arrived in Tallahassee. General Trapier is a gentlemen of military education and experience, and commands the utmost confidence of the Executive; and upon his requisition, the Confederate Government will supply the arms and munitions of War, and make a call upon the Executive for the troops necessary to the defence of the State. In proportion to population, Florida now has as many troops in the field as any other one of the Confederate States; and it is earnestly hoped and honestly believed that so long as there shall be needed a soldier to maintain the rights of the people of the Confederate States of America, there will not be a man in the State of Florida, of Southern birth, able to shoulder a musket, who will not truly and promptly respond to the call of his country-- "I am ready!"

        But, fellow-citizens of the House of Representatives, it becomes


Page 182

my duty to inform you that no doubt is entertained by the Executive that we have traitors in our midst. About the 10th of October, a report was received from Col. William H. Chase, addressed to the Governor of the State, from New Orleans, a duplicate of which was also sent to the same address from Milton, in this State, vindicating most ably and satisfactorily his own conduct while in command at Pensacola, and also the course pursued by the Executive of this State and the Hon. S. R. Mallory, the present worthy Secretary of the Navy, and also disclosing the vulnerable points of attack exposed to the enemy at Fort Pickens. Extraordinary care was exerted to preserve this report, with the view to submit it to your consideration. Notwithstanding, in a few days after it was received, it was stolen from the Executive Department; and an assault has been made by the enemy at these points but triumphantly resisted by the brave and gallant officer in command; and the Executive of the State entertains the opinion that the report of Col. Chase was taken to the enemy. The Executive therefore invites an investigation of the matter by a Joint Committee of the two Houses of the General Assembly.

        Moreover, since the seventh day of October last, whenever it has been important that telegraphic communication should be kept up between the Executive of the State and the War and Navy Departments of the Confederate Government, and between the Governor and Commander-in-Chief and the officer in command at Apalachicola, the line has been invariably reported as "down." To this matter the attention of officers in the council at the Capitol in the Executive Department was invited several weeks ago; and circumstances which have transpired since, have confirmed the opinion then entertained and expressed, that the telegraphic line was by unknown, and yet undetected means subject to the will of a traitor or traitors.

        While the Executive entertains a high opinion of the loyalty of many gentlemen, citizens of the State, born and reared north of the Potomac, yet he is free to express the opinion that no person or persons should be permitted to act in the capacity of telegraphic operator who is, or are not, personally well known to be loyal to the Government of the Confederate States of America, and that no Yankee of doubtful character be permitted to edit a public journal at the South. An editor can insidiously influence the minds of thoughtless men against the good of the country. In every community there are men idle and restive, anxious to command public attention and appear patriotic and wise by complaints against those in authority. Hence we often have complaints of the want of proper management on the part of the Executive of the Confederate


Page 183

Government--of the Executive of the States and officers of the army, and when the true character of the murmurers is ascertained, the discovery is made that a class of individuals who pay little or no taxes--never volunteer to fight the battles of the country, are ever ready to swindle the State or Confedfederate Government,. have become alarmed for their individual interests; and if there is a press near at hand under the control of one inclined to be a traitor to the South--a worthless creature-- such as our fathers hung in the American Revolution as Tories--he is ever ready to publish complaints calculated in their nature (from ignorance of the source from which they emanate,) to do injury to the public interests.

        There is another class of individuals of kindred character to these described, who travel from State to State in uniform, anxious to display their chivalry in the defence of each State they visit--talk boldly of their past deeds of daring, and never fail to exhibit their skill, courage and villainy at gambling tables and drinking saloons; officers without commissions unless forged, and dressed in uniforms without any other authority than that of tailors paid for their labor--if paid at all--by money won or stolen.

        Wherefore, I would respectfully recommend to the General Assembly the enactment of such laws as will protect the telegraphic means of communication, and the Press from treason, and the uniform of the Confederate army, of the army of Florida and those of our sister States, from abuse and disgrace. Let the enactments of law be of that character that none will dare, however bold in villainy, to appear in uniform without proper legal authority, and then and not till then, the uniform of the Confederate States of America, and each of the Confederate States, when worn, will indicate the presence of an officer and a gentleman.

        By ordinance No. 38, entitled "An Ordinance for Military purposes," adopted in the Convention of the people of Florida, begun and held at the Capitol in the city of Tallahassee, on Thursday, the third day of January, 1861, the power was given to the Governor to appoint the following staff officers: One Adjutant and Inspector-General, one Surgeon-General and four Aids-de-Camp, with the rank of Colonel; one Quartermaster-General and one Paymaster-General, with the rank of Lieutenant-Colonel, and the said Quartermaster-General shall also perform the duties of Chief of Ordnance. "Done in open Convention, April 27, 1861."

        The fourth and fifth sections of said ordinance, read as follows: "That the officers and men of all ranks and grades in the service Florida, when called into service, or placed on


Page 184

duty, shall receive the same pay as officers and men of like rank in the army of the Confederate States.

        "That the officers created by this ordinance for special service, shall vacate their commissions whenever the service for which they shall have been called shall have terminated, and the men mustered out of service."

        By reference to the amended report of the Adjutant and Inspector General, the amount of pay to each staff officer will be made known, agreeably to the 4th section of said ordinance.

        The opinion of the Executive is, that the pay of the Adjutant and Inspector General, and the Quartermaster General, is co-extensive with their tenure of office, because the duties of the these officers are continuous; but not so with the other officers of the staff, and that they are entitled to pay only when on duty, under special orders. A difference of opinion has prevailed as will appear by reference to the roll attached of Robert C. Williams, the Paymaster General appointed by my worthy predecessor. It does not appear that any funds for the performance of duty were in his hands as Paymaster General until the 2nd of October, (vide his report hereunto attached dated October 22,) and he was relieved from the said office on the 22nd of October, having charged for services as Paymaster General from the first of May to the said 22d of October, 1861, the sum of One Thousand and Sixty Dollars and Sixty-six cents, ($1,060.66). As Comptroller he settled with himself as Paymaster General, without any order from or knowledge or consent of the Executive; but has not rendered any account of the manner in which the Twelve Thousand Dollars he received was expended--to whom paid--when paid--nor for what service. As a disbursing officer, this is unquestionably necessary.

        Mr. Williams applied to me for the appointment of Paymaster General on my staff, which I refused, and on the ground and for the reason that he was acting as and discharging the duties of Comptroller of the State, the duties of which office in my judgment was entirely incompatible with those of Paymaster General. By reference to the statutes prescribing the duties and powers of Comptroller of Public Accounts, we cannot well entertain a doubt as to the correctness of the opinion, that the same person cannot legally or with propriety discharge the duties of the two offices. "The Comptroller of this State may demand and require full answer on oath from any and every person, party, or privy, to any account, claim or demand against or by the State, such as it may be his official duty to examine into, and which answers he may require to be in writing, and to be sworn to before himself or before any judicial officer, or Justice of the Peace, or Clerk of any Court of the State, so as to enable


Page 185

such Comptroller to decide as to the justice or legality of such account, claim or demand."

        With this section of the law submitted to your cousideration, an argument to prove that legally the same individual could not discharge the duties of Comptroller and Paymaster General, would. not at least be considered complimentary to your intelligence.

        There is no Paymaster General attached to my staff, nor will there be, because none is necessary. The duties may be performed by the Quartermaster General, free of expense to the State. When Mr. Williams retired from the office, I appointed Mr. Wm. S. Harris, but as soon as it was ascertained that an opinion existed that the Paymaster General would receive the pay of Lieutenant Colonel, one hundred and eighty-five dollars per month, whether upon duty or not, Mr. Harris resigned.

        By the 12th section of an act reorganizing the military forces of the State, it is provided "that there should be established an Adjutant General's department, and an Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall bold his office for two years, and who shall have the rank and title of Captain, and receive the pay and emoluments of a Captain in the service of the State of Florida; he shall keep an office in the capitol; all military commissions shall be countersigned by him, and sealed with a seal having thereon the same device and motto adopted for the State flag, which seal he is hereby required to provide, and [a] register of the same shall be kept; all military orders issued by the Governor shall pass through his office, and shall be duly recorded by him in a book to be kept for that purpose, and shall be countersigned by him to give them validity; be shall keep a complete record of all the proceedings in his office, and of all military movements of troops in the service of the State; he shall not absent himself from the seat of the Government at any time without leave of the Governor, and shall only be deprived of his office by sentence of court martial. In case of any vacancy in the office of Adjutant General when the General, Assembly is not in session, the Governor shall have power to detail an officer to discharge the duties of said office until the same is filled by regular appointment."

        This act was approved the 14th February, 1861. At the time the act was approved, if the Executive is correctly informed, Theodore W. Brevard was Adjutant General. No other, since, has been appointed agreeable to the law. If Capt. Brevard resigned when the General Assembly was not in session, the Governor had only the power to detail an officer to discharge the duties of said office, until the same should have been "filled" by


Page 186

regular appointment, in terms of the section. If any officer had been detailed to have discharged the duties, he would only have been entitled to receive the pay and emoluments of a Captain in the service of the State of Florida, and his official acts should have made known the capacity in which he acted. Nevertheless, by the accompanying pay-roll marked B; it will appear that D. P. Holland, Adjutant General, has charged and received one thousand and sixty-five 81-100 dollars for service alleged to have been performed from the 11th May to the 28th of Sept., 1861-- two hundred and ten dollars per month, besides one hundred and five 81-100 dollars, "commutation for quarters" for four months.

        The pay of Surgeon General in the Confederate service is three thousand dollars per annum. I did not intend to appoint to the office unless a necessity should arise to justify the appointment. Several gentlemen in the State, among others, Dr. John E. Davidson and Col. James L. Moseley, have evinced their patriotism by offering their services to the State free of any expense, for the discharge of any duties which in the judgment of the Executive of the State, they can render useful and honorable service. Free of expense to the State, Dr. Davidson holds the appointment of Surgeon General, and is ready as occasion may require to perform the duties of the office faithfully and with ability.

Very respectfully,

JOHN MILTON.


REPORT OF R. C. WILLIAMS, AS PAYMASTER-GENERAL.

PAYMASTER GENERAL'S OFFICE,
Tallahassee, October 22d, 1861.

To his Excellency JOHN MILTON,
Governor of Florida:

        SIR--I, as Paymaster, received from the Quartermaster on the 2d of October, the sum of ten thousand dollars, to be applied to the payment of troops in the service of the State. Also, on the 5th October, I received the sum of two thousand dollars from the Quartermaster to be applied in the same way, which was done, with the exception of six hundred dollars, which was drawn out by the Quartermaster.

        I have this day turned over to Mr. Harris, my successor, all the vouchers, pay rolls and papers connected with the office, with the balance on hand amounting to $31 41-100

Respectfully,

R. C. Williams,
Paymaster General.



Page 187

        STATE OF FLORIDA,
To ROBERT C. WILLIAMS, Paymaster General, rank Lt. Col.

         DR.

        For myself from 1st May, 1861, to 1st October, 1861, five months, $185.00 per month, . . . . $925.00

        No Servant--No Quarters--No Horse--No Forage.

        I hereby certify that the foregoing account is accurate and just; that I have not been absent without leave during any part of the time charged for. I at the same time acknowledge to have received of Robert C. Williams, Paymaster General in and for the State, this 1st of October, 1861, the sum of nine hundred and twenty-five dollars.

R. C. WILLIAMS, Paymaster General.

[SIGNED IN DUPLICATE] This account was not presented at this office, and of its payment I know nothing.

C. H. AUSTIN, Treas.


        THE STATE OF FLORIDA,
To R. C. WILLIAMS, Paymaster General,

         DR.

        Pay for myself from the 1st of October, 1861, to 22d October, 1861, 22 days at $185.00 per month, . . . . . $135.66 2/3

        I hereby certify that the foregoing account is accurate and just; that I have not been absent without leave during any part of the time charged for. I at the same time acknowledge that I have received of R. C. Williams, Paymaster General in and for the State, this 22d day of October, 1861, the sum of one hundred and thirty-five dollars and 66 2/3 cents, being the full amount of said account.

R. C. WILLIAMS, Paymaster General.

[SIGNED IN DUPLICATE.] This account was not presented at this office, and of its payment I know nothing.

C. H. AUSTIN, Treas.


(B.)

        STATE OF FLORIDA,
To D. P. HOLLAND, Adjutant General,

        DR.

        Pay for myself commencing 11th May, 1861, ending 18th September, 1861, 4 months 7 days, at $210.00 per month . . . . . $959.00

        Commutation for Quarters, 4 months 7 days, $25 per month, . . . . . 105.81----$1064.81

        I hereby certify that the foregoing account is accurate and just; that have not been absent without leave during any part of the time charged for. I at the same time acknowledge that I have received of Robert C. Williams, Paymaster General in and for the State, this 18th day of September, 1861, the sum of one thousand and sixty-four dollars and eighty-one cents, being the full amount of said account.

D. P. HOLLAND, Adjutant General.

[SIGNED IN DUPLICATE.] This account was not presented at this office, and of its payment I know nothing.

C. H. AUSTIN, Treas.



Page 188

ADJUTANT AND INSPECTOR GENERAL'S OFFICE,
Tallahassee, December 4, 1861.

To his Excellency, JOHN MILTON, Governor of Florida:

        SIR--In response to the following resolution of the General Assembly, to-wit: "Resolved further, That he be 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," I have the honor to report:

        That there have been appointed four Aids to your Excellency, under the provisions of the Convention Ordinance No. 38, to-wit: Alfred A. Fisher, I. V. Garnie, R. F. Floyd and William Milton, each with the rank and pay of a Colonel of Cavalry, when actually on duty, $210 per month.

        1. Col. Fisher was commissioned on the 8th October--has been on duty most of the time.

        2. Col. I. V. Garnie was commissioned on the 8th October-- on duty part of the time.

        3. Col. R. F. Floyd was commissioned on the 24th October-- assigned the command of the State Troops at Apalachicola 28th October, with commission of Colonel; under Ordinance No. 38, promoted to Brigadier-General 29th November, 1861.

        4. Col. William Milton was commissioned on the 31st October-- not on duty.

        The following Staff Officers have been appointed under the Ordinance No. 38;

        1. F. L. Dancy, Adjutant and Inspector General, 8th October --Colonel of Cavalry; pay $210 per month. On duty from date of appointment.

        2. H. V. Snell, Quartermaster General; 8th October--Lieutenant Colonel of Cavalry; pay $185 per month. On duty from date of appointment.

        3. W. S. Harris, Paymaster General, from 22d October-- Lieut. Col. of Cavalry; $185 per month. Resigned 18th November.

        4. John E. Davidson, Surgeon General--to serve without pay from 15th November. Not on duty.

        Instructors in the different arms of service, appointed under Ordinance No. 38, to-wit:

        Thomas D. Hawkins, 2d Lieut. Infantry--pay $80 per month; 8th October; at Fernandina--to receive pay only when on duty.

        Lucian S. Duval, Captain of Infantry--pay $130 per month;


Page 189

17th October; on duty drilling Capt. Hendry's Company near the Light House at St. Marks.

        B. F. Simmons, 2d Lieut. Infantry--pay $80 per month; 31st October; on duty at Apalachicola.

        R. K. Taylor, 1st Lieut. Infantry--pay $90 per month; 2d November; on duty at Apalachicola.

        John R. Ely, 1st Lieut. of Cavalry--pay $100 per month; 21st November; on duty at Apalachicola.

        Burwell A. Bobo, 1st Lieut. Infantry--pay $90 per month from 27th November; on duty at Fernandina.

        William S. Wilson, Asst. Surgeon--pay $110 per month from 28th October; promoted to Surgeon, pay $160 per month, 21st November; on duty at Apalachicola.

        William J. Scull, Asst. Surgeon from 21st November--pay $110 per month; on duty at Apalachicola.

        William J. Carroll, Asst. Surgeon from 28th November--pay $110 per month; on duty at St. Mark's Hospital.

        John P. Duval, Asst. Surgeon from 15th October--pay $110 per month; on duty from the Aucilla to Ocklocknee river.

        A. B. Noyes, Captain Coast Guard, 21st October;

        C. W. Johnston, 1st Lieut. Coast Guard, 21st October;

        T. W. Anderson, 2d Lieut. Coast Guard, 21st October;

        J. Williamson, Boatswain Coast Guard, 21st October;

        --All on duty at St. Marks Bay, and from the Ocklocknee to the Aucilla.

        James Tucker, Captain Coast Guard--commission dated 23d October; not on duty.

        J. Rutledge Finegan, 1st Lieutenant Coast Guard--commission dated 23d October; not on duty.

        Bostwick Livingston, 2d Lieut. Coast Guard--commission dated 23d October; not on duty.

        William Clark, 1st Lieut. Infantry--pay $90 per month; 22d November; not on duty.

        Andrew Timmerman, Military Storkeeper Apalachicola Arsenal-- pay $72 per month.

Respectfully, your obt. serv't.,

F. L. DANCY,
Adjutant and Inspector General.


        On motion, 80 copies of said message were ordered to be printed for the use of the House.

        Mr. Hull, from the Committee on Engrossed Bills, made the following report:

        The Committee on Engrossed Bills beg leave to report the following bills as correctly engrossed, viz:


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        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;

        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;

        A bill to be entitled an act for the relief of the volunteers from this State;

        A bill to be entitled an act to make 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.

Respectfully submitted,

N. A. HULL, Chairman.


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

        Senate bill to be entitled an act to suspend the operations 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 third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Holloman, Means, Oliver, Peterson, Pooser, Price, Richardson, Scott, Vann, Wall and Yon-- 26.

        Nays--Messrs. Holland, Howell, McKinnon, Robinson, Russell, Seward, Wells and Yates--8.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act effectually to secure the payment for stock killed or injured on Railroads,

        Was read the second time and referred to the Judiciary Committee.

        Senate resolution for the relief of Richard E. Frier,

        Was read the second time, rule waived, read the third time by its title and put upon its passage, upon which the vote was

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Dansby, Haddock, Holland, Howell, Holloman, Hull, McKinnon, Means, Mizell, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Williams, Yates and Yon--38.

        Nays--None.

        So the resolution passed--tited as stated.


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        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to amend an act entitled an act to amend the charter of incorporation of the city of Jacksonville, approved Jna'y 13, 1859;

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

        Resolution for the relief of James D. Green, ex-officio Tax Collector and Assessor of Manatee county,

        Was read the first time, rule waived, read a second time by its title, and referred to a select committee, consisting of Messrs. Parker, Bellamy, Bloxham, Peterson and Vann.

        A bill to be entitled an act relative to the public lands of the State of Florida,

        Was read the first time, rule waived, read a second time by its title, and the following amendment offered by Mr. Blount:

        That the blank in section 2 be filled by inserting "one dollar for each plat furnished when there is no duplicate in the office which can be used for the purpose, and fifty cents for each plat upon which the entries and lands belonging to the several funds are designated."

        Which was adopted.

        On motion, 80 copies of said bill were then ordered to be printed for the use of the House.

        A bill to be entitled an act in reference to lands bought in by 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 for the relief of Frederick Lenders, Constable of Duval 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 amend an act entitled an act to change the mode of selecting grand and petit jurors in this State, approved Jan'y 8, 1861,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Haddock, Holland, Howell, Holloman, McKinnon, Means, Mickler, Mizell, Oliver, Parker, Pooser, Price, Richardson, Robinson, Russell, Seward, Vann, VanZant, Wall, Wells, Williams, Yates and Yon--35.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.


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        A bill to be entitled an act for the relief of the Volunteers from this State,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Bellamy, Broxson, Canova, Cole, Haddock, Holland, Howell, Mickler, Oliver, Parker, Richardson, Wells, Williams and Yates--14.

        Nays--Mr. Speaker, Messrs. Amos, Arendell, Blount, Campbell, Carter, Clyatt, Coffee, Collins, Holloman, Hull, McKinnon, Means, Mizell, Pooser, Price, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall and Yon--23.

        So the bill was lost.

        A Committee from the Senate, consisting of Messrs. Dawkins, Davidson and Baldwin waited upon the House, and returned a House enrolled bill entitled an act to amend an act, approved Feb'y 10, 1831, concerning the public health, and informed the House that the same had been enrolled and signed through mistake, the same not having passed the Senate.

        The rules being waived, Mr. Means introduced a resolution providing for the purchase of a suitable residence for the Governor;

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

        The rules being waived, Mr. Means also introduced a resolution concerning the construction of a Railroad Connection between the Pensacola & Georgia Railroad and the Savannah, Albany & Gulf Railroad,

        Which was read the first time and ordered for a second reading on to-morrow.

        On motion, Messrs. Holloman, Arendell, Vann and VanZant were excused from further attendance on this House from to-day until Monday next at 12, M.

        Mr. Williams moved that the House do now adjourn until Monday next, at 12 o'clock, M.;

        Upon which motion the yeas and nays being called for, the vote was:

        Yeas--Mr. Speaker, Messrs. Blount, Canova, Carter, Cole, Hull, Means, Mickler, Mizell, Vann, Williams, Yates and Yon-- 13.

        Nays--Messrs. Arendell, Bellamy, Campbell, Clyatt, Coffee, Collins, Dansby, Haddock, Holland, Howell, Holloman, McKinnon, Oliver, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, Wall and Wells--23.

        So the motion was lost.

        Mr. Williams moved the reconsideration of the vote just taken excusing certain members of the House from further attendance on the same until Monday next;


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        Which was agreed to.

        A bill to be entitled an act to extend the jurisdiction of Justices of the Peace in this State,

        Was read the third time.

        Mr. Holland moved that said bill be placed back on its second reading to permit him to offer an amendment;

        Which was lost.

        The bill was then put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Blount, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Holland, Howell, Holloman, Hull, McKinnon, Pooser, Price, Scott, Wall, Wells, Yates, and Yon--23.

        Nays--Mr. Speaker, Messrs. Haddock, Means, Mickler, Mizell, Oliver, Parker, Peterson, Richardson, Robinson, Russell, Seward, Vann and VanZant--14.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The rules being waived, Mr. Holloman offered the following resolution:

        Be it resolved, That the Attorney General be requested to give his opinion in writing to this House whether D. P. Holland was entitled to receive the pay charged by him as Adjutant and Inspector General or not, and that said Attorney General have the right to take evidence to enable him to arrive at said opinion.

        Which was adopted.

        On motion, Messrs. Holloman, Arendell, Vann, VanZant and Parker, were excused from further attendance on the House until Monday next, at 12 o'clock, M.

        The rules being waived, Mr. Holloman introduced a resolution requesting the Governor to commission a Surgeon-General of the State at a proper salary,

        Was read and placed among the orders of the day.

        A bill to be entitled an act making uniform the rate of interest in this State,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Blount, Campbell, Carter, Clyatt, Cole, Holloman, Means, Scott and Williams--9.

        Nays--Mr. Speaker, Messrs. Arende,l, Coffee, Dansby, Haddock, Holland, Howell, McKinnon, Mickler, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Seward, Stewart, Vann, Wall, Wells, Yates and Yon--24.

        So the bill was lost.


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

SATURDAY, December 7, 1861.

        The House met pursuant to adjournment--a quorum present.

        The Rev. Mr. Blake officiated as Chaplain.

        On motion of Mr. Haddock, the reading of yesterday's journal was dispensed with.

        The rule being waived; the following bill was introduced without previous notice, viz:

        By Mr. Means:

        A bill to be entitled an act to authorize the Circuit Courts of this State to change the names of persons residing therein;

        Which was placed among the orders of the day.

        On motion of Mr. Holloman, the House reconsidered the vote taken yesterday on a 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.

        The rule being waived, the following bills were introduced without pervious notice, viz:

        By Mr. Canova:

        A bill to be entitled an act for the relief of Benjamin Hopkins and others; also,

        A bill to be entitled an act for the relief of Aaron W. DeCosta, a Justice of the Peace of Duval county;

        Which was placed among the orders of the day.

        Mr. Blount moved that the injunction of secresy heretofore imposed upon the passage of an act, to provide for the necessary supplies of the army, and to prevent monopolies and for other purposes, be now removed;

        Which was agreed to.

        Mr. Holloman moved, that the Senate bill upon which the vote was taken on yesterday had just been reconsidered, 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, be made the special order of the for Tuesday next;

        Which was agreed to.

        The rules being waived, the following bill was introduced without previous notice, viz:

        By Mr. Blount:


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        A bill to be entitled an act explanatory of an act to provide for the necessary supplies of the army, and to prevent monopolies and for other purposes;

        Which was placed among the orders of the day.

        Mr. Haddock introduced a resolution in relation to the return of the second Regiment of Florida Volunteers from Virginia to this State;

        Which were placed among the orders of the day.

        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 amend an act entitled "an act to amend the charter of incorporation of the city of Jacksonville," approved January 13th, 1859, having had the same under consideration, have authorized me to report the same back, and recommend its passage.

W. D. BLOXHAM, Chairman.


        Which was read, and the accompanying bill placed among the orders of the day.

        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 the petition of E. E. Blackburn, late Marshal of the late United States, having had the same under consideration, report the following bill for his relief.

C. C. COFFEE, Chairman.


        Which was 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 bill entitled an act for the relief of John H. Rhodes, Constable for the second District of Leon county; and whereas, the said John H. Rhodes has applied to this General Assembly for fees due him for summoning sundry persons as defaulters, according to the act aforesaid, and for which he has received no compensation, we, the Committee, having examined the case before us, and not knowing of any fund to meet said demand, ask leave to report said bill back to the House.

JACOB H. POOSER, 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:


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        A bill to be entitled an act for the relief of the officers and clerks of the Land Office of the late United States;

        A bill to be entitled an act for the relief of Sheriffs and other ministerial officers of the Court; also,

        Resolution declaratory of the reserved rights of the State of Florida.

        A bill to be entitled an act for the relief of Frederick Lenders, Constable of Duval county;

        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.

Respectfully submitted,

WM. H. SCOTT, Chairman.


        Which was read, and the accompanying bills placed among the orders of the day.

        On motion, Messrs. Pooser and Coffee were excused from attendance on the House during the morning, for the purpose of attending a Committee meeting.

ORDERS OF THE DAY.

        A bill to be entitled an act for the relief of Sheriffs and other Ministerial officers of the Court,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Clyatt, Coffee, Collins, Dansby, Haddock, Holland, Howell, Lee, McKinnon, Means, Mickler, Newburn, Oliver, Peterson, Pooser, Price, Richardson, Robinson, Scott, Seward, Stewart, Wall, Wells, Yates and Yon--33.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Resolution declaratory of the reserved rights of the State of Florida,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Bellamy, Broxson, Canova, Campbell, Clyatt, Collins, Dansby, Holloman, McKinnon; Means, Mickler, Oliver, Robinson, Wall and Yon--16.

        Nays--Messrs. Haddock, Holland, Howell, Lee, Newburn, Peterson, Price, Richardson, Scott, Seward, Stewart, Wells and Yates--13.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.


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        A bill to be entitled an act for the relief of Frederick Lenders, Constable of Duval county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Canova, Haddock and Hawes--3.

        Nays--Mr. Speaker, Messrs. Amos, Bellamy, Campbell, Clyatt, Collins, Dansby, Howell, Holloman, Lee, McKinnon, Means, Mickler, Newburn, Peterson, Price, Richardson, Robinson, Scott, Seward, Stewart, Wall, Wells, Williams, Yates and Yon--26.

        So the bill was lost.

        A bill to be entitled an act for the relief of the Officers and Clerks of the Land Office of the late United States and others,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Bellamy, Bloxham, Broxson, Canova, Campbell, Clyatt, Collins, Dansby, Hawes, Holland, Howell, Holloman, Lee McKinnon, Mickler, Newburn, Oliver, Peterson, Price, Richardson, Robinson, Seward, Stewart, Wall, Wells, Yates and Yon--29.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The rule being waived, Mr. Williams moved that 80 copies of the bill to be entitled an act to provide for the payment of the War Tax to be asssessed upon and collected from the citizens of this State, be printed for the use of the House;

        Which was agreed to.

        On motion, said bill was passed over until Monday.

        A bill to be entitled an act to suspend the operations 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 Feb'y 8, 1861.

        Was read a second time and ordered to be engrossed for a third reading on Monday.

        Mr. Blount moved that 80 copies of said bill be printed for the use of the House;

        Which was agreed to.

        Resolution relative to procuring a residence for the Governor of the State of Florida,

        Was read the second time, rule waived, read a third time by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Canova, Holland, McKinnon, Means, Mickler, Robinson, Williams and Yates--8.

        Nays--Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Clyatt, Collins, Haddock, Hawes, Howell, Lee, Mizell, Oliver,


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Peterson, Price, Richardson, Scott, Seward, Stewart, Wall, Wells and Yon--22.

        So the resolution was lost.

        A bill to be entitled an act to reduce the pay of Surgeon General,

        Was read the second time and ordered to be engrossed for a third reading on Monday.

        A resolution requesting the Governor to commission a Surgeon General of this State at a proper salary,

        Was read the second time and on motion indefinitely postponed.

        A resolution relative to completing the Rail Road connection between the Pensacola & Georgia Railroad and the Savannah, Albany & Gulf Railroad,

        Was read the second time, rule waived, read the third time by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Campbell, Clyatt, Collins, Hawes, Lee, McKinnon, Means, Mickler, Newburn, Oliver, Price, Scott, Stewart, Wall and Wells--20.

        Nays--Messrs. Canova, Howell, Peterson, Seward, Yates and Yon--6.

        So the resolution was adopted.

        Ordered that the same be certified to the Senate.

        Mr. Robinson from the committee on Elections made the following report:

        The Committee on Elections to whom was referred a contest for the seat in this House of the Hon. D. P. Holland, by Thomas Orman, of Franklin county, ask leave to report that they have considered the same, and have failed to find from the evidence in such contests, any good and sufficient reason why the said D. P. Holland is not entitled to the seat he now occupies as a Representative from the said county of Franklin.

J. L. ROBINSON, Chairman.


        Which was read and on motion concurred in by the House.

        Also the following:

        The Committee on Elections to whom was referred House resolution relative to the Hon. Theodore Bissell, Representative from the county of Dade, ask leave to report that after having fully and particularly examined and considered the evidence in the case, your committee are unanimously of the opinion that the said Theodore Bissell is a disloyal fugitive from the support and service of his country and his home, in the day of apparent peril, and deserves to meet the merited doom of a captivated traitor; your committee therefore recommend his immediate expulsion from this honorable body. For which purpose your


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committee offer the following resolution, and recommend its passage

J. L. ROBINSON, Chairman.


        Resolved, That Theodore Bissell, a member of this honorable body, a representative from the county of Dade, in this State, be and he is hereby expelled from his seat in this General Assembly.

        Which was received and read, and the accompanying resolution adopted by the House expelling the said Theodore Bissell.

        Senate bill to be entitled an act to regulate sale days for property levied upon by Constables by virtue of execution issued by the Judge of Probate ex-officio Justice of the Peace for Santa Rosa county,

        Which was read the second time, the rule waived, read the third time by its title and put upon its passage, upon which the vote was;

        Yeas--Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Clyatt, Collins, Haddock, Hawes, Holland, Howell, Mickler, Mizell, Peterson, Price, Richardson, Robinson, Scott, Seward, Wall, Williams, Yates and Yon--25.

        Nays--Messrs. Stewart and Wells--2.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to amend the 5th section of an act to provide for the issue of Treasury notes, approved February 14th, 1861.

        Was read the second time and ordered for a third reading on Monday.

        Senate resolution for the relief of John A. Vaughan, Sheriff of Holmes county,

        Was read the second time and ordered for a third reading on Monday.

        Senate bill to be entitled an act to authorize the Banks of this State to transfer their assets and places of business,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Clyatt, Collins, Haddock, Hawes, Holland, Howell, Means, Mickler, Peterson, Price, Richardson, Seward, Stewart, Wall, Wells, Williams, Yates and Yon--25.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        On motion the rules were waived and Mr. Holland allowed to introduce the following resolution:

        Resolved, That no member shall speak longer at any one time than five minutes on any subject, without leave of the House.


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Which was adopted.

        Senate bill to be entitled an act defining what shall be considered solvent Bank Bills in the payment of public dues to this State,

        Was read the second time, and ordered for a third reading on Monday.

        A bill to be entitled an act for the relief of Aaron W. DeCosta, Justice of the Peace of Duval county,

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

        A bill to be entitled an to amend the Election Laws of this State,

        Was read the first time, rule waived, read the second time by its title and referred to the Committee on Elections.

        The following message from his Excellency the Governor was received and read:

EXECUTIVE CHAMBER,
TALLAHASSEE, Dec. 7th, 1861.

Hon. S. B. LOVE, Speaker of the House of Representatives:

        SIR: I have approved and signed the following bills and resolution, viz:

        An act to authorize the city of Pensacola to subscribe to the Capital Stock of the Selma & Gulf Railroad, and for other purposes;

        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 purposes;

        An act to provide for appeals from the decisions of the Mayor or other officers of Municipal Corporations;

        Resolution concerning Treasury Notes and the signing of the same.

Very Respectfully,

JOHN MILTON.


        A bill to be entitled an act to amend an act entitled an act to amend the charter of incorporation of the city of Jackconville approved Jan'y 13, 1859,

        Was read the second time, rule waived, read the third by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Bellamy, Blount, Broxson, Canova, Campbell, Collins, Hawes, Holland, Howell, Lee, McKinnon, Means, Mickler, Mizell, Oliver, Price, Richardson, Seward, Wall, Wells, Williams, Yates and Yon--24.

        Nay--Mr. Clyatt--1.

        So the bill passed--title as stated.


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        Ordered that the same be certified to the Senate.

        The rules being waived, Mr. Holland introduced a joint resolution providing for the lease and rent of an Exexutive mansion for the Governor of this State, until the Legislature shall, in pursuance of the Constitution, provide for the purchase or erection of one;

        Which was placed among the orders of the day.

        A bill to be entitled an act in reference to lands bought in by this State for taxes,

        Was read the second time, rule waived, read the third time by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Clyatt, Collins, Haddock, Hawes, Howell, McKinnon, Mickler, Oliver, Peterson, Price, Richardson, Scott, Seward, Wall, Wells, Williams, Yates And Yon--25.

        Nays--None.

        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 Circuit Courts of this State to change the name of persons residing therein,

        Was read the first time and ordered for a second reading on Monday.

        A bill to be entitled an act for the relief of Benjamin Hopkins and others,

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

        A bill to be entitled an act for the relief of John H. Rhodes, Constable of Leon county,

        Was read the second time and on motion referred to the Committee on the Militia.

        A bill to be entitled an act explanatory of an act to provide for the necessary supplies of the army and to prevent monopolies, and for other purposes,

        Was read the first time and ordered for a second reading on Monday.

        On motion, the House adjourned until Monday morning, 10 o'clock.

MONDAY, December 9, 1861.

        The House met pursuant to adjournment--a quorum present.

        The Rev. Mr. Blake officiated as Chaplain.

        On motion of Mr. Lee, the reading of the journal of Saturday's proceedings was dispensed with.


Page 202

        The rule being waived, on motion of Mr. Newburn, the House reconsidered the vote taken on a bill to be entitled an act in relation to Criminial Prosecutions.

        The rule being waived, the following bill was introduced without previous notice, viz:

        By Mr. McKinnon:

        A bill to be entitled an act to amend an act to change the time for holding the Circuit Courts for the Western Judicial Circuit;

        Which was placed among the orders of the day.

        Mr. Newburn introduced, without previous notice, a resolution for the purchase of seals for the county of Bradford;

        Which was placed among the orders of the day.

ORDERS OF THE DAY.

        Senate bill to be entitled an act to change the mode of appointing Constables,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Blount, Bloxham, Canova, Carter, Clyatt, Lee, McKinnon, Newburn, Richardson, Williams and Yon --12.

        Nays--Mr. Speaker, Messrs. Broxson, Campbell, Coffee, Collins, Cole, Howell, Means, Oliver, Peterson, Pooser, Price, Robinson, Seward, Wall and Yates--16.

        So the bill was lost.

        Ordered that the same be certified to the Senate.

        Resolution in relation to the return of the 2nd Regiment Florida Volunteers from Virginia to this State,

        Was read the second time, and referred to the Committee on the Militia.

        A bill to be entitled an act to authorize the Circuit Courts of this State to change the names of persons residing therein,

        Was read the second time, and ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act explanatory of an act to provide for the necessary supplies for the army in the State of Florida, to prevent monopolies and for other purposes,

        Was read the second time, and ordered to be engrossed for a third reading on to-morrow.

        Senate bill to be entitled an act defining what shall be considered solvent Bank Bills in the payment of public dues to this State,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Bellamy, Blount, Bloxham, Broxson,


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Canova, Campbell, Carter, Clyatt, Collins, Cole, Howell, Lee, McKinnon, Means, Newburn, Peterson, Pooser, Price, Richardson, Seward, Wall, Wells, Williams, Yates and Yon--27.

        Nays--Messrs. Coffee and Robinson--2.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act to authorize the Governor of this State to accept troops from the States of Georgia and Alabama,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, . Bellamy, Broxson, Canova, Carter, Clyatt, Coffee, Collins, Lee, McKinnon, Means, Oliver, Peterson, Pooser, Price, Richardson, Robinson, Seward, Wall, Wells, Williams, Yates and Yon--23.

        Nays--Mr. Speaker, Messrs. Blount, Bloxham, Cole, Howell and Newburn--6.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate resolution for the relief of John A. Vaughan, Sheriff of Holmes county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Bellamy, Blount, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Howell, Lee, McKinnon, Means, Newburn, Oliver, Peterson, Pooser, Price, Richardson, Robinson, Seward, Wall, Wells, Williams, Yates and Yon--29.

        Nays--None.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act to amend the 5th section of an act to provide for the issue of Treasury Notes, approved February 13th, 1861,

        Was read third time, and on motion of Mr. Broxham, (the rules being waived,) the bill was placed back on its second reading, and referred to the Judiciary Committee.

        Resolution providing for the lease and rent of an Executive Mansion for the Governor 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 amend an act to change the time for holding the Circuit Courts for the Western Judicial Circuit,

        Was read the first time, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:


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        Yeas--Mr. Speaker, Messrs. Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Haddock, Holland, Howell, Lee, McKinnon, Means, Newburn, Peterson, Pooser, Price, Richardson, Seward, Wall, Wells, Williams, Yates and Yon--29.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Resolution for the purchase of Seals for the county of Bradford,

        Was read the first time and ordered for a second reading on to-morrow.

        The following communication was received from the Attorney General, and read:

ATTORNEY GENERAL'S OFFICE,
December 9, 1861

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The following resolution has been transmitted to me by the Clerk of the House of Representatives:

        "Be it resolved, That the Attorney General be requested to give his opinion in writing to this House whether D. P. Holland was entitled to receive the pay charged by him as Adjutant and Inspector General or not, and that said Attorney General have the right to take evidence to enable him to arrive at said opinion."

        I have examined into the matter inquired of in this resolution and have ascertained the following facts: D. P. Holland was appointed by the Governor, Adjutant and Inspector General under and by virtue of the ordinance No. 38 of the Convention, entitled "An Ordinance for Military purposes." This is the Ordinance under which he received pay and commutation of quarters.

        From an examination of the above cited Ordinance, it appears that the Adjutant and Inspector General is an officer of the Governor's Staff, with the rank of Colonel. It further appears "that the officers and men of all ranks and grades in the service of Florida, when called into service or placed on duty, shall receive the same pay as officers and men of like rank in the army of the Confederate States." (See 5th section Ordinance.) From this it is manifest that the Adjutant and Inspector General was entitled to the pay of a Colonel in the service of the Confederate States.

        From an examination of "an act for the establishment and organization of the Army of the Confederate States of America,"


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(see acts and resolutions first session Provisional Congress No. 52, sec. 17 and 18,) it appears that "the pay of officers of the general staff, except those of the medical department, shall be the same as that of officers of cavalry of the same grade," and further, "the monthly pay of officers of the cavalry shall be as follows: of a Colonel, two hundred and ten dollars." This is the amount which was received monthly by D. P. Holland, for services as Adjutant and Inspector General, as appears from the Paymaster's books; and from what has been shown, it clearly appears that he was entitled to the same.

        In regard to the charge for Commutation of Quarters, I observe that section 20 of the act of Congress above cited, provides "That the pay of officers as hereinbefore established, shall be in full of all allowances, except forage, fuel, quarters and travelling expenses while travelling under orders." From this, it seems that the Adjutant and Inspector General was entitled to allowance for quarters, forage and fuel, besides travelling expenses.-- Adjutant General Holland received but commutation for quarters, to which be was entitled by said section, and did not receive anything for fuel or forage to which he was entitled. The amount of commutation for quarters seems to be reasonable and was fixed by the Paymaster General. This commutation is provided for by the act above mentioned and in the section last referred to.

        I am therefore of the opinion that D. P. Holland was entitled to receive the pay charged by him as Adjutant and Inspector General, and further, that he did not receive the full amount to which he was entitled in the strictest letter of the law.

Very respectfully,

JOHN B. GALBRAITH.


        Mr. Scott, from the Committee on Egrossed Bills, made the following report:

        The Committee on Engrossed Bills report the following bills and resolution as correctly engrossed, viz:

        A bill to be entitled an act to reduce the pay of Surgeon General;

        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; also,

        Joint resolution providing for a digest of the laws.

Respectfully submitted,

WM. H. SCOTT, Chairman.


        Which was read and the accompanying bills and resolution placed among the orders of the day.

        On motion, the House took a recess until five minutes after three o'clock, P. M.


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FIVE MINUTES AFTER THREE O'CLOCK, P.M.

        The House resumed its session--a quorum present.

        Joint resolution providing for a digest of the laws,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Blount, Canova, Campbell, Cole, Dansby, Holland, Lee, McKinnon, Mickler, Oliver, Pooser, Seward, Wall, Wells, Williams, Yates and Yon--18.

        Nays--Messrs. Arendell, Bloxham, Broxson, Carter, Coffee, Collins, Howell, Parker, Russell, Scott, Stewart and Vann--12.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        On motion, Messrs. Pooser and Coffee were excused from attendance on this House this afternoon, to attend a Committee meeting.

        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 third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Collins, Cole, Howell, Lee, McKinnon, Mickler, Mizell, Oliver, Parker; Price, Richardson, Robinson, Russell, Scott, Seward, Stewart, Vann, VanZant, Wall, Walls, Yates and Yon--30.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to reduce the pay of Surgeon General,

        Came up on its third reading but on motion was placed back on its second reading, and the following amendment offered by Mr. Holland:

        Strike out all after the enacting clause and insert, "That the Governor be and he is hereby authorized to appoint a Medical Director, who shall have the control of the medical staff and of all surgeons and assistant surgeons in the State service, and who shall receive the pay of a Captain of Cavalry."

        Upon the adoption of which the yeas and nays being called the vote was:

        Yeas--Messrs. Canova, Haddock, Holland, Parker, Price, VanZant, Wall and Vogt--8.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Broxson, Campbell, Carter, Clyatt, Collins, Howell, Richardson, Robinson,


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Russell, Scott, Seward, Vann, Wells, Williams, Yates and Yon--20.

        So the amendment was lost.

        The bill was then ordered for a third reading on to-morrow.

        On motion of Mr. Scott the vote indefinitely postponing a resolution Requesting the Governor to commission a Surgeon General Of this State at a proper salary,

        Was reconsidered and placed among the orders of the day.

        A bill to be entitled an act to suspend the operations 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 Feb'y 8, 1861,

        Was read the second time, and the following amendment offerred by Mr. Holland to be numbered as an additional section:

        SEC. 14. Be it further enacted, That said commissioners shall give public notice, so that all claims for said services may be presented to them for examination, and if found to be due, said commissioners shall certify the same, and the Comptroller shall issue his warrant on said certificate and the Treasurer--shall pay the same.

        Which was adopted.

        Mr. Holland moved that in the first and second lines of the third section, the words "the Governor be and he is hereby authorized and required to appoint" be stricken out, and insert "the General Assembly shall elect," which was lost.

        Mr. Williams then moved that the words in the second line of the third section of "two thousand" be stricken out, and "fifteen hundred" be inserted in lieu thereof;

        Upon which motion the yeas and nays being called, the vote was:

        Yeas--Messrs. Amos, Bloxham, Broxson, Campbell, Collins, Cole, Haddock, McKinnon, Oliver, Peterson, Price, Richardson, Robinson, Scott, Seward, Vann, Wall, Williams, Yates and Yon--20.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Canova, Carter, Clyatt, Howell, Lee, Means, Parker, Russell, Wells and Vogt--13.

        So the amendment was adopted.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

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


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TUESDAY, December 10, 1861.

        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. Blount moved that the Hon. Mr. McKinnon, member from Walton, be excused from further attendance upon the duties of this House during its present session;

        Which was adopted.

        Mr. Pooser moved that the Hon. J. V. Dansby be excused from further attendance on this House during the remainder of the session;

        Which was adopted.

        Mr. Newburn introduced the following memorial:

STATE OF FLORIDA, NEW RIVER COUNTY.
November 20th, 1861.

To the Honorable Senate and House of Representatives of the Slate of Florida in General Assembly convened:

        The prayer of your petitioners, citizens of the above State and County, respectfully showeth that whereas R. P. Lewis, of the above State and County, wishes to practice medicine in its various branches for the benefit of the surrounding country, we, therefore, having entire confidence in his skill and ability to discharge properly the duties of a Physician, beg leave that your honorable bodies pass an act enabling him to practice accordingly and to receive and collect by law such charges as are usually made therefor.

Alexander Willis, J. G. Cason, Silas Bird, Jas. Holliway, sen'r, Jos. Sweat, Jas. Holliway, jun'r, A. J. Pope, S. H. Burnett, Wm. Holliway, Joseph C. Harrell, Thos. C. Willis, Wm. B. Willis, James Wood, E. P. Ward, Nathaniel Fowler, Silas Weeks, Samuel Crews, W. A. Scarborough, J. M. Sweat, J. M. Godwin, John B. Cason, S. W. Sweat, Ashley Wynn, John E. Pinholster, M. D. Colson, S. B. Dampier, E. N. Atkins, T. F. Jones, J. W. Jones, Joseph A. Ellis, Nathan Sweat, David C. Croft, Levi Shaw, Wm. W. Wills, D. M. Poer, John Sweat, junior, J. O. E. Hall, A. H. Harrison, Henry Conner, Allen Grant, Henry Sapp, Charles Crofts, Jesse Johns, Joseph Kelly, C. A. Johns, J. A. J. McKinney, Roan Neal, M. L. McKinney,


Page 209

William Strickland, Richard Ward, Lewis Cone, David Kellum, H. M. Cone, Jacob Godwin, John O'Kelly, Mat. Scarborough, R. W. Jones, Jacob Croft, J. S. Spear, James R. Johnson, H. K. Alford, H. M. Dekle, Alfred Conner, Littleton Hancock, S. H. Renfroe, Pliny S. Crews, Wilson Conner, Allen Thomas, Francis Murrhee, William Underhill, J. M. C. Pooser, J. W. Migol, James Cason.


        Which was received and read, and on motion referred to the Committee on Propositions and Grievances.

        Mr. Vann offered the following resolution:

        Resolved by the House of Representatives of the State of Florida in General Assembly convened, That the Governor be and he is hereby respectfully required to inform this House whether or not any moneys belonging to the late United States were seized by the State of Florida, and if so, how much, and what disposition was 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 concerning Distributions, having had the same under consideration, instruct us to report that at the end of the first section add, "as the law now stands, including infant's estates who shall die intestate and without issue."

R. H. M. DAVIDSON,
Ch'n Senate Com.

A. C. BLOUNT,
Ch'n House Com.


        Which was read and the amendment proposed by the Committee adopted, and the accompanying 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 P. and H. Peterman, have had the same under consideration, and ask leave to report:

        That upon examination of the Sheriff's report from Putnam county, for licenses granted, they find that Messrs. Petermans are reported as having obtained licenses to keep a billiard table for the years commencing Nov. 4, 1858, and ending Nov. 4, 1860. That evidence of the issue of licenses by the clerk of said county is shown to your Committee, from Nov. 4, 1858, to Nov. 4, 1860, but as the Sheriffs have not complied with the requirements


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of the law by paying the amounts received by them for the said licenses into the State Treasury, the relief sought for ought not to be granted, as the redress of Messrs. Petermans should be upon the officers to whom said payments were made, and not upon the treasury of the Sate. The bill is respectfully submitted to the House.

A. A. CANOVA, Chairman.


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

        Also the following:

        The Committee on Claims, to whom reference was made of a bill entitled an act for the relief of Aaron W. DaCosta, beg leave to report, that the bill is precisely the same as others that have passed the General Assembly, based upon claims believed to be just and correct; they, therefore, report the same back to the House, and recommend its passage.

A. A. CANOVA, Chairman.


        Which was read, and the accompanying bill placed among the orders of the day.

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

        The Select Committee to whom was referred a resolution for the relief of James D. Green, report that they have had the same under consideration, and from the facts of the case, believe the relief should be granted, and, therefore, recommend the passage of the resolution.

JOHN PARKER, Chairman.

M. C. PETERSON,

E. J. VANN,

W. D. BLOXHAM,

B. W. BELLAMY.


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

        A committee from the Senate, consisting of Messrs. Dawkins, Jones and Duncan, waited upon the House and informed them that the Senate had appointed a Committee of five as a Committee of Conference on the House bill to provide for a stay of executions, and also conveying a joint resolution concerning a certain act of the Confederate Congress therein named.

        A committee from the Senate, consisting of Messrs. McCall, Abercrombie and Rogers, waited upon the House and informed them that the Senate had adopted a resolution to go into the election of Comptroller to-day, at 12 o'clock, M., and conveyed the same to the Hovse;

        Which was received and placed among the orders the day.


Page 211

        The rule being waived, the following bill was introduced without previous notice, viz:

        By Mr. Holland:

        A bill to be entitled an act to repeal an act entitled an act to provide for the necessary supplies for the army in the State of Florida, and to prevent monopolies and for other purposes, and to provide for the punishment of extortion;

        Which was placed among the orders of the day.

        The following message was received from the Senate:

SENATE CHAMBER,
December 6th, 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 to be entitled an act to consolidate the offices of Sheriff and Tax Assessor and Collector of Manatee county;

        House bill entitled a bill for the relief of R. B. Canova; also,

        A bill to be entitled an act for the relief of Joseph T. Prevatt; also,

        Joint resolution in relation to the completion of the Georgia & Pensacola Railroad in connection with the Savannah, Albany & Gulf Railroad.

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 bill and resolution placed among the orders of the day.

        Also the following:

SENATE CHAMBER,
December 6, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The following bill has this day been lost in the Senate, viz:

        House bill entitled an act for the relief of James F. Leffers of the county of Sumpter.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read.

        Also the following:


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SENATE CHAMBER,
Dec. 6, 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 incorporate an Insurance Company in the city of Tallahassee, to be called the Gulf State Insurance Company as amended;

        A bill to be entitled an act for the benefit of defendants in suit with amendments; title amended as per enclosed.

Very Respectfully,

JOHN B. WHITEHURST,
Secretary of Senate.


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

        Also the following:

SENATE CHAMBER,
Dec. 9, 1861.

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 Lewis Laird and others.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


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

        Also the following:

SENATE CHAMBER,
December 9, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day adopted a resolution to go into an election for two Confederate States Senators, on Tuesday the 10th inst., at three and a half o'clock, P. M., which is herewith enclosed.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read.

        Upon concurrence in the Senate amendments to the House bill to be entitled an act for the benefit of defendants in suit, the yeas and nays being called, the vote was:


Page 213

        Yeas--Mr. Speaker, Messrs. Amos, Bellamy, Blount, Bloxham, Broxson, Canova, Coffee, Hawes, Holloman, Lee, McKinnon, Means, Mickler, Oliver, Scott, Vogt and Yon--18.

        Nays--Messrs. Arendell, Campbell, Carter, Clyatt, Collins, Haddock, Holland, Howell, Hull, Mizell, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Seward, Stewart, VanZant, Wall, Wells, Williams and Yates--25.

        So the House refused to concur in the Senate amendments to said bill.

        Ordered that the same be certified to the Senate.

        The following message from his Excellency the Governor, was received and read:

EXECUTIVE DEPARTMENT,
Tallahassee, December 10, 1861.

Fellow Citizens of the Senate and House of Representatives:

        Your attention is respectfully invited to the accompanying copy of a letter of resignation of the office of Comptroller of Public Accounts, which resignation has taken effect to-day.-- The public interests require that you should elect a Comptroller, and permit the Executive to express the opinion that in no office is intelligence, integrity and experience, more requisite to the public interest, and especially at a time like the present, which demands no ordinary capacity to devise financial resources for the credit and support of the State Government.

        The Executive feels it to be also his imperative duty to invite your attention to the 15th section of the third article of the Constitution, in connection with the fact that the commission held by Mr. Williams as Comptroller may have expired when the last General Assembly adjourned. The information of the Executive is, that no commission has been issued since the adjournment appointing a Comptroller. If such be the fact, of which it is presumed there is no doubt, one important enquiry arises as to what shall be done by legislation to render valid the acts of Mr. Williams as Comptroller, in cases where the public interests and the rights of parties shall require legislation.

Very respectfully,

JOHN MILTON.


COMPTROLLER'S OFFICE,
Dec. 9, 1861.

GOVERNOR MIMTON:

        Wishing to enter the military, and feeling that I can be of more service there than in civil position, I tender you my resignation


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of the office of State Comptroller, to take effect on Tuesday, 10th of December.

        Allow me to tender you my sincere thanks for your uniform kindness and gentlemanly bearing toward me since we have been officially connected.

Respectfully,

R. C. WILLIAMS.


        On motion of Mr. Holland, eighty copies of the message were ordered to be printed.

        The rule being waived, on motion of Mr. Russell, the Senate resolution to go into the election of Comptroller to-day, at 12 M. was taken up and concurred in, and a Committee consisting of Messrs. Russell, McKinnon and Arendell were appointed to inform the Senate of the concurrence of the House.

        The rule being waived, Mr. Williams without previous notice introduced a bill to be entitled an act to authorize the suspension of specie payments;

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

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,

        Came up on its second reading, having been made the special order of the day.

        Mr. Blount offered the following amendment:

        Mr. Blount moves to amend by striking out all after the enacting clause, and inserting, "That the operation of the 8th section of an act entitled an act still further defining the duties of the Trustees of the Internal Improvement Fund, approved February 14th, 1861, be and the same is hereby suspended during the war now existing between the United States and the Confederate States of America: Provided, that this act shall in no wise be construed as waiving the principle or impairing the obligation contained in the said 8th section of the act aforesaid."

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Canova, Carter, Clyatt, Cole, Hawes, Holloman, Hull, Means, Mickler, Newburn, Price, Scott, VanZant and Vogt--19.

        Nays--Messrs. Bellamy, Broxson, Campbell, Coffee, Collins, Holland, Howell, Lee, McKinnon, Oliver, Parker, Peterson, Pooser, Richardson, Robinson, Russell, Seward, Vann, Wall, Wells, Williams, Yates and Yon--23.


Page 215

        So the amendment was lost.

        Mr. Holland then moved that said bill be indefinitely postponed,

        Upon which the yeas and nays being called, the vote was:

        Yeas--Messrs. Bellamy, Campbell, Holland, Howell, Oliver, Parker, Peterson, Pooser, Richardson, Robinson, Russell, Seward, Vann, Wall, Wells, Williams, Yates and Yon--18.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Broxson, Canova, Carter, Clyatt, Coffee, Collins, Cole, Haddock, Hawes, Holloman, Hull, Lee, McKinnon, Means, Mickler, Newburn, Price, Scott, Stewart, VanZant and Vogt--25.

        So the motion was lost.

        The bill was then ordered for a third reading on to-morrow.

        Senate joint resolution to go into the election of Confederate Senators to-day at 3 1/2 o'clock, P. M,

        Which was adopted.

        Ordered that the same be certified to the Senate.

        The rules being waived, 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 Benjamin Hopkins and others, ask leave respectfully to

REPORT:

        That they have had the same under consideration, and find that a bill framed in the precise phraseology of the bill submitted to your Committee, was introduced into the Senate of this State, and was regularly passed by that Honorable Body, on the 19th December, 1859: was sent to the House of Representatives and was passed by that body on the 22d December of said year. That it was not, however, approved by the Governor, and as the General Assembly adjourned on the same 22d day of December, it is presumed that that, with other bills passed at the same session, which your committee find not approved, failed to become laws for the want of time.

        They further find that a bill of the same purport, was afterwards introduced into the Senate, and was referred to the Committee on Claims and accounts or that Honorable body, who, on the 28th day of January, 1861, made an able report, (found at page 180 of the journals,) in which the justice of the claim was fully shown, and recommended the passage of the bill. That afterwards, on the 31st January, it was passed by that Honorable Body almost unanimously, and was sent to the House of Representatives, where, as is supposed, from not being understood, it was by a very small vote indefinitely postponed. Your committee


Page 216

have given a minute of the legislation had upon the bills. mentioned. This, however, was not all upon this subject. By an act of Assembly approved December 18, 1854, the Comptroller was instructed to audit and allow to Dr. Algernon S. Spear, one of the members of Gen. Hopkins' staff, the pay and allowances of a surgeon in the army of the United States for the time he was engaged as surgeon of the troops under the command of General Hopkins, engaged in operations against the Indians in 1852, with a proviso that the pay already allowed to Dr. Spear as 1st Lieutenant under the act of January 8th, 1853, be deducted from said amount, and to allow to Arthur Ginn, another of the members of General Hopkins' staff, the pay and allowances of Quartermaster in the army of the United States for the same time, with a like proviso that the pay received by him as 1st Lieutenant under said act be deducted from said amount: which sums were duly allowed by the Comptroller and paid by the Treasurer. Your committee find said act of December 18, 1854, to be precisely similar to the act submitted to your committee, the necessary difference being made of name of claimant, office, &c., and that while justice has been done to all who served under General Hopkins, except himself and the others named in the bill submitted to your committee, they have been asking for years that justice should be done to them, yet have not received it.

        Believing that the claim is just and should be paid, your committee return said bill to the House, and recommend its passage.

A. A. CANOVA, Chairman.


        Which was received and read and the accompanying bill placed among the orders of the day.

        A bill to be entitled an act relative to the Public Lands of the State of Florida,

        Was read the second time and the following amendments offered by Mr. Blount:

        Mr. Blount moves to amend by striking out of the 4th line of the 6th section, the words "middle circuit of Florida," and inserting the words "circuit in which the lands in controversy are situated;"

        Strike out the word "middle" from the 7th line of same section;

        Strike out the words "Leon circuit court," and insert the "circuit of the county within which said land may be situated," in the 11th line of same section;

        Insert the word "said" between the word "the" and the word "circuit" in the 13th line of the same section; and strike out from the same line of the same section the words "in and for Leon county;"

        Amend 7th section by striking out of the 3d line the words


Page 217

"for Leon county" and insert the word "said" between the word "the" and the words "circuit court;"

        Add to said 7th section the words "provided a copy of said writ shall be served upon the Register within thirty days before the first day of said term of court, and said writ may be directed to the Sheriff of Leon county;"

        Which were adopted.

        Mr. Scott, from the Committee on Engrossed Bills, made the following report:

        The Committee on Engrossed Bills report the following bills and resolution as correctly engrossed, viz:

        A bill to be entitled an act to authorize the Circuit Courts of this State to change the names of persons residing therein;

        A bill to be entitled an act explanatory of an act to provide for the necessary supplies of the army to prevent monopolies, and for other purposes;

        A bill to be entitled an act to suspend the operations 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; also,

        Resolution for the relief of certain citizens of Leon county and all the counties in this State.

Respectfully submitted,

WM. H. SCOTT, Chairman.


        Which was read and the accompanying bills and resolution placed among the orders of the day.

        A committee from the Senate, consisting of Messrs. Chain, Starke and Walker waited upon the House and informed them that the Senate was ready to go into the election of Comptroller.

        On motion of Mr. Holland, a Committee from the House consisting of Messrs. Holland, Pooser and Robinson were appointed to wait upon the Senate, and inform them that the House was ready to go into the election of Comptroller.

        The Senate entered the hall of the House, and the President by request of the Speaker took the chair, and announced the object of the Joint Meeting to be to elect a Comptroller.

        Nominations being announced in order,

        Mr. Brokaw nominated Walter Gwynn of Leon county;

        Mr. Newburn nominated A. J. Peeler of Leon county;

        Mr. Dawkins nominated Mr. Pooser of Jackson county;

        Mr. Bowers nominated E. L. T. Blake of Leon county.

        The Joint Meeting then proceeded to the election.

        The vote was:

        FOR BLAKE--Senate 9. House--Messrs. Campbell, Coffee, McKinnon, Means, Scott and Yon--7. Total 16.


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        FOR PEELER--Senate 1. House--Messrs. Arendell, Blount, Canova, Carter, Clyatt, Cole, Holland, Howell, Mizell, Peterson, Richardson, Russell, Seward, Vann, Wall, Wells, Williams and Yates--18. Total 18.

        FOR GWYNN--Senate 6. House--Mr. Speaker, Messrs. Amos, Bellamy, Bloxham, Collins, Haddock, Holloman, Hull, Mickler, Oliver, Price, Stewart, VanZant and Vogt--14. Total 20.

        FOR POOSER--Senate 5. House--Messrs. Parker, Pooser and Robinson--3. Total 8.

        BLANK--House--Messrs. Hawes and Lee--2.

        Neither of the candidates having received the requisite majority, the President declared there was no election.

        The Joint Meeting then proceeded to a second ballot.

        The vote was:

        FOR BLAKE--Senate 5. House--Messrs. Campbell, Coffee, McKinnon and Scott--4. Total 9.

        FOR PEELER--House--Messrs. Arendell, Blount, Canova, Carter, Clyatt, Cole, Howell, Lee, Means, Newburn, Peterson, Richardson, Russell, Seward, Wall, Williams and Yates--17. Total 17.

        FOR GWYNN--Senate 10. House--Mr. Speaker, Messrs. Amos, Bellamy, Bloxham, Collins, Haddock, Hawes, Holloman, Hull, Mickler, Oliver, Price, Stewart, VanZant, Wells, Vogt and Yon--17. Total 27.

        FOR POOSER--Senate 5. House--Messrs. Broxson, Parker, Pooser and Robinson--4. Total 9.

        BLANK--Senate 1. House--Mr. Vann--1. Total 2.

        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 third ballot.

        The vote was:

        FOR BLAKE--Senate 2. House--Messrs. Campbell, Coffee, McKinnon and Means--4. Total 6.

        FOR PEELER--Senate 2. House--Messrs. Arendell, Blount, Canova, Carter, Cole, Hawes, Howell, Newburn, Peterson, Richardson, Russell, Seward, Vann, Wall, Wells, Williams and Yates--17. Total 19.

        FOR GWYNN--Senate 11. House--Mr. Speaker, Messrs. Amos, Bellamy, Bloxham, Collins, Haddock, Holloman, Hull, Mickler, Oliver, Parker, Price, Stewart, VanZant, Vogt and Yon--17. Total 28.

        FOR POOSER--Senate 5. House--Messrs. Broxson, Pooser and Robinson--3. Total 8.

        BLANK--Senate 1. House--Mr. Lee--1. Total 2.

        Neither of the candidates having received the requisite majority, the President declared there was no election.


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        Mr. Dawkins--then withdrew the name of Mr. Pooser; Mr. Bowers the name of Mr. Blake.

        Mr. Blake was again put in nomination by Mr. Pooser.

        The Joint Meeting then proceeded to a fourth ballot.

        The vote was:

        FOR PEELER--Senate 1. House--Messrs. Arendell, Blount, Canova, Carter, Clyatt, Cole, Howell, Lee, McKinnon, Newburn, Peterson, Richardson, Russell, Seward, Vann, Wall, Williams and Yates--18. Total 19.

        FOR GWYNN--Senate 14. House--Mr. Speaker, Messrs. Amos, Bellamy, Bloxham, Campbell, Coffee, Collins, Haddock, Hawes, Holloman, Hull, Mickler, Oliver, Price, Scott, Stewart, VanZant, Vogt and Yon--19. Total 33.

        FOR BLAKE--Senate 5. House--Messrs. Means, Parker, Pooser, Robinson and Wells--5. Total 10.

        Neither of the candidates having received the required number of votes, the President declared there was no election.

        The Joint Meeting then proceeded to a fifth ballot.

        The vote was:

        FOR PEELER--Senate 1. House--Messrs. Arendell, Blount, Canova, Clyatt, Cole, Hawes, Howell, Newburn, Peterson, Richardson, Robinson, Seward, Vann, Wall, Wells, Williams and Yates--18. Total 19.

        FOR GWYNN--Senate 18. House--Mr. Speaker, Messrs. Bellamy, Bloxham, Campbell, Carter, Coffee, Collins, Haddock, Holland, Holloman, Hull, Lee, Mickler, Oliver, Price, Russell, Scott, Stewart, Vogt and Yon--21. Total 39.

        FOR BLAKE--Senate 2. House--Messrs. McKinnon, Means, Parker and Pooser--4. Total 6.

        The President declared Walter Gwynn duly elected Comptroller for the unexpired term of office of R. C. Williams, resigned.

        On motion the Joint Meeting then adjourned.

        The following communication was received from his Excellency the Governor and read:

EXECUTIVE DEPARTMENT
TALLAHASSEE, December 9, 1861.

Fellow Citizens of the Senate and
House of Representatives:

        In consequence of the existing blockade of Southern Ports, the produce of Agriculture is confined within the States composing the Southern Confederacy. Commerce with foreign nations, and most happily with the so-called United States, is prevented. One consequence is, a scarcity of money, and hence, our citizens cannot, without a great sacrifice of property, beneficial alone to a few Shylocks, pay debts existing, and the amount required by


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taxation to support the State and Confederate Government. To save the people harmless from the necessity of a sacrifice to pay debts, a law exists in Florida, and similar laws in other States, "to stay Executions." In many instances the officers of the Courts are dependent for the support of themselves and families upon the costs which have been incidental to existing judgments and decrees of the Courts.

        In the opinion of the Executive, the costs due to officers which have accrued up to the time of the rendition of judgments and decrees, should be paid. To the parties litigant, considered severally, the amount of costs is inconsiderable; but collectively, is sufficient to insure the support of the officers of the Court. A law to prevent forced collections upon Executions, which have been issued, or the issue of which is justified by existing judgments and decrees until one year after peace shall be made, and the ordinary channel of trade restored, would be beneficial, securing to creditors the rights they now have by the laws authorizing attachments. And if, by the provisions of the act and for the same length of time, the sessions of Court, except for the trial of crimes and misdemeanors, should be suspended, unnecessary litigation and the accumulation of costs may be avoided.

        How long the war shall last cannot be reasonably conjectured; but it is now most earnestly hoped it will continue until the independence of the Confederate States of America shall not only be recognized, but experienced by all foreign nations, or until the angel shall proclaim "Time is no more."

        And permit me to express to you, Senators and Representatives, the deep humiliation of feeling experienced by the great anxiety which has been manifested to have the independence of the Confederate States of America recognized formally by foreign nations, which should be made to feel the independence of the Confederates, and forced, by their own commercial interests, to respect it. "Free Trade and Sailors' Rights," were the watchwords of our fathers. "Free Trade and Farmers' Rights," should be ours.

        The support of the Confederate Government by direct taxation, will avoid the enormous expense incident to Custom Houses and the corrupting influences of Executive patronage. Of the late tax imposed by Congress, there would have been no complaint if the provisions of the law had evinced, the judgment of the people, a wise economy. There was perhaps no necessity for Tax Assessors, &c., to have been appointed, and especially in States where the ad va lorem system of taxation prevailed. The information necessary could have been furnished in the several States by the Comptroller of Public Accounts, and thus the necessary information obtained at a cost of perhaps one hundred


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dollars in each State, (and the people saved from the annoyance that a Tax Assessor's presence never fails to inspire) to obtain which, tens of thousands of dollars will be spent by the employment of Tax Assessors.

        The portion of revenue due from Florida for the support of the Confederate Government, should be paid at any necessary sacrifice. "Millions for defence--not a cent for tribute," should be the motto of the gallant sons of the worthy sires of the American revolution.

        To defend the South from the tribute--which would be demanded by the North--Millions upon millions, and life upon life, should be the willing offering of a brave and generous people, resolved to defend life, liberty and property from vandalism.

        But the necessities of the times, with the future prospects of Florida from increased population and wealth, make it desirable to pay the amount called for by the Confederate Government, without increasing taxation at this time, if it can be honorably done.

        How can it be done? In the opinion of the Executive, it may be done by the General Assembly authorizing the issue of Treasury Notes, none of which should be of less denomination than ten dollars. These Treasury Notes, unlike the present, payable only in taxes, should be redeemable as Bank Notes are in other States, and have the similitude and form of Bank Notes.

        These Treasury Notes may be used in defraying the expenses of the Confederate Government in the maintenance of the war, not only in Florida, but in our sister States, and in account with the Confederate Government its Treasury Notes may be substituted to enable Florida to contribute her full quota to the support of the Confederate Government. Official reports, not forgotten, establish the fact that the climate of Florida is more delightful and more healthy than the climate of any one of the Confederate States. Florida's soil is fertile and easily cultivated, and will yield abundant and profitable crops of cotton, corn, rice, sugar, tobacco, and every thing else which makes agriculture a profitable and delightful employment. The orange, the lemon, the pine apple--in a word, all the tropical fruits, will, in a few years, be produced in the greatest abundance. These natural advantages, taken in connection with the fact that while the Western States will for many years be exposed to depredations of Indians, Mexicans and abolitionists, Florida will be comparatively secure "from enemies within and without her borders;" and more especially if patriotism and enterprise shall provide the proper coast defences. Such prominent advantages will induce emigration to Florida of citizens most conducive to the wealth and glory of a State: Farmers--Mechanics--and Artizans.


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        In a few years, the population and resources of Florida will become tenfold, and the amount to be realized by taxation to pay off debts now being incurred, will be light and cheerfully paid.

Very respectfully, your fellow-citizen,

JOHN MILTON.


        On motion, 80 copies thereof were ordered to be printed.

        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.

        Mr. Holloman moved that a Committee of Conference be appointed on the part of the House to confer with a similar Committee appointed by the Senate as a Committee of Conference on Senate amendments to House bill to be entitled an act providing for a stay of Executions;

        Which was agreed to, and Messrs. Holloman, Bloxham, Blount, Hull and Russell were appointed said Committee.

        A communication addressed to the Speaker of the House from sundry officers of the fourth Regiment Florida Volunteers,

        Was, on motion, referred to the Committee on the Militia.

        A bill to be entitled an act to suspend the operations 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 iu the last War with the Seminole Indians, approved February 8, 1861;

        Came up on its third reading, and on motion, was placed back on its second reading.

        Mr. Vann offered the following amendment to said bill:

        SEC. 15. Be it further enacted, That nothing in this act shall be so construed as to impair the validity of the warrants in the hands of bona fide holders, which have already been issued under the provisions of in 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 Feb'y 8, 1861.

        Upon which the yeas and nays being called for, the vote was:

        Yeas--Messrs. Canova, Coffee, Peterson, Richardson, Vann, VanZant, Wall and Wells--8.

        Nays--Mr. Speaker, Messrs. Amos, Arendell, Bloxham, Campbell, Carter, Cole, Holland, Howell, Hull, Lee, Mickler, Newburn, Oliver, Pooser, Price, Russell, Scott, Seward, Yates and Yon--25.

        So the amendment was lost.


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        On motion, the further consideration of the bill was postponed until to-morrow.

        On motion, Mr. Stewart was excused from attendance on the House to-morrow.

        A bill to be entitled an act to authorize the Circuit Courts of this State to change the names of persons residing therein,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Hawes, Holland, Howell, Hull, Lee, McKinnon, Mickler, Newburn, Oliver, Parker, Peterson, Pooser, Price, Russell, Seward, Vann, VanZant, Wall, Wells, Vogt, Williams and Yon--35.

        Nays--Messrs. Haddock, Stwart and Yates--3.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The following message was received from the Senate, viz:

SENATE CHAMBER,
Dec. 10, 1861.

HON. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate passed the following bill on the 4th inst., which, until this moment has been in possession of one of the Senate Committees, viz:

        A bill to be entitled an act to regulate proceedings before Justice's of the Peace in the trial of offences committed by slaves, free negroes, or mulattoes.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read, and the accompanying bill placed among the orders of the day.

        The following message was received from his Excellency the Governor, and read:

EXECUTIVE DEPARTMENT,
Tallahassee, December 10, 1861.

Fellow-Citizens of the Senate and House of Representatives:

        My attention has been invited, as will appear by a subjoined copy of a letter from the Chairman of the Committee on Claims of the House of Representatives, to a claim of Benjamin Hopkins and others now before your honorable bodies; and having given it a careful examination, I am satisfied that faithful services were rendered by those of the


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claimants now living, and the gallant John L. Hopkins who is now dead, (whose widow now claims in his place.) in operations against the Seminole and other Indians in South Florida in the year 1852 and 1853 for which they and others of Gen. Hopkins' staff were partially paid under a Resolution of the General Assembly approved January 8th, 1853. I find also that under said Resolution all the command of Gen. Hopkins, except himself and staff, were fully paid; and that subsequently, viz: on the 18th December, 1854, an act of Assembly was approved instructing the Comptroller "to audit and allow to Dr. Algernon S. Spear," one of the members of Gen. Hopkins' staff, "the pay and allowances of a Surgeon in the army of the United States, for the time he was actually engaged as Surgeon with the troops under the command of Gen. Hopkins when engaged in operations against the Indians in South Florida in the year 1852, provided that the pay already allowed to said Spear as First Lieutenant under" said resolution, "approved January 8th, 1853, be deducted from said amount;" and also to allow "Arthur Ginn (another of the members of the staff of Gen. Hopkins,) the pay and allowances of a Quartermaster in the army of the United States service for the time he was actually engaged as Quartermaster with the troops under the command of Gen. Hopkins when engaged in operations against the Indians in South Florida in 1852, provided that the pay already received by said Ginn as First Lieutenant, under" said resolution, "approved January 8th, 1853, be deducted from said amount." By said act of Dec. 18, 1854, the Treasurer of the State was directed to pay the warrants which were directed to be issued by the Comptroller, out of any monies in the Treasury not otherwise expended, which has been done.

        By this act, full justice was done to the Surgeon and Quartermaster, and in my judgment the same should long since have been done to the General and the other members of his staff living, and the one who is dead, who are the only parties who have not received it. Either the parties were entitled to pay for their services or they were not entitled, and it was scant justice, after they had faithfully served the State, to meet out to a part of them full pay, and to the others scant compensation. They should all have been paid fully, and not a part paid in full, and the remainder partially. When the act of December 18th, 1854, was passed and


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approved, justice was done to two of the members of the staff of Gen. Hopkins, which has ever since been matter of State pride, and ever will be; and should the same be done to General Hopkins and the others whose claim is now before the General Assembly, the State will then, though tardily, have discharged an obligation which is above the mere question of the amount due. The State has, I believe, honorably discharged every debt due to all the soldiers that she has ever had in the field in any former war, except to Gen. Hopkins and the others mentioned in the bill now before your honorable bodies, and feel confident that she will honorably discharge it to the claimants in said bill. I therefore respectfully recommend the claim to your favorable consideration.

Very respectfully,

Your fellow-citizen,
JOHN MILTON.


[COPY.]

HOUSE OF REPRESENTATIVES,
December 9th, 1861.

        SIR--The House has referred to the Committee on Claims, of which I am chairman, a bill entitled "An act for the relief of Benjamin Hopkins and others," for services against the Seminole Indians in the year 1852.

        The bill, in the opinion of the Committee, possesses merit, and as there has been considerable legislation on the subject by the General Assembly of 1859 and 1860, the Committee will be under many obligations for any information you may communicate to the General Assembly in reference thereto.

I have the honor to be, sir,
Your obedient servant,

A. A. CANOVA, Chairman.


        Mr. Russell moved that the same be laid on the table;

        Upon which the yeas and nays being called, the vote was:

        Yeas--Messrs. Howell, Russell and Seward--3.

        Nays--Mr. Speaker, Messrs. Amos, Bellamy, Broxson, Campbell, Carter, Clyatt, Coffee, Collins, Cole, Holland, Hull, Means, Mickler, Oliver, Peterson, Pooser, Price, Richardson, Robinson, Scott, Vann, Wall, Williams, Yates and Yon--26.


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        So the motion was lost.

        Mr. Hull moved that said message be referred to the Committee on Claims;

        Which was agreed to.

        A Committee from the Senate, consisting of Messrs. McCall. Ingram and Rogers 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. Bloxham, a Committee of three, consisting of Messrs. Bloxham, Scott and Price, 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, to elect two Confederate Senators.

        Nominations being announced in order,

        Mr. McCall nominated J. T. Magbee of Hillsborough County.

        Mr. Rogers nominated George T. Ward of Leon county.

        Mr. Stewart nominated Geo. W. Call of Nassau county.

        Mr. Lee nominated James M. Baker of Columbia county.

        Mr. Chain nominated Jackson Morton of Santa Rosa county.

        Mr. Bellamy nominated A. E. Maxwell of Escambia county.

        Mr. Brokaw nominated Thomas Baltzell of Leon county.

        The Joint Meeting then proceeded to the election.

        The vote was:

        FOR WARD--Senate 7. House--Messrs. Arendell, Broxson, Hawes, Holland, Scott and Stewart--6. Total 13.

        FOR CALL--Senate 10. House--Messrs. Amos, Arendell, Broxson, Carter, Clyatt, Collins, Hawes, Mickler, Richardson, Stewart and Yates--11. Total 21.

        FOR BAKER--Senate 1. House--Messrs. Bellamy, Campbell, Coffee, Cole, Holloman, Hull, Lee, McKinnon, Newburn, Pooser, Price, Robinson, Russell, Seward, Vann, VanZant, Wall, Wells and Williams--18. Total 19.

        FOR MORTON--Senate 2. House--Mr. Speaker, Messrs. Amos, Blount and Haddock--4. Total 6.

        FOR MAXWELL--Senate 3. House--Messrs. Bellamy, Bloxham, Carter, Coffee, Collins; Cole, Holloman, McKinnon, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Vann, VanZant, Wall, Wells and Yon--19. Total 22.

        FOR MAGBEE--Senate 6. House--Messrs. Blount, Clyatt, Howell, Lee, Mickler, Newburn, Oliver, Peterson, Seward, Yates and Yon--1. Total 17.

        FOR BALTZELL--Senate 1. House--Mr. Speaker, Messrs.


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Bloxham, Canova, Campbell, Haddock, Holland, Howell, Oliver and Williams--9. Total 10.

        BLANK--Senate 3. House--Messrs. Parker and Vogt--2. Total 5.

        Neither of the candidates having received the requisite majority, the President declared there was no election.

        The Joint Meeting then proceeded to a second ballot.

        The vote was:

        FOR WARD--Senate 6. House--Mr. Speaker, Messrs. Broxson, Haddock, Hawes, Holland, Scott and Stewart--7. Total 13.

        FOR CALL--Senate 12. House--Mr. Speaker, Messrs. Amos, Arendell, Broxson, Clyatt, Collins, Haddock, Hawes, Mickler, Richardson, Robinson, Stewart, Vogt and Yates--14. Total 26.

        FOR BAKER--Senate 1. House--Messrs. Bellamy, Campbell, Carter, Coffee, Cole, Holloman, Hull, Lee, McKinnon, Newburn, Parker, Peterson, Pooser, Price, Russell, Vann, VanZant, Wall, Wells, Vogt and Williams--21. Total 22.

        FOR MORTON--Senate 4. House--Messrs. Amos, Blount, Howell and Stewart--4. Total 8.

        FOR MAXWELL--Senate 4. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Coffee, Collins, Cole, Holloman, Hull, Lee, McKinnon, Pooser, Price, Richardson, Robinson, Russell, Scott, Vann, VanZant, Wall, Wells and Yon--23. Total 27.

        FOR MAGBEE--Senate 5. House--Messrs. Blount, Clyatt, Howell, Mickler, Newburn, Oliver, Parker, Peterson, Seward, Yates and Yon--11. Total 16.

        FOR BALTZELL--Senate 2. House--Messrs. Bloxham, Canova, Holland, Oliver and Williams--5. Total 7.

        BLANK--Senate 3. Total 3.

        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 third ballot.

        The vote was:

        FOR WARD--Senate 5. House--Messrs. Broxson, Haddock, Hawes, Holland, Holloman, Scott and Stewart--7. Total 12.

        FOR CALL--Senate 14. House--Messrs. Broxson, Clyatt, Collins, Haddock, Hawes, Holloman, Mickler, Richardson, Robinson, Stewart, Vogt and Yates--12. Total 26.

        FOR BAKER--Senate 4. House--Messrs. Arendell, Bellamy, Campbell, Carter, Coffee, Cole, Hull, Lee, McKinnon, Newburn, Peterson, Pooser, Price, Russell, Vann, VanZant, Wall, Wells, Vogt and Williams--20. Total 24.

        FOR MORTON--Senate 3. House--Messrs. Amos, Blount, Holland, Howell, Mickler and Seward--6. Total 9.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy,


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Bloxham, Campbell, Carter, Coffee, Collins, Cole, Hull, Lee, McKinnon, Oliver, Pooser, Price, Richardson, Robinson, Russell, Scott, Vann, VanZant, Wall, Wells and Yon--23. Total 29.

        FOR MAGBEE--Senate 5. House--Mr. Speaker, Messrs. Blount, Clyatt, Howell, Newburn, Oliver, Peterson, Seward, Yates and Yon--10. Total 15.

        FOR BALTZELL--Senate 1. House--Messrs. Bloxham and Williams--2. Total 3.

        BLANK--Senate 1. House--Messrs. Canova, Means and Parker--3. Total 4.

        Neither of the candidates having received the requisite number of votes, the President declared there was no election.

        The President announced nominations still in order.

        Mr. Abercrombie nominated T. T. Long of Nassau county.

        Mr. Williams nominated A. L. Woodward of Leon county.

        Mr. Parker nominated J. M. Taylor of Hernando county.

        The Joint Meeting then proceeded to a fourth ballot.

        The vote was:

        FOR WARD--Senate 6. House--Mr. Hawes--1. Total 7.

        FOR CALL--Senate 12. House--Messrs. Collins, Haddock, Hawes, Holloman, Mickler, Richardson, Robinson and Vogt--8. Total 20.

        FOR BAKER--Senate 3. House--Messrs. Arendell, Bellamy, Broxson, Campbell, Carter, Coffee, Cole, Holloman, Hull, Lee, McKinnon, Newburn, Pooser, Price, Russell, Vann, VanZant, Wall, Wells, Vogt and Williams--21. Total 24.

        FOR MORTON--Senate 3. House--Mr. Blount--1. Total 4.

        FOR MAXWELL--Senate 5. House--Messrs. Amos, Arendell, Bellamy, Campbell, Carter, Coffee, Collins, Cole, Lee, McKinnon, Newburn, Pooser, Price, Richardson, Robinson, Russell, Scott, Vann, VanZant, Wall and Wells--21. Total 26.

        FOR MAGBEE--Senate 5. House--Messrs. Blount, Clyatt, Howell, Peterson, Seward, Yates and Yon--7. Total 12.

        FOR LONG--Senate 1. House--Mr. Speaker, Messrs. Bloxham, Broxson, Clyatt, Haddock, Holland, Howell, Hull, Means, Mickler, Oliver, Yates and Yon--12. Total 13.

        FOR WOODWARD--Senate 1. House--Mr. Speaker, Messrs. Bloxham, Holland, Means, Oliver and Williams--6. Total 7.

        FOR TAYLOR--House--Messrs. Parker and Peterson--2. Total 2.

        BLANK--Senate--2. House--Mr. Canova 1. Total 3.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        Mr. Williams withdrew the name of A. L. Woodward.

        Mr. Parker withdrew the name of J. M. Taylor.

        The Joint Meeting then proceeded to a fifth ballot.


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        The vote was:

        FOR WARD--Senate 6. House--Mr. Speaker, Messrs. Broxson, Hawes, Holland and Scott--5. Total 11.

        FOR CALL--Senate 10. House--Mr. Speaker, Messrs. Amos, Collins, Haddock, Hawes, Mickler and Richardson--7. Total 17.

        FOR BAKER--Senate 3. House--Messrs. Arendell, Bellamy, Bloxham, Broxson, Campbell, Carter, Coffee, Cole, Holloman, Hull, Lee, McKinnon, Means, Newburn, Parker, Peterson, Pooser, Price, Robinson, Russell, Vann, VanZant, Wall, Wells and Williams--24. Total 27.

        FOR MORTON--Senate 6. House--Messrs. Amos, Blount, Clyatt and Means--4. Total 10.

        FOR MAXWELL--Senate 3. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Coffee, Collins, Cole, Haddock, Holloman, Hull, Lee, McKinnon, Newburn, Oliver, Pooser, Price, Richardson, Robinson, Russell, Scott, Vann, VanZant, Wall, Wells, Williams and Yon--27. Total 30.

        FOR MAGBEE--Senate 4. House--Messrs. Blount, Clyatt, Howell, Oliver, Parker, Peterson, Seward, Yates and Yon--9. Total 13.

        FOR LONG--Senate 1. House--Messrs. Holland, Howell, Mickler and Yates--4. Total 5.

        BLANK--Senate 4. House--Mr. Canova--1. Total 5.

        The President declared that there was no election, neither of the candidates having received the requisite number of votes.

        The President announced nominations still in order.

        Mr. Love nominated Hon. S. R. Mallory of Escambia county.

        Mr. Holland nominated McQueen McIntosh of Franklin county.

        The Joint Meeting then proceeded to a sixth ballot.

        The vote was:

        FOR WARD--Senate 4. House--Mr. Speaker, Messrs. Blount, Broxson, Hawes, Holland and Stewart--6. Total 10.

        FOR CALL--Senate 9. House--Messrs. Broxson, Collins, Haddock, Hawes, Mickler, Richardson, Stewart and Yates--8. Total 17.

        FOR BAKER--Senate 4. House--Messrs. Arendell, Bellamy, Campbell, Carter, Coffee, Cole, Haddock, Holloman, Hull, Lee, McKinnon, Means, Newburn, Parker, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells and Vogt--25. Total 29.

        FOR MORTON--Senate 4. House--Messrs. Amos and Blount 2. Total 6.

        FOR MAXWELL--Senate 4. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Coffee, Collins, Cole, Holloman, Hull, Lee, McKinnon, Newburn, Oliver, Parker, Pooser,


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Price, Robinson, Russell, Scott, Seward, Vann, Van Zant, Wall and Wells--25. Total 29.

        FOR MAGBEE--Senate 6. House--Messrs. Clyatt, Howell, Oliver, Peterson, Seward and Yates--6. Total 12.

        FOR LONG--Senate 1. Total 1.

        FOR MCINTOSH--House--Messrs. Holland and Means--2. Total 2.

        FOR MALLORY--Senate 4. House--Mr. Speaker, Messrs. Bloxham, Canova, Clyatt, Howell, Mickler, Peterson and Williams--8. Total 12.

        BLANK--Senate 3. House--Mr. Yon--1. Total 4.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        On motion, the Joint Meeting adjourned.

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

WEDNESDAY, December 11, 1861.

        The House met pursuant to adjournment--a quorum present.

        On motion of Mr. Russell, the reading of yesterday's journal was dispensed with.

        The following communication, addressed to the Speaker, by the Rev. Mr. Blake, the Chaplain of this House, was read:

TALLAHASSEE, Dec. 11, 1861.

HON. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        Dear Sir: I shall not be able to serve the House as Chaplain during the remainder of the session.

Respectfully,

E. L. T. BLAKE.


        On motion, Messrs. Mickler and Hawes were granted leave of absence, and excused from further attendance on the House after to-day, during the present session.

        Mr. Russell moved that the vote taken yesterday on an amendment offered by Mr. Vann, on a bill to be entitled an act to suspend the operations of an act entitled all 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 Feb'y 8,1861 be reconsidered;

        Which was agreed to.


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        Mr. Vann introduced a joint resolution to go into the election of Confederate Senators this evening, at 3 1/2 o'clock, P. M.

        Which was adopted, and on motion, a committee consisting of Messrs. Coffee, Blount and Holloman, were appointed to convey said resolution to the Senate and request their concurrence.

        The rules being waived, the following bill was introduced without previous notice:

        By Mr. Russell:

        A bill to be entitled an act to amend an act to extend the time for collecting taxes in this State;

        Which was placed among the orders of the day.

        Mr. Blount, from the Committee on the Judiciary, made the following report:

        The Joint Judiciary Committe to whom was referred a bill to be entitled an act to provide for the issue of Treasury Notes, approved February 14, 1861, have had the same under consideration, and ask leave to report the same back to the House without amendment, and recommend its passage.

All of which is respectfully submitted,

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.

        Also the following:

        The Committee on the Judiciary to whom was referred a bil to be entitled an act more effectually to secure the payment for stock killed or injured on railroads, have had the same under consideration and ask leave to recommend the following amendments for the consideration of the House:

        Strike out all after the word "duty" in the 5th line of the 1st section and insert the words "of the Judges of Probate of the several counties of this State, into, or through which any railroad may pass, to appoint a suitable person or suitable persons to appraise stock killed or injured by any railroad train, or by the negligence of any person or persons in the employment of any such railroad, and it shall be the duty of such person or persons thus appointed, upon application made to him or them, either by the railroad company or its agent or employee, or by the party interested in the stock so killed or injured, upon view of the stock so killed or injured, or upon the testimony produced before him or them touching the same, to appraise and assess the value of said stock, and make return of such appraisement or assessment to the Judge of Probate of the county within which he is appointed.


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        Sec. 2. Be it further enacted, That it shall be the duty of every railroad company in this State to cause the marks and brands, together with the flesh marks of any and all stock killed or injured on any such railroad, to be noted and taken down, and a memorandum of the same to be published at the two nearest stations at which such killing or injury may have taken place, and it shall further be the duty of said company to transmit a copy of said memorandum to the person appointed by the said Probate Court to appraise said stock, and who may be residing nearest the station at which such killing or injury may have taken place, and for the neglect or violation of either of the requirements contained in this section or for a delay of five days in publishing the same, said company shall be liable, and shall pay double the amount appraised and assessed as the value of such stock.

        Sec. 3 Be it further enacted, That upon the return made to the Judge of Probate aforesaid by the appraiser aforesaid, if the value of the stock aforesaid is not paid within ten days after such return by the railroad aforesaid, the said Judge of Probate shall issue an execution therefor, said execution to be levied and returned as other executions now provided by law are levied and returned: Provided, however, That either party shall have the right of appeal to the Circuit Court from the decision of the appraiser aforesaid.

        Sec. 4. Be it further enacted, That the appraisers aforesaid shall be entitled to and shall receive one dollar for each and every appraisement made under the provisions of this act, and the railroad companies aforesaid, shall pay all the costs and expenses incident to the execution of the same.

R. H. M. DAVIDSON,
Chairman Senate Committee.

A. C. BLOUNT,
Chairman House Committee.


        Which was read and the amendments adopted, and the accompanying bill 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 bills as correctly enrolled, viz:

        An act to incorporate an Insurance Company in the city of Tallahassee, to be called the Gulf State Insurance Company;

        An act to consolidate the office of Sheriff and Tax Assessor and Collector of Suwannee county;

        An act for the relief of R. B. Canova.

D. W. HOLLOMAN, Ch'n.


        Which was read.

        Mr. Holland offered the following resolution:


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        Resolved, That a Committee of three be appointed by this House to act with a like Committee from the Senate, to report a joint resolution in relation to the adjournment of the General Assembly;

        Which was adopted.

        Messrs. Holland, Cole and Coffee were appointed said Committee.

        Ordered that the same be certified to the Senate.

ORDERS OF THE DAY.

        Resolution for the relief of certain citizens of Leon county, and all the counties of this State,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Canova, Carter, Clyatt, Coffee, Collins, Cole, Haddock, Hawes, Howell, Hull, Lee, Means, Mizell, Newburn, Oliver, Pooser, Price, Robinson, Scott, Seward, Wall and Yon--28.

        Nays--Messrs. McKinnon, Richardson, Vann, VanZant, Wells, and Yates--6.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to suspend the operations 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 Feb'y 8, 1861;

        Came up on its second reading, and on the question of the adoption of the amendment to said bill as offered by Mr. Vann on yesterday, and which was lost, and the vote upon which, was reconsidered this morning.

        Mr. Love offered the following proviso to said amendment:

        Provided, however, That said bona fide holders shall be purged upon oath as to the real amount paid for said warrants, which amount, with legal interest, shall be allowed;

        Which was lost.

        The question then recurring upon the adoption of Mr. Vann's amendment, the yeas and nays being called, the vote was:

        Yeas--Messrs. Amos, Arendell, Blount, Canova, Civatt, Coffee, Collins, Holloman, Newburn, Peterson, Richardson, Vann, VanZant, Wall and Yates--15.

        Nays--Mr. Speaker, Messrs. Bellamy, Bloxham, Campbell, Carter, Cole, Hawes, Howell, Hull, McKinnon, Means, Oliver,


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Pooser, Price, Robinson, Russell, Scott, Seward, Wells, Vogt, Williams and Yon--22.

        So the amendment was lost.

        Mr. Blount moved to amend the second section of said bill by adding the following words:

        But the Governor shall issue Bonds of this State dated January the first, 1862, which Bonds shall be issued in sums of not less than one hundred dollars, and shall be due and payable on the first day of January, 1882, and shall bear interest at the rate of seven per cent. per annum, payable semi-annually at the Treasury of the State of Florida, for an amount sufficient to cover the Comptroller's Warrants upon the Treasury, issued prior to June the first, 1861, under the act above described, approved February 8, 1861. Said Bonds shall be signed by the Governor, recorded in the Comptroller's office, and registered and counter-signed by the Treasurer. And all sums recovered from parties who may have fraudulently procured any portion of said Comptroller's Warrants, shall be used in paying interest upon said Bonds or in purchasing said Bonds at their market value.

        Which was lost.

        The further consideration of the bill was then on motion postponed until to-morrow.

        The rules being waived, Mr. Holloman offered the following Resolution:

        Be it resolved, That from and after Saturday, the 14th inst., no member of this House shall be allowed to introduce any bill during the present session of this legislature.

        Which was adopted.

        Senate bill to entitled in act to regulate proceedings before Justice's of the Peace in the trial of offences, committed by slaves, free negroes, or mulattoes,

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act explanatory of an act to provide for the necessary supplies for the army in the State of Florida, to prevent monopolies and for other purposes,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Blount, Bloxham, Carter, Coffee Haddock, Holland, Hull, Lee, Parker, Peterson, Pooser, Price, Russell, Seward, Vann, Yates and Yon--18.

        Nays--Mr. Speaker, Messrs. Amos, Broxson, Campbell, Clyatt, Collins, Cole, Holloman and VanZant--9.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.


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        Resolution for the purchase of Seals for the county of Bradford,

        Was read the second time, and ordered to be engrossed for a third reading on to-morrow.

        Joint resolution providing for the lease and rent of an Executive Mansion for the Governor of this State,

        Was read the second time and on motion indefinitely postponed.

        Resolution requesting the Governor to commission a Surgeon General of this State at a proper salary,

        Was read the second time and on motion referred to the Committee on the Judiciary.

        A bill to be entitled an act concerning distributions,

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        Senate bill to be entitled an act to reduce the pay of Surgeon General,

        Was read the third time, and on motion placed back on its second reading, and the further consideration of the same postponed until to-morrow.

        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 and a substitute offered for the same, by Mr. Holland;

        Upon the adoption of which, the yeas and nays being called, the vote was:

        Yeas--Messrs. Amos, Arendell, Bellamy, Bloxham, Broxson, Carter, Clyatt, Collins, Cole, Hawes, Holland, Howell, Hull, Lee, McKinnon, Newburn, Oliver, Pooser, Price, Richardson, Seward, Wall, Vogt, Yates and Yon--26.

        Nays--Mr. Speaker, Messrs. Bloun, Campbell, Scott and Vann --4.

        So the substitute was adopted and ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act for the relief of E. E. Blackburn, late Marshal of the late United States, and his assistants,

        Was read the second time, and on motion referred to the Committee on the Judiciary.

        A committee from the Senate consisting of Messrs. Rogers, McCall and McQueen waited upon the House and informed them that the Senate had refused to concur in the House resolution to go into the election of Confederate Senators to-day at three and a half o'clock, P. M.

        The following was received from the Senate:


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SENATE CHAMBER,
December 10, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day refused to concur in House amendments to a Senate bill entitled a bill to prevent persons from penning cattle without the consent of the owners of such cattle:

        The following House bills have this day been lost in the Senate, viz:

        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 the citizens of Orange County.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read.

        Also the following:

SENATE CHAMBER,
Dec. 10, 1861.

Hon. SAMUEL 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 amend an act entitled an act to amend the charter of incorporation of the City of Jacksonville, approved February 13, 1859.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


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

        Also the following:

SENATE CHAMBER,
December 10, 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 change the times of holding Courts in the Southern Circuit;

        House bill to be entitled an act to amend an act entitled an act


Page 237

to organize the county of Polk from the counties of Hillsborough and Brevard;

        A bill to be entitled in act for the relief of A. J. Braddock, sheriff of Nassau county.

Very Respectfully,

JOHN B. WHITEHURST,
Secretary of Senate.


        Which was read, and the House bills which had passed the Senate ordered to be enrolled, and the Senate bill placed among the orders of the day.

        Also the following:

SENATE CHAMBER,
Dec. 10, 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 for the relief of Jonathan C. Stewart, Sheriff of Orange county.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read and the bill ordered to be enrolled.

        The House receded from its amendments to Senate bill entitled an act to prevent persons from penning cattle without the consent of the owners of such cattle, and the same was certified to the Senate.

        A bill to be entitled an act for the relief of P. and H. Peterman,

        Was read the second time, and on motion laid on the table.

        A bill to be entitled an act for the relief of Aaron W. DeCosta, a Justice of the Peace for Duval 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 for the relief of Benjamin Hopkins and others,

        Was read a second time and ordered to be engrossed for a third reading on to-morrow.

        A resolution for the relief of James D. Green, ex-officio Tax Collector of Manatee county,

        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 3 o'clock, P. M.


Page 238

HALF-PAST THREE O'CLOCK, P. M.

        The House resumed its session--a quorum present.

        The following message from his Excellency the Governor was received and read:

EXECUTIVE CHAMBER
TALLAHASSEE, Dec. 11th, 1861.

Hon. S. B. LOVE,
Speaker of the House of Representatives:

        SIR--I have approved and signed the following bills, viz:

        An act to consolidate the offices of Sheriff and Tax Assessor and Collector of Suwannee county;

        An act for the relief of R. B. Canova.

Very Respectfully,

JOHN MILTON.


        Joint Senate resolution concerning the repeal of a certain act of the Provisional Congress,

        Was read the first time, and ordered for a second reading on to-morrow.

        The following message was received from the Senate:

SENATE CHAMBER,
December 11, 1861

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR--The Senate has this day refused to concur in the House amendments, and appointed a Committee of Conference to confer with a similar committee on the part of the House, in regard to a bill 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 read.

        Also the following:

SENATE CHAMBER,
December 11, 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 amend an act to change the time for holding the Circuit Courts for the Western Judicial


Page 239

Circuit, the title amended by adding the words "in the counties of Walton and Holmes;"

        A bill to amend and consolidate the several acts of this State in relation to patrols; also,

        Resolution in behalf of the citizens of Key West.

Respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


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

        The House refused to concur in the Senate amendments to House bill to be entitled an act to change the time for holding the Circuits Courts for the Western Judicial Circuit in the counties of Walton and Holmes.

        Ordered that the same be certified to the Senate.

        On motion, Messrs. Williams, Means, Holland, Blount and Price were appointed a Committee of Conference to confer with a similar committee appointed by the Senate, on refusal of the Senate to concur in House amendments to the bill entitled an act to fix the salary and require additional duties to be performed by the Governor's private Secretary, and for other purposes.

        Senate resolution in relation to the completion of the Pensacola and Georgia railroad company in its connection with the Savannah, Albany and Gulf Railroad,

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act to repeal an act entitled an act to provide for the necessary supplies for the army in the State of Fl rida, to prevent monopolies, and for other purposes, and to provide for the punishment of extortion,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate resolution for the relief Lewis Laird and others,

        Was read the first tittle and ordered for a second reading on to-morrow.

        Senate bill to be entitled an act for the relief Joseph F. Prevatt,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate bill to be entitled an act to amend the 5th section of an act to provide for the issue of Treasury Notes, approved February 14, 1861,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee,


Page 240

Collins, Cole, Haddock, Holloman, Lee, McKinnon, Newburn, Peterson, Pooser, Price, Scott, Vann, Wells, Vogt, Williams, Yates and Yon--29.

        Nays--Messrs. Howell, Parker, Russell, Seward and Yates --5.

        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 suspension of specie payments,

        Was read the first time, rule waived, read the second time by its title.

        Mr. Russell moved, that eighty copies of said bill be printed, for the use of the House;

        Which motion was lost.

        The bill was then ordered for a third reading to-morrow.

        A bill to be entitled an act to amend an act to extend the time for collecting the Taxes of this State,

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Canova, Clyatt, Collins, Cole, Haddock, Howell, Holloman, Lee, McKinnon, Newburn, Parker, Peterson, Pooser, Price, Richardson, Russell, Seward, Vann, VanZant, Wells, Vogt, Williams, Yates and Yon--30.

        Nays--Messrs. Campbell, Carter and Scott--3.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to provide for the payment of the Florida Volunteers,

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act to authorize the issue of patents for lands in Florida, the sales of which were not regularly reported,

        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 A. J. Braddock, sheriff of Nassau county,

        Was read the first time and ordered for a second reading on to-morrow.

        Mr. Bloxham presented a memorial from L. S. Duval of Levon County,

        Which was received and read and on motion referred to the Committee on Propositions and Grievances.

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


Page 241

THURSDAY, December 12, 1861.

        The House met pursuant to adjournment--a quorum present.

        On motion of Mr. Cole, the reading of the journal of yesterday's proceedings was dispensed with.

        The rule being waived, Mr. Bloxham introduced without previous notice a bill to be entitled an act to authorize the holders of Treasury Notes to exchange the same for the bonds of this State;

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

        The rules being waived, Mr. Holland introduced without previous notice a bill to be entitled an act to authorize the Governor of this State to establish an Arsenal of Constrcction and a Military Academy at the Arsenal at Chattahoochee; Which was received and placed among the orders of the day.

        Mr. Holland introduced the following resolutions, viz:

        Joint resolution recommending Hon. William Wallace McCall for a Captaincy in the regular army; also

        Joint Resolution in relation to the payment of Volunteers;

        Which were 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 bills as correctly enrolled, viz:

        An act for the relief of Jonathan C. Stuart, Sheriff of Orange County;

        An act to change the time of holding Courts in the Southern Circuit;

        An act to amend an act entitled an act to amend the charter of incorporation of the city of Jacksonville, approved January 13, 1859;

        An act to amend an act entitled an act to organize the county of Polk from the counties of Hillsborough and Brevard.

D. W. HOLLOMAN, Chairman.


        Which was received and read.

        Mr. Blount, from the Committee on the Judiciary, made the following report:

        The Joint Committee on the Judiciary to whom was referred a resolution requesting the Governor to commission a Surgeon General of this State at a proper salary, have had the same under consideration and ask leave to report, that the constitution of the State creates the office and affixes the salary which shall be


Page 242

paid the incumbent, and that in the opinion of the Committee the Legislature cannot interpose so as to reduce that salary.

R. H. M. DAVIDSON,
Ch'n Senate Com.

A. C. BLOUNT,
Ch'n House Com.


        Which was read and the accompanying resolution 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 E. E. Blackburn, late Marshal of the late United States and his assistants," together with the memorial and accompanying documents, have had the same under consideration, and ask leave to report, that in the opinion of the Committee, the relief sought to be obtained through this bill should be obtained from the Government of the Confederate States, that the services for which compensation is sought, were of a national character, and not for the exclusive benefit of the State of Florida, and that the admission of Claims similar to this and to which the State is not a party, and from which she receives no benefit except in common with her sister States, is a dangerous precedent, and will lead to the imposition of unjust and oppressive burthens upon the people of the State. They therefore recommend that the bill do not pass.

A. C. BLOUNT,
Chairman House Com.

R. H. M. DAVIDSON,
Chair'n Senate Com.


        Which was 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 for consideration a memorial for the relief of R. P. Lewis, signed by many citizens of New River county, that the said R. P. Lewis be allowed to practice medicine in the county aforesaid, and make such charges for his service as are usually made therefor.

        The Committee would however amend the bill by striking out the "words surrounding country" found in the ninth line, and insert "county of New River," and with these amendments recommend that the bill do pass.

JACOB H. POOSER, Chairman.


        Which was read and the amendments offered by the Committee adopted, and the accompanying bill placed among the orders of the day.


Page 243

        Mr. Bloxham from the Committee on Schools and Colleges made the following report:

The Committee on Schools and Colleges to whom was referred that portion of the Governor's message recommending the General Assembly to appropriate the Arsenal at Mount Vernon for the purposes of a Military Academy, an Arsenal of Construction and a State Armory, make the following

REPORT:

        That they have had the Governor's recommendations under their consideration, and endeavored to give them that attention which their importance demanded. Under ordinary circumstances, your committee would not hesitate in lending their every effort to the carrying out of his suggestions. In the present attitude of our political relations they would meet the concurrence of their judgment, were it not for our financial embarrassments. They are aware of the great benefits which would accrue to our State from a Military Academy, established upon a firm basis and in successful operation. But it would require several years, in the opinion of your committee, to make an enterprize of that character self-sustaining. A heavy outlay would have to be made to place it upon such a footing. Changes of buildings, procuring of furniture of every description for the use of Professors and Cadets, hiring of servants, securing suitable apparatus for the use of the Institutions, purchasing supplies and paying of professoss--expenses which would have to be incurred in the incipiency of the undertaking--would be a heavy drain upon our impoverished treasury, and our most sanguine anticipations in regard to the number of cadets will not allow us to place it near the estimate of his Excellency. Cadets to be of service to our State in the present war, should be from eighteen to twenty years of age. The larger number of young men of that age, who are able to pay tuition fees, are already enlisted in the service of their country. In the course of twelve months they will be qualified for drill masters, and answer to a large extent the same purposes of regular graduates.

        The want of means also compels your committee to hesitate in recommending the Arsenal for an Arsenal of Construction. From the best evidence before them, it would require an outlay of $100,000 to inaugurate and sustain the enterprize in a successful manner. This sum appears to your committee entirely disproportionate to the number of arms needed in our State, and would necessarily embarrass, to a great degree, our financial operations. The resources of our State are already taxed to their uttmost extent in meeting the necessary demands which are daily


Page 244

made upon our treasury; we cannot, therefore, recommend an appropriation which would exhaust those limited resources.

        If the Arsenal was neither a Military Academy nor an Arsenal of Construction, there would be but a small inducement to making it a State Armory. We have but few arms that are not in the hands of individuals or companies. If those few were deposited at the Arsenal, it would not only require persons to keep them in order, but an organized number of men to guard them. The present facilities for distribution would also operate against that locality. Your committee are under the opinion that the few unemployed arms in the possession of the State, could be more advantageously kept at the Capital, or some other locality possessing the same advantages. Not only would we have easy access to railroads for their distribution, but there are several volunteer companies in the city, that would, from their presence, furnish the necessary protection without any costs accruing therefor against the State. They are pursuaded that the means in the possession of our State are not more than sufficient for an Armory of Repair upon a limited scale. If our State stands in the need of sabres or other arms, it appears to your committee more judicious to rely upon private enterprize. There are several foundries now in our State almost idle. Their enterprizing owners would gladly enter into the manufactory of arms for the use of the State, and when brought into competition, will always furnish work cheaper than can be done by Government employees.

All of which is respectfully submitted.

W. D. BLOXHAM, Chairman.


        Which was read.

        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 provide for the payment of the War Tax to be assessed upon and collected from the citizens of this State;

        A bill to be entitled an act to authorize the suspension of specie payment; also,

        A bill to be entitled an act relative to the Public Lands of the State of Florida.

Respectfully submitted,

WM. H. SCOTT, Chairman.


        Which was read, and the accompanying bills placed among the orders of the day.

        Mr. Williams from the Committee on Militia made the following report:


Page 245

        The Committee to whom was refered a bill for the relief John B. Whitehurst beg leave to report as follows, viz:

        That the records of the Adjutant and Inspector General's office show that the said John B. Whitehurst received a majority of the votes given by the 1st Regiment of State Guards for the office of Lieutenant-Colonel of said Regiment, and that he is therefore clearly entitled to the commission.

        Your Committee therefore recommend the passage of said bill, with the following amendments, viz:

        Insert between the words "commission" and "to" the words, "shall be issued immediately by the proper authorities, upon the passage of this act" striking out the words "do issue on the ----day of----A. D. 1861," on second page.

JOS. JOHN WILLIAMS, Ch'n.


        Which was read and the accompanying bill and amendments placed among the orders of the day.

ORDERS OF THE DAY.

        A bill to be entitled an act to authorize the suspension of specie payment,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Canova, Campbell, Clyatt, Coffee, Collins, Cole, Haddock, Hawes, Holland, Howell, Holloman, Hull, Lee, Means, Mizell, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, VanZant, Wall, Vogt, Williams, Yates and Yon--38.

        Nays--None.

        So the bill passed--title as stated.

        On motion, Messrs. Holland, Russell and Williams were appointed to convey said bill to the Senate and request their concurrence.

        The rule being waived, Mr. Holland offered the following resolution:

        Resolved, That the Speaker be authorized to employ whatever additional clerical force is necessary to write up and enrol the business of this House.

        Which was adopted.

        The rules being waived, the following bill was introduced without previous notice, viz:

        By Mr. Williams:

        A bill to be entitled an act to amend the statute of limitation;

        Which was placed among the orders of the day.


Page 246

        A bill to be entitled an act relative to the public lands of the State of Florida,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Campbell, Clyatt, Coffee, Collins, Cole, Haddock, Hawes, Howell, Lee, Means, Newburn, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Wall, Wells, Vogt, Williams, Yates and Yon--33.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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 third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Campbell, Cole, Hawes, Holland, Howell, Holloman, Hull, Lee, Newburn, Parker, Peterson, Pooser, Price, Robinson, Russell, Seward, VanZant, Wall, Wells, Vogt, Williams, Yates and Yon--26.

        Nays--Messrs. Blount, Bloxham, Broxson, Clyatt, Coffee, Collins, Haddock, Oliver and Richardson--9.

        So the bill passed--title as stated.

        On motion Messrs. Russell, Campbell and Robinson, were appointed a committee to convey the same to the Senate.

        Senate resolution in behalf of sundry citizens of Key West,

        Was read the second time and ordered for a third reading on to-morrow.

        Senate bill to amend and consolidate the several acts of this State in relation to Patrols,

        Was read the first time and ordered for a second reading on to-morrow.

        Senate resolution concerning the repeal of a certain act of the Provisional Congress,

        Was read the second time and ordered for a third reading on to-morrow.

        A committee from the Senate consisting of Messrs. Dawkins, Broome and Davidson, waited upon the House and conveyed to them the House bill entitled an act to provide for the Stay of Executions in this State, and informed the House that the Senate had receded from its amendments and had agreed to the amendments reported by the Committee of Conference of the two Houses.

        The House then concurred in said amendments proposed by


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the Committee of Conference, and the bill was ordered to be enrolled.

        On motion of Mr. Holloman a bill to be entitled an act in relation to Criminal Prosecutions,

        Was taken up and read a third time and put upon its passage upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Coffee, Cole, Holland, Holloman, Oliver, Pooser, Robinson, Russell, Scott, Vogt and Williams--16.

        Nays--Messrs. Broxson, Canova, Campbell, Clyatt, Collins, Haddock, Hawes, Howell, Hull, Lee, Mizell, Newburn, Parker, Peterson, Price, Richardson, Seward, Wall, Wells, Yates and Yon--21.

        So the bill was lost.

        The rules being waived, Mr. Williams from the Committee on the Militia made the following report:

        The Committee on the Militia, to whom was referred a resolution in behalf of the 2d Regiment Florida Volunteers, report that they have had the resolution under consideration and recommend that it do not pass.

J. J. WILLIAMS, Chairman.


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

        A special message from the Governor on military affairs, was received and read.

        On motion of Mr. Holland, a committee consisting of Messrs. Holland, Peterson and Hawes, were appointed to act with a similar committee to be appointed by the Senate to take the matters in said message referred to into consideration, and report by bill or otherwise.

        A bill to be entitled an act to suspend the operations of an act entitled in 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,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Campbell, Coffee, Cole, Means, Oliver, Pooser, Price, Robinson, Scott, Vogt, Williams and Yates--13.

        Nays--Messrs. Arendell, Bellamy, Blount, Broxson, Canova, Clyatt, Collins, Holloman, Lee, Newburn, Parker, Richardson, Russell, Seward, Wall, Wells and Yon--17.

        So the bill was lost.

        The following message from his Excellency the Governor was received and read:


Page 248

EXECUTIVE DEPARTMENT,
Tallahassee, December 11, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        Sir: On the tenth instant the Joint Resolutions providing for the purchase of Winter Clothing for the First Regiment of Florida Cavalry, were presented to me. I cannot approve the resolutions, and therefore respectfully return them with my objections to the House in which they originated. The statements made in the resolutions are incompatible with the official knowledge of the Executive.

        No individual by the name of W. G. M. Davis is or was Colonel of the Regiment known by the laws of Florida as the "First Regiment of Florida Cavalry." No individual having the name of W. G. M. Davis holds or ever has held, in the knowledge of the Executive, by the laws of the State, any military commission, or in the history of the State has ever been known by any military service.

        The Colonel of the First Regiment of Cavalry is Colonel John Bradford, commissioned to be such according to the Constitution and laws of the State, as will appear from official record. During the present War, on several occasions, this gallant Regiment has been called upon for service, and to every call has responded promptly and bravely, and at their own expense--declining to receive pay from the State--whose rights they have always been ready and anxious to vindicate in a manner worthy of patriots and soldiers; and to permit their distinguished position to be assumed by others, under a permit from the Secretary of War, would be unjust to them and to their late gallant commander, now alike distinguished in the "tented field" and in the councils of the nation by his wisdom as a statesman and gallantry as a soldier.

        By the Act of the Provisional Congress, entitled "An Act to reimburse the State of Florida, 'The Congress of the Confederate States of America do enact, that the Secretary of the Treasury is hereby directed to issue to the State of Florida, upon the application of the Governor of said State, Three Hundred Thousand Dollars in Treasury Notes: provided, that the said State deposit with the Secretary of the Treasury of the Confederate States an equal sum in the Bonds of the State of Florida, authorized to be issued under Ordinance of the Convention of said State, which Bonds shall be held by the Secretary of the Treasury until the account of the State of Florida for advances made for military purposes is adjusted as Congress may direct.'" This act was approved August 31, 1861.


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        The General Assembly of the State of Florida has no constitutional right to amend or alter this Act, and the attempted interference with it is discourteous, in the opinion of the Executive, to the Government of the Confederate States of America.

        The State has no authority, and consequently can delegate no power to the Treasurer to draw his draft on the Secretary of the Treasury of the Confederate States for the sum of thirty-five thousand dollars, or any other sum of money. The authority does not exist, and cannot exist except the Provisional Congress, agreeably to the Constitution of the Confederate States of America, shall, by some future act, authorize it.

        The Quartermaster General is an officer of the Governor's Staff, and subject to his orders only.

        If W. G. M. Davis, or "Colonel W. G. M. Davis," (if in fact there is such a Colonel,) has made an advantageous contract with Baldwin & Williams of the city of Richmond, Va., and "the means to meet the same" are needed, and to be supplisd by the Confederate Government, is it not indiscreet for the General Assembly of Florida to make a contract, upon the mere allegation of a cheap bargain, involving thirty-five thousand dollars, for articles of the value of which they have no evidence, or if they were in possession of the most ample proof, for which they would make the Confederate Government responsible, and while the officers of the Government are at Richmond, and possessed of the knowledge necessary to determine upon the value, and the use of the articles contracted for?

        Would any individual in the exercise of the prudence requisite to individual right, purchase in times like these thirty-five thousand dollars worth of property, upon the mere representation of any other individual that he had made a contract for the articles which he could not comply with, although a very cheap bargain? Cheap bargains and security debts seldom fail to injure credit, and entail distress. Hard bargains never! Hence the trite maxim, that "he who buys whatever is cheap, will in time not be able to buy that which he may need." The conventional regulations of society should admonish individuals not to make contracts with which they have not the ability to comply.

        Patriots and statesmen should exercise, in the judgment of the Executive, more prudence and foresight to guard and protect the rights of their country, than the ordinary shrewdness which self-interest seldom fails to command for the advancement, or the protection of individual rights. Entertaining these views, the Executive of the State could not, and should not command the respect of the General Assembly, and the people of the


Page 250

Con-Confederate States, and of the State of Florida, if he hesitated to avow them.

Very respectfully,

JOHN MILTON.


(COPY.)

In the name and by the authority of the State of Florida.
To all to whom these presents may come--Greeting:

        Whereas, John Bradford hath been duly elected according to the Constitution and laws of this State, to be Colonel of the 1st Regiment of Cavalry, from the 2nd day of September, 1861, to continue during good behavior, or until his office is vacated by law.

        Now, therefore, the said John Bradford is hereby commissioned to be such Colonel 1st Regiment of Cavalry, according to the Constitution and laws of this State, for the term aforesaid, and to have, hold and exercise the said office, and all the powers appertaining thereto, and to fulfil the duties thereof, and to receive the privileges and emoluments thereof, as aforesaid.

        In testimony whereof, the Governor of said State has signed this commission, at the Capitol, in Tallahassee, this 14th day of September, A. D. 1861.

M. S. PERRY,
Governor of Florida.

By the Governor--Attest:
D. P. HOLLAND, Ajdutant & Inspector General.

ADJUTANT & INSPECTOR GENERALS OFFICE. Tallahassee, Dec. 11, 1861.

        A true copy from the records on file in this office.

F. L. DANCY,
Adj't & Insp'r Gen'l.


        On motion, the accompanying resolution vetoed by his Excellency was placed among the orders of the day to come up for the action of the House.

        Senate bill to be entitled an act to regulate proceedings before Justices of the Peace in the trial of offences committed by slaves, free negroes or mulattoes,


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Was read the second time and ordered for a third reading on to-morrow.

        The rule being waived, the following resolution was introduced:

        By Mr. Yon:

        Resolved, That the House, the Senate concurring, go into the election of two Confederate States Senators to-day, at 3 1/2 P. M., and ballot for said Senators from 3 1/2 P. M. to 5 1/2 P. M.

        Upon the adoption of which the yeas and nays being called, the vote was:

        Yeas--Messrs. Holloman, Robinson, Scott, Williams, Yates and Yon--6.

        Nays--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Coffee, Collins, Haddock, Howell, Lee, Means, Newburn, Oliver, Parker, Price, Richardson, Russell, Seward, VanZant, Wall and Vogt--25.

        So the resolution was lost.

        A committee from the Senate, consisting of Messrs. Dawkins, McQueen and Chain, waited upon the House, and conveyed to them a joint Senate Resolution authorizing the Governor of this State to receive troops from the other States which may be tendered for service in this State,

        Which was taken up, read the first time, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Clyatt, Coffee, Collins, Cole, Haddock, Howell, Holloman, Hull, Lee, Means, Newburn, Oliver, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, VanZant, Wall, Wells, Vogt, Williams, Yates and Yon--35.

        Nays--None.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        A committee from the Senate, consisting of Messrs. McCall, Abercrombie and Davidson waited upon the House and conveyed to them a joint Senate resolution of thanks to Major General Braxton Bragg and his gallant army;

        Which was placed among the orders of the day.

        Mr. Bloxham moved that the Messenger of the House be excused from further attendance on the same during this session;

        Which was agreed to.

        The joint resolution providing for the purchase of winter clothing for the first Regiment of Florida Cavalry, as vetoed by his Excellency, was, on motion, taken up.

        On the question of its passage, the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount,


Page 252

Bloxham, Broxson, Canova, Campbell, Clyatt, Coffee, Collins, Cole, Haddook, Holloman, Hull, Lee, Mizell, Newburn, Oliver, Parker, Peterson, Price, Richardson, Scott, Seward, VanZant, Wall, Williams, Yates and Yon--31.

        Nays--Messrs. Means, Pooser, Robinson, Russell and Wells--5.

        The Speaker decided that the resolution was lost, not having received the constitutional number of votes required.

        Senate bill to be entitled an act for the relief of A. J. Braddock, Sheriff of Nassau County,

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act to authorize the issue of patents for lands in Florida, the sales of which were not regularly reported,

        Was read a second time and on motion the House resolved itself into a Committee of the Whole upon its consideration, Mr. Holloman in the Chair.

        After some time spent therein, the Committee rose and reported the bill back to the House and asked leave to sit again;

        Which was agreed to.

        A committee from the Senate consisting of Messrs. Rogers, Simpkins and McQueen, waited upon the House and conveyed to it a Senate bill to be entitled an act amendatory of the various acts to organize the Militia of the State of Florida, and requested the immediate action of the House thereupon.

        On motion of Mr. Holland, said bill was then taken up, read the first time, rule waived, read the second time by its title and the following amendment offered by Mr. Blount:

        Mr. Blount moved that the 6th section be amended by striking out of the 1st and 2d lines the words "appointed by the Governor," and the words "elected as said officers are now provided by law to be elected."

        Which was adopted.

        Mr. Williams moved to strike out the 11th section of said bill;

        Which was adopted.

        The bill was then read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Arendell, Blount, Broxson, Campbell, Clyatt, Coffee, Collins, Holland, Howell, Holloman, Newburn, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, Wells, Vogt, Williams and Yates--24.

        Nays--Mr. Speaker, Messrs. Oliver, Robinson and Yon--4.

        So the bill passed--title as stated.

        On motion, a committee consisting of Messrs. Holland, Seward and Yates, were appointed to convey said bill to the Senate and request their concurrence in the House amendments.


Page 253

        The following message from his Excellency the Governor was received and read:

EXECUTIVE CHAMBER,
TALLAHASSEE, Dec. 11th, 1861.

Hon. S. B. LOVE,
Speaker of the House of Representatives:

        SIR: I have approved and signed the following bills, viz:

        An act to unite the offices of Judge of Probate and Clerk of Circuit Court of Clay county;

        An act to incorporate an Insurance Company in the city of Tallahassee to be called the Gulf State Insurance Company.

Very Respectfully,

JOHN MILTON.


        On motion, the House resumed its sitting in the Committee of the Whole on the consideration of a bill to be entitled an act to authorize the issuing of patents for lands in the State of Florida, the sales of which were not regularly reported--Mr. Holloman in the chair.

        After some time being spent therein, the committee rose and reported the bill back to the House and recommended its passage.

        The bill was then read a third time by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Clyatt, Coffee, Collins, Cole, Holland, Howell, Holloman, Means, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Wells, Williams, Yates and Yon--28.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A committee from the Senate, consisting of Messrs. Rogers, Ingram and McQueen, waited upon the House and informed them that the Senate had refused to concur in the House amendments to the Senate bill entitled an act amendatory of the various acts to organize the militia of the State of Florida, and had appointed a Committee of Conference to act with a similar committee on the part of the House. Messrs. Holland, Williams, Blount, Coffee and Robinson, were appointed said Committee of Conference on the part of the House.

        On motion, the House took a recess until 7 o'clock, P. M.


Page 254

7 O'CLOCK, P. M.

        The House resumed its session--a quorum present.

        Senate resolution for the relief of Lewis Laird and others,

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act to provide for the payment of Florida Volunteers,

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Haddock, Howell, Hull, Lee, Mizell, Parker, Peterson, Price, Richardson, Robinson, Scott, Seward, VanZant, Wall, Wells, Williams, Yates and Yon--26.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The rule being waived, Mr. Blount from a Select Joint Committee of Conference on the part of the House, made the following minority report:

        The undersigned, members of the Joint Committee of Conference, to take into consideration the disagreement of the two Houses upon the bill to be entitled an act amendatory of the various acts to organize the militia of the State of Florida, have, upon consultation, found themselves unable to agree with the majority of the said committee, recommending that the House do recede from their amendments to said bill. The proposition to place the appointment of Field Officers of the Regiments to be raised at the disposition of the Governor, strikes the undersigned as an invasion of the long guaranteed rights of the citizen when voluntarily tendering his services in the defense of his country, to be deprived of the right and privilege of chosing those chiefs in whom they have confidence, and by whom they would desire to be led to battle, and imposing upon them persons to whom they are strangers, with whom they have no social relations, who do not possess the affection, regard and esteem of those whom they are appointed to command and in whose qualifications they can have no personal knowledge or confidence. The undersigned believe that this innovation upon the established rights and disregard to the feelings of the citizen-soldiery, will prove detrimental to the public service.

        The undersigned are further of the opinion that the appointment of a full General, with the rank and pay of General in the


Page 255

army of the Confederate States, is both unnecessary and unwise. The small number of troops that can now be raised from the remaining population of the State, not now in service, will not, in the opinion of this committee, justify the appointment of an officer of such high grade, with the large pay of over $4,000 and emoluments attached to said office, and as your committee are informed that whenever such General shall be ordered to co-operate even with a subaltern in the Confederate service, he will not be permitted to assume the command, he must either be superceded by such subaltern, or each officer must act independently of the other, thus producing division in action and distraction in council, even perhaps, in the face of an enemy, when unity in sentiment and action are most imperatively required.

        For these reasons the undersigned recommend that the House do not recede from its amendments.

A. C. BLOUNT, Chairman.

JOS. JOHN WILLIAMS,

JAS. L. ROBINSON.


        Which was read.

        A bill to be entitled an act explanatory of an act to provide for the necessary supplies for the army in the State of Florida, to prevent monopolies and for other purposes,

        Was read the first time, rule waived, read a second and third times by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Haddock, Holland, Howell, Hull, Lee, Mizell, Parker, Peterson, Price, Richardson, Seward, VanZant, Wall, Wells, Williams, Yates and Yon--23.

        Nays--Mr. Speaker, Messrs. Amos and Scott--3

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        On motion, a committee consisting of Messrs. Holland, Price and Hull were appointed to convey a bill passed by the House to the Senate to be entitled an act to provide for the payment of the Florida Volunteers.

        The following message was received from the Senate:

SENATE CHAMBER,
December 12th, 1861.

Hon. SAMUEL 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 amend an act entitled to change the mode of selecting Grand and Petit Jurors in this State, approved February 8th, 1861.


Page 256

        Joint resolution providing for a Digest of the Laws was indefinitely postponed.

Respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read and the bill ordered to be enrolled.

        Also the following:

SENATE CHAMBER,
December 12, 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 amend an act to extend the time for collecting taxes in this State; and

        A bill to be entitled an act for the protection of and aid to paupers, and for other purposes.

Very 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 bill placed among the orders of the day.

        Also the following:

SENATE CHAMBER,
Dec. 12, 1861.

To Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day passed the following bills and resolution, viz:

        House resolution concerning the Indian River Canal;

        House bill to be entitled an act to amend an act to establish the records of the county of Columbia, and for other purposes;

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

        And the following House bill was lost, viz:

        A bill to be entitled an act for the relief of R. Saunders, Sheriff of Leon county.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read and the House bill and resolution which had passed the Senate ordered to be enrolled, and the Senate bill placed among the orders of the day.

        A bill to be entitled an act more effectually to secure the payment for Stock killed or injured on Railroads,


Page 257

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        Senate joint resolution in relation to the completion of the Pensacola & Georgia Railroad in its connection with the Savannah, Albany & Gulf Railroad Company,

        Was read the second time and ordered for a third reading on to-morrow.

        A committee from the Senate consisting of Messrs. Rogers, Simpkins and Dawkins, waited upon the House and conveyed to them a House bill to be entitled an act to provide for the payment of the Florida Volunteers, and informed them that the same had been passed by the Senate with sundry amendments, and requested the concurrence of the House therein.

        The bill was then taken up and the House concurred in the Senate amendments and the bill ordered to be enrolled.

        The rules being waived, Mr. Holland from the Select Joint Committee of conference, on the part of the House, made the following majority report:

        A majority of the conference Committee, appointed by the Senate and House of Representatives of the State of Florida, to whom was referred Senate bill to be entitled an act amendatory to the various acts to organize the militia of the State of Florida, and the House amendments thereto, beg leave to recommend that the said bill do pass without the amendments.

All of which is respectfully submitted.

S. ST. GEO. ROGERS,
Ch'n Senate Com.

P. B. BROKAW,

E. C. SIMPKINS,

JAMES W. McQUEEN,

W. W. McCALL.

D.P. HOLLAND,
Ch'n House Com.

C. C. COFFEE.


        The majority and minority reports being before the House, upon said bill, the House referred to concur in the majority report.

        On motion, a Committee consisting of Messrs. Holland, Robinson and Hull were appointed to notify the Senate of such action on the part of the House.

        A Committee from the Senate consisting of Messrs. Davidson, Magbee and Simpkins waited upon the House, and informed them that the Senate had appointed a Committee of five to act with a similar Committee on the part of the House, in preparing


Page 258

an appropriation bill for the present session of the General Assembly.

        The rules being waived, the following bills were introduced without previous notice, viz:

        By Mr. Holloman:

        A bill to be entitled an act to repeal 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 Feb. 8th, 1861.

        By Mr. Canova:

        A bill to be entitled an act to encourage the manufacture of salt within the limits of this State.

        Which were placed among the orders of the day.

        A committee from the Senate, consisting of Messrs. Davidson, Magbee and Simpkins, waited upon the House and conveyed a Senate resolution in relation to adjournment, and requested the concurrence of the House.

        A bill to be entitled an act to authorize the Governor of this State to establish an Arsenal of Construction, and a Military Academy at the Arsenal at Chattahoochee,

        Was read the first time, rule waived, and read a second time by its title.

        Mr. Russell moved that said bill be laid on the table;

        Which was agreed to.

        A bill to be entitled an act to authorize the holders of Treasury notes to exchange the same for the bonds of this State,

        Was read the first time, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Haddock, Holland, Howell, Holloman, Hull, Lee, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, VanZant, Wall, Wells, Williams, Yates and Yon--28.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The rule being waived, Mr. Holland introduced a resolution concerning Arsenal of Construction at Chattahoochee;

        Which was read, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Holland, Howell, Holloman, Hull, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, VanZant, Wall, Wells, Williams, Yates and Yon--25.


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        Nays--Messrs. Lee and Parker--2.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act for the relief of E. E. Blackburn, late Marshal of the late United States, and his assistants,

        Was read the second time, and its further consideration postponed until to-morrow.

        Mr. Holloman moved that a committee of five be appointed on the part of the House, to confer with a similar committee on the part of the Senate to take into consideration the subject of appropriations;

        Which was agreed to, and Messrs. Holloman, Williams, Robinson, Canova and Parker were appointed said committee on the part of the House.

        Resolution requesting the Governor of this State to commission a Surgeon General at proper salary,

        Was read the second time, rule waived, read the third time by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Holloman, Wells, Williams and Yates--4.

        Nays--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Canova, Holland, Howell, Lee, Parker, Peterson, Pooser, Price, Russell, Scott, Seward, VanZant, Wall and Yon--21.

        So the resolution was lost.

        A bill to be entitled an act to encourage the manufacture of salt within the limits of 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 John B. Whitehurst,

        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 the statute of limitations,

        Was read the first time, rule waived, read the second time by its title, and ordered to be engrossed for a third reading on to-morrow.

        Resolution recommending the Honorable Wm. W. McCall for a Captaincy in the regular army,

        Was read the first time, rule waived, read the second time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Canova, Holland, Howell, Holloman, Lee, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, VanZant, Wall, Wells, Williams, Yates and Yon--25.

        Nays--None.


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        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        Resolution in relation to the return of the 2d Regiment of Florida Volunteers from Virginia to this State,

        Was read the second time and ordered to be engrossed for a third reading on tomorrow.

        Joint Senate resolution of thanks to Major General Braxton Bragg and his gallant army;

        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:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Canova, Holland, Howell, Holloman, Lee, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, VanZant, Wall, Wells, Williams, Yates and Yon--25.

        Nays--None.

        So the resolution passed--title as stated.

        On motion of Mr. Holland, a committee consisting of Messrs. Holland, Russell and Arendell, were appointed to convey to the Senate the Senate resolution just passed, and also a Senate resolution in relation to the Hon. William W. McCall.

        A committee from the Senate consisting of Messrs. Rogers, Ingram and McQueen, waited upon the House and informed it that the Senate had concurred in the second but refused to concur in the first House amendment to said bill, entitled an act amendatory of the several acts to organize the Militia of the State of Florida.

        Senate bill to be entitled an act for the protection of and aid to paupers, and for other purposes,

        Was read the first time, rule waived, read a second time by its title, and referred to the Judiciary Committee.

        Senate bill to be entitled an act to amend the laws of this State in relation to elections,

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

        A bill to be entitled an act to repeal 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,

        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-morrrow.

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


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FRIDAY, December 13, 1861.

        The House met pursuant to adjournment--a quorum present.

        On motion of Mr. Arendell, the reading of yesterday's journal was dispensed with.

        Mr. Blount moved that Hon. Mr. Amos, member from Santa Rosa, be excused from further attendance upon the duties of this House during its present session;

        Which was agreed to.

        Mr. Coffee moved that Mr. Collins of Taylor be excused from attendance on this House for the remainder of the session;

        Which was agreed to.

        Sundry members of the House who were not present yesterday, on the passage of a resolution providing for the purchase of winter clothing for the First Regiment of Florida Cavalry, as vetoed by his Excellency the Governor, asked leave to have their names called and their votes recorded.

        The Speaker decided that the members could not now be permitted to so record their votes as to effect the result, without the unanimous consent of the House.

        Mr. Blount appealed from the decision of the Speaker, and upon the question of sustaining the ruling of the Chair, the yeas and nays being called, the vote was:

        Yeas--Messrs. Arendell, Campbell, Carter, Clyatt, Coffee, Lee, Means, Pooser, Price, Robinson, Russell, Seward, Wells, Vogt and Yon--15.

        Nays--Messrs. Blount, Bloxham, Canova, Cole, Haddock, Holland, Howell, Holloman, Newburn, Oliver, Parker, Richardson, Scott, VanZant, Wall, Williams and Yates--17.

        So the House refused to sustain the decision of the Speaker.

        Messrs. Howell and Holland were then permitted to record their votes for the passage of the resolution over the veto of his Excellency the Governor.

        The Speaker then announced the resolution as passed, having received the requisite constitutional majority.

        Ordered that the same be certified to the Senate, together with the message of the Governor.

        A Committee from the Senate consisting of Messrs. Finlayson, Dawkins and Davidson waited upon the House, and conveyed to the House an enrolled Senate bill entitled an act to change the mode of appointing Constables as certified to the Senate, but which the journals of the House showed had not been passed by the same, and which had been enrolled through mistake, the clerk of the House not having officially endorsed the same as passed.


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        Mr. Holland moved, that a Joint Select Committee of three, be appointed by this House to act with a like Committee of the Senate to investigate the matter in the Special Message of the Executive, relating to documents being stolen from the Executive Department and the Telegraph being cut;

        Which was agreed to, and Messrs. Holland, Haddock and Campbell were appointed said Committee on the part of the House.

        Mr. Holloman from a Select Committee made the following report:

        The Committee to whom was referred the duty of examining the work of the House Recording Clerk, ask leave to report that they have performed their duty, find the work progressing in good style, that in consequence of the many reports and communications made to this House, the record will be unusually lengthy, and recommend that the sum of two hundred dollars be allowed for his services.

All of which is respectfully submitted,

D. W. HOLLOMAN, Ch'n.

C. C. COFFEE,

A. A. CANOVA.


        Which was read.

        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 extend the time of collecting taxes in this State;

        An act to change the mode of selecting Grand and Petit Jurors in this State, approved February 8, 1861;

        An act to amend an act to establish the records of the county of Columbia, and for other purposes;

        An act to provide for the payment of the Volunteers from this State, and other troops;

        An act providing for the stay of execution in this State;

        Resolution concerning the Indian River Canal.

D. W. HOLLOMAN, Ch'n.


        Which was read.

        Mr. Russell, Chairman of a Select Committee on the part of the House, made the following report:

The joint Select Committee to whom was referred the report of the Comptroller of Public Accounts, ask leave to submit the following

REPORT:

        The Committee have spent much time in taking testimony and


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investigating the character of the claims passed by the Comptroller, and covered by his warrant upon the Treasury, under the act of the last General Assembly, 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. The amount of warrants issued tinder this act is reported by the Comptrolller at 168,524 83-100 dollars. It has been impossible for the committee to investigate fully the character of these claims without sending for persons and papers now at a distance from the capital. They have, however, called before them many important witnesses who have been carefully examined, and the principal features of their testimony taken down in writing, which testimony is at the service of the General Assembly.

        The committee also inspected a number of the claims presented and which had been allowed and covered by warrants, and found them stated and certified in form exactly according to the provisions of the act, but some of them showing on their face evidence of the fact that the same hand had written most if not all the names connected with the affidavits and certificates, presenting, in the opinion of your committee, such evidence of fraud as should have awakened suspicion in the mind of the auditing officer. Without going into an elaborate view of the testimony taken, your committee would state that the impression made on their minds by the investigation is, that there are many of the claims allowed that are founded in justice and properly certified and proved as the law directs; there are others that are just in part, but extended beyond the service actually rendered; there are others that have little or nothing to stand upon but the easy consciences of willing witnesses, while in several instances, the testimony is direct that the whole claims, affidavits, powers of attorney and all, were gotten up without the presence, knowledge or consent of the party who appeared to be such claimant.

        Your committee further report that the Comptroller of Public Accounts, R. C. Williams, Esq., has charged a commission or compensation on a large portion of these claims, which commission amounted in the aggregate to three thousand eight hundred dollars, ($3,800) as stated in the testimony of Mr. Williams himself. This he states, that he charged in his character of Pay-master, though no payment on amounts of such warrants has yet been made. In addition to the above charge, it is in proof that the Comptroller's Clerk, Edward M. West, charged two of the parties, viz: Win. H. Kendrick and Abner D. Johnson, five per cent. upon the claims presented by them, which claims seem by


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the Comptroller's books to amount to the sum of thirty-three thousand five hundred and sixty-one dollars, ($33,561,) and the commissions upon which would be sixteen hundred and seventy-eight 5-100 dollars. ($1,678 5-100.) This commission, Mr. West states, he charged in his character of attorney-at-law.

        The Comptroller of Public Accounts, R. C. Williams, Esq., has received for his services the salary of eleven hundred dollars per annum, allowed by law to State officers. He has since May, up to a recent date, been in receipt of a salary as Paymaster of one hundred and eighty-five dollars per month, or it the rate of two thousand two hundred and twenty dollars per annum, and as Comptroller audited his own accounts as Paymaster; this being a salary fixed by law to the office of Paymaster, your committee regard the commission of three thousand eight hundred dollars on the warrants issued, as improperly retained as such Paymaster, and is regarded rather as a commission on claims presented adverse to the State Treasury. The issue of warrants upon the Treasury as the adjustment of claims provided by law to be paid, is in the opinion of your committee one of the principal duties of the Comptroller and is a part of the labor of the officer compensated for by the salary. He is by law made the guardian of the Treasury. He is the State's special agent and cannot in good faith represent or receive a fee for auditing any claim against the State.

        These remarks apply with little less force to the Comptroller's clerk who is an officer prescribed by law, and paid by the State as an assistant guardian of the Treasury.

        Having now stated the facts as elicited by the investigation, it may be expected that your committee will recommend such action by the General Assembly as may seem to be proper in the premises. They, therefore, recommend the appointment of a special commission to be composed of discreet and able men, learned in the law, whose duty it shall be to investigate the whole matter, ferret out all frauds and illegal transactions, prosecute on the criminal side of the Court docket all frauds or perjuries, that they may detect, and bring all necessary actions on the civil side of the Court for the recovery of all sums paid or assumed to be paid by the State upon claims not sustained by the testimony, or the allowance of which the testimony may show had been obtained by fraud, perjury or false pretences. The law prescribed, with great precision, the character of the testimony and the number of affidavits that should be required to sustain each claim, and required that such testimony should be taken before a Court of Probate, which is a Court of record in this State. Upon the presentation of the testimony, as provided by law, with the certificate of the Judge of Probate in due form,


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the Comptroller of Public Accounts was required to issue his warrant upon the Treasury. When so issued, it became the act of the State, executed by her own appointed agents, and therefore, in the hands of innocent parties, as binding upon her good faith as any act of hers, however solemn its sanctions could be made. If fraud has been committed, that fraud is between the State and her citizens and agents, and should be rigidly investigated, but the fair name of a proud State should never be tarnished by the repudiation of her own authorized acts; and for the purpose of carrying out the views and recommendations of this report, your committee ask leave to offer the accompanying bill entitled in act to provide for the prosecution of frauds and for funding certain claims against the State of Florida, and recommend its passage.

        In regard to so much of the Comptroller's report as relates to the manner in which the books in his office have been kept, your committee ask leave to report that they accompanied Major John Beard, one of the former Comptrollers of this State, into the Comptroller's office, and there, in the presence of the Comptroller's clerk, made an examination into the manner in which the books had been heretofore kept. The forms, the references easy and correct, the Day Book or Journal, and Ledger, appeared to be correctly kept. The accounts against individual revenue officers, fines and forfeitures, revenues, &c., all appear to your committee to be appropriate and readily understood, while in regard to Warrant Book, Abstract Book, &c., there seemed to be no difficulty that could have embarrassed an accountant. That there may be errors your committee will not deny, but none have been exhibited to them, and they are of opinion that none exist which could not have been readily corrected by the Comptroller or his clerk.

        Your committee further report that they recommend an act further to define the duties of the Comptroller and Treasurer of this State.

JAS. S. RUSSELL,
Ch'n House Com.

A. S. COLE,

C. C. COFFEE,

ALEX. C. BLOUNT,

JACOB H. POOSER.

JAMES E. BROOME,
Ch'n Senate Com.

A. S. BALDWIN,

W. J. J. DUNCAN.


        Which was read.


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        On motion of Mr. Holland, 80 copies of said report were ordered to be printed for the use of the House.

ORDERS OF THE DAY.

        On motion of Mr. Holland, a Senate bill to be entitled an act amendatory of the various acts to organize the militia of the State of Florida,

        Was first taken up, and upon the question of what action should be taken by the House in relation to the first House amendment, in which the Senate had refused to concur, and upon which a Joint Committee of Conference had been appointed, the yeas and nays being called, the vote was:

        Yeas--Messrs. Arendell, Holland, Holloman and Vogt--4.

        Nays--Mr. Speaker, Messrs. Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Clyatt, Coffee, Cole, Haddock, Howell, Lee, Means, Oliver, Parker, Peterson, Pooser, Price, Richardson, Robinson, Scott, Seward, VanZant, Wall, Williams, Yates and Yon--28.

        So the House refused to recede from its first amendment to said bill. On motion, a Committee consisting of Messrs. Means, Williams and Holland were appointed to convey said bill to the Senate, and inform them of such action of the House.

        A Committee from the Senate, Consisting of Messrs. Dawkins, Chain and Broome waited upon the House, and informed them that the Senate had appointed a Committee to confer with the House Committee in relation to that part of the Governor's Special Message concerning certain documents being stolen or extracted from the Executive Chamber, and the destroying of Telegraph lines.

        A committee from the Senate, consisting of. Messrs. Broome, Brokaw and McCall waited upon the House and informed them that the Senate had refused to concur in the House amendments to Senate bill providing a salary and requiring additional duties to be performed by the Governor's private Secretary, and requested a Committee of Conference.

        On motion, Messrs. Vogt, Holloman and Pooser, were appointed said Committee of Conference on the part of the House.

        On motion, Messrs. Vogt, Holloman and Russell were appointed a Committee to notify the Senate of the appointment of such Committee of Conference.

        Mr. Scott, from the Committee on Engrossed Bills, made the following report:

        The Committee on Engrossed Bills report the following bills and resolution as correctly engrossed, viz:

        A bill to be entitled an act to repeal an act to provide for


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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;

        A bill to be entitled an act concerning distributions;

        A bill to be entitled an act more effectually to secure the payment for stock killed or injured on Railroads;

        A bill to be entitled an act for the relief of Benjamin Hopkins and others; also,

        Resolution for the purchase of seals for the county of Bradford.

Respectfully submitted,

WM. H. SCOTT, Chairman.


        Which was read, and the accompanying bills and resolution placed among the orders of the day.

        The rule being waived, Mr. Peterson introduced a resolution for the relief of John M. Johns, and other citizens of Hernando county;

        Which was placed among the orders of the day.

        Senate resolution relative to adjournment of this session of the General Assembly,

        Was read the first time, rule waived, read the second time by its title.

        Mr. Russell offered the following amendment to said resolution:

        Strike out "Saturday, 14th inst.," and insert "Tuesday, 17th inst;"

        Upon which the yeas and nays being called, the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Campbell, Clyatt, Haddock, Holloman, Meas, Oliver, Peterson, Price, Russell, VanZant, Wall, Vogt, Williams, Yates and Yon--20.

        Nays--Messrs. Broxson, Carter, Coffee, Cole, Holland, Howell, Lee, Parker, Pooser, Richardson, Seward and Wells--12.

        So the amendment was adopted.

        The resolution was then read the third time by its title, and adopted.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act to amend and consolidate the several acts of this State in relation to patrols,

        Was read the second time, and ordered for a third reading on to-morrow.

        The rule being waived, Mr. Bloxham introduced the following resolutions:

        WHEREAS, The Constitution declares that "no money shall be drawn from the Treasury but in consequence of an appropriation by law;" and whereas, certain ordinances of the Convention


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have been construed as giving the right to draw money for various and sundry purposes; therefore,

        Be it resolved by the House of Representatives of the State of Florida in General Assembly convened, That in the opinion of this House the ordinance of the Convention which declares "that the officers and men of all ranks and grades in the service of Florida, when called into service or placed on duty, shall receive the same pay as officers and men of like rank in the army of the Confederate States," is merely declaratory of the rate of pay to the which troops referred to are entitled, and carries with it no appropriation.

        Resolved 2d, That the ordinance numbered 46, which declares "that the Governor of this State be, and he is hereby authorized to cause any funds in the Treasury or in his control to be applied to equipping the forces called or to be called into service by the Confederate States," limits the use of the funds so placed at the disposal of the Governor to the purpose therein declared, to wit: "to equipping the forces called or to be called into service by the Confederate States," and does not authorize the withdrawal of funds for any other purpose whatever.

        Upon the adoption of which, the yeas and nays being called, the vote was:

        Yeas--Messrs. Bellamy, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Coffee, Cole, Holloman, Oliver, Peterson, Scott, Williams and Yon--16.

        Nays--Mr. Speaker, Messrs. Arendell, Holland, Howell, Lee, Parker, Pooser, Price, Richardson, Russell, Wall, Wells and Vogt--13.

        So the resolutions were adopted.

        Senate resolution concerning the completion of the Pensacola & Georgia Railroad in its connection with the Savannah, Albany and Gulf Railroad,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Broxson, Campbell, Carter, Clyatt, Coffee, Cole, Holland, Holloman, Lee, Means, Oliver, Parker, Pooser, Russell, Scott, Wells, Vogt, Williams, Yates and Yon--25.

        Nays--Messrs. Canova, Haddock, Howell, Mizell, Peterson, Price, Richardson, VanZant and Wall--9.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        A committee from the Senate, consisting of Messrs. Abercrombie, McQueen and Ingram waited upon the House and conveyed to them a Senate bill to be entitled an act to authorize the corporate


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authorities of the city of Pensacola to issue change bills,

        Which was placed among the orders of the day.

        Senate resolution concerning the repeal of a certain act of the Provisional Congress,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Canova, Campbell, Carter, Clyatt, Coffee, Cole, Haddock, Holland, Howell, Holloman, Means, Peterson, Pooser, Price, Russell, Scott, VanZant, Wall, Vogt, Williams, Yates and Yon--27.

        Nay--Mr. Parker--1.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate resolution in behalf of sundry citizens of Key West,

        Was read the third time and put upon its passage upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Canova, Carter, Clyatt, Coffee, Cole, Haddock, Holland, Holloman, Means, Pooser, Price, Robinson, Russell, Wall, Vogt, Yates and Yon--21.

        Nays--Messrs. Howell, Parker, Richardson and Seward--4.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        On the passage of said resolution, Mr. Peterson, on motion, was excused from voting.

        Senate bill to be entitled an act to regulate proceedings before Justices of the Peace in the trial of offences committed by slaves, free negroes or mulattoes,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Blount, Bloxham, Carter, Clyatt, Coffee, Cole, Haddock, Holloman, Lee, Parker, Pooser, Richardson, Seward, Vogt, Williams, Yates and Yon--20.

        Nays--Mr. Speaker, Messrs. Broxson, Canova, Peterson, Price and Russell.--6.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        On motion, the House took a recess until three o'clock, P. M.

3 O'CLOCK, P. M.

        The House met pursuant to adjournment--a quorum present.


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        The rules being waived, Mr. Holland introduced without previous notice, the following bill, viz:

        A bill to be entitled an act in relation to Militia and Volunteer Elections.

        On motion, the rules being waived, the bill was taken up and read the first time, rule waived, read a second and third times by its title and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Campbell, Carter, Clyatt, Coffee, Haddock, Holland, Howell, Holloman, Pooser, Price, Richardson, Russell, Scott, Seward, VanZant, Wall, Wells, Williams, Yates and Yon--25.

        Nays--Mr. Lee--1.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The rules being waived, Mr. Russell introduced the following resolution:

        Resolution declaratory of the feeling of this House in relation to the election of Confederate Senators.

        Whereas, this House has at all times, during this session of the General Assembly, been willing and ready to unite with the Senate in Joint Meeting, to go into the election of Confederate Senators, and have respectfully united with them for this purpose, and intended to continue so doing until an election should be effected, but the Senate having laid upon the table a resolution adopted by this House to go into such election on the ----, and not having since then given this House, by resolution or otherwise, my indication of a desire upon their part to again meet the House in Joint Meeting for this purpose; Therefore,

        Be it resolved by the House of Representatives, That this House is now ready and willing to meet the Senate in Joint Meeting from day to day, and at such time as the Senate by resolution may adopt to go into the election of Confederate Senators and in case of the refusal of the Senate to take any further action in this matter, the House will consider itself entirely exonerated from any blame for the neglect of so important a duty.

        Which was adopted.

        The following message was received from the Senate:

SENATE CHAMBER,
December 12, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day passed the following bill, viz:


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House bill to be entitled an act for the relief of Sheriff s and other ministerial officers of the Court.

Very respectfully,

JOHN B. WHITEHTRST,
Secretary of the Senate.


        The bill was ordered to be enrolled.

        Senate bill to be entitled an act for the relief of A. J. Braddock, Sheriff of Nassau county,

        Was read the third time and put upon its passage, upon which the was:

        Yeas--Messrs. Amos, Arendell, Blount, Bloxham, Canova, Carter, Clyatt, Coffee, Haddock, Parker, Price, Russell, Wall, Williams and Yates--15.

        Nays--Mr. Speaker, Messrs. Broxson, Campbell, Holland, Howell, Holloman, Richardson, Scott, Seward, VanZant and Wells--11.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled for the relief of Joseph F. Prevatt,

        Was read the second time, and on motion, referred to a select committee, consisting of Messrs. Clyatt, Coffee and Carter.

        Senate bill to be entitled an act for the relief of Lewis Laird and others,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Broxson, Canova, Carter, Clyatt, Hull, Lee, Parker, Robinson, Seward, Wells and Yon--15.

        Nays--Messrs. Bloxham, Campbell, Coffee, Haddock, Holland, Howell, Holloman, Pooser, Price, Richardson, Russell, Scott, VanZant, Wall, Williams and Yates--16.

        So the bill was lost.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to encourage the manufacture of salt within the limits of this State,

        Was read the second time, and referred to the Committee on Internal Improvements.

        A bill to be entitled an act for the relief of R. P. Lewis of Bradford county,

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        Resolution for the purchase of Seals for the county of Bradford,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Canova, Campbell, Carter, Clyatt, Haddock,


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Hull, Lee, Parker, Peterson, Pooser, Price, Richardson, Scott, Seward, VanZant, Wall, Yates and Yon--24.

        Nays--Messrs. Coffee, Robinson and Wells--3.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act concerning Distributions,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Blount, Canova, Holland, Hull, Lee, Peterson, Pooser, Price, Scott, Wall, Williams, Yates and Yon--15.

        Nays--Messrs. Carter, Clyatt, Howell, Parker, Richardson,. Robinson, Russell, Seward, VanZant and Wells--10.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act more effectually to secure the payment for Stock killed or injured on Railroads,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Blount, Bloxham, Broxson, Campbell, Carter, Clyatt, Coffee, Holland, Lee, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Wall, Vogt, Williams, Yates and Yon--23.

        Nays--Messrs. Haddock, Howell, VanZant and Wells--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 repeal 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,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Campbell, Carter, Coffee, Haddock, Hull, Pooser, Price, Robinson, Russell, Wall, Vogt, Williams and Yates--13.

        Nays--Mr. Speaker, Messrs. Amos, Broxson, Canova, Howell, Lee, Parker, Richardson, Seward, VanZant, Wells and Yon--12.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The following message was received from the Senate:


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SENATE CHAMBER,
December 13, 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 suspension of specie payments, as amended;

        House bill to be entitled an act in reference to lands bought in by the State for taxes;

        House bill to be entitled an act to amend an act to change the time for holding the Circuit Courts for the Western Judicial Circuit in the counties of Walton and Holmes;

        Also 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.

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 House bill to suspend specie payments amended by the Senate was taken up and upon the question of concurring in Senate amendments, the yeas and nays being called, the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Canova, Campbell, Carter, Clyatt, Coffee, Haddock, Holland, Howell, Holloman, Lee, Pooser, Price, Robinson, Russell, Scott, Seward and Vogt--22.

        Nays--Messrs. Broxson, Parker, VanZant, Wall, Wells, Williams, Yates and Yon--8.

        So the House concurred in Senate amendment to said bill and the same was ordered to be enrolled.

        Resolution for the relief of John M. Johns and others, citizens of Hernando county,

        Was read the first time and ordered for a second reading on tomorrow.

        The following message from his Excellency the Governor was received and read:

EXECUTIVE DEPARTMENT,
Tallahassee, December 13, 1861.

Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:

        SIR--I have approved and signed the following bills and resolution this day transmitted me, viz:


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        An act to change the times of holding the terms of the Circuit Court in the Southern Circuit;

        An act for the relief of Jonathan C. Stewart, Sheriff of Orange county;

        An act to amend an act entitled an act to amend the charter of incorporation of the City of Jacksonville, approved January 13th, 1859;

        An act to amend an act entitled an act to organize the county of Polk from the counties of Hillsborough and Brevard;

        An act to provide for the stay of executions in this State;

        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;

        An act to amend an act to establish the records of the county of Columbia, and for other purposes;

        An act to amend an act to extend the time of collecting taxes in this State;

        An act to provide for the payment of the volunteers from this State, and other troops; also,

        Resolution concerning the Indian River Canal.

Very respectfully,

JOHN MILTON.


        The following message was received from the Senate, viz:

SENATE CHAMBER,
December 13, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day passed the following bills and resolutions, viz:

        A bill to be entitled an act to amend an act relating to the distribution of the laws of this State, approved January 7th, 1853;

        A bill to be entitled an act to protect occupants upon the public lands of this State in their possession of, and to their improvements thereon, and for other purposes;

        Joint resolution recommending Hon. William W. McCall, for Captaincy in the regular army; and

        Resolution declaratory of the reserved rights of the State of Florida.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read and accompanying bills and resolutions placed among the orders of the the day.


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        A bill to be entitled an act for the relief of Benjamin Hopkins and others,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Canova, Haddock, Hull, Richardson and Yates--6.

        Nays--Messrs. Amos, Arendell, Blount, Bloxham, Broxson, Campbell, Carter, Coffee, Howell, Holloman, Lee, Parker, Pooser, Price, Robinson, Russell, Seward, Wall, Wells, Vogt, Williams and Yon--22.

        So the bill was lost.

        Senate bill to be entitled an act to authorize the corporate authorities of the city of Pensacola to issue change bills,

        Was read the third time, and by unanimous consent, Mr. Williams was allowed to offer the following amendment:

        After the words "city of Pensacola," insert "Tallahassee,"

        Which was adopted.

        The bill was then put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Canova, Holland, Howell, Scott, William and Yates--10.

        Nays--Messrs. Bloxham, Broxson, Campbell, Carter, Holloman, Lee, Pooser, Price, Richardson, Robinson, Russell, Seward, Wall, Wells, Vogt and Yon--16.

        So the bill was lost.

        Ordered that the same be certified to the Senate.

        The rule being waived, Mr. Canova introduced the following resolution:

        Resolved, That his Excellency the Governor, and the Comptroller of Public Accounts of this State, be and they are hereby respectfully requested to render statements to the General Assembly of the condition of the several Banks organized and in operation within this State, under the acts authorizing the same, that the Assembly may be advised as to their true condition and standing, and that the requirements of an act entitled "an act requiring certain statements to be made in the reports which the several Banks of this State are required to make to the Governor and Comptroller of this State," approved Feb'y 10, 1861, have been fully complied with.

        Which was adopted.

        Mr. Pooser moved that the Hon. C. L. Broxson be excused from further attendance on this House after to-day;

        Which was agreed to.

        Mr. Pooser moved that Mr. D. P. Holland be excused from further attendance on the House during the present session;

        Which was agreed to.


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        Senate bill to be entitled an act to amend an act relative to the distribution of the laws of this State, approved Jan'y 7, 1853,

        Was read the first time, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Bloxham, Canova, Campbell, Carter, Holland, Howell, Holloman, Hull, Lee, Parker, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Wall, Vogt, Williams and Yon--25.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act to protect occupants upon the public lands of this State in their possession of and to their imprnvements thereon, and for other purposes,

        Was read the first time and ordered for a second reading on to-morrow.

        The rule being waived, Mr. Hull introduced a resolution requesting the President to appoint Charles F. Hopkins and D. P. Holland as field officers in the regular army;

        Which was placed among the orders of the day.

        On motion, the House adjourned until tomorrow morning, 11 o'clock.

SATURDAY, December 14, 1861.

        The House met pursuant to adjournment--a quorum present.

        On motion of Mr. Russell, the reading of yesterday's journal was dispensed with.

        Mr. Blount, from the Committee on the Judiciary, made the following report:

        The Committee on the Judiciary, to whom was referred a bill to be entitled an act for the protection of and aid to paupers, and for other purposes, have had the same under consideration, and ask leave to report the same back to the House without recommendation.

A. C. BLOUNT, Chairman.


        Which was read, and the accompanying bill placed among the orders of the day.

        Mr. Vogt, from a Committee of Conference on the part of the House, made the following report:

        The Committee of Conference on the House amendment to the Senate bill to be entitled an act to fix the salary and require additional duties to be performed by the Governor's Private Secretary,


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and for other purposes, recommend that the Senate adopt the House amendment with the addition of the following section to the bill:

        SEC. 8. Be it further enacted, That all acts or resolutions now in force in this State, inconsistent with the provisions of this act, be and the same are hereby repealed.

        Also strike out "Governor's Private Secretary" from the title and insert "Secretary of State."

Respectfully submitted,

D. A. VOGT,
Ch'n House Com.

JACOB H. POOSER,

D. W. HOLLOMAN.


        Which was read and the amendments offered by the Committee adopted, and the accompanying bill placed among the orders of the day.

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

        The Select Committee, to whom was referred a bill to be entitled an act for the relief of Joseph F. Prevatt and the petitions relating thereto, have had the same under consideration, and recommend the passage of the bill.

All of which is respectfully submitted,

T. N. CLYATT, Chairman.

C. C. COFFEE,

JAMES P. CARTER.


        Which was read, and the accompanying bill placed among the orders of the day.

        The following message was received from the Senate:

SENATE CHAMBER,
Dec. 13, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR--The Senate has this day passed the following resolution, viz:

        Resolution relating to coupon bonds authorized to be issued by ordinance of the State of Florida, passed April 21, 1861, and the payment of debts due by said State.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read, and the accompanying resolution placed among the orders of the day.

        Also the following:


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SENATE CHAMBER,
Dec. 13, 1861.

HON. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day passed the following bill and resolution, viz:

        A bill to be entitled an act to extend the jurisdiction of Justices of the Peace in this State; also,

        Resolution in relation to completing the Railroad connection between the Pensacola & Georgia Railroad and the Savannah, Albany and Gulf Railroad.

        The following bill has this day been lost in the Senate, viz:

        A bill to be entitled an act for the relief of Dr. J. P. Duval.

Very Respectfully,

JOHN B. WHITEHURST,
Secretary of Senate.


        Which was read and the accompanying bill and resolution placed among the orders of the day.

ORDERS OF THE DAY.

        Joint Resolution recommending the Hon. J. Q. Stewart for a Captaincy in the regular army,

        Was read the second time, rule waived, read the third time by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Campbell, Carter, Clyatt, Coffee, Haddock, Holland, Howell, Hull, Lee, Means, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, VanZant, Wall, Wells, Williams, Yates and Yon--27.

        Nays--None.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        Joint resolution requesting the President to appoint Charles F. Hopkins and D. P. Holland as field officers in the regular army,

        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:

        Yeas--Messrs. Amos, Arendell, Blount, Campbell, Carter, Clyatt, Coffee, Haddock, Howell, Holloman, Hull, Lee, Means, Mizell, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, VanZant, Wall, Wells, Vogt, Williams, Yates and Yon--28.

        Nays--None.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.


Page 279

        The rules being waived, Mr. Holland introduced a joint resolution providing for the organization of the Amelia Guerilla Company;

        Which was read, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Campbell, Carter, Clyatt, Coffee, Haddock, Holland, Howell, Hull, Lee, Means, Newburn, Petersen, Pooser, Price, Scott, Seward, VanZant, Wall, Wells, Vogt, Williams, Yates and Yon--28.

        Nays--Mr. Mizell--1.

        So the resolution passed--title as stated.

        On motion, a Committee of three, consisting of Messrs. Holland, Yates and Hull were appointed to convey the same to the Senate.

        A committee from the Senate consisting of Messrs. Davidson, Baldwin and Dawkins waited upon the House and requested the return to the Senate of a House bill entitled an act to extend the jurisdiction of Justices of the Peace in this State.

        On motion, Messrs. Blount, Arendell and Carter, were appointed a committee to convey said bill back to the Senate.

        Mr. Holloman, from the Committee on Enrolled Bills, made the following report:

        The Committee on Enrolled Bills ask leave to report the following bills and resolutions as correctly enrolled, viz:

        An act to amend an act to change the time for holding the Circuit Court for the Western Judicial District;

        An act for the relief of Sheriffs and other ministerial officers;

        An act in reference to lands bought in by the State for taxes;

        An act to amend an act giving the State the right of peremptory challenges in criminal cases, approved February 14th, 1861;

        An act to authorize the suspension of specie payment;

        Resolution delaratory of the reserved rights of the State of Florida;

        Joint resolution recommending Honorable William W. McCall for a Captaincy in the regular army; also,

        Resolution relative to completing the railroad connection between the Pensacola and Georgia Railroad and the Savannah, Albany & Gulf Railroad.

D. W. HOLLOMAN, Chairman.


        Which was read.

        The rules being waived, Mr. Williams, front the Committee on the Militia, made the following report:

        The Committee on the Militia to whom was referred a bill for the relief of J. H. Rhodes of Leon county, have had the same uuder consideration and beg leave to report, that they have carefully


Page 280

examined into the claim of said Rhodes and find that he has performed the duties assigned him as constable under the militia law of '59-'60, and knowing his claim to be a just one, would recommend the passage of the bill. The committee find upon inquiry that the sheriff of Leon county has paid into the military fund sums more than equal to the demands likely to be made, and also find that no separate record has been kept of these amounts, hence a failure to establish as the law directs a military fund. The Committee would recommend that the Treasurer be and he is hereby requested to pay the claim of the said Rhodes out of any monies not otherwise appropriated.

JOS. JOHN WILLIAMS, Ch'n.


        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 and resolutions as correctly engrossed, viz:

        A bill to be entitled an act for the relief of R. P. Lewis of Bradford county;

        A bill to be entitled an act for the relief of Aaron W. DaCosta, a Justice of the Peace for Duval county;

        A bill to be entitled an act for the relief of John B. Whitehurst;

        Resolution for the relief of James D. Green, ex-officio Tax Assessor and Collector of Manatee county;

        Resolution in relation to the return of the second regiment of Florida Volunteers from Virginia to this State; also,

        A bill to be entitled an act to amend the statute of limitation.

Respectfully submitted,

WM H. SCOTT, Chairman.


        Which was read, and the accompanying bills and resolutions placed among the orders of the day.

        Senate bill to amend and consolidate the several acts of this State in relation to patrols,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Campbell, Carter, Clyatt, Coffee, Howell, Hull, Means, Newburn, Price, Russell, Scott, Wall, Vogt, Williams, Yates and Yon--22.

        Nays--Messrs. Haddock, Howell, Lee, Parker, Peterson, Richardson and Seward--7.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The following message from his Excellency the Governor was


Page 281

received, and on motion, referred to the Committee on the Militia:

EXECUTIVE DEPARTMENT,
Tallahassee, December 13, 1861.

Fellow-Citizens of the Senate
and House of Representatives:

        Your attention is respectfully invited to the proceedings of a Convention of Artificers, called to meet in Tallahasse, on the 1st of November, 1861. The Convention was composed of intelligent citizens, patriotic, sensible and practical men--gentlemen whose opinions are entitled to respectful consideration.

        The views of the Executive as to the necessity of an Arsenal of Construction have been made known to you in a previous message. The skill and energy of the patriotic artisans of the State, in the judgment of the Executive, should be brought into requisition by liberal appropriations of money on the part of the General Assembly. In the Executive Department, at this time, is a Sword Bayonet, invented and made by W. W. Ansel, a citizen of Florida, not surpassed in excellence by any other bayonet--also, the model of a gun invented by E. B. Ridley. M. D., a citizen of Florida, whose description of its powers accompanies this message. Also a splendid Sword manufactured in Georgia by the patriotic and accomplished artisan, A. H. Dewitt, of Columbus, Ga. These things are subject to your inspection, and if inspected, cannot fail to inspire the pleasing conviction that the skill and energy of the people of the Confederate States of America are sufficient for any emergency necessary to the protection of liberty life and property; and shall the gallant little State of Florida--the land of flowers-- alike distinguished for the beauty, virtue and patriotism of her daughters, and the gallantry of her soils, be left dependent upon the skill and industry of the citizens of other States for the arms necessary to her defence, for the want of dollars and cents wisely appropriated to invite and support the enter rising and a ready ascertained skill of her own sons?

Respectfully,

JOHN MILTON.


MECHANIC'S MEETING.

        The following are the proceedings of a Convention of Artificers, called to meet in Tallahassee on the 13th inst., by


Page 282

his Excellency GOV. MILTON. Gen. R. A. Shine was unanimously elected President of the Convention--A. B. Hutchins, Sec'y.

        On motion, a Committee was appointed, consisting of Messrs. Ledwith, Keenan and Robertson, to wait on the Governor and solicit his views with regard to the main object of the Convention. His Excellency being then introduced, proceeded at once to address the meeting, making known, in a very explicit manner, the purpose for which the Convention was called.

        On motion, a Committee of five was appointed, consisting of Messrs. Ledwith, King, Davis, Keenan and Galagher, to take into consideration what course it would be most proper to pursue, relative to business concerning the Convention, and report the same at 7 o'clock this evening, until which time this meeting is adjourned.

7 O'CLOCK, P. M.

        The Committee appointed to suggest business for the consideration of the Convention, submit the following preamble and resolutions:--

        WHEREAS, it becomes the duty of every class of citizens within the State of Florida to put forth all their energy and skill in devising ways and means to repel the insolent foe that has invaded our borders, and to prosecute with zeal, to all honorable peace, the war that is now waged against the Confederate States of America: AND WHEREAS, There are many men of science within the limits of the State, who only await all opportunity and State encouragement to display their skill and ability to manufacture arms of every description ammunition, and all other material used in warfare-- Therefore be it Resolved,

        1st. That his Excellency the Governor be and is hereby requested to urge upon the General Assembly, soon to convene, the appropriation of fifty thousand dollars for the establishment of a manufactory of guns, gun powder, shot and shell, carriages of all necessary kinds, harness, swords, sabres, and every description of implement of war that may be necessary for the use of State troops; and that a suitable person be employed to superintend said works, and that said Arsenal of Construction be situated at such place as the General Assembly may think most advisable.


Page 283

        2d. That all works and private enterprises of every description, tending towards the public good, should receive the protection and encouragement of the State of Florida, and the citizens thereof.

MICHAEL LEDWITH, JOHN Q. GALAGHER, GEO. S. KING, D. L. KEENAN, C. H. DAVIS, Committee.

        The following resolution was offered by Mr. Keenan:

        Resolved, That the change of the flint and steel musket to that of percussion, on the principles suggested and plan exhibited to this Convention by Mr. C. H. Davis, and the bayonet attached to double barrel shot guns, as exhibited by Mr. Geo. S. King, be approved and recommended. Adopted.

        On motion of Mr. Randam, it was

        Resolved, That the Secretary be, and he is hereby instructed, to furnish the Governor with a copy of the preamble and resolutions passed by this Convention. Adopted.

        On motion of Mr. Davis,

        Resolved, That the newspapers of this State be requested to publish the proceedings of this Convention. Adopted.

        After the adoption of the above resolutions, on motion, the Convention adjourned.

[COPY.]

TALLAHASSEE, Florida, Dec. 13th, 1861.

His Excellency JOHN MILTON,
Governor of Florida:

        SIR: Having invented a gun which, if properly arranged, might, in my opinion, serve a valuable purpose in repelling the present threatened invasion of our soil, I deem it my duty its a loyal citizen of the State of Florida, to use every effort to render her defences as efficient as possible; but my means being inadequate to the undertaking, I am reduced to the necessity of asking State aid, and for the better understanding of the Executive and General Assembly, I have deposited a model of said gun in the Executive office, and herewith subjoin a description as follows:

        One hundred and twenty-eight guns constitute a full battery; this to be sub-divided into sixteen sections of eight guns each; these to be placed on carriages similar to six


Page 284

pound cannon, to be elevated and depressed upon the same principle as cannon, but the sighting will be accomplished by means of a tube, which will occupy a central position on the carriage. By means of a rod of iron which passes horizontally behind the breach of each gun, and to which is attached a crank and sundry pinions, all the guns are made to fire at the same time and at least once per second. As there are eight balls, they will take effect 800 yards, but it is contemplated to reduce the size and increase the number as the distance is lessened--thus:

  • 8 oz. balls shoot . . . . . 800 yards
  • 1 oz. balls shoot . . . . . 200 yards
  • 1/2 oz. balls shoot . . . . . 100 yards

        The number of balls per minute will be as follows--

  • 8 oz. balls, . . . . . 7,680
  • 1 oz. balls, . . . . . 61,240
  • 1/2 oz. balls, . . . . . 122,880

        The same amount of lead will be discharged each fire, upon the principle of solid ball, grape and canister for cannon.

        Each section of battery to be protected by a plate of boiler iron, 3-16 of an inch thick, presenting an inclined plane of forty five degrees front. One hundred and sixty men will man a full battery. Thirty-two horses will be sufficient for transportation of the whole battery. The cost of putting them up cannot exceed thirty dollars per gun.

        Believing that I have completed the description of every thing materially necessary for your information,

I have the honor to be,
Very respectfully,
Your obedient servant,

E. B. RIDLEY, M. D.


        A bill to be entitled an act for the relief of E. E. Blackburn, late Marshal of the late United States, and his assistants.

        Mr. Bloxham moved the reconsideration of the vote taken yesterday on a Senate bill to be entitled an act to authorize the City of Pensacola to issue change bills;

        Which was agreed to, and said bill placed among the orders of the day.

        Resolution for the relief of James D. Green, ex-officio Tax Collector of Manatee county,

        Was read the third time and put upon its passage, upon which the vote was:


Page 285

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Carter, Clyatt, Coffee, Haddock, Howell, Holloman, Hull, Lee, Means, Newburn, Parker, Peterson, Price, Richardson, Russell, Scott, Seward, Wall, Wells, Vogt, Williams, Yates and Yon--26.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act for the relief of R. P. Lewis of Bradford county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Carter, Clyatt, Coffee, Haddock, Howell, Holloman, Hull, Lee, Means, Newburn, Parker, Peterson, Pooser, Price, Richardson, Scott, Seward, Wall, Wells, Vogt, Williams, Yates and Yon--28.

        Nays--Mr. Mizell--1.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act to protect occupants upon the public lands of this State in their possession of, and to their improvements thereon and for other purposes,

        Was read the second time and ordered for a third reading on Monday.

        A bill to be entitled an act for the relief of John B. Whitehurst,

        Was read the third time, and on motion was placed back on its second reading and the following amendment offered by Mr. Love:

        Strike out last five lines and last word in sixth line from the bottom and insert, "Said office of Lieut. Colonel of the first Regiment of State Guards be declared vacant, and the Governor be and he is hereby authorized and required to order an election to fill said vacancy in accordance with the requirements of the law for election of field officers."

        Upon which the yeas and names being called, the vote was:

        Yeas--Mr. Speaker, Messrs. Bellamy, Blount, Campbell, Carter, Howell, Holloman, Mizell, Price, Richardson, Russell and Scott--12.

        Nays--Messrs. Arendell, Bloxham, Clyatt, Coffee, Holland, Hull, Means, Peterson, Pooser, Robinson, Wall, Wells, Vogt, Williams, Yates and Yon--16.

        So the amendment was lost.

        The bill was then on motion read a third time by its title, and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Blount, Bloxham, Clyatt,


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Coffee, Holland, Hull, Lee, Means, Newburn, Peterson, Pooser, Price, Robinson, Russell, Wall, Wells, Vogt, Williams, Yates and Yon--22.

        Nays--Mr. Speaker, Messrs. Campbell, Carter, Howell, Richardson, Scott and Seward--7.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The rules being waived, Mr. Holloman introduced the follow resolution:

        Joint resolution in reference to pay of members of the General Assembly.

        Resolved, That the Committee appointed for the purpose of preparing the General Appropriation Bill be, and they are hereby instructed to allow in said bill to each member of this General Assembly the sum of three dollars per day, as heretofore allowed for services during this present session, and such milage as has been heretofore properly allowed.

        Resolved further, That the provisions of an act, approved Feb'y 14, 1861, fixing the pay of members of the General Assembly, do not apply to the present members of this General Assembly.

        Mr. Bloxham offered the following as a substitute for said resolution:

        Resolved, That the Committee on appropriations be requested to adopt that law which will be most beneficial to the interest of the State;

        Upon which the yeas and nays being called, the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham ham, Campbell, Carter, Clyatt, Coffee, Holland, Howell, Hull, Means, Peterson, Pooser, Price, Robinson, Russell, Scott, Seward, Wall, Vogt, Williams, Yates and Yon--25.

        Nays--Messrs. Holloman, Lee, Newburn and Wells--4.

        So the substitute was adopted.

        Mr. Holloman moved that a Committee of three be appointed, whose duty it shall be to ascertain which mode of calculation on milage, and per diem, will be the most beneficial to this State, and that Mr. Bloxham be appointed chairman of the same, to report to this House at as early an hour as possible.

        Upon which the yeas and nays being called, the vote was:

        Yeas--Messrs. Carter, Haddock, Holloman, Russell, Wells, Vogt, Williams and Yates--8.

        Nays--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Campbell, Clyatt, Coffee, Holland, Howell, Hull, Lee, Means, Newburn, Parker, Peterson, Pooser, Price, Robinson, Scott, Seward and Yon--23.

        So the motion was lost.


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The following message was received from the Senate:

SENATE CHAMBER,
December 12th, 1861.

Hon. SAMUEL 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 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, as amended. See enclosed printed bill.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read and the amendments concurred in, and the bill ordered to be enrolled.

        Also the following:

SENATE CHAMBER,
December 13, 1801.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR: I am instructed by the Senate to return the enclosed resolution to the House of Representatives, having been transmitted to the Senate informally, there being no message accompanying the same.

Very Respectfully,

JOHN B WHITEHURST,
Secretary of Senate.


        Which was read.

        Also the following:

SENATE CHAMBER,
Dec. 13, 1861.

HON. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR: The Senate has this day concurred in the House amendments to a 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; and have adopted the enclosed as an additional section; also amended the title by striking out "Governor's private Secretary" and inserting "Secretary of State."

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.



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        Which was read.

        Also the following:

SENATE CHAMBER,
December 14, 1801.

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 for the relief of certain citizens of this State;

        A bill to be entitled an act to authorize the Secretary of this State to appoint an Assistant; also,

        A bill to be entitled an act to define the duties of the Comptroller and Treasurer of this State.

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,
Dec. 14, 1861.

To 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 provide for the payment of the War Tax to be assessed upon and collected. from the citizens of this State;

        House bill to be entitled an act to modify and change the act entitled an act to provide for the issue of Treasury Notes, approved Feb'y 14, 1861; also,

        House bill to be entitled an act relative to the Public Lands of the State of Florida.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read and the bills ordered to be enrolled.

        The rules being waived, Mr. Hull introduced a joint resolution in relation to furnishing the volunteer soldiers of the State of Florida between the times they were actually in camp until they are mustered into the service;

        Which was read the first time, the rules waived and read the second and third times by its title and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Campbell, Carter, Clyatt, Coffee, Haddock, Howell,


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Holloman, Hull, Means, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Wall, Wells, Yates and Yon--31.

        Nays--None.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        On motion of Mr. Blount, a Committee consisting of Messrs. Blount, Wall and Clyatt, were appointed to convey to the Senate the Senate resolution amended by the House relative to adjournment, and which was forwarded to the Senate through mistake, and returned to the House this morning.

        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 not being present, on motion, the Sergeant-at-Arms was dispatched to request the attendance of absent members.

        On motion, Mr. Robinson was excused from serving on the Committee on Appropriations on the part of the House.

        Senate bill to be entitled an act for the protection of and aid to paupers, and for other purposes,

        Was, on motion, laid on the table.

        Senate bill to be entitled an act for the relief of J. H. Rhodes, Constable 2nd District, Leon county,

        Was read a second time and ordered to be engrossed for a third reading on Monday.

        On motion, Messrs. Arendell and Russell were excused from attendance on the House from 4 o'clock this evening until Monday morning next, at 10 o'clock.

        Senate resolution relating to coupon bonds authorized to be issued by ordinance of the State of Florida, passsed April 21st, 1861, and the payment of debts due by said State,

        Was read the first time and ordered for a second reading on Monday.

        On motion, Messrs. Holland, Haddock and Carter, were appointed a Committee to wait upon the Senate and ask the return of a Senate bill entitled an act amendatory and to consolidate the various militia laws of this State.

        Senate bill to be entitled in act for the relief of Joseph F. Prevatt,

        Was read the second time and ordered for a third reading on Monday.


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        A Commlttee from the Senate, consisting of Messrs. Rogers, Brokaw and Ingram, waited upon the House and returned to the House a Senate bill entitled an act amendatory of the various acts to organize the militia of the State of Florida.

        A bill to be entitled an act to amend the law regulating Judicial Proceedings,

        Was read the first time and ordered for a second reading on Monday.

        A bill to be entitled an act to amend the Statute of Limitations,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Blount, Blox, ham, Haddock, Holland, Holloman, Unit, Peterson, Price, Wall - Vogt, Williams and Yates--15.

        Nays--Messrs. Campbell, Clyatt, Howell, Means, Parker, Richardson, Robinson, Seward, Wells and Yon--10.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Resolution for the relief of John M. Johns and other citizens of Hernando county,

        Was read the second time and ordered for a third reading on Monday.

        Senate bill to be entitled an act to authorize the corporate authorities of the city of Pensacola to issue change bills,

        Was read the third time and put upon its passage upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Canova, Carter, Clyatt, Haddock, Holland, Hull, Means, Pooser, Price, Wells, Vogt, Yates and Yon--19.

        Nays--Messrs. Campbell, Howell, Parker, Peterson, Richardson, Russell, Seward and Wall--8.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act to authorize the Secretary of State to employ an assistant,

        Was read the first time, the rule waived, read the second time by its title and the following amendmens offered by Mr. Holland:

        Sec. 4. Be it further enacted, That the salary of the Secretary shall be two thousand dollars a year, and this shall be in lieu of all fees and salary.

        Which was lost.

        The bill was then ordered for a third reading on Monday.

        Senate bill to be entitled an act for the relief of certain citizens of this State,


Page 291

        Was read the second time, and ordered for a third reading on Monday.

        Senate bill to be entitled an act further to define the duties of the Comptroller and Treasurer of this State,

        Was read the first time and ordered for a second reading on Monday.

        Senate bill to be entitled an act to amend the Election Laws of this State,

        Was read the second time, rule waived, read the third time by its title and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Amos, Bellamy, Blount, Bloxham, Canova, Campbell, Clyatt, Haddock, Holland, Holloman, Hull, Means, Peterson, Price, Wall, Vogt, Williams and Yon--19.

        Nays--Messrs. Howell, Parker, Richardson, Seward, Wells and Yates--6.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        On motion, Mr. Bloxham was excused from service on the Committee on Appropriations, and Mr. Blount appointed to serve in his stead.

        Mr. Hull from the Committee on Engrossed Bills made the following report:

        The Committee on Engrossed Bills beg leave to report the following bill as correctly engrossed, viz:

        A bill to be entitled an act for the relief of John H. Rhodes, Constable of the Second District of Leon county.

N. H. HULL, Ch'n.


        Whi h was read and the accompanying bill placed among the orders of the day.

        A bill to be entitled an act for the relief of John H. Rhodes, Constable of the Second District of Leon county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Bellamy, Blount, Bloxham, Campbell, Clyatt, Holland, Holloman, Hull, Means, Peterson, Wells, Vogt, Williams, Yates and Yon--15.

        Nays--Mr. Speaker, Messrs. Amos, Canova, Haddock, Howell, Parker, Price, Richardson, Seward and Wall--10.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The following message from his Excellency the Governor was received and read:


Page 292

EXECUTIVE DEPARTMENT,
TALLAHASSEE, December 14, 1861.

Hon. S. B. LOVE,
Speaker of the House of Representatives:

        SIR: I have approved and signed the following bills and resolutions, this day transmitted to me, viz:

        An act in reference to lands bought in by the State for taxes;

        An act for the relief of sheriffs and other ministerial officers of the court;

        An act to amend an act entitled an act giving the State a right of peremptory challenges in criminal cases, approved February 14, 1861;

        An act to authorize the suspension of specie payments;

        An act to amend an act to change the time for holding the Circuit Courts in the Western Judicial Circuit;

        Resolution relative to completing the Railroad connection between the Pensacola and Georgia Railroad and the Savannah, Albany and Gulf Railroad;

        Resolution declaratory of the reserved rights of the State of Florida;

        Joint resolution recommending Honorable William W. McCall for a Captaincy in the regular army.

Very Respectfully,

JOHN MILTON.


        Also the following:

EXECUTIVE DEPARTMENT,
TALLAHASSEE, Dec. 14th, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--I respectfully recommend the following nomination for the advice and consent of the General Assembly, viz:

        John J. Turner, auctioneer for the county of Alachua.

Very respectfully,

JOHN MILTON.


        Which was read and the nomination advised and concurred in by the House.

        On motion, the House adjourned until Monday morning at 10 o'clock.


Page 293

MONDAY, December 16, 1861.

        The House met pursuant to adjournment--a quorum present.

        On motion of Mr. Arendell, the reading of Saturday's journal was dispensed with.

        On motion of Mr. Means, J. F. Jackson, Assistant Clerk of the House, was excused from further attendance on the House after to-day.

        Mr. Blount introduced a resolution concerning the construction of a Battery of Guns on the principle invented by Mr. E. B. Ridley;

        Which was read the first time, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount. Bloxham, Canova, Carter, Clyatt, Coffee, Cole, Haddock, Howell, Hull, Lee, Means, Newburn, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott. Seward, VanZant, Wall, Wells, Vogt and Yon--29.

        Nays--None.

        So the resolution passed--title as stated.

        On motion, a committee consisting of Messrs. Blount, Holloman, and Russell were appointed to convey said resolution to the Senate and request their concurrence.

        Mr. Blount introduced a resolution for the relief of the Hon. Levi Yon;

        Which was placed among the orders of the day.

        Mr. Hull, from the Committee on Engrossed Bills made the following report:

        The Committee on Engrossed Bills, beg leave to report the following resolution as correctly engrossed, viz:

        resolution for the relief of John M. Johns and other citizens of Hernando county.

All of which is respectfully submitted

N. A. HULL, Ch'n.


        Which was read.

        Mr. Russell, front the Committee on Internal Improvements, made the following report:

        The Committee on Internal Improvements to whom was referred a bill to be entitled an act to encourage the manufacture of salt within the limits of this State, have had the same under consideration, and highly approving of the object of the bill, beg leave to report the accompanying substitute therefor, and recommend its passage.

JAS. S. RUSSELL, Ch'n Com.



Page 294

        Which was read and the accompanying substitute and bill placed among the orders of the day.

ORDERS OF THE DAY.

        Resolution for the relief of John M. Johns and other citizens of Hernando county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Bellamy, Canova, Carter, Clyatt, Coffee, Howell, Hull, Lee, Mizell, Newburn, Peterson, Price, Richardson, Seward, VanZant and Yon--16.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Cole, Haddock, Holloman, Means, Pooser, Russell, Wall, Wells and Vogt--13.

        So the resolution passed--titled as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act for the relief of Joseph F. Prevatt,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Mount, Bloxham, Canova, Carter, Clyatt, Coffee, Cole, Haddock, Howell, Holloman, Hull, Lee, Means, Mizell, Newburn, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, VanZant, Wall, Wells, Vogt and Yon--30.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act for the relief of certain citizens of this State,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Bellamy, Mount, Bloxham, Carter, Clyatt, Coffee, Cole, Haddock, Howell, Holloman, Mill, Lee, Newburn, Parker, Peterson, Pooser, Price, Seward, VanZant, Wall and Yon--21.

        Nays--Messrs. Canova, Robinson, Russell and Wells--4.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        The following message was received from his Excellency the Governor:

EXECUTIVE DEPARTMENT,
Tallahassee, Dec. 16, 1861.

Fellow Citizens of the Senate and
House of Representatives:

        The interests of the State demand an amendment to the ordinance


Page 295

No. forty-one of the late Convention, which requires the payments for lands sold to be made in specie--gold or silver. The Treasury Notes of the State should be received in payment of lands. Moreover, the citizens of the State generally will be benefitted by the enactment of a law requiring the Register in person or by deputy, to offer at certain times, to be specified in the act, at the Court House in each county, the lands at public sale in the county where the sale shall be made, and then and there be prepared to make the title upon the payment being made in terms of the sale.

        The cost to the State will be more than counterbalanced by the increased quantity of land which will be sold, and by emigration to the State which the sales will induce, if proper notice of the times of sale shall be sufficiently published, and the citizens of the State will be saved much personal inconvenience, the loss of time, and expenses in coming to and returning front the Register's Office, and the occasional heavy losses of money attempted to be transmitted by mail to the Register at Tallahassee.

        These matters are respectfully submitted to the consideration of the General Assembly. The question arises, have the General Assembly the right to amend or repeal the ordinances of the Convention--ordinances relating to such matters as are generally the subject of legislation by the General Assembly?

        The ordinance No. 14, passed in the Convention January 17, 1861, reads as follows: Be it ordained by the people of the State of Florida in General Convention assembled, That the eleventh section of the sixth article of the Constitution be amended by striking from the last line of said section the words, "and of the United States" and adding the words, "and the ordinances adopted by this Convention." None will pretend that this ordinance is now of force.

        By the seventh section of Art. VI, of the amended Constitution, it is provided, "Members of the General Assembly and all officers, civil or military, before they enter upon the execution of their respective offices, shall take the following oath or affirmation: I do swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been elected (or appointed) and will, to the best of my ability discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the Confederate States of America."

        The Constitution is the only fundamental law. Does this not appear to have been the opinion of the Convention, by the fact that the Convention, in framing the Constitution, incorporated into some parts of it an entire ordinance in one article, and in


Page 296

another article, several parts of an ordinance, to form one, two or three articles?

        The Constitution creates three departments of the Government. Thee second article of the Constitution reads as follows: "The powers of the Government of the State of Florida shall be divided into three distinct departments, and each of them confided to a separate body of magistracy, to wit: Those which are legislative, to one--those which are executive, to another, and those which are judical to another." "No person or collection of persons being one of these departments, shall exercise any power properly belonging to either of the others, except in the instances expressly provided for in this Constitution."

        So long as the Constitution is in existence, no person or collection of persons can interfere with the respective duties or powers of these departments or the Government. Their respective powers can only be changed with the Constitution, nor can any Convention of persons, except in the manner pointed out in the Constitution, interfere with the rights of legislation.

        The General Assembly can pass any law not forbidden by the Constitution of the Confederate States of America, or the Constitution of the State of Florida; and subject to this limitation, can repeal, alter or create.

        In the Constitution is there any provision forbidding the General Assembly From repealing the ordinances legislative in their character? The 14th article reads: "That no part of this Constitution shall be altered except by a Convention duly elected."

        "2. No Convention of the people shall be called unless by the concurrence of two-thirds of all the members of each House of the General Assembly, made known by the passing of a bill which shall be read three times on three several days in each House.

        "3 Whenever a convention shall be called, proclamation of an election for Delegates shall be made by the Governor at least thirty days before the election. Every County and Senatorial District shall be entitled to as many delegates as it has representatives in the General Assembly. The same qualifications shall be required in delegates and in electors that are required in members of Assembly and voters for the same respectively, and the elections for delegates to a Convention and the returns of such elections shall be held and made in the manner prescribed by law for regulating elections for members of Assembly; but the Convention shall judge of the qualifications of its members." If the General assembly has no power to repeal the ordinances, the Constitution would have so declared. It expressly declares that the Constitution am be changed by a Convention, and by no other power.


Page 297

        The first Constitution of the State permitted the General Assembly to amend it in the manner which was therein prescribed. If that article of the Constitution had not been changed, the Legislature could have amended it in the manner therein prescribed, and would it not be absurd to suppose that the General Assembly has not the power to amend or repeal the ordinances which are merely legislative in character?

        If this be true, it follows that the only necessity for a Convention that can arise will be to amend the Constitution. To exercise the ordinary powers of legislation belongs exclusively to the General Assembly, agreeably to the Constitution. If any change in the Constitution be necessary to the interests of the State, within so short a time after it has become the fundamental law of the State, it is a sad reflection upon the wisdom of the late Convention. The ordinances, which were only intended to be temporary in their character and purposes, if defective or injurious in their tendency to the public, may be repealed or amended by the General Assembly. This is evident from the fact that the Convention which passed the ordinances from the 3d day of January to the 27th day of April, on that day incorporated into one instrument such portions of the ordinances as they had passed, and which to them seemed necessary to form the fundamental law of the land. This they adopted as the Constitution, and then on that day adjourned sine die, not to meet again unless convened by the President of the Convention on or before the 25th day of December next, when, by the terms of the Constitution itself, the President had been deprived of the power-- a power which, if it existed, might endanger, in the exercise, the liberty, lives and property of the people of Florida, and no assumption of power over the liberty, life or property, should be submitted to by freemen.

        If, in the opinion of the General Assembly, any amendment of the Constitution shall seem necessary, the manner in which it can be made is prescribed in the Constitution, and secures to the people of the State the sacred right of exercising their judgment in the election of delegates to the Convention.

Very respectfully,

JOHN MILTON.


        Which was read, and on motion, said message was referred to the Committee on the Judiciary, and 80 copies of the same were ordered to be printed for the use of the House.

        A Committee from the Senate, consisting of Messrs. Chain, Abercrombie and Simpkins waited upon the House and conveyed to them a Senate bill to be entitled an act in relation to alien enemies, and requested the immediate action of the House thereon.


Page 298

        A bill to be entitled an act to amend the law in relation to Judicial proceedings,

        Was read the second time, and ordered to be engrossed for a third reading on to-morrow.

        A committee from the Senate, consisting of Messrs. Abercrombie, Ingram and Simpkins waited upon the House and returned to them a House bill entitled an act to provide for 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 Southern Confederacy, the same having been sent to the Senate for proper endorsement by the Secretary and being property endorsed, was ordered to be enrolled.

        Senate resolution relating to coupon bonds authorized to be issued by ordinance of the State of Florida, passed April 21, 1861, and the payment of debts due by said State,

        Was read the second time, rule waived, read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bloxham, Carter, Clyatt, Coffee, Cole, Holloman, Lee, Means, Mizell, Newburn, Park, Pooser, Price, Russell, Scott, Seward, VanZant, Vogt, Williams and Yon--22.

        Nays--Messrs. Canova, Peterson, Wall and Wells--4.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act to protect occupants upon the public lands of this State and their improvements thereon, and for other purposes,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Parker and Wells.--2.

        Nays--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Canova, Carter, Clyatt, Coffee, Cole, Haddock, Howell. Holloman, Hull, Lee, Means, Mizell, Newburn, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, VanZant, Wall, Vogt, Williams and Yon--29.

        So the bill was lost.

        Ordered that the same be certified to the Senate.

        Resolution in relation to the return of the second Regiment of Florida Volunteers from Virginia to this State,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Canova, Clyatt, Haddock, Hull, Lee, Newburn, Pooser, Price, VanZant, Wall and Wells--11.

        Nays--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Carter, Coffee, Cole, Howell, Holloman, Means, Parker, Peterson, Richardson, Russell, Scott, Seward, Vogt, Williams and Yon--19.


Page 299

        So the resolution was lost.

        A committee from the Senate, consisting of Messrs. McCall, McQueen and Davidson waited upon the House and conveyed to it a Senate resolution in relation to mail contractors, and requested the concurrence of the House therein.

        A committee from the Senate consisting of Messrs. McCall, Ingram and Davidson waited upon the House and conveyed to them Senate resolution to go into the election of Confederate Senators, and requested the concurrence of the House therein.

        Which resolution was taken up and adopted.

        On motion, a committee consisting of Messrs. Means, Peterson and Price were appointed to return said resolution to the Senate and inform them of the action of the House thereon.

        A bill to be entitled an act for the relief Aaron W. DeCosta, a Justice or the Peace for Duval county,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Canova, Carter, Cole, Howell, Hull, Lee, Newburn, Parker, Peterson, Price, Richardson, Russell, Seward, VanZant, Wall, Wells, Vogt and Yon--23.

        Nays--Messrs. Coffee and Vann--2.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act further to define the duties of the Comptroller and Treasurer of this State,

        Was read the second time, the rule waived, read the third time by its title and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Canova, Campbell, Carter, Coffee, Cole, Holloman, Lee, Newburn, Parker, Peterson, Pooser, Price, Richardson, Russell, Seward, Vann, Wall, Wells, Vogt, Williams and Yon--26.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        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 modify and change the act entitled an act to provide for the issue of Treasury Notes, approved February 14, 1861;

        An act to provide for the payment of the War Tax to be assessed upon and collected from citizens of this State;

        An act relative to the Public Laws of the State of Florida.

D. W. HOLLOMAN, Ch'n.


        Which was read.


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        Senate bill to be entitled an act to authorize the Secretary of State to appoint an assistant,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Bellamy, Blount, Bloxham, Canova, Campbell, Carter, Clyatt, Coffee, Holloman, Hull, Lee, Means, Mizell, Peterson, Russell, Williams and Yon--17.

        Nays--Mr. Speaker, Messrs. Cole, Haddock, Howell, Newburn, Parker, Pooser, Price, Richardson, Seward, Vann, VanZant, Wall and Wells--14.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Joint resolution for the relief of the Hon. Levi Yon,

        Was read the second time, and ordered for a third reading on tomorrow.

        Senate bill to be entitled an act to repeal the 8th section of an act entitled an act still further defining the duties of the Trustees of the Internal Improvement Fund, approved Feb'y 14th 1861.

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Canova, Carter, Clyatt, Cole, Haddock, Holloman, Lee, Means, Mizell, Newburn, Pooser, Price, Scott, VanZant, and Yon--20.

        Nays--Messrs. Howell, Parker, Peterson, Seward, Vann, Wall, Wells and Williams--8.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A bill to be entitled an act to encourage the manufacture of salt in this State,

        Was read the second time, rule waived, read the third time by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Blount, Canova, Campbell, Carter, Clyatt, Coffee, Cole, Holloman, Hull, Means, Newburn, Parker, Pooser, Price, Richardson, Russell, Vann, Wall, Wells and Yon--22.

        Nays--Messrs. Peterson, Seward and Williams--3.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act in relation to alien enemies,

        Was read the first time, rule waived, read the second time by its title and the House upon its consideration resolved itself into the Committee of the whole--Mr. Russell in the chair.

        After some time spent therein, the committee rose, and through their Chairman reported the bill back to the House and recommended its passage.


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        The report of the Committee of the Whole was then concurred in.

        The bill was then read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Canova, Campbell, Carter, Clyatt, Cole, Howell, Holloman, Hull, Lee, Means, Newburn, Peterson, Pooser, Price, Richardson, Russell, Seward, Vann, Wall, Wells, Vogt and Yon--25.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A committee from the Senate, consisting of Messrs. McCall, McQueen and Duncan waited upon the House and conveyed to them Senate resolution recommending Dr. William F. Robertson for the position of Surgeon in the Confederate Army, and requested the concurrence of the House therein.

        Senate resolution relative to mail contractors,

        Was read the first time, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Bloxham, Canova, Carter, Clyatt, Cole, Howell, Holloman, Hull, Lee, Means, Newburn, Parker, Peterson, Pooser, Price, Richardsun, Russell, Scott, Seward, Vann, Wall, Wells, Vogt and Yon--28.

        Nays--None.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        Mr. Williams moved to reconsider the vote taken on the question of receding from the House amendment to Senate bill entitled an act amendatory to the various acts to organize the militia of the State of Florida;

        Which was lost.

        The following message was received from the Senate:

SENATE CHAMBER,
December 16, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day passed the following resolution, viz:

        Senate resolution entitled a joint resolution recommending J. M. Commander for a Colonelcy.

Respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


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


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        Also the following:

SENATE CHAMBER,
December 14, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day passed the following resolution, viz:

        Joint resolution in relation to State Convention.

Very respectfully,

JOHN B. WHITEHTRST,
Secretary of the Senate.


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

        Senate resolution recommending Dr. William F. Robertson for the position of Surgeon in the Confederate army,

        Was read the first time, rule waived, read a second and third times by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Blount, Bloxham, Clyatt, Cole, Howell, Holloman, Hull, Lee, Means, Newburn, Parker, Pooser, Price, Richardson, Russell, Scott, Seward, Wells, Vogt, Williams and Yon--22.

        Nays--Messrs. Haddock, Vann and Wall--3.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        The rules being waived, Mr. Williams introduced the following joint resolution:

        Be it resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That all recommendations heretofore passed by the Legislature for positions in the Confederate States service be, and the same are hereby repealed.

        Upon the adoption of which, the yeas and nays being called, the vote was:

        Yeas--Mr. Speaker, Messrs. Blount, Canova, Carter, Peterson, Pooser, Richardson, Scott, Vann, Wall, Vogt, Williams and Yon--13.

        Nays--Messrs. Arendell, Bloxham, Clyatt, Cole, Haddock, Holloman, Means, Newburn, Parker, Price, Russell, Seward and Wells--13.

        So the resolution was lost.

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


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THREE O'CLOCK, P. M.

        The House resumed its session--a quorum present.

        The following message was received from the Senate:

SENATE CHAMBER,
Dec. 16, 1861.

Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:

        SIR--The Senate has this day concurred in House amendment to Senate resolution relative to adjournment.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read.

        Mr. Holloman, from the joint select committee on appropriations, made the following report:

The joint Select Committee of the two Houses of the present General Assembly, to whom was assigned the duty of preparing a bill for making the necessary appropriations, and as originating in the House of Representatives, having had the subject matter under consideration, instructed us to

REPORT

        the accompanying bill to be entitled an act making appropriations for the expenses of the eleventh General Assembly, and for other purposes, which bill is to be introduced in the House of Representatives, and recommend that the same do pass.

D. W. HOLLOMAN,
Chairman House Com.

JOHN CHAIN,
Chairman Senate Com.


        Which was received and read and the accompanying bill, on motion, taken up and read the first time, the rule waived, read the second time by its title and ordered for a third reading on tomorrow.

        Mr. Williams from the same committee made the following minority report:

        The undersigned, a minority of the Committee appointed to prepare a General Appropriation Bill, submit to the House that they cannot agree with the majority of the Committee as to the principles upon which said appropriation bill has been prepared in reference to the pay and milage of the members of the General Assembly. The Constitution expressly provides that "each member of the General Assembly shall receive from the public


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treasury such compensation for his services as may be fixed by law, but no increase of compensation shall take effect during the term for which the Representatives were elected when such law was passed." This provision of the Constitution is plain and emphatic; we see no room for doubtful construction. We cannot consent, therefore, to allowing or appropriating five dollars per day as pay to members of this House at this session. They are the very Representives who passed this law increasing the per diem of Representaives, and the "term for which they were elected" has not yet expired. Further argument is entirely unnecessary. We are in favor of appropriating three dollars per day, and ten cents per mile for travelling expenses to each member. We do not regard the practice which has sometimes obtained, of allowing to members an additional three dollars for every twenty miles of travel, as by any means binding upon this House, even if it is lawful.

        We are disposed to diminish the expenses of the Government, and we know of no reason either constitutional or otherwise, why the General Assembly may not refuse to allow this additional amount for milage, which, to say the least, is of a very questionable character.

Respectfully submitted,

JOS. JOHN WILLIAMS, Ch'n.

JOHN PARKER.


        Which was received and read.

        A Committee from the Senate, consisting of Messrs. Finlayson, Rogers and McCall 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. Russell, a Committee of three, consisting of Messrs. Russell, Scott and Price, 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, to elect two Confederate Senators.

        Nominations being announced in order,

        Mr. Chain nominated Jackson Morton of Santa Rosa county.

        Mr. Pooser nominated Mr. Dawkins of Jackson county.

        Mr. Baldwin nominated James M. Baker of Columbia county.

        Mr. Holloman nominated A. E. Maxwell of Escambia county.

        Mr. Rogers nominated George T. Ward of Leon county.

        Mr. Simpkins nominated Geo. W. Call of Nassau county.

        Mr. Howell nominated J. T. Magbee of Hillsborough county.

        The Joint Meeting then proceeded to the election.


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        The vote was:

        FOR MORTON--Senate 4. House--Mr. Speaker, Messrs. Blount, Howell and Seward--4. Total 8.

        FOR BAKER--Senate 4. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Cole, Hull, Lee, Newburn, Pooser, Price, Richardson, Russell, Vann, VanZant, Wall Wells and Williams--18. Total 22.

        FOR DAWKINS--Senate 4. House--Messrs. Parker and Pooser--2. Total 6.

        FOR MAXWELL--Senate 2. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Cole, Holloman, Hull, Lee, Newburn, Price, Russell, Scott, Vann, VanZant, Wall, Wells, and Williams--18. Total 20.

        FOR WARD--Senate 2. House--Messrs. Holloman, Peterson, Scott and Vogt--4. Total 6.

        FOR CALL--Senate 7. House--Mr. Speaker, Messrs. Clyatt, Haddock, Richardson, Vogt, Yates and Yon--7. Total 14.

        FOR MAGBEE--Senate 2. House--Messrs. Blount, Clyatt, Howell, Parker, Peterson, Seward, Yates and Yon--8. Total 10.

        BLANK--Senate 6. House--Messrs. Canova, Coffee and Means --3. Total 9.

        Neither of the candidates having received the requisite majority, the President declared there was no election.

        The President announced nominations still in order.

        Mr. Vogt nominated J. E. Broome of Nassau county.

        The name of G. T. Ward was withdrawn.

        The Joint Meeting then proceeded to a second ballot.

        The vote was:

        FOR MORTON--Senate 6. House--Mr. Speaker, Messrs. Blount and Vogt--3. Total 9.

        FOR BAKER--Senate 4. House--Messrs. Arendell, Bellamy, Campbell, Carter, Cole, Holloman, Hull, Lee, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells and Williams--19. Total 23.

        FOR DAWKINS--Senate 2. House--Messrs. Means and Pooser--2. Total 4.

        FOR MAXWELL--Senate 3. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Holloman, Hull, Lee, Newburn, Peterson, Price, Russell, Scott, Vann, VanZant, Wall, Wells and Williams.--18. Total 21.

        FOR CALL--Senate 7. House--Mr. Speaker, Messrs. Richardson, Yon and Yates--4. Total 11.

        FOR MAGBEE--Senate 3. House--Messrs. Blount, Howell, Peterson, Seward, Yates and Yon--6. Total 9.


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        FOR BROOME--Senate 3. House--Messrs. Bloxham, Cole, Howell, Means and Vogt--5. Total 8.

        BLANK--Senate 4. House--Messrs. Canova, Clyatt, Coffee, Haddock, Mizell and Parker--6. Total 10.

        Neither of the candidates having received the requisite number of votes, the President declared there was no election.

        The President announced nominations still in order.

        Mr. Dawkins nominated G. S. Hawkins of Franklin county.

        The name of Mr. Dawkins was withdrawn.

        The Joint Meeting then proceeded to a third ballot.

        The vote was:

        FOR MORTON--Senate 6. House--Messrs. Blount, Seward and Vogt--3. Total 9.

        FOR BAKER--Senate 3. House--Messrs. Arendell, Bellamy, Campbell, Carter, Cole, Holloman, Hull, Lee, Mizell; Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells and Williams--20. Total 23.

        FOR MAXWELL--Senate 2. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Holloman, Hull, Lee, Newburn, Peterson, Pooser, Price, Russell, Scott, Vann, VanZant, Wall, Wells and Williams--19. Total 21.

        FOR CALL--Senate 7. House--Mr. Speaker, Messrs. Clyatt, Haddock, Richardson, Yates and Yon--6. Total 13.

        FOR MAGBEE--Senate 5. House--Messrs. Blount, Clyatt, Howell, Peterson, Seward, Yates and Yon--7. Total 12.

        FOR BROOME--Senate 2. House--Messrs. Bloxham, Cole, Haddock, Howell, Means, Mizell and Vogt--7. Total 9.

        FOR HAWKINS--Senate 3. House--Mr. Speaker, and Mr. Means--2. Total 5.

        FOR BLANK--Senate 5. House--Messrs. Canova, Coffee and Parker--3. Total 9.

        The President declared that there was no election, neither of the candidates having received the requisite number of votes.

        Nominations being announced still in order,

        The name of G. S. Hawkins was withdrawn.

        The name of J. E. Broome was withdrawn.

        Mr. McCall nominated Hon. S. R. Mallory of Escambia county.

        The Joint Meeting then proceeded to a fourth ballot.

        The vote was:

        FOR MORTON--Senate 6. House--Mr. Blount--1. Total 7.

        FOR BAKER--Senate 6. House--Mr. Speaker, Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Cole, Haddock, Holloman, Hull, Lee, Means, Mizell, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells and Williams--25. Total 31.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy,


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Bloxham, Campbell, Carter, Clyatt, Cole, Holloman, Hull, Lee, Newburn, Pooser, Price, Russell, Scott, Vann, VanZant, Wall and Wells--19. Total 25.

        FOR CALL--Senate 9. House--Messrs. Haddock, Howell, Means, Richardson, Vogt and Yates--6. Total 15.

        FOR MAGBEE--Senate 4. House--Messrs. Blount, Clyatt, Howell, Peterson, Seward, Yates and Yon--7. 11.

        FOR MALLORY--Senate 2. House--Mr. Speaker, Messrs. Peterson, Vogt, Williams and Yon--5. Total 7.

        BLANK--Senate 3. House--Messrs, Canova and Parker--2. Total 5.

        Neither of the candidates having received the required number of votes, the President declared there was no election.

        The Joint Meeting then proceeded to a fifth ballot.

        The vote was:

        FOR MORTON--Senate 5. House--Mr. Blount--1. Total 6.

        BAKER--Senate 6. House--Mr. Speaker, Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Cole, Holloman, Hull, Lee, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells, Vogt and Williams--22. Total 28.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Cole, Haddock, Holloman, Hull, Lee, Newburn, Pooser, Price, Russell, Scott, Vann, VanZant, Wall, Wells and Williams--20. Total 26.

        FOR CALL--Senate 10. House--Mr. Speaker, Messrs. Clyatt, Haddock, Howell, Richardson, Vogt, Yates and Yon--8. Total 18

        FOR MAGBEE--Senate 3. House--Messrs. Blount, Clyatt, Howell, Seward, Yates and Yon--6. Total 9.

        FOR MALLORY--Senate 3. House--Mr. Seward--1. Total 4.

        BLANK--Senate 3. House--Messrs. Canova, Coffee, Means, Parker and Peterson--5. Tatal 8.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        The President declared nominations still in order.

        Mr. McCall withdrew the name of S. R. Mallory and placed the name of M. D. Papy of Leon in nomination.

        The Joint Meeting then proceeded to a sixth ballot.

        The vote was:

        FOR MORTON--Senate 4. House--Mr. Blount--1. Total 5.

        FOR BAKER--Senate 5. House--Mr. Speaker. Messrs. Arendell, Bellamy, Campbell, Carter, Coffee, Cole, Haddock, Holloman, Hull, Lee, Means, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells, Williams and Yon --24. Total 29.

        FOR MAXWELL--Senate 5. House--Messrs. Arendell, Bellamy,


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Bloxham, Campbell, Carter, Coffee, Haddock, Holloman, Hull, Lee, Newburn, Peterson, Pooser, Price, Russell, Scott, Seward, Vann, VanZant, Wall, Wells and Yon--22. Total 27.

        FOR CALL--Senate 10. House--Messrs. Clyatt, Means, Richardson, Vogt and Yates--5. Total 15.

        FOR MAGBEE--Senate 2. House--Messrs. Blount, Clyatt,. Howell, Peterson, Seward and Yates--6. Total 8.

        FOR PAPY--Senate 6. House--Mr. Speaker, Messrs. Bloxham, Canova, Cole, Vogt and Williams--7. Total 13.

        BLANK--Senate 3. House--Mr. Parker--1. Total 4.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        Nomination being announced still in order,

        Mr. Duncans nominated J. Patton Anderson of Jefferson county.

        The Joint Meeting then proceeded to a seventh ballot.

        The vote was:

        FOR MORTON--Senate 3. House--Messrs. Blount and Seward--2. Total 5.

        FOR BAKER--Senate 5. House--Mr. Speaker, Messrs. Arendell, Bellamy, Campbell, Carter, Coffee, Cole, Haddock, Holloman, Hull, Lee, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells, Vogt, Williams and Yon--24. Total 29.

        FOR MAXWELL--Senate 5. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Coffee, Haddock,- Holloman, Hull, Lee, Newburn, Pooser, Price, Russell, Scott, Vann, VanZant, Wall, Wells and Yon--20. Total 25.

        FOR CALL--Senate 6. House--Mr. Speaker, Messrs. Howell, Peterson, Richardson, Vogt and Yates--6. Total 12.

        FOR MAGBEE--Senate 4. House--Messrs. Blount, Howell, Peterson, Seward and Yates--5. Total 9.

        FOR PAPY--Senate 5. House--Messrs. Bloxham, Canova, Cole and Williams--4. Total 9.

        FOR ANDERSON--Senate 6. Total 6.

        BLANK--Senate 3. House--Messrs. Clyatt, Means and Parker--3. Total 6.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        Mr. Duncan withdrew the name of J. Patton Anderson.

        The Joint Meeting then proceeded to an eighth ballot.

        The vote was:

        FOR MORTON--Senate 7. House--Mr. Blount--1. Total 7.

        FOR BAKER--Senate 4. House--Mr. Speaker, Messrs. Arendell, Bellamy, Campbell, Carter, Coffee, Cole, Haddock, Holloman, Hull, Lee, Newburn, Parker, Pooser, Price, Richardson,


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Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Williams, and Yon--26. Total 30.

        FOR MAXWELL--Senate 5. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Coffee, Haddock, Holloman, Hull, Lee, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall and Wells--20. Total 25.

        FOR CALL--Senate 10. House--Mr. Speaker, Messrs. Clyatt, Peterson, Vogt and Yates--5. Total 15.

        FOR MAGBEE--Senate 4. House--Messrs. Blount, Clyatt, Parker, Peterson, Seward and Yon--6. Total 10.

        FOR PAPY--Senate 4. House--Messrs. Bloxham, Canova, Cole, Williams and Yates--5. Total 9.

        BLANK--Senate 4. House--Mr. Means--1. Total 5.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        The Joint Meeting then proceeded to a ninth ballot.

        The vote was:

        FOR MORTON--Senate 4. House--Mr. Blount--1. Total 5.

        FOR BAKER--Senate 6. House--Mr. Speaker, Messrs. Arendell, Bellamy, Campbell, Carter, Coffee, Colo, Haddock, Holloman, Hull, Lee, Newburn, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Williams, and Yon--26. Total 32.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Coffee, Haddock, Holloman, Hull, Lee, Newburn, Parker, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall and Wells--21. Total 27.

        FOR CALL--Senate 9. House--Mr. Speaker, Messrs. Clyatt, Vogt and Yates--5. Total 14.

        FOR MAGBEE--Senate 3. House--Messrs. Blount, Clyatt, Howell, Peterson, Seward, Yates and Yon--7. Total 10.

        FOR PAPY--Senate 2. House--Messrs. Bloxham, Canova, Cole and Williams--4. Total 6.

        BLANK--Senate 4. House--Mr. Means--1. Total 5.

        Neither of the candidates having received the requisite number of votes, the President declared there was no election.

        The President announced nominations still in order.

        Mr. McCall withdrew the name of M. D. Papy, and put W. G. M. Davis of Leon county in nomination.

        The Joint Meeting then proceeded to a tenth ballot.

        The vote was:

        FOR MORTON--Senate 2. House--Mr. Blount--1. Total 3.

        FOR BAKER--Senate 6. House--Mr. Speaker, Messrs. Arendell, Bellamy, Campbell, Carter, Clyatt, Coffee, Cole, Holloman, Hull, Lee, Mizell, Newburn, Parker, Peterson, Pooser, Price,


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Richardson, Russell, Seward, Vann, VanZant, Wall, Wells, Williams and Yon--26. Total 32.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy, Bloxham, Campbell, Carter, Coffee, Haddock, Holloman, Lee, Newburn, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells and Yon--20. Total 26.

        FOR CALL--Senate 7. House--Mr. Speaker, Messrs. Clyatt, Haddock, Howell, Vogt and Yates--6. Total 13.

        FOR MAGBEE--Senate 3. House--Messrs. Howell, Parker, Peterson, Seward and Yates--5. Total 8.

        FOR DAVIS--Senat 6. House--Messrs. Blount, Bloxham, Cole, Hull, Mizell, Scott, Vogt and Williams--8. Total 14.

        BLANK--Senate 5. House--Mr. Canova--1. Total 6.

        Neither of the candidates having received the requisite majority, the President declared there was no election.

        Mr. Howell withdrew the name of J. T. Magbee.

        The Joint Meeting then proceeded to an eleventh ballot.

        The vote was:

        FOR MORTON--Senate 2. House--Mr. Blount--1. Total 3.

        FOR BAKER--Senate 9. House--Mr. Speaker, Messrs. Arendell Bellamy, Carter, Clyatt, Coffee, Cole, Haddock, Howell, Holloman, Hull, Lee, Mizell, Newburn, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, Vann, VanZant, Wall, Wells, Vogt, Williams, Yates and Yon--30. Total 39.

        FOR MAXWELL--Senate 9. House--Messrs. Arendell, Bellamy, Bloxham, Carter, Coffee, Holloman, Hull, Lee, Newburn, Peterson, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells and Yon--20. Total 29.

        FOR CALL--Senate 11. House--Messrs. Clyatt, Haddock, Howell, Mizell, Parker, Seward, Vogt and Yates--8. Total 19.

        FOR DAVIS--Senate 3. House--Mr. Speaker, Messrs. Blount, Bloxham, Canova, Cole, Williams and Yates--6. Total 9.

        BLANK--Senate 3. House--Mr. Means--1. Total 4.

        The President declared that James M. Baker having received the constitutional majority, was duly elected one of the Confederate States Senators.

        The President announced nominations still in order.

        Mr. Love nominated Charles H. DuPont of Gadsden county.

        Mr. Davidson nominated A. S. Baldwin of Duval county.

        Mr. Howell nominated T. J. Eppes of Franklin county.

        The Joint Meeting then proceeded to a twelfth ballot.

        The vote was:

        FOR MORTON--Senate 2. Total 2.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Carter, Coffee, Cole, Holloman, Hull, Lee, Newburn, Pooser, Price,


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Richardson, Russell, Scott, VanZant, Wall, Wells, Williams and Yon --18. Total 24.

        FOR CALL--Senate 3. House--Messrs. Clyatt, Haddock, Peterson and Vogt--4. Total 7.

        FOR DAVIS--Senate 2. House--Messrs. Bloxham and Means --2. Total 4.

        FOR DUPONT--Senate 1. House--Mr. Speaker--1. Total 2.

        FOR EPPES--Senate 3. House--Messrs. Bellamy, Blount, Canova, Howell, Parker, Seward, Vann and Yates--8. Total 11.

        FOR BALDWIN--Senate 1. Total 1.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        Mr. Davidson withdrew the name of Mr. Baldwin.

        Mr. Means withdrew the name of Mr. Davis.

        Mr. Love withdrew the name of Mr. DuPont.

        The Joint Meeting then proceeded to a thirteenth ballot.

        The vote was:

        FOR MORTON--Senate 4. Total 4.

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy, Bloxham, Carter, Coffee, Cole, Haddock, Holloman, Hull, Lee, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells, Vogt, Williams and Yon--2. Total 28.

        FOR CALL--Senate 6. House--Mr. Clyatt--1. Total 7.

        FOR EPPES--Senate 3. House--Messrs. Mo. Speaker, Blount, Canova, Howell, Means, Parker, Peterson, Seward and Yates--9. Total 12.

        BLANK--Senate 1. Total 1.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        Nominations being announced still in order,

        The name of Mr. Morton was withdrawn.

        Mr. Rogers nominated T. B. Lamar of Jefferson county.

        The Joint Meeting then proceeded to a fourteenth ballot.

        The vote was:

        FOR MAXWELL--Senate 6. House--Messrs. Arendell, Bellamy, Bloxham, Carter, Coffee, Cole, Haddock, Holloman, Hull, Lee, Mizell, Parker, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells, Williams and Yon--23. Total 29.

        FOR EPPES--Senate 8. House--Mr. Speaker, Messrs. Blount, Canova, Clyatt, Howell, Means, Peterson, Seward, Vogt and Yates--10. Total 18.

        FOR LAMAR--Senate 3. Total 3.

        FOR CALL--Senate 2. Total 2.

        Neither of the candidates having received the requisite majority, the President declared there was no election.

        The President announced nominations still in order.


Page 312

        Mr. Rogers withdrew the name of Mr. Lamar and put in nomination the name of G. T. Ward of Leon county.

        The Joint Meeting then proceeded to a fifteenth ballot.

        The vote was:

        FOR MAXWELL--Senate 8. House--Messrs. Arendell, Bellamy, Bloxham, Carter, Coffee, Cole, Holloman, Lee, Parker, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells, Vogt, Williams and Yon--21. Total 29.

        FOR EPPES--Senate 4. House--Messrs. Blount, Canova, Clyatt, Howell, Means, Peterson, Seward and Yates--8. Total 12.

        FOR WARD--Senate 7. House--Mr. Speaker and Mr. Mizell--2. Total 9.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        Nominations being declared in order,

        Mr. Davidson withdrew the name of Geo. T. Ward.

        Mr. Simkins nominated Mr. W. G. M. Davis of Leon county.

        The Joint Meeting then proceeded to a sixteenth ballot.

        The vote was:

        FOR MAXWELL--Senate 10. House--Messrs. Arendell, Bellamy, Bloxham, Carter, Coffee, Cole, Haddock, Holloman, Hull, Lee, Newburn, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Vann, VanZant, Wall, Wells, Vogt, Williams and Yon--25. Total 35.

        FOR EPPES--Senate 6. House--Mr. Speaker, Messrs. Blount, Canova, Clyatt, Howell, Means, Mizell, Seward and Yates--9. Total 15.

        FOR DAVIS--Senate 3. Total 3.

        The President declared there was no election, neither of the candidates having received the requisite number of votes.

        The vote was:

        The Joint Meeting then proceeded to a seventeenth ballot.

        FOR MAXWELL--Senate 11. House--Messrs. Arendell, Bellamy, Bloxham, Carter, Clyatt, Coffee, Cole, Haddock, Holloman, Hull, Lee, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Vann, VanZant, Wall, Wells, Vogt, Williams and Yon--27. Total 38.

        FOR EPPES--Senate 7. House--Mr. Speaker, Messrs. Blount, Canova, Howell, Means, Mizell, Seward and Yates--8. Total 15.

        The President declared that A. E. Maxwell having received the requisite constitutional majority, was duly elected Confederate States Senator.

        On motion the Joint Meeting then adjourned.

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


Page 313

TUESDAY, December 17, 1861.

        The House met pursuant to adjournment--a quorum present.

        The Rev. Mr. Blake officiated as Chaplain.

        On motion of Mr. Lee, the reading of the journal of yesterday's proceedings was dispensed with.

        By unanimous consent of the House, Mr. Blount introduced a bill to be entitled an act to provide clothing for the State troops, and moved the appointment of a committee to wait upon the Senate and request also the unanimous consent of that body for permission to introduce said bill, and the waiving of the joint rules of both Houses for that purpose.

        Messrs. Blount, Vann and Bellamy were appointed said committee, who reported that such rule had been suspended.

        A committee from the Senate consisting of Messrs. Dawkins, Abercrombie and McCall, waited upon the House and conveyed to them a Senate bill to be entitled an act in relation to Treasury Notes, and requested its passage by the House.

        A committee from the Senate consisting of Messrs. Brokaw, Abercrombie and Chain, conveyed to the House House bill entitled an act for the relief of John H. Rhodes, constable for the 2d district of Leon county, as passed by the Senate;

        Which was read and ordered to be enrolled.

        Mr. Blount moved to suspend the 7th joint rule of both Houses of the General Assembly on the part of the House;

        Which was agreed to.

        On motion, a committee consisting of Messrs. Blount, Vann and Bellamy, were appointed to inform the Senate of the suspension of said rule on the part of the House.

        The following message was received from the Senate, viz:

SENATE CHAMBER,
December 16, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--The Senate has this day passed the following bills and resolutions, viz:

        Senate bill to be entitled all act relative to certain public lands which have accrued to this State by Secession;

        Senate bill to be entitled an act to punish frauds, and to provide for funding certain claims against the State of Florida, with amendments.

        The following House bill was reconsidered and lost upon its passage, viz:

        A bill to be entitled an act to extend the jurisdiction of Justices of the Peace.


Page 314

        Resolution for the relief of Richard E. Frier, passed;

        Also joint resolution organizing the Amelia Guerilla Company, was passed with amendments.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Which was read and Senate bills and resolutions placed among the orders of the day, and Senate amendments to the House resolution to organize the Amelia Guerrilla Company adopted, and said resolution ordered to be enrolled.

        Mr. Hull moved that the rule be waived and he be allowed to introduce a "joint resolution relative to furnishing the soldiers of the State of Florida" as a substitute for a similar resolution passed by the House, but which was lost or mislaid in the Senate;

        Which was agreed to, and said substitute received and adopted, and on motion a committee consisting of Messrs. Hull, Richardson and Arendell were appointed to convey the same to the Senate.

        The following communication was received from the Comptroller:

COMPTROLLER'S OFFICE,
TALLAHASSEE, December 17, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR: In obedience to the resolution of the House, I herewith enclose the statement of the Banks that I find on file in my office:

Respectfully,

WALTER GWYNN, Comp'r.


ANNUAL STATEMENT

Of the State Bank of Florida, made in conformity to Act of
Legislature, viz: "Act to authorize the business of Banking,"
Section 26 and 27 of said Act.

  • First--Amount of Capital Stock, . . . . .--$300,000 00
  • Second--Value of Real Estate owned by Bank, . . . . . None
  • Third--Shares of Stock hold as collateral, . . . . . None
    • Fourth--Amount of debts due to the Bank, viz:

      • From Banks--Bank of America, . . . . .$2,087 75
      • Bank of Commerce, . . . . . 2,431 75
      • Bank of Charleston, . . . . . 163 14
      • Bank of Middle Georgia, . . . . . 6,072 13----14,754 77
    • From Notes and Bills of Exchange, . . . . . 457,849 94
    • Fifth--Amount of debts owing by the Bank, viz:

      • On demand--Importers and Traders Bank, . . . . . 29,712 18
      • Deposits and others, . . . . . 71,560 96----101,273 14
    • Capital Stock and profits on hand, . . . . . 338,175 74
  • Sixth--Am't of claims against the Bank not acknowledged . . . . . None
    Page 315

  • Seventh--Am't for which the Bank is bound as surety, . . . . . None
    • Eighth--Amount of Notes in circulation, . . . . . 35,265 00----35,265 00
    • " Loans and Discounts, . . . . . 457,849 94
    • " Specie on hand, . . . . . 29,050 90
    • Ninth --Amount of Notes in circulation, July 1860 . . . . . 86,350 00
    • " Specie on hand. July, 1860, . . . . . 32,481 44
    • " Loans and Discounts, July, 1860, . . . . . 425,392 93
    • Tenth--Amount of losses, . . . . . Noen
    • " Dividends declared since Jan. 1860, . . . . . 20,000 00
    • Eleventh--Amount of Public Stocks deposited with Comptroller, viz:

    • Jefferson County Bonds, . . . . . 60,950 00
    • Madison " " . . . . . 14,300 00
    • Leon " " . . . . . 12,600 00
    • Pensacola and Georgia Railroad Bonds, . . . . . 58,200 00
    • Tallahassee Railroad Bonds, . . . . . 76,700 00
  • [Total] . . . . . $222,750 00

        Interest on all of above Bonds paid as due, viz: to November 1st, 1860 and January, 1861.

        The estimated value of the above Bonds is $185,000.

WM. BAILEY, President.

W. R. PETTES, Cashier.

Sworn to and subscribed before me this 19th day of January, 1861.

ANDREW J. HUDSON, Notary Public.

TALLAHASSEE, January 1st, 1861, E. and O. E.

STATEMENT

By the Bank of St. Johns, Jacksonville, Fla., made in accordance
with Chapter 480, Sections 26 and 27 of the Laws of Florida.

  • First--Amount Capital Stock certified, . . . . . $125,000 00
  • Second--Value of Real Estate, . . . . . None
  • Third--Shares of Stock held, . . . . . None
    • Fourth--Amount of Debts owing Association, viz:

    • Loans and Accounts, . . . . . 84,671 61
    • Other Banks, . . . . . 12,468 40----$97,140 01
    • Fifth--Amounts of Debts owing by the Association, viz:

    • Depositors, . . . . . 46,258 29
    • Other Banks, . . . . . 6 50----46,264 79
  • Sixth--Debts not acknowledged . . . . . None
  • Seventh--Amount bound for as security, . . . . . None
    • Eighth--Amount of Notes and Circulation and of Loans and Discounts, and of Specie on hand, viz:

    • Circulation, . . . . . 51,150 00
    • Loans and Discounts, . . . . . 84,671 61
    • Specie, . . . . . 15,021 24
    • Ninth--Amount in circulation, July 1, 1860, . . . . . 58,230 00
    • Specie, . . . . . 4,951 73
    • Bills of other Banks, . . . . . 3,401 00
    • Due from other Banks, . . . . . 16,566 67
    • Loans and Discounts, . . . . . 88,321 77
  • Tenth--Amount of Losses, . . . . . None
    • Eleventh--Description of Public securities deposited with Comptroller as security for Notes Issued, par value; viz:

    • Columbia County Bonds 8 per cent, . . . . . 73,550 00
    • City of Jacksonville Bonds 8 per cent, . . . . . 21,450 00
    • F. A. & G. C. R. R. first mortgage Bonds 7 per cent . . . . . 30,000 00---- 125,000 00

Page 316

        Coupons paid to Stockholders direct.

A. M. REED, President.

J. H. H. BOURS, Cashier.

Sworn to and subscribed before me this first day of January, A. D. 1861.

J. P. BOUSE, Notary Public.

JACKSONVILLE, January 1st, 1861.

        Mr. Holloman, from the Committee on Enrolled bills, made the following report:

        The Committee on Enrolled Bills ask leave to report the following bill as corrected enrolled:

        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.

D. W. HOLLOMAN, Chairman.


        Which was read.

        Mr. Russell from a Select Committee made the following report:

        The Joint Select Committee to whom was referred so much of the Governor's message as relates to the Comptroller's and Treasurer's accounts, in the investigation of the same, have examined the accounts of Ex-Governor M. S. Perry, in his reeeipts and disbursements of the sums realized from the bonds of one hundred and eighty-seven thousand, four hundred and ninety-two 45-100 dollars, placed in his hands under a resolution passed at the last session of the General Assembly for the purchase of arms and the payment of the debts of the State, and ask leave to report that said examination has satisfactorily shown that said disbursements have been properly made, and that upon a balance of said accounts, a considerable sum is found to be due to the said M. S. Perry, Ex-Governor, and should be placed to his credit upon the final auditing of his accounts.

JAS. S. RUSSELL,
Chairman House Com.

A. S. BALDWIN,
Chairman Senate Com.


        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 bill as correctly engrossed, viz:

        A bill to be entitled an act making appropriations for the expenses of the General Assembly and for other purposes.

All of which is respectfully submitted,

N. A. HULL, Chairman.



Page 317

        Which was received and read and the accompanying bill placed among the orders of the day.

        A Committee from the Senate, consisting of Messrs. Magbee, Walker and McQueen conveyed to the House a Senate bill to be entitled an act concerning pilotage for the Port of Cedar Keys.

ORDERS OF THE DAY.

        Senate resolution recommending J. M. Commander for a Colonelcy,

        Was read the second time, and ordered for a third reading on to-morrow.

        A bill to be entitled an act making appropriations for the expenses of the State Government for the fiscal year of 1862,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Canova, Campbell, Carter, Clyatt, Coffee, Haddock, Howell, Holloman, Lee, Means, Mizell, Newburn, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, Vann, Wall, Wells, Vogt and Yon--29.

        Nays--Messrs. Cole, Parker, Williams and Yates--4.

        So the bill passed--title as stated.

        A Committee consisting of Messrs. Russell, Arendell and Carter were appointed to convey said bill to the Senate.

        Senate Joint resolution in relation to State Convention,

        Was read the first time, and on motion, was indefinitely postponed.

        Senate bill to be entitled an act to punish frauds, and to provide for funding certain claims against the State of Florida,

        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:

        Yeas--Messrs. Arendell, Bellamy, Blount, Canova, Campbell, Carter, Clyatt, Coffee, Cole, Haddock, Holloman, Hull, Means, Newburn, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Seward, Vann, Wall, Wells, Vogt, Williams, Yates and Yon--29.

        Nays--None.

        So the bill passed--title as stated.

        A Committee consisting of Messrs. Holloman, Coffee and Arendell, were appointed to convey the same to the Senate.

        Resolution for the relief of the Honorable Levi Yon,

        Was read the second time, rule waived, read the third time by its title and put upon his passage, upon which the vote was:


Page 318

        Yeas--Messrs. Bellamy, Blount, Carter, Clyatt, Howell, Holloman, Lee, Means, Newburn, Peterson, Pooser, Price, Richardson and Seward--14.

        Nays--Messrs. Arendell, Coffee, Hull, Robinson, Russell, Scott, Vann, Wall, Wells, Vogt, Williams and Yates--12.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        Senate bill to be entitled an act in relation to Treasury Notes,

        Was read the first time, rule waived, read the second time by its title, and on motion, was laid on the table.

        A bill to be entitled an act providing for the clothing of the State troops,

        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:

        Yeas--Messrs. Arendell, Bellamy, Blount, Canova, Clyatt, Coffee, Cole, Howell, Hull, Lee, Means, Mizell, Newburn, Parker, Pooser, Price, Richardson, Russell, Scott, Seward, Vann, Wells, Vogt, Williams, Yates and Yon--26.

        Nays--Mr. Speaker and Mr. Robinson--2.

        So the bill passed--title as stated.

        Messrs. Means, Scott and Russell were appointed to convey said bill to the Senate.

        A Committee from the Senate, consisting of Messrs. Chain, Simpkins and Abercrombie conveyed to the House, House bill making appropriations for the expense of the State Government for the fiscal year of 1862, as having passed the Senate without amendment;

        Which was ordered to be enrolled.

        A Committee from the Senate, consisting of Messrs. Finlayson, Dawkins and Jones conveyed to the House, House bill to be entitled an act explanatory of an act to provide for the necessary supplies of the army, and to prevent monopolies and for other purposes, as amended by the Senate;

        Which was received and the House concurring in said amendments, said bill was ordered to be enrolled.

        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 E. E. Blackburn, late Marshal of the late United States and his assistants; also,

        A bill to be entitled an act to amend the law in Judicial proceedings.

        

Respectfully submitted,

W. H. SCOTT, Ch'n.



Page 319

        Which was read, and the accompanying bills placed among the orders of the day.

        A Committe from the Senate, consisting of Messrs. McCall, Rogers and Walker conveyed to the House, Senate joint resolution authorizing the Governor of the State of Florida to pay for and issue certain clothing;

        Which was placed among the orders of the day.

        A bill to be entitled an act for the relief of E. E. Blackburn, late Marshal of the late United States and his assistants,

        Was read the third time and put uponits passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Coffee, Hull, Lee, Russell and Wall--7.

        Nays--Mr. Speaker, Messrs. Blount, Canova, Campbell, Carter, Clyatt, Cole, Howell, Holloman, Means, Mizell, Parker, Pooser, Price, Richardson, Robinson, Scott, Seward, Vann, Wells, Vogt, Yates and Yon--23.

        So the bill was lost.

        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 resolution as correctly enrolled, viz:

        An act for the relief of John H. Rodes, Constable for the 2nd District of Leon county; also,

        Joint resolution organizing the Amelia Guerrilla Company.

D. W. HOLLOMAN, Chairman.


        Which was read.

        Senate bill to be entitled an act relative to certain Public Lands which have accrued to this State by secession,

        Was read the first time, rule waived, read the second time by its title and ordered for a third reading on to-morrow.

        A Committee from the Senate, consisting of Messrs. Abercrombie, Walker and Chain conveyed to the House, House bill to be entitled all let to provide clothing for the State troops, as passed by the Senate without amendment;

        Which was read and ordered to be enrolled.

        A Committee from the Senate, consisting of Messrs. McCall, Rogers and Walker conveyed to the House, House joint resolution relative to furnishing the soldiers of the State of Florida, as passed the Senate without amendment;

        Which was ordered to be enrolled.

        The following message from his Excellency the Governor was received and read:


Page 320

EXECUTIVE DEPARTMENT, Tallahassee, December 16, 1861.

Hon. SAMUEL B. LOVE, Speaker of the House of Representatives:

        SIR:--I respectfully recommend for the advice and consent of the General Assembly, the following nominations, viz:

    • ESCAMBIA COUNTY:

    • Auctioneer--Walker S. C. Young.
    • GADSDEN COUNTY:

    • Auctioneer--William H. Bailey.
    • LEON COUNTY:

    • Weigher of Cotton at Tallahassee--Robert Heir.

Very respectfully,

JOHN MILTON.


        Which was read and the nominations advised and concurred in by the House.

        The rule being waived, Mr. Williams from a Select Committee made the following majority report:

        The majority Committee appointed by the House to take into consideration resolutions expressive of the sentiments of the people of Florida, through their delegates in the General Assembly, commendatory of the action of the Confederate Government, our officers and soldiers in the army, beg leave to report the following and recommend their passage.

JOS. JOHN WILLIAMS, Ch'n.

G. W. MEANS,

A. A. CANOVA.


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

        Mr. Blount, from a Special Committee, made the following report:

        The undersigned a member of the Special Committee to whom was referred certain resolutions, complimentary of the Hon. S. R. Mallory and others, is by his sense of duty to the State compelled to dissent from the conclusions arrived at in the separate resolution referred to the said gentleman, has not administered the functions of the high office conferred upon him by the President of the Confederate States, in such a manner as to reflect credit upon himself, or to subserve the interests of the State of Florida; the conduct of this Honorable Gentleman, touching the military operations at Pensacola, and his willful and palpable neglect in fitting out the steamer Fulton at the Warrington Navy Yard, to the great hindrance and detriment of the public


Page 321

service, and his utter disregard of the pressing exigencies of the State of Florida in his recommendations to Congress, are matters of such notoriety, that the undersigned would be willfully stultifying himself, did he disregard their monitions in the consideration of a resolution of this character. The undersigned cannot therefore, with these facts in his possession, consent to give his approbation to the passage of said resolution.

A. C. BLOUNT.


        Which was read.

        A bill to be entitled an act in relation to Judicial proceedings,

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Blount, Canova, Carter, Clyatt, Coffee, Howell, Holloman, Hull, Lee, Means, Mizell, Parker, Peterson, Price, Robinson, Russell, Seward, Vann, Wall, Wells, Vogt, Williams, Yates and Yon--26.

        Nays--None.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        A Committee from the Senate, consisting of Messrs. Chain, Watlington and Magbee conveyed to the House, Senate bill to be entitled an act to suppress monopolies, as passed the Senate, and requested the immediate action of the House thereupon;

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

        Senate bill to be entitled an act to repeal an act concerning pilotage in the Port of Cedar Keys,

        Was read the first time, rule waived, read the second and third times by its title and put upon its passage, but pending the vote a quorum not being in attendance, Mr. Williams moved the call of the House.

        The roll being called, the following members answered to their names:

        Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Canova, Carter, Clyatt, Coffee, Cole, Howell, Holloman, Hull, Lee, Means, Mizell, Parker, Peterson, Price, Richardson, Russell, Seward, Vann, Wall, Wells, Vogt, Williams, Yates and Yon.

        A quorum being found in attendance, On motion, the call of the House was dispensed with.

        The bill was then put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Bellamy, Blount, Canova, Carter, Coffee, Cole, Howell, Holloman, Hull, Lee, Means, Peterson, Price, Richardson, Russell, Seward, Vann, Wall, Wells, Vogt, Williams, Yates and Yon--25.

        Nays--Mr. Parker--1.


Page 322

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Joint resolution expressive of the sentiments of the people of Florida towards the Confederate Government and her armies in the field,

        Was read the second time. Mr. Blount moved to strike out the 3rd section of said resolution;

        Which was lost.

        The rule being waived, the resolution was read the third time by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Bellamy, Canova, Carter, Clyatt, Coffee, Cole, Holloman, Lee, Means, Parker, Peterson, Pooser, Price, Richardson, Russell, Scott, Seward, Vann, Wall, Wells, Vogt, Williams and Yates--24.

        Nays--Messrs. Blount, Howell and Yon--3.

        So the resolution passed--title as stated.

        A Committee from the House, consisting of Messrs. Williams, Coffee and Holloman were appointed to convey said resolution to the Senate.

        On motion, the majority and minority reports of the Select Committees thereon were conveyed to the Senate therewith.

        Senate resolution for the relief of Richard E. Frier,

        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:

        Yeas--Mr. Speaker, Messrs. Arendell, Blount, Canova, Clyatt, Coffee, Cole, Howell, Holloman, Hull, Lee, Means, Parker, Peterson, Poorer, Price, Richardson, Russell, Scott, Seward, Vann, Wall, Vogt, Williams, Yates, and Yon--26.

        Nays--None.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        A Committee from the Senate, consisting of Messrs. Chain, Abercrombie and Simpkins conveyed to the House, Senate bill to be entitled an act to amend the laws in relation to parties being witnesses in suit in Justice Courts as passed the Senate.

        Senate resolution authorizing the Governor of the State of Florida to pay for and issue certain clothing,

        Was read the first time, rule waived, read the second time by its title.

        Mr. Blount moved that said resolution be laid on the table;

        Which was lost.

        Mr. Williams moved, that the rule be waived, and the resolution be read a third time by its title, and put upon its passage, which was agreed to, and upon which the vote was:

        Yeas--Messrs. Arendell, Carter, Clyatt, Coffee, Cole, Howell,


Page 323

Holloman, Hull, Lee, Means, Parker, Peterson, Price, Richardson, Russell, Scott, Seward, Wall, Vogt, Williams, Yates and Yon--22.

        Nays--Mr. Speaker, Messrs. Blount, Campbell, Pooser and Vann--5.

        So the resolution passed--title as stated.

        Ordered that the same be certified to the Senate.

        A Committee from the Senate, consisting of Messrs. Dawkins, Jones and Davidson waited upon the House, and conveyed to it enrolled Senate act to provide for the punishment before Justices of the Peace of slaves, free negroes and mulattoes, as having been incorrectly enrolled in the Senate, and requested the House to reconsider its vote taken thereon.

        On motion, the House took a recess until 3 o'clock.

3 O'CLOCK, P. M.

        The House resumed its session--a quorum present.

        The rule being waived, Mr. Canova introduced a bill to be entitled an act to consolidate the offices of Sheriff and Tax Assessor and Collector for the county of Duval;

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

        Senate bill to be entitled an act to suppress monopolies,

        Was read the first time, rule waived, read a second and third times by its title, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Canova, Campbell, Carter, Cole, Haddock, Hull, Lee, Means, Oliver, Parker, Pooser, Price, Richardson, Russell, Scott, Seward, Stewart, Vann, Wall, Wells and Yon--25.

        Nays--Messrs. Howell and Yates--2.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        Certain communications from his Excellency the Governor were received and read in the House, and were then transmitted to the Senate, to be read therein, by a Committee consisting of Messrs. Blount, Coffee and Scott.

        Senate bill to be entitled an act in relation to parties being Witnesses in Justices Court,

        Was read the first time and ordered for a second reading.

        A bill to be entitled an act to consolidate the offices of Sheriff and Tax Assessor and Collector in the county of Duval,


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        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:

        Yeas--Mr. Speaker, Messrs. Arendell, Blount, Bloxham, Canova, Campbell, Carter, Coffee, Cole, Howell, Lee, Means, Oliver, Parker, Price, Richardson, Robinson, Russell, Scott, Seward, Stewart, Vann, Wall, Wells, Williams, Yates and Yon--27.

        Nays--None.

        So the bill passed--title as stated.

        On motion, a committee consisting of Messrs. Canova, Stewart and Williams, were appointed to convey said bill to the Senate and request their concurrence.

        A committee from the Senate consisting of Messrs. Baldwin, Davidson and Jones, conveyed to the House a House bill as having passed the Senate, a bill to be entitled an act for the relief of Aaron W. DeCosta, a Justice of the Peace for Duval county.

        Said bill was ordered to be enrolled.

        Mr. Holloman from the Committee on Enrolled Bills made the following report:

        The Committee on Enrolled Bills ask leave to report the following bill as correctly enrolled, viz:

        An act making appropriations for the expenses of the General Assembly and for other purposes.

D. W. HOLLOMAN, Chairman.


        Which was read.

        Mr. Vann offered the following resolution:

        Resolved by the House of Representatives of the State of Florida in General Assembly convened, That the thanks of this House are due, and are hereby tendered to Hon. Samuel B. Love for the prompt, courteous, able and dignified manner in which he has presided as Speaker over the deliberations of this body.

        Resolved further, That the thanks of this House are due, and are hereby tendered to the Chief Clerk, and the other officers of the said House, for the faithful discharge of their duties during the present session of the Legislature.

        Which was unanimously adopted.

        A committee from the Senate consisting of Messrs. Rogers, Broome and McCall, waited upon the House and returned to it certain communications from his Excellency the Governor, sent to the Senate.

        Mr. Holloman, from the Committee on Enrolled Bills, made the following report:

        The Committee on Enrolled Bills ask leave to report the following resolution and bill as correctly enrolled, viz:

        Joint resolution relative to furnishing clothing for the soidiers of the State of Florida;


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        An act to provide clothing for the State Troops.

D. W. HOLLOMAN, Ch'n.


        Which was read.

        A committee from the Senate consisting of Messrs. Baldwin, McCall and Jones, conveyed to the House a House bill to be entitled an act to consolidate the offices of Sheriff and Tax Assessor and Collector of the county of Duval, as having passed the Senate without amendment;

        Which was ordered to be enrolled.

        The House took a recess until 5 minutes before 5 o'clock.

FIVE MINUTES BEFORE FIVE O'CLOCK, P. M.

        The House resumed its session--a quorum present.

        The following communication from his Excellency the Governor was received and read:

EXECUTIVE CHAMBER,
TALLAHASSEE, Dec. 17th, 1861.

Fellow Citizens of the Senate and
House of Representatives:

        I herewith transmit you as requested, a copy of Joint Resolutions of the General Assembly of the State of Tennessee, this received from his Excellency the Governor thereof, and respectfully invite your attention to the subject therein referred to.

Very respectfully,

JOHN MILTON.


JOINT RESOLUTION TO TAKE STEPS TO OPEN THE PORTS OF THE SOUTH TO THE COMMERCE OF THE WORLD.

        Resolved by the General Assembly of the State of Tennessee,

        That, as the sense of this Legislature, the following propositions. are submitted for the consideration of the Planters of the South, and all others whom it may concern:

        1st. That the present cotton crop of the Southern States is, to at least two of the leading powers of Europe, a national necessity.

        2nd. That as under present circumstances, it seems improbable that this crop can be disposed of, the planting of another will place two crops on hand for sale at once.

        3rd. That the purchase of these two crops by the European powers above referred to, will give them a supply for two years; so that at any time when about to purchase the third crop, and


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having one years stock to run upon, and the Planter being unable to hold his third crop until they are compelled to buy, they will have it in their power to dictate the price and terms of sale.

        4th. That on the other hand, the Europeans Powers before mentioned having exhausted their present supply, and an other crop not being raised when those powers come into the market to buy, as they must and will, if we adopt this policy, the Planters holding the great staple, which is a necessity to them, they will not only be compelled to buy, but also to pay a renumerative price.

        5th. The armies of the South cannot subsist on cotton, but must have bread and meat, and while the interest of the Cotton Planter calls to him to plant no more cotton than will supply the home consumption, patriotism imperatively demands that his whole force should be turned into those channels in which he can contribute to the wants and wastes of a war, of which none can predict the end.

        6th That the vital interests herein involved may be summitted to the enlightened judgment of the South, the Governor of this State is requested to forward forthwith a copy of these resolutions to the President of the Confederate States, who is herein requested to submit them to Congress, and also the several Governors of the Confederate States, who are herein requested to submit them to their respective Legislatures when convened.

EDWIN A. KEEBLE,
Speaker of the House of Rep.

E. S. CHEATHAM,
Speaker of the Senate.

Adopted November 30, 1861.

        On motion of Mr. Williams, a Committee consisting of Messrs. Williams, Canova, and Wall, were appointed to wait upon the Senate, and inform them that the House was now ready to receive any further communication or business from that body to be transmitted to the House.

        A Committee from the Senate, consisting of Messrs. Chain, Rogers and McQueen waited upon the House, and conveyed to the House as having passed the Senate without amendment, House resolutions expressive of the sentiments of the people of Florida towards the Confederate Government and her armies in the field, also House bill for the relief of John B. Whitehurst;

        Which were ordered to be enrolled.

        The rule being waived, Mr. Means introduced a joint resolution concerning certain resolutions adopted by the State of Tennessee;


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        Which were received and adopted, and on motion a committee consisting of Messrs. Means, Bloxham and Russell, were appointed a committee to convey the same to the Senate and request their concurrence.

        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 for the relief of Aaron DaCosta, a Justice of the Peace for Duval county;

        An act explanatory of an act to provide for the necessary supplies of the army, to prevent monopolies and for other purposes;

        An act to consolidate the offices of Sheriff and Tax Assessor and Collector for the county of Duval.

D. W. HOLLOMAN, Chairman.


        Which was read.

        On motion the House took a recess until 7 o'clock, P. M.

7 O'CLOCK, P. M.

        The House resumed its session.

        The rules being waived, Mr. Holloman introduced a resolution for the relief of Thomas P. Wall, of Clay county,

        Which was read the first time, the rule waived, read the second and times by its title and put upon its passage, upon which the vote was:

        Yeas--Messrs. Arendell, Bellamy, Bloxham, Canova, Cole, Holloman, Hull, Means, Mizell, Parker, Peterson, Pooser, Price, Richardson, Robinson, Russell, Scott, Seward, Stewart, Vann, VanZant, Wells, Williams and Yon--25.

        Nays--None.

        So the resolution passed--title as stated.

        On motion a committee consisting of Messrs. Holloman, Scott and Williams were appointed to convey said resolution to the Senate and request their action thereon.

        A committee from the Senate consisting of Messrs. Watlington, Chain and McQueen, conveyed to the House a House bill entitled an act to authorize the holders of Treasury Notes to exchange the same for the bonds of the State, passed the Senate without amendment;

        Which was ordered to be enrolled.

        A committee from the Senate consisting of Messrs. Broome, Rogers and Magbee, waited upon the House and informed them


Page 328

that the Senate had appointed a committee of three and requested the appointment of a similar committee on the part of the House to unite with said committee in waiting upon his Excellency the Governor, to inform him that the General Assembly would adjourn at 10 o'clock this evening, and inquire of his Excellency if he had any further business or communications to make to the General Assembly.

        Messrs. Russell, Vann and Arendell, were appointed said committee on the part of the House, who after a short absence returned to the bar of the House and reported that they had performed the duty assigned them and were discharged.

        A committee from the Senate consisting of Messrs. Baldwin, McCall and Jones conveyed to the House a House resolution for the relief of Thomas P. Wall of Clay county, as passed by the Senate without amendment;

        Which was read and ordered to be enrolled.

        Mr. Holloman from the Committee on Enrolled Bills made the following report:

        The Committee on Enrolled Bills report the following bills and resolution as correctly enrolled, viz:

        An act for the relief of John B. Whitehurst;

        An act to authorize the holders of Treasury Notes to exchange the same for Bonds of this State;

        Joint resolution expressive of the sentiments of the people of Florida towards the Confederate Government, and her armies in the field.

D. W. HOLLOMAN, Chairman.


        Which was read.

        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:

        Resolution for the relief of Thomas P. Wall of Clay county.

D. W. HOLLOMAN, Chairman.


        Which was read.

        A Committee from the Senate, consisting of Messrs. McCall, Chain and Magbee waited upon the House, and conveyed to them a certain House resolution concerning an act of the Legislature of Tennessee, as passed the Senate without amendment;

        Which was ordered to be enrolled.

        A Committee from the Senate, consisting of Messrs. Simpkins, Rogers and McCall conveyed to the House, a House bill entitled an act in relation to Militia and Militia elections, as passed the Senate without amendment;

        Which was ordered to be enrolled.

        Mr. Holloman from the Committee on Enrolled Bills made the following report:


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        The Committee on Enrolled Bills ask leave to report the following resolution as correctly enrolled, viz:

        Joint resolution relative to Joint Resolutions passed by the General Assembly of the State of Tennessee.

D. W. HOLLOMAN, Chairman.


        Which was read.

        A committee from the Senate consisting of Messrs. Magbee, McQueen and Chain, conveyed to the House as passed the Senate without amendment a House Resolution for the relief of James D. Green ex-officio Tax-Assessor and Collector of Manatee county;

        Which was read and ordered to be enrolled.

        Mr. Holloman from the Committee on Enrolled Bills, made the following report:

        The Committee on Enrolled Bills ask leave to report the following bill as correctly enrolled, viz:

        An act relative to Militia Elections.

D. W. HOLLOMAN, Chairman.


        Which was read.

        A committee from the Senate consisting of Messrs. McCall, Finlayson and Duncan, conveyed to the House as passed the Senate without amendment, House resolution concerning the construction of a battery of guns on the principle invented by E. B. Ridley;

        Which was ordered to be enrolled.

        A committee from the Senate, consisting of Messrs. Finlayson, Baldwin and Duncan conveyed to the House as passed the Senate without amendment, a House bill entitled an act in relation to Judicial proceedings;

        Which was ordered to be enrolled.

        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:

        Resolution for the relief of James D. Green, ex-officio Tax Assessor and Collector of Manatee county.

D. W. HOLLOMAN, Ch'n.


        Which was read.

        Messrs. Chain, McQueen and McCall conveyed to the House Senate bill entitled an act to authorize the Board of County Commissioners of Santa Rosa county to license parties to issue change bills;

        Which was read the first time, rule waived, read the second time by its title, and ordered for a third reading on to-morrow.

        The following message from his Excellency the Governor was received and read:


Page 330

EXECUTIVE, CHAMBER,
Tallahassee, Dec. 17, 1861.

Hon. SAMUEL B. LOVE,
Speaker of the House of Representatives:

        SIR:--I have approved and signed the following bills and resolutions, viz:

        An act to provide for the payment of the War Tax to be assessed upon and collected from the citizens of this State;

        An act relative to the Public Lands of the State of Florida;

        Joint resolution organizing the Amelia Guerrilla Company:

        An act for the relief of John H. Rhodes, Constable for the 2nd District of Leon county;

        Joint resolutions relative to furnishing the soldiers' of the State of Florida;

        An act to provide clothing for the State Troops;

        An act to authorize the holders of Treasury Notes to exchange the same for bonds of this State;

        Resolution for the relief of Thomas P. Wall of Clay county;

        Joint resolutions expressive of the sentiments of the people of Florida towards the Confederate Government and her armies in the field;

        Resolution in relation to the resolutions of the General Assembly of the State of Tennessee; also,

        An act relative to Militia and Volunteer elections.

Very respectfully,

JOHN MILTON.


        Which was read.

        Mr. Holloman moved that the reconsideration of the vote taken on the hour fixed for the adjournment of the General Assembly, and that the hour of ten o'clock, at which the General Assembly had resolved to adjourn, be stricken out and 12 o'clock inserted in lieu thereof;

        Which was agreed to.

        On motion, a committee consisting of Messrs. Russell, Holloman and Pooser, were appointed to wait upon the Senate and inform them of such action upon the part of the House. The commitee reported that the Senate had adjourned, and the hour of adjournment having arrived, the Speaker adjourned the House sine die.


Page 331

APPENDIX.

Being the Proceedings of the House of Representatives in Secret Session on 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.

FRIDAY, November 22,1861.

        On motion, the House went into secret session.

        The committee on the part of the House from the joint committee of the House and Senate, to whom was referred the special message of his Excellency the Governor, recommended for secret session reported a bill to the House to be entitled an act to provide for the necessary supplies for the army in the State of Florida, and to prevent monopolies and for other purposes, and recommended its passage.

        Said bill was taken up and read the first time, the rule waived, read the second time by its title and on motion the House resolved itself into a Committee of the Whole upon its consideration, Mr. Canova in the Chair.

        After some time spent therein the Committee arose and through their chairman reported the bill back to the House as amended and recommended its passage.

        The bill was then read a third time, and put upon its passage, upon which the vote was:

        Yeas--Mr. Speaker, Messrs. Blount, Bloxham, Campbell, Carter, Coffee, Cole, Dansby, Haddock, Holloman, Hull, NcCormick, Means, Oliver, Pooser, Price, Richardson, Russell, Scott, Stewart, Wall, Wells and Yon--23.

        Nays--Messrs. Broxson, Howell, Lee, McKinnon, Newburn, Parker, Peterson, Robinson, Seward, Vann and VanZant--11.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate, endorsed for its consideration in secret session;

        Which was accordingly done.


Page 332

WEDNESDAY, November 27, 1801.

        On motion, the House went into secret session.

        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 in in secret session, viz:

        House 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.

Very respectfully,

JOHN B. WHITEHURST,
Secretary of the Senate.


        Accompanying bill ordered to be enrolled.

        Which was done, and said bill duly signed by the proper officers of both Houses, transmitted to his Excellency the Governor for his approval.

        The above is a true record of the proceedings and minutes of the House of Representatives, while in secret session, which by direction of the Speaker I was instructed to prepare and have published as an appendix to the Journal of the same.

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

December 17th, 1861.

        The following is the corrected minutes of the House of Representatives on the passage of a certain bill, the vote upon which through mistake, was incorrectly printed and it being too late to have the journal corrected at the time, the same having been struck off in book form, as Clerk of the House I was directed to have it published with the foregoing appendix.

Journal of Wednesday, December 11th, 1861.

        A bill to be entitled an act explanatory of an act to provide for the necessary supplies for the army in the State of Florida, to prevent monopolies and for other purposes,


Page 333

        Was read the third time and put upon its passage, upon which the vote was:

        Yeas--Messrs. Amos, Arendell, Bellamy, Blount, Bloxham, Broxson, Carter, Clyatt, Collins, Cole, Hawes, Holland, Howell, Hull, Lee, McKinnon, Newburn, Oliver, Pooser, Price, Richardson, Seward, Wall, Vogt, Yates and Yon--26.

        Nays--Mr. Speaker, Messrs. Campbell, Scott and Vann--4.

        So the bill passed--title as stated.

        Ordered that the same be certified to the Senate.

        

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

December 17th, 1861.


Page 1

DOCUMENTS
ACCOMPANYING THE GOVERNOR'S MESSAGE.

COMPTROLLER'S REPORT.

TREASURY DEPARTMENT, COMPTROLLER'S OFFICE,
Tallahassee, November 1, 1861.

To his Excellency JOHN MILTON,
Governor of Florida:

        SIR:--Appointed Comptroller by his Excellency Governor M. S. Perry, the Legislature failing to elect, I assumed the position and entered upon the duties appertaining to said office, December 16th, 1860.

        On an examination of the books, I discovered a great many unsettled accounts and some of long standing, and suits in many instances never having been instituted against the Tax Collectors and Sheriffs to force them to a settlement, I employed a competent accountant to draw off all unsettled accounts. The said accountant accordingly drew off and produced accounts against defaulting Tax Collectors and Sheriffs to the amount of One Hundred and Seven Thousand Seven Hundred and Eighty- five Dollars and Forty-six cents.

        I immediately mailed to each defaulting Tax Collector and Sheriff his account, enclosed with a request for an immediate settlement. In some instances they have responded and made remittances, and where they have not, I have instructed the Solicitors of the several districts to institute suits against them upon their bonds. This seems to have been neglected heretofore, as there is no evidence in this office of any suits having been commenced against officers in arrears.

        During the making out of said accounts, the accountant notified me that there had been important omissions of entries in the Day Book and Ledgers belong to the office, And I thereupon instructed him to go over the books and rectify omissions from the beginning to the 31st of October, 1861.


Page 2

        Since the year 1848, there have been no entries made of the warrants drawn upon the Treasurer. The Treasurer's accounts had never been properly balanced. They were charged with the receipts proper and likewise with receipts in relation to the Internal Improvement, School and Seminary Funds, and yet had not been credited with the warrants drawn upon them.

        The present Treasurer has One Million and Seventy-nine Thousand, Two Hundred and Fifty-nine Dollars and Sixty-three cents charged to him, but the credit side is blank--he never having been credited for a single warrant drawn upon him.

        The Internal Improvement Fund stands credited by the amount of Fifty-seven Thousand Nine Hundred and Six Dollars and Forty-three cents, when properly it should be Thirty Thousand Dollars.

        The School and Seminary Funds are credited by a balance of One Hundred and Forty Thousand Nine Hundred and Forty-eight Dollars and Thirty-four cents, when properly the State has settled with both by Bonds to the amount of Fifty-nine Thousand Dollars. David S. Walker, the former Register, stands credited with Forty-nine Thousand One Hundred and Forty-six Dollars and Ninety-three cents; and Hugh A. Corley, the present Register, with Fifteen Thousand Nine Hundred and Eighty-eight Dollars and Ten cents. T. W. Brevard, the former Comptroller, stands debited by balance to Fifteen Thousand Six Hundred and Ninety-four Dollars and Forty-four cents in cash, when none has been received. The Books show that Two Hundred and Forty-three Thousand Four Hundred and Seven Dollars and Ninety-eight cents have been paid out.

        Such are some and only some of the many inconsistent and erroneous entries, most of which have been expunged, while others have been rectified.

        Since the year 1848, there have been no accounts kept shewing the expense for which the State has been liable. For instance, there is no Executive, no Legislative, no Judicial, no Military, and no Contingent, nor other necessary expense accounts to be found in said Book, from the year 1848 down to the year ending November 1, 1860.

        The revenue accounts, Fines, Auction and License Tax accounts, have been kept in such a manner as to show that they were but of little or no profit to the State.

        Two debits and one credit were made in most instances on receipt of money into the Treasury; for instance, the Treasurer was debited, and the Tax Collector or Sheriff credited, which was right and proper, but at the same time the accounts on which said moneys had been received, were also debited, which made the debit side of the book twice that of the credit, which


Page 3

is improper. The revenue accounts should receive no debit, but for actual expenses of collecting, for overcharges, and for Insolvencies allowed by County Commissioners.

        The former Comptrollers have attempted to keep, not only the books properly belonging to the State, but have blended therewith and endeavored also to keep the books of the Internal Improvement, School and Seminary Funds, which was improper, they being separate and entirely distinct organizations. It is true, transactions may occur with any and all of them, but only in so far as each is individually indebted to the State, or the State indebted to them. What the Trustees of the Internal Improvement Fund do, have nothing to do with the State: they, and likewise the Trustees of the School and Seminary Funds, are separate and distinct organizations. When the Comptroller is made Trustee for School and Seminary Funds, and draws his warrant upon the Treasurer, these warrants should not be mixed with the warrants he draws upon the State Treasurer.-- He should keep separate books having nothing to do with the books properly belonging to his office as Comptroller. The accountant has accordingly expunged from the books of the Comptroller all the receipts and expenditures properly belonging to those funds. He has also gone over the entire books of this office, has opened accounts for the several and various expenditures, and has rectified the different revenue accounts by expunging entries wrongly posted, and has balanced up, for each year separately, each of said several different revenue accounts, showing thereby the actual profit derived by the State from them.

        He has also made out a balance sheet for each year, from 1846 to November, 1861, inclusive, showing the actual expenses and income of the State, and the balances for and against the State, and an aggregate of the entire expenditures of the government, and the aggregate income from the various sources of revenue.

        The gross amount of receipts into the Treasury up to October 31st, 1860, are one million two hundred and eighty-five thousand two hundred and eighty-nine 91-100 dollars, and the gross amount of warrants drawn upon the Treasury are one million one hundred and seventy-four thousand six hundred and eighty one, 82-100 dollars, leaving a balance of one hundred and ten thousand six hundred and eighty 09-100 dollars; whereas the Treasurer, in his report of October 31st, 1860, shows that he had paid out four 43-100 dollars more than he received This discrepancy, arises from the fact that the Treasurer pays out money, of which the Comptroller knows nothing, in the shape of interest upon bonds. This will account for the discrepancy. I would


Page 4

therefore recommend to the Legislature to enact a law requiring the Treasurer to pay out no money from the Treasury except upon a warrant of the Comptroller, and that when he pays out upon said warrant that he be required to stamp "paid" upon said warrant, and return it to the office of the Comptroller, in order to ascertain the exact amount at any time there may be in the Treasury, and that the Comptroller and Treasurer be required to compare accounts on the first day of each and every month during the year.

        I would also recommend that the Legislature take into consideration the expenses incurred by the State under the head of criminal prosecutions, a very large portion of which arises from suits brought in Justices Courts for light and trivial offences, and in almost every case the offender is discharged, and if convicted, receives some light punishment, by no means sufficient to deter him from a repetition of the offence. It is immaterial whether he is convicted or not, the State has to pay all the costs.

        I would also call attention to the maintenance of Lunatics sent from Florida to asylums in other States. There has been paid already for the year 1861, the sum of $1,445 20-100, and there is still due to the State of Georgia $2,747 70-100, and to South Carolina $443. 38-100. These bills should be paid at once, and a larger appropriation made for the ensuing year.

        I would suggest that all matters pertaining to the School and Seminary Funds, such as collecting interest and investing the same, together with the custody of bonds belonging to the two Funds, be placed under the control of the Register, and that he be authorized to draw his warrants upon the Treasurer for all expenditures accruing under these Funds. This would prevent confusion in the accounts in this office, and supersede the necessity of keeping a separate set of books.

        No interest has been collected upon the Bonds owned by either of the Funds for the year 1861.

        I have, as Trustee, invested Five Thousand Dollars for the School Fund, and One Thousand Dollars for the Seminary Fund, in State Bonds issued under an ordinance of the Convention. The Bonds on hand now belonging to the School Fund amount to $59,366 06-100, to Seminary Fund $8,633 94-100, ten thousand of which are Florida Railroad Bonds, and Fifty-eight Thousand are State of Florida Bonds--(see report port for year 1860.) $57,492 45-100 in Bonds belonging to School and Seminary Funds were turned over to Governor Perry by my predecessor, under Resolution No. 4 of the last Legislature, for the purpose of purchasing arms.

        You will see by the table furnished, that there are several Counties that have failed to report to this office their Tax returns


Page 5

for the year 1861. The Counties of Santa Rosa and Columbia have made no returns for the years 1860 and 1861. There should be a law passed to the effect that Tax Assessors, failing to furnish the Comptroller with their returns by the time prescribed by law, Should pay such a fine as would insure a compliance on their part.

        I herewith submit an abstract of the condition of the Finances of the State for each year, separately, from the years 1845 to 1861, inclusive, it being impossible to have my report printed in detail, either in Tallahassee or Savannah in time, on account of the want of proper type, it being composed almost entirely of figures embracing some seventy pages. This must be my excuse for not complying with the law and furnishing you with printed copies.

        I would respectfully suggest that a Committee be appointed to examine the condition of the Books in this office.

Respectfully,

R. C. WILLIAMS, Comptroller.

    The receipts at the Treasury for the year ending 31st October, 1861, amount to . . . . . $115,315 90

  • To wit:--Revenue, 1855, . . . . . $653 54
  • " 1856, . . . . . 341 80
  • " 1859, . . . . . 2,099 60
  • " 1860, . . . . . 94,666 49
  • " 1861, . . . . . 1,071 94
  • Auction Tax, . . . . . 448 90
  • Fines, . . . . .5,139 91
  • Licenses, . . . . . 3,956 87
  • Contribution by F. H. Rutledge, . . . . . 500 00
  • Public Lands, . . . . . 432 35
  • Sale of Bonds, . . . . . 6,000 00
  • Sale of Books, . . . . . 4 50----$115,315 90

    The Warrants issued amount to . . . . . $332,942 60

    • To wit:--Judicial Department--

    • On account of Salaries, . . . . . $24,500 00
    • Contingent expenses of Supreme Court, . . . . . 2,532 64---- $27,032 64
    • Executive Department--

    • On account of Salaries, . . . . . $5,100 00
    • Criminal Prosecutions, . . . . . 26,788 35
    • Jurors and Witnesses, . . . . . 27,642 04
    • Contingent State Expenses, . . . . . 10,236 28
    • Post Mortem Examinations, . . . . . 876 70
    • Repairs on Capitol, . . . . . 966 91
    • Maintenance of Lunatics, . . . . . 1,445 20
    • Presidential Electors, . . . . . 90 60
    • Legislative Expenses, . . . . . 26,422 34
    • Convention, . . . . . 22,792 20
    • Relief Account, . . . . . 2,883 43
      Page 6

    • Public Land, . . . . . 4,600 95
    • Florida Volunteers U. S. Indian Hostilities, . . . . . 168,524 83
    • Scrip, . . . . . 79 98
    • Treasury Note Expenses, . . . . . 756 50
    • Equipment of Volunteers, . . . . . 6,703 65----$332,042 60

    School and Seminary Fund.--The following are the Receipts for the year ending 31st October, 1861:

  • On account School Fund, . . . . . $7,629 67
  • " " Seminary Fund, . . . . . 2,675 80
  • " " Interest School Fund, . . . . . 868 00----$11,173 47

    Warrants drawn for the same period are as follows:

  • Seminary Fund, Register's Salary, . . . . . $700 00
  • School " " " . . . . . 700 00
  • East Florida Seminary, . . . . . 2,042 00
  • West Florida Seminary, . . . . . 2,042 00
  • Interest School Fund, pay of teachers, . . . . . 2,759.60
  • School Fund to Gov. M. S. Perry, by Treasurer, . . . . . 13,000 00
  • School and Seminary Bonds turned over to Governor, . . . . . 57,492 47
  • School Fund, Relief of Walton County, . . . . . 485 70
  • " " new mode of Investment in State Bonds, . . . . . 5,000 00
  • Seminary Fund, new mode of Investment in State Bonds, . . . . . 1,000 00
  • School Fund Expenses, . . . . . 16 63----$85,238 35

    School Fund Bonds on Hand--

  • 44 State of Florida, $1000, 7 per cent., . . . . . $44,000 00
  • 10 " " "500, 8 " " . . . . . 5,000 00
  • Part of one Bond, 7 " " . . . . . 860 00
  • " " " " 7 " " . . . . . 506 06
  • 9 Florida Rail Road, $1,000, 7 per cent., . . . . . 9,000 00---- $59,366 06

    Seminary Fund Bonds on Hand--

  • 6 State of Florida Bonds, $1,000, 7 per ct., . . . . . $6,000 00
  • 2 " " " " $500, 8 " " . . . . . 1,000 00
  • 1 Florida Rail Road, $1,000, 7 " " . . . . . 1,000 00
  • Part of one Bond, 7 per cent., . . . . . 140 00
  • " " " " 7 " " . . . . . 493 94---- $8,633 94

Page 7

Report of Revenue Returned 1861.

    COUNTIES.

  • Alachua, no return
  • Brevard . . . . . $311.94
  • Baker . . . . . 590.61
  • Clay . . . . . 972.81
  • Columbia, no return for 1860 and 61
  • Calhoun . . . . . 1,023.02
  • Duval, no return
  • Dade, no return
  • Escambia, no return
  • Franklin . . . . . 2,983.74
  • Gadsden, no return
  • Hamilton . . . . . 3,180.22
  • Hillsboro . . . . . 1,437.25
  • Hernando . . . . . 2,314.99
  • Holmes . . . . . 410.47
  • Jefferson . . . . . 9,608.49
  • Jackson . . . . . 9,008.34
  • Leon . . . . . 15, 941.42
  • Levy . . . . . 1,314.94
  • Liberty . . . . . 776.27
  • Lafayette, no return
  • Madison . . . . . 6,771.43
  • Manatee, 1860 . . . . . 796.99
  • Manatee, 1861 . . . . . 789.54
  • Marion, no return
  • Nassau . . . . . 2,260.04
  • New River . . . . . 1,269.81
  • Orange . . . . . 747.55
  • Putnam . . . . . 1,251.30
  • Polk, no return
  • St Johns . . . . . 1,339.93
  • Suwannee . . . . . 647.53
  • Santa Rosa, no return for 1860 and 1861
  • Taylor . . . . . 592.26
  • Volusia . . . . . 852.25
  • Washington . . . . . 1,184.78
  • Wakulla . . . . . 2,146.56
  • Walton . . . . . 930.99

ABSTRACT
Of Receipts and Expenditures as shown by the Books of the Comptroller, from the year 1845 to 31st October, 1861, inclusive.

        For the first fiscal year of the government, ending October 31st, 1846, the amount of receipts at the Treasury were $28.498.44, and the amount of warrants issued $56,009.55; the gross amount of revenue $35,108.00, and gross amount of expenditure $56,314.24--leaving a balance against the State of $21,206.24.

        For the year ending October 31st, 1847, the receipts were $45,357.60, and warrants issued$52,787.46; the gross amount of revenue$71.809.97, and expenditures$54,584.21--leaving a balance against the state of$3,980.48

        For the year ending October 31st, 1848, the receipts were $56,832.72, and warrants issued$48,714.21; gross amount of revenue$90,258.50, gross amount of expenditure$54,775.10-- leaving a balance in favor of the State of$31,502.93.

        For the year ending, October 31, 1849, the receipts were $58,651.11, and warrants issued$55,807.79; gross amount of revenue


Page 8

$55,110.28, gross amount of expenditure$66,308.50--leaving a balance in favor of the State of$20,244.71.

        For the year ending October 31st, 1850, the receipts were $46,079.84, and warrants issued$38,559.33; gross amount of revenue$58,148.86, gross amount of expenditures$40,331.36-- leaving a balance in favor of the State of$38,062.21.

        For the year ending October 31st, 1851, the receipts were $84,147.25, and warrants issued$69,078.34; gross amount of revenue$66,296.49, gross amount of expenditure$70,591.11-- leaving a balance in favor of the State of$33,767.59.

        For the year ending October 31st, 1852, the receipts were $60,619.63, and warrants issued$56,749.87; gross amount of revenue$58,791.06, gross amount of expenditure$57,212.89-- leaving a balance in favor of the State of$35,345.76.

        For the year ending October 31st, 1853, the receipts were $95,127.01, and warrants issued$107,955.35; gross amount of revenue$64,685.84, gross amount of expenditure$108,213.36-- leaving a balance against the State of$8,181.76.

        For the year ending October 31st, 1854, the receipts were $62,801.51, and warrants issued$53,417.13; gross amount of revenue$71,211.71, and gross amount of expenditure$54,115.42-- leaving a balance in favor of the State of$8,914.53.

        For the year ending October 31st, 1855, the receipts were $80,840.62, and warrants issued$85,365 19; gross amount of revenue$68,025.34, gross amount of expenditure$83,185.79-- leaving a balance against the State of$6,245.92.

        For the year ending October 31st, 1856, the receipts were $92,021.98, and the warrants issued$76,430,01; gross amount of revenue$120,823.32, gross amount of expenditure$70,693.21-- leaving a balance in favor of the State of$79,228.10.

        For the year ending October 31st, 1857, the receipts were $206,817.13, and warrants issued$168,515.12; gross amount of revenue$93,631.79, gross amount of expenditure$90,978.76-- leaving a balance in favor of the State of$81,881.13.

        For the year ending October 31st, 1858, the receipts were $91,578.43, and warrants issued$68,772.33; gross amount of revenue$107,152.55, gross amount of expenditure$60,991.61-- leaving a balance in favor of the State of$128,042.07.

        For the year ending October 31st, 1859, the receipts were $106,021.80, and warrants issued$106,879.12; gross amount of revenue$112,066.29, gross amount of expenditure$101,315.50-- leaving a balance in favor of the State of$138,792.86.

        For the year ending October 31st, 1860, the receipts were $115,894.84, and warrants issued$117,808.85; gross amount of revenue$92,362.05, gross amount of expenditure$113,097.57-- leaving a balance in favor of the State of$118,047.34.


Page 9

        For the year ending October 31st, 1861, the receipts were $115,416.51, and warrants issued$332,942.60; gross amount of revenue$116,460.42, gross amount of expenditure$332,404.25 --leaving a balance against the State of$97,396.49.

        The gross amount of revenue returned from October 1845 to 1861, inclusive, is$1,282,43.48, and the gross amount of expenditure $1,379,828.97. The gross amount of receipts at the Treasury$1,400,706.42, and gross amount of warrants issued $1,507,624.42.

        The outstanding liabilities of the State are . . . . .$256,885.88

        And the amount due the State is . . . . . 159,489.39

        Leaving a balance against the State of . . . . .$97,396.49

    The sum total of expenditures from 1845 to October 31st, 1861, amounts to . . . . .$1,379,828.97

  • To wit:--Executive Department . . . . .$84,484 72
  • Legislative . . . . . 240,809 70
  • Judicial . . . . . 254,661 06
  • Criminal Prosecutions . . . . . 200,067 42
  • Jurors and Witnesses . . . . . 195,260 21
  • Court Contingent . . . . . 30,639 62
  • Indian hostilities . . . . . 168,524 83
  • State Convention . . . . . 22,792 20
  • Contingent and other minor expenses . . . . . 175,885 56
  • Equipment of Volunteers . . . . . 6,703 65----$1,379,828 97

    The total amount of Revenue from all sources, from 1845 to October 31st, 1861, is . . . . .$1,282,432 48

  • To wit:--Revenue . . . . .$1,126,997 31
  • Fines . . . . . 58,917 41
  • Auction Tax . . . . . 25,607 44
  • License . . . . . 70,410 32
  • Donation . . . . . 500 00----$1,282,432 48.


Page 10

TREASURER'S REPORT.

TREASURY DEPARTMENT, TREASURY OFFICE,
Tallahassee, Nov. 13, 1861.

His Excellency JOHN MILTON,
Governor of Florida:

        SIR: Agreeable to the statute requiring exhibits to be made from this office to the General Assembly, I respectfully enclose reports of the transactions for account of the State and for the School and Seminary Funds for the period of Nov, 1, 1860, to October 31, 1861.

        Under the several acts and ordinances authorizing funds to be placed at the discretion of the Executive, the following have been delivered to Gov. Perry:

    • From School Fund--

    • Virginia and N. Carolina State Bonds. . . . . $41,500
    • Cash . . . . . 13,000----$54,500
  • From Seminary Fund--
    Virginia, N. Carolina and Georgia State Bonds . . . . . $48,500
    • From Sinking Fund of State Bonds, Act. 11, Ch. 785--

    • Tennessee and California State Bonds . . . . . $10,000
    • Cash . . . . . 5,000----$15,000

        Also fifty thousand dollars of the Bonds of this State issued under Convention Ordinance 34.

        In the adjustment by the late Governor of some indebtedness to Institutions in another State, this Department is under acceptances to become due in a short time. Enclosed is a copy of his authority, with a plan to provide for these drafts, which, to be executed, will require some action to place an amount of the bonds and fund subject to the object suggested.

        The appropriations for Jurors and Witnesses and Criminal Prosecutions have been disbursed, and I respectfully apply for five thousand dollars for each account, until the General Appropriation bill.

        The sum of five thousand five hundred dollars was appropriated by the last Assembly for printing and publishing. The warrants are thirty-six hundred 27-100 dollars for Dyke & Carlisle, and thirty-five hundred and forty-nine 10-100 dollars for E. A. Hart--leaving balance of sixteen hundred and forty-nine 36-100 dollars to be appropriated.


Page 11

        There has been information, from a high official source, filed in this office, that fraud has been perpetrated in claims audited under Act No. 83, Chapter 1175.

Very Respectfully,

C. H. AUSTIN, Treasurer.


(COPY.)

EXECUTIVE DEPARTMENT,
Tallahassee, Oct. 5, 1861.

To CHARLES H. AUSTIN, Esq., Treasurer of the State of Florida:

        SIR:--You are hereby authorized and directed to pay to the Banks of Charleston, the Peoples Bank, the Bank of Newberry and the Merchants and Planters Bank of Savannah, fifty per cent of the amounts due by the State of Florida to said Banks; which payments you will make out of the amount of money to be received by you, as Treasurer, from the Secretary of Treasury of the Confederate States under the act of Congress approved the 31st day of August, 1861, entitled an act "To reimburse the State of Florida," and in order that the balance of the debt due by the State of Florida to said several Banks may be so arranged as to relieve the State from embarrassment, and at the same time to give to said Banks ample security for the balance of the debt due to them, I request you to propose to said Banks to accept the Bonds of the State issued under the ordinance of the Convention, and if said Banks consent to receive said Bonds in payment of the balance due them, after you have made the payments aforesaid, you will proceed to settle such debts in the manner herein directed.

Very respectfully,

[Signed]
M. S. PERRY,
Governor of Florida.



Page 12

The Treasurer in Account with the State of Florida:

    1861. DR.

  • Nov. 1-- To amount received on account revenue 1855, . . . . . $653 54
  • " " " " " 1856, . . . . . 341 80
  • " " " " " 1859, . . . . . 2,099 60
  • " " " " " 1860, . . . . . 94,666 49
  • " " " " " 1861, . . . . . 1,071 94
  • " " " " fines, . . . . . 5,139 91
  • " " " " licenses, . . . . . 3,956 88
  • " " " " auction tax, . . . . . 448 90
  • " " " under Convention ordinance No. 33, relative to public lands, . . . . . 1,249 03
  • " amount received from voluntary contribution, . . . . . 500 00
  • " " invested by Governor and Comptroller in the State stocks issued under Convention ordinance No. 34: From School Fund, . . . . . $5,000
  • From Seminary Fund, . . . . . 1,000
  • ----6,000
  • " amount from Secretary of State from sale of books, . . . . . 6 00
  • " " " issue of treasury notes, . . . . . 18,950 00
  • [total] . . . . . $135,084 09

    1861. CR.

  • Nov. 1--By balance last report, Nov. 1, 1860, . . . . . $4 43
  • " amount paid former employees of U. S., under Convention ordinance 33, relative to public lands, . . . . . 1,389 93
  • " amount paid former U. S. Surveyors, . . . . . 400 00
  • " " " for equipment of troops, . . . . .3,334 55
  • " " " for treasury certificates, . . . . . 198 25
  • " " " under special acts, . . . . . 1,930 70
  • " " " for General Conventions, . . . . . 14,402 74
  • " " " for Presidential election, . . . . . 90 60
  • " " " for tenth General Assembly, . . . . . 26,894 55
  • " " " for public property and repairs of Capitol, . . . . . 864 22
  • " " " for post mortem examinations, . . . . . 551 00
  • " " " maintenance of lunatics, . . . . . 257 98
  • " " " Contingent Fund, . . . . . 6,971 55
  • " " " Supreme Court conting't expenses, . . . . . 971 46
  • " " " criminal prosecutions and contingent expenses Circuit Courts, . . . . . 23,937 62
  • " " " for jurors and State witnesses, . . . . . 27,234 21
  • " " " Military Department, . . . . . 75 00
  • " " " Judicial " . . . . . 11,916 66
  • " " " Executive " . . . . . 4,050 00
  • " " " interest on State debt, . . . . . 9,601 20
  • " balance, . . . . . 11 87
  • [Total] . . . . . $135,084 09

Page 13

The Treasurer in account with the School Fund:

    1860. DR.

  • Nov. 1--To balance per report of this date, . . . . . $13,122 04
  • 2--"amount received from H. A. Corley, Register, . . . . . 892 69
  • Dec. 3--" " " " " " . . . . . 1,178 70
    • 1861,

    • Feb. 7--" " " " " " . . . . . 1,164 84
    • Mar. 4--" " " " " " . . . . . 466 79
    • Apr 23--" " " " city of Tallahassee on loan, . . . . . 236 00
    • May 13--"" " " H. A. Corley, Register,. . . . . 2,635 66
    • Aug. 1--" " " " " " . . . . . 795 65
    • Oct. 1--" " " " " " . . . . . 259 34
    • " " " on interest account, viz:

    • From Putnam county, on loan, . . . . . 340 00
    • From city of Tallahassee, on loan, . . . . . 528 00
    • 868 00
  • $21,619 71
  • To balance of cash on hand, . . . . . $371 86
    • Other assets, viz:

    • Bond of city of Tallahassee, . . . . . $3,300 00
    • " Gadsden county, (balance,) . . . . . 2,071 37
    • 5,371 87
    • 5,743,23
  • NOTE.--Delivered to Gov. Perry, under resolution No. 4 of the General Assembly-- Virginia and North Carolina State stocks, . . . . . $41,500 00

    1860. CR.

  • Dec. 1--By paid Warrant 927 for M. S. Perry, Governor, Resolution No. 4, 1860,) . . . . . $13,000 00
    • 1861.

    • Feb. 12--By paid Warrant 985 for H. A. Corley, Register, . . . . . 175 00
    • " " 276 for J. McDougall, . . . . . 11 63
    • Apr. 6-- " " 496 for Dyke & Carlisle, . . . . . 5 00
    • May 13--"" 474 for H. A. Corley, Register, . . . . . 264 00
    • " " 541 " " . . . . . 175 00
    • " " 1,203 " " . . . . . 46 50
    • " " 1,593 for J. A. Vaughn, . . . . . 290 90
    • Aug. 8-- " " 1,547 for H. A. Corley, Register, . . . . . 175 00
    • Oct. 3-- " " 1,752 for R C. Williams, Comptroller, for investment, act 26, chap. 338, . . . . . 5,000 00
  • By amount interest money disbursed to School Teachers, on warrants, . . . . . 1,929 82
  • " balance, . . . . . 361 86
  • [Total] . . . . . $21,619,71

Page 14

The Treasurer in account with the Seminary Fund:

    1860. DR.

  • Nov. 1--To balance per report this date, . . . . . $488 66
  • 2--To amount received from H. A. Corley, Register, . . . . . 53 90
  • Dec. 3-- " " " " " " . . . . . 23 43
    • 1861.

    • Feb. 7-- " " " " " " . . . . . 1,774 72
    • Mar. 4-- " " " " " " . . . . . 446 83
    • Aug. 1-- " " " " " " . . . . . 227 45
    • Oct. 1-- " " " " " " . . . . . 149 47
    • " balance, . . . . . 147 94
  • $3,312 00
    • Assets: Duval county bond, . . . . . 1,000 00
    • Land notes, . . . . . 666 57
    • $1,666 56
  • NOTE--Delivered to Gov. Perry, under resolution No. 4 of General Assembly-- Virginia, North Carolina and Georgia State bonds, . . . . . 48,500 00

    1861, CR.

  • Feb. 12--To paid Warrant 586 for H. A. Corley, Register, . . . . .175 00
  • " " 277 for J. McDougall, . . . . . 8 00
  • Mar. 20--"" " 542 for H. A. Corley, Register, . . . . . 175 00
  • " " 1,204 " " 39 00
  • Oct. 3-- " " " 1,753 for R C. Williams, Comptrol'r, act 27, chap. 338, (for investment,) . . . . . 1,000 00
  • To paid Warrant 1,729, for H. A. Corley, Register . . . . . 175 00
  • " " 706 for W. T. Harrison for East Florida Seminary, . . . . . 745 00
  • To paid Warrant 44 for G. M. T. Brinson for West Florida Seminary, . . . . . 75 00
  • To paid Warrant 3 for J. L. Demilly for West Florida Seminary, . . . . . 745 00
  • $3,312 00
  • 1861.
    Nov. 1--By balance, . . . . . 147 94

Page 15

A Summary of the Receipts and Disbursements at the Treasury from the first day of November, 1860, to the 31st of October, 1861.

    RECEIPTS.

  • On account of State of Florida from revenue sources, . . . . . $116,134 09
  • From treasury notes, . . . . . 18,950 00
  • ----$135,084 09
  • On account of School Fund, . . . . . 21,619 71
  • " Seminary Fund, . . . . . 3,164 06
  • $159,867 86
  • Balance Seminary Fund, . . . . . 147 94
  • [Total] . . . . . $160,015 80

    DISBURSEMENTS.

  • On account of State of Florida, . . . . . $135,072 22
  • " School Fund, . . . . . 21,247 85
  • " Seminary Fund, . . . . . 3,312 00
  • $159,632 07
  • Balance State, . . . . . 11 87
  • School Fund, . . . . . .371 86
  • ----383 73
  • [Total] . . . . . $160,015 80


Page 16

REGISTER'S REPORT.

STATE REGISTER'S OFFICE,
November 1st, 1861.

To His Excellency JOHN MILTON,
Governor of Florida:

        SIR: As Register of Public Lands, I have the honor to submit to your Excellency the following report:

SEMINARY FUND.

        From October 31, 1860, to November 1, 1861, I have sold of the lands belonging to this fund, 361 52-100 acres, at an average price of $1.82 per acre, producing in cash $195.54, and in bonds $521.85.

        The receipts on account of this fund during the year were $2,684.73.

SCHOOL FUND.

        From October 31, 1860, to November 1, 1861, I have sold of the lands belonging to this fund, 2,604 34-100 acres, of which 164 acres were sold at $2 per acre, and the remainder at $1.25 per acre.

        The receipts on account of this fund during the year were $8,135.34, of which $14.40 were received from the sale of wrecked and derelict property in Manatee county.

COMMON SCHOOLS.

        I have received no report from the Comptroller shewing that any interest has been received this year upon the Common School Fund, and consequently no apportionment of such interest has been made.


Respectfully,

HUGH A. CORLEY, Register.


Page 17

ATTORNEY GENERAL'S REPORT.

OFFICE OF THE ATTORNEY GENERAL,
TALLAHASSEE, NOV. 11, 1861.

To His Excellency JOHN MILTON, Governor