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


Funding from the Institute of Museum and Library Services
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Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2000.

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


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Library of Congress Subject Headings, 21st edition, 1998

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Illustration


SENATE JOURNAL.

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

OF THE

State of Florida,

AT THE
TENTH SESSION,

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

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


Page 3

SENATE JOURNAL.

MONDAY, November 26th, 1860.

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

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

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

        A quorum present.

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

ONE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

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

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

        Mr. McQueen nominated T. J. Eppes.


Page 4

        Mr. McCall nominated J. T. Magbee.

        Mr. Magbee withdrew his name.

        The vote was:

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

        For MAGBEE--Mr. McCall--1.

        BLANK--Mr. Eppes--1.

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

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

ADDRESS:

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

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

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

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

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



Page 5

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

        Which motion was agreed to.

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

        Mr. McCall nominated F. C. Barrett.

        The vote was:

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

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

        BLANK--Mr. Baldwin--1.

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

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

        Which amendment was lost.

        The motion being put to vote, was adopted.

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

        Mr. McQueen nominated Edward M. West.

        Mr. McCall nominated F. C. Barrett.

        The vote was:

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

        For BARRETT--W. W. McCall--1.

        For Engrossing Clerk, Mr. McQueen nominated Luke Lott.

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

        The vote was:

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

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

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

        The vote was:

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

        BLANK--Mr. McCall--1.

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

        Mr. Davidson, nominated Edward Brown.

        The vote was:

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


Page 6

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

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

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

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

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

        Joint resolution in relation to the Convention; and

        Joint resolution in relation to adjournment.

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

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

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

        Which was adopted.

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

        Which was adopted.

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

TUESDAY, November 27, 1860.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Journal of yesterday was read and adopted.

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

        The President announced the following Standing Committees:


Page 7


Page 8

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

        Mr. Davidson nominated B. G. Pringle.

        Mr. Dawkins nominated J. D. Bassett.

        Mr. Magbee nominated R. L. Bruce.

        The vote was:

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

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

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

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

        On the second ballot, the vote was:

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

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

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

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

        The vote was:

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

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

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

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


Page 9

        Mr. Dawkins withdrew the name of Mr. Bassett.

        Another ballot was taken, and the vote was:

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

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

        Mr. Bruce was declared elected Assistant Secretary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Page 10

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

        Mr. Call pursuant to previous notice, introduced,

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

        Joint resolution in relation to the Convention; and,

        Joint resolution in relation to adjournment.

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

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

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

        Which upon motion, was laid upon the table.

        The following message was received from the Governor:

GOVERNOR'S MESSAGE.

Executive Department,
Tallahassee, November 26th, 1860.

Gentlemen of the Senate and House of Representatives:

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

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


Page 11

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

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

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

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

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


Page 12

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

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


Page 13

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

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


Page 14

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

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

Very respectfully,

M. S. PERRY.


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

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

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

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


Page 15

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

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

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

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

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

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

        So said motion was lost.

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

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

REPORT:

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

GEO. W. CALL, Ch'n.


ORDERS OF THE DAY.

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

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

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

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

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

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

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


Page 16

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

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

THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

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

Washington City, Nov. 20, 1860.

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

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

Respectfully, your serv.'t,

D. L. YULEE.


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

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

        Mr. Call asked leave to introduce the following bills:

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

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

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

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

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

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

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


Page 17

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

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

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

WEDNESDAY, November 28, 1800.

        The Senate met pursuant to adjournment.

        A quorum present.

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

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

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

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

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

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

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

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

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

        Which was adopted.

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

        Which was adopted.


Page 18

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

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

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

        Which was adopted.

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

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

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

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

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

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

        A bill to be entitled an Act concerning replevin;

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

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

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

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

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

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

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

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

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


Page 19

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

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

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

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

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

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

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

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

        Which were placed among the orders of the day.

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

        Pursuant to previous notice Mr. Davidson introduced,

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

        Which was placed among the orders of the day.

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

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

        Mr. Chain introduced the following resolution:

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

        Which was placed among the orders of the day.

        The following message was received from the House of Representatives:

House of Representatives,
November 28, 1860.

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

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


Page 20

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

Very respectfully,

A. J. PEELER,
Clerk House Representatives.


        Which was received and read.

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

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

REPORT:

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

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

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

        Also, add the following, to be numbered--

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

GEO. W. CALL, Chairman.


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

STANDING RULES OF THE SENATE.

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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


Page 22

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

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

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

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

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

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

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

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

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


Page 23

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

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

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

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

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

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

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

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


Page 24

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

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

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

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

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

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

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

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

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

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


Page 25

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

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


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

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

REPORT:

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

GEO. W. CALL,
Chairman of Senate Committee.

D. P. HOLLAND,
Chairman of House Committee.


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

REPORT:

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

P. B. BROKAW, Chairman.



Page 26

        The following communication was received from the Governor.

Executive Department,
Tallahassee, November 27, 1860.

Gentlemen of the Senate and House of Representatives:

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

Very Respectfully,

M. S. PERRY.


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

ORDERS OF THE DAY.

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

        Was read the second time.

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

        Which was lost.

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

TWO MINUTES BEFORE TWELVE O'CLOCK, M.

        Senate resumed its session.

        A quorum present.

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

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

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

THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

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


Page 27

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

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

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

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

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

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

        The vote was:

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

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

        So the motion was lost.

        The bill was then put upon its passage;

        Upon which the vote was:

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

        Nays--none.

        So said bill passed--title as stated.

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

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

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

THURSDAY, November 29, 1860.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.


Page 28

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        By Mr. Call:

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

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

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

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

        A bill to be entitled an Act concerning Replevin.


Page 29

        By Mr. Walker:

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

        By Mr. Chain:

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

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

        By Mr. Bowers:

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

        By Mr. Baldwin:

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

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

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

        Which was adopted.

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

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

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

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

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

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

        A bill to establish Notaries' fees;

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

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

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

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

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


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

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

REPORT:

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


Page 31

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

        All of which is most respectfully submitted.

JAMES T. MAGBEE, Chairman.


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

ORDERS OF THE DAY.

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

        Came up on its first reading; and

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

        The vote was:

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

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

        So said resolution passed--title as stated.

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

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

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

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

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

        The vote was:

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

        Nays--none.

        So said bill passed--title as stated.

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

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

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


Page 32

REPORT:

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

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


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

        The vote was:

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

        Nays--none.

        So said bill passed--title as stated.

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

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

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

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

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

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

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

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

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

        Which was adopted.

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

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

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


Page 33

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

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

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

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

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

        Resolution for the relief of L. I. Fleming;

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

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

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

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

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

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

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

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

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

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

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

        The following communication was received from the House of Representatives:


Page 34

House of Representatives,
November 29, 1860.

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

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

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

Very Respectfully,

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


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

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

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

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

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

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

THREE MINUTES BEFORE 12 O'CLOCK, M.

        The Senate resumed its session.

        A quorum present.

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

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

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

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

        A bill to be entitled an Act concerning replevin;


Page 35

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

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

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

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

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

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

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

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

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

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

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

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

        On motion, the Senate repaired to the Representative Hall.

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

        The President having stated the object of the joint meeting;

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

        The vote was:

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

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

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

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

        The vote was:

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


Page 36

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

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

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

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

        The vote was:

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

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

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

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

        The joint Assembly then proceeded to another ballot;

        The vote was:

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

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

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

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

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

        The President declared nominations in order.

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

        The vote was:

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

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

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

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

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

        The joint Assembly then proceeded to another ballot.

        The vote was:


Page 37

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

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

        BLANK--Mr. Davidson--1.

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

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

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

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

THREE O'CLOCK, P. M.

        Senate resumed its session.

        A quorum present.

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

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

        The following resolution was received from the House of Representatives:

House of Representatives,
November 29, 1860.

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

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

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

Very respectfully,

A. J. PEELER,
Clerk House of Representatives.


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

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


Page 38

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

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

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

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

        Which was adopted.

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

        Which was agreed to.

        Mr. Dawkins then introduced the following bill:

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

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

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

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

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

        Resolution in relation to electing a United States Senator.

        TILLMAN INGRAM Ch'm.

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

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

        Which was adopted.


Page 39

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

        Which motion was lost.

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

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

        The vote was:

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

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

        So said motion was lost.

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

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

        From which decision an appeal was taken;

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

        The vote was:

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

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

        So the decision of the Chair was sustained.

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

        Which motion was lost.

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

        Which motion was lost.

        The following message was received from the House of Representatives:

House of Representatives,
November 29th, 1860.

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

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

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

Respectfully,

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



Page 40

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

        The following message was received from the House of Representatives:

House of Representatives,
November 29th, 1860.

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

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

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

Respectfully,

A. J. PEELER,
Clerk House of Representatives,


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

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

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

        The vote was:

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

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

        So said motion was lost.

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

        Which motion was adopted.

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

        Mr. Dawkins offered the following substitute:

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

        Which was adopted.

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

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

        Upon which the vote was:

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

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


Page 41

        So the adoption of said amendment was reconsidered.

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

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

        The vote was:

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

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

        So the amendment was lost.

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

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

        The vote was:

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

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

        So the motion was lost.

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

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

        The vote was:

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

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

        So said amendment was adopted.

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

        Which motion was adopted.

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

        Which was adopted.

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

        Which motion was lost.

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

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


Page 42

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

        A Resolution in relation to the Convention;

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

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

FRIDAY, November 30, 1860.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.

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

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

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

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

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

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

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

        Which was adopted.

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

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

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

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

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

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

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

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


Page 43

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

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

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

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

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

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

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

        Which was adopted.

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

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

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

        The Committee on Enrolled Bills made the following report:

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

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

Respectfully submitted,

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


        The Committee on Claims and Accounts made the following report:

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

REPORT:

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

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



Page 44

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

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

REPORT:

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

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


        Which report was recived and read.

ORDERS OF THE DAY.

        House Resolution in regard to the election of State Officers;

        Was read a first time rule waived and read a second and third time and put upon its passage;

        Upon which the yeas and nays were called for by Messrs. Dawkins and Duncan;

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Bowers, Brokaw and Walker--5.

        Nays--Mr. President, Messrs. Call, Chain, Dawkins, Davidson, Duncan, Ingram, Jones, McQueen, Rogers, Starke, Simkins and Watlington--13.

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

        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 allow James R. Green, of Gadsden county, to contract and be contracted with;

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

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Bowers, Call, Chain, Davidson, Duncan, Jones, McCall, McQueen, Rogers, Starke, and Simkins--13.


Page 45

        Nays--Messrs. Brokaw, Magbee and Walker,--3.

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

        Was read a second time, amended and referred to Committee on Judiciary.

        The following message was received from his Excellency the Governor:

Executive Department,
Tallahassee, November 30, 1860.

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

        Sir: I respectfully recommend the following nomination for the advice and consent of the General Assembly:

        Nassau County:

        Auctioneer--E. J. Acosta.

Very respectfully,

M. S. PERRY.


        Which communication was received and the appointment concurred in.

        A bill to be entitled an Act to suspend the action of sections 6th and 7th of the General Banking Law of the State of Florida;

        Mr. Baldwin moved that the rules be waived, and that the bill be read a third time and put upon its passage;

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

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Dawkins, Duncan, Ingram, Jones, McCall, McQueen, Rogers, Starke, Simkins and Walker--14.

        Nays--Messrs. Abercrombie, Bowers, Chain, Davidson and Magbee--5.

        Mr. McCall moved that the rules be waived and the bill be read a third time;

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

        The vote was:

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

        Nays--Messrs. Abercrombie, Bowers, Chain, Davidson and Simkins--5.

        On motion of Mr. Rogers the bill was referred to the Committee on Judiciary.


Page 46

        A bill to be entitled an Act to amend the Pilot laws of Fernandina;

        Mr. Call moved that the rule be waived and allow the bill to be read a third time;

        Which motion the Chair decided was lost, four-fifths of the Senate not voting in the affirmative.

        Mr. Call appealed from the decision of the Chair;

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

        The vote was:

        Yeas--Messrs. Bowers, Brokaw, Chain, Dawkins, Jones, McCall and Walker--7.

        Nays--Messrs. Abercrombie, Baldwin, Call, Davidson, Duncan, Ingram, Magbee, McQueen, Rogers, Starke, Simkins and Watlington--12.

        So the decision of the Chair was not sustained.

        The bill was then read a third time by its title, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Call, Dawkins, Davidson, Duncan, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Starke, Simkins, Walker and Watlington--18.

        Nays--Messrs. Brokaw and Chain--2.

        So said bill passed--title as stated.

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

        On motion the rule was waived, and the committee on Engrossed bills made the following report:

        The committe on Engrossed bills beg leave to report the following Resolution as correctly engrossed:

        Joint Resolution in relation to adjournment.

Respectfully submitted,

TILLMAN INGRAM,
Chairman Committee on Engrossed Bills.


        So said report was received, and on motion the Resolution placed first among the orders of the day.

        Engrossed Joint Resolution, in relation to adjournment;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Jones, McCall, McQueen, Rogers, Starke, Simkins and Watlington--17.

        Nays--Messrs. Bowers and Magbee--2.

        So said Resolution passed--title as stated.


Page 47

        And a committee, consisting of Messrs. Chain, Brokaw and Rogers, were appointed to convey said resolution to the House;

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

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

        A bill to be entitled an Act concerning Pilotage for the port of Cedar Keys;

        Which was placed among the orders of the day.

        The rules being waived, Mr. Dawkins moved that the Senator from Columbia be excused from further attendance on the General Assembly after 3 o'clock this evening;

        Which was adopted.

        The committee on Engrossed bills made the following report:

        The committee on Engrossed bills beg leave to report the following bill and resolution as correctly Engrossed:

        Joint resolution in relation to the Convention; and

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

Respectfully submitted,

TILLMAN INGRAM,
Chm'n Com. on Engrossed bills.


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

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Jones, Magbee, McCall, McQueen, Rogers, Starke, Simkins and Walker--18.

        Nays--none.

        So said bill passed--title as stated.

        On motion, a committee consisting of Messrs. McCall, Dawkins and McQueen were appointed to convey said bill to the House of Representatives.

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

        Engrossed joint resolution in relation to the convention;

        Was read the third time.

        On motion the rule was waived, and the resolution put back upon its second reading.

        Mr. Call moved that the words "Supreme Court Room" be stricken out and "a room" inserted in lieu thereof;

        Which was adopted.

        The rule was then waived, and the resolution read a third time and put upon its passage as amended;


Page 48

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins and Walker--16.

        Nays--none.

        So said resolution passed--title as stated.

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

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

        Was read the second time, and referred to the committee on Claims and Accounts.

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

        Was read the second time, and on motion referred to the committee on Internal Improvements, and 80 copies of same ordered to be printed.

        A bill to be entitled an Act concerning Replevin;

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

        A bill to be entiled an Act to repeal so much of the Act approved January 7, 1859, as consolidates the offices of Tax Assessor and Collector and Sheriff of Wakulla 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 make Senean Brown, wife of Henry Brown, a free dealer;

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

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

        Was read the second time, and on motion of Mr. Call, referred to the committee on Internal Improvements.

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

        Was read the second time, and on motion referred to a select Committee consisting of Messrs[.] Dawkins, Bowers and Duncan.

        On motion, the rules were waived, and Mr. Call presented the resolutions of sundry citizens of Hamilton county.

        Mr. Dawkins moved that the reading of the petition be dispensed, and that it be referred to a select committee of three;

        Which was adopted; and

        Messrs. Dawkins, Duncan and Rogers appointed said committee.

        The rules being waived, Mr. Abercrombie moved that a bill to be


Page 49

entitled an Act to establish a Bank in Pensacola, be taken up and placed first among the orders of the day;

        Which was adopted.

        The rule being waived, Mr. Call from the Judiciary Committee made the following report:

        The Committee on Judiciary to whom was referred the bill entitled "an Act to suspend the action of the sixth and eleventh Sections of the general banking law of the State of Florida,

REPORT:

        That a majority of said committee recommend the passage of said bill, with the following additional sections, viz:

        SEC. 2. Be it further enacted, That the Charter of the Bank of Fernandina be and the same is hereby amended, so as to enable said Bank to suspend specie payments for the same period of time that the other Banks in this State may be law be allowed to suspend, without incurring any penalty.

        SEC. 3. Be it further enacted, That there shall be no sales under execution or other judicial process in this State, without the consent of the Defendant in Execution until the first Monday in March next, provided the Defendent in execution will give bond and security for the forthcoming on that day of all property levied upon, liable to be removed or destroyed.

        SEC. 4. Be it further enacted, That during any suspension of specie payments as aforesaid, no agency of any foreign bank shall be required to pay specie, and the State Treasurer, the Register of Public Lands, and the several Tax-Collectors and Sheriffs and other receivers of public dues, shall receive the notes of all the solvent Banks of this State, or the States of Georgia, South Carolina and Alabama, so long as the same are generally received as currency at par in any part of this State, notwithstanding any such suspension of specie payments as is herein provided for.

GEO. W. CALL,
Chairman.


        Which report was received, amendment adopted, and bill placed among the orders of the day.

        Engrossed resolution in relation to electing a United States Senator;

        Was read the third time and put upon its passage;

        The vote was:

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


Page 50

        Nays--Messrs. Baldwin, Bowers, Chain, Davidson and Duncan--5.

        So said resolution passed--title as stated.

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

        Engrossed resolution relative to the price of public lands in this State;

        Was read the third time;

        The rules being waivd, Mr. Baldwin moved that the bill just read be put back upon its second reading;

        Which was adopted.

        Mr. Baldwin moved to refer the bill to the committee on Internal Improvements;

        Which motion was adopted;

        House bill to be entitled an Act to quiet titles, and to prevent unjust and vexations litigation in the county of Escambia;

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

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Jones, Magbee, McQueen, Rogers, Starke and Simkins--15.

        Nays--none.

        So said bill passed--title as stated.

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

        Resolution in reference to action of State Convention;

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

        Mr. Call moved to strike out after the words "convened," and insert the words "that this General Assembly having implicit confidence in the wisdom and patriotism of the people and the delegates whom they will select to the Convention, commit to them the interest of the State without a suggestion as to the course proper to be pursued."

        Mr. McCall moved the indefinite postponement of Resolution and amendments;

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

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Dawkins, Jones, Magbee, McCall, McQueen, Rogers, Starke and Simkins--12.

        Nays--Messrs. Bowers, Chain, Davidson and Duncan--4.

        Se said resolution and amendments were indefinitely postponed.

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


Page 51

THREE O'CLOCK P. M.

        The Senate resumed its session.

        A quorum present.

        The rules being waived, the committee on Corporations made the following report:

        The committee on Corporations to whom was referred a bill to be entitled an act to charter the Southern Export company,

REPORT:

        That they have had the same under consideration, and finding that the Constitutional notice has been given, recommend the passage of said bill, with the following amendment, viz: add to the 6th Section the following: "Provided, however, that nothing in this Act shall be so construed as to grant to said corporation banking privileges.

        All of which is respectfully submitted,

JAS. T. MAGBEE, Chm'n.


        Which report was received, amendments adopted and bill placed first among the orders of the day.

        Mr. Ingram moved that the rules be waived to permit the committee on Engrossed bills to make a report:

        Which was adopted.

        The committee on Engrossed bills beg leave to report the following bill as being correctly engrossed:

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

Respectfully submitted,

TILLMAN INGRAM,
Chm'n Committee on Engrossed bills.


        Which report was received, and on motion, the bill placed first among the orders of the day, and rule waived, read the third time and put upon its passage:

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Magbee, McQueen, Rogers, Starke and Simkins--15.

        Nays--none.

        So said bill passed--title as stated.

        And on motion, a committee was appointed consisting of Messrs. Abercrombie, Starke and Rogers to convey said bill to the House;

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


Page 52

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

        Was read the second time and referred to the committee on Militia.

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

        Was read the first time, rules waived, read the second time and referred to the committee on Militia.

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

        Was read the first time, rule waived, read a second time and referred to the committee on Militia.

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

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

        Mr. Call moved that the rules be waived to permit him to introduce a bill without previous notice;

        Which was adopted.

        A bill to be entitled an Act to change the name of Catharine Joiner;

        Was read the first time, rule waived, read the second and third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Magbee, McQueen, Rogers, Starke, Walker and Watlington--16.

        Nays--none.

        So the bill passed--title as stated.

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

        On motion the rules were waived, and Mr. Dawkins was permitted to make the following report:

        The select committee to whom was referred a petition from sundry citizens of Hamilton county, have considered the same and recommend the passage of the following bill.

D. C. DAWKINS, Chm'n.


        A bill to be entitled an Act restoring the right of suffrage and other privileges to Josiah Bird, of Hamilton county;

        Which was received, and bill read first and second times and ordered to be engrossed for a third reading on to-morrow.

        The rule was waived, and Mr. Dawkins, from select committee permitted to make the following Report:

        The select committee to whom was referred a bill to be entitled an Act to amend an Act to provide for the payment of costs by


Page 53

Plaintiffs in the Western Judicial Circuit, passed at the adjourned session of 1859, and approved by the Governor, December 21st, 1859, has considered the same, and recommend its passage with the following amendment:

        "Strike out Section 2."

D. C. DAWKINS, Chm'n.


        Which was recived and bill ordered to be Engrossed for a third reading on to-morrow.

        On motion the rule was waived, and Mr. McQueen from committee on Militia, made the following report:

        The committee on Militia, to whom was referred the bill to be entitled "an act providing for a State Uniform and Flag," have considered the said bill, and beg leave to recommend its passage.

        J. W. McQUEEN, Chm'n.

        Which was received.

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

        Was read the first time, rule waived, read second and third times and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Chain, Davidson, Duncan, Ingram, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington--16.

        Nays--None.

        So said bill passed--title as stated.

        On motion a committee consisting of Messrs. Abercrombie, Simkins and Brokaw were appointed a special committee to convey said bill to the House.

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

        Mr. Baldwin moved that the rules be waived for the purpose of reconsidering the vote on the amendment to the bill for allowing the banks to suspend specie payment, &c.;

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

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Call, Ingram, McQueen, Starke and Simkins--8.

        Nays--Messrs. Brokaw, Chain, Davidson, Duncan, Magbee, Rogers and Walker--7.

        So said motion was lost.

        A bill to be entitled an act regulating pilots and pilotage of the Bay of Pensacola;


Page 54

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

        A bill to be entitled an Act declaring who shall be held and considered as Orphans;

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

        A bill to be entitled an Act to establish Notary fees;

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

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

        Was read the first time, and on motion, laid on the table until the 8th day of January, 1861.

        On motion the rule was waived, and Mr. Call from Committee on Judiciary made the following report:

        The Committee on the Judiciary, to whom was referred a bill to be entitled an Act to make Senean Brown, wife of Henry Brown, a free dealer,

REPORT

        That they have had the same under consideration, and herewith return the same to the Senate and recommend its passage.

GEO. W. CALL,
Chairman Judiciary Committee.


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

        On motion the rule was waived, and Mr. Baldwin from the Committee on Claims and Accounts made the following report:

        The Committee on Claims and Accounts, to whom was referred a bill to be entitled an Act for the relief of A. J. Peeler and others

REPORT

        That they have had the same under consideration and find that the duty for which the charges have been made was done by the parties named in the bill; hence they seem, in justice, to be entitled to their pay; therefore, the Committee recommend its passage.

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


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

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


Page 55

        Was read a first time, and on motion, the rule waived, read a second and third times, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington--17.

        Nays--none.

        So said bill passed--title as stated.

        On motion, Messrs. Chain, Baldwin and Simkins were appointed a committee to convey said bill to the House of Representatives.

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

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

        Was read a second time, rule waived, read a third time by its title, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington--17.

        Nay--Mr. Duncan--1.

        So said resolution passed--title as stated.

        Ordered that same be certified to the House of Representatives.

        The rules being waived, Mr. Call introduced,

        A bill to be entitled an Act to provide against failure of representation in the counties of Dade and Monroe in the Convention;

        Which was read a first, second and third times and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington--16.

        Nays--None.

        So said bill passed--title as stated.

        On motion, a Committee consisting of Messrs. Call, Davidson and Jones were appointed to convey said bill to the House of Representatives.

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

        On motion, the rules were waived, and Mr. Ingram made the following report:

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

        A bill to be entitled an Act to repeal so much of the act approved


Page 56

January 7th; 1859, as consolidates the offices of Sheriff and Tax Assessor and Collector in Wakulla county.

Respectfully submitted,

TILLMAN INGRAM, Chairman.


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

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

        Was read a second time; and

        On motion, ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an Act to suspend the article of sections 6th and 7th of the General Banking law of this State;

        Mr. Baldwin moved that the rule be waived and the bill be read a third time;

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

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Dawkins, Ingram, Jones, McQueen, Starke and Simkins--10.

        Nays--Messrs. Abercrombie, Chain, Davidson, Magbee Rogers and Walker--6.

        So said motion was lost.

        Resolution for the relief of L. I. Fleming;

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

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers, Starke and Walker--15.

        Nays--None.

        So said bill passed--title as stated.

        On motion, a committee consisting of Messrs. Baldwin, Jones and Dawkins was appointed to convey said resolution to the House of Representatives.

        After a short absence the committee returned and reported that they had performed that duty and were discharged.

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

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

        A committee from the House notified the Senate that the House had appointed a select Committee of three, authorizing them to act with a similar committee on the part of the Senate in regard to the General Appropriation bill.


Page 57

        The following message was received from the House of Representatives:

House of Representatives,
November 30th, 1860.

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

        Sir:--The House has this day passed the following bills and resolution, viz:

        A bill to be entitled an Act authorizing the Judge of the Middle Circuit to hold an extra term of the Circuit Court for Hamilton county;

        A bill to be entitled an Act for the relief of A. J. Peeler Clerk of the Supreme Court;

        A bill to be entitled an Act for the establishment of the records of Columbia county and for other purposes; and

        A resolution relative to the adjournment, &c.

Respectfully,

A. J. PEELER,
Clerk House of Representatives.


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

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

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

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

        Mr. Rogers moved that the section be stricken out;

        Upon which the yeas and nays were called for by Messrs. Davidson and Duncan;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Chain, Davidson, Duncan, Ingram, Jones, McQueen, Rogers, Starke, Simkins and Watlington--14.

        Nays--Messrs. Brokaw, Call, Dawkins and Walker--4.

        So said motion was adopted.

        House bill to be entitled an Act for the relief of A. J. Peeler, Clerk the Supreme Court;

        Was read the first time, rule waived, read the second and third times, and put upon its passage;

        The vote was:

        Yeas--Mr[.] President, Messrs[.] Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington--16.


Page 58

        Nays--Messrs. Davidson and Duncan--2.

        So said bill passed--title as stated.

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

        Mr. Davidson moved that the House adjourn.

        Mr. Rogers moved a call of the House.

        The following Senators answered to their names.

        Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington.

        On motion, the further calling of the House was dispensed with.

        Mr. Davison withdrew his motion to adjourn.

        On motion, the bill for the relief of A. J. Peeler and others, was referred to a select committee consisting of Messrs. Call, Baldwin and Rogers.

        A Committee from the house appeared and reported that the House had ordered them to return Senate bill for the relief of Gen. Wm. E. Anderson and others, and request the Senate to fill the blank in said bill and return the same to the House.

        On motion the bill was placed among the orders of the day to come up on its second reading on to-morrow.

        On motion of Mr. Dawkins, the vote on the bill to be entitled an Act for the relief of Gen. Wm. E. Anderson was re-considered.

        Mr. Dawkins moved that the word "dollars" after the blank be stricken out, and insert the words, "the accounts of Gen. William E. Anderson and others under his command;"

        Which motion was adopted, and bill ordered to be engrossed for a third reading on to-morrow.

        On motion of Mr. Davidson the Senate adjourned until half-past 9 o'clock to-morrow morning.

SATURDAY, December 1st, 1860.

        The Senate met pursuant to adjournment.

        A quorum present.

        The reading of yesterday's minutes were dispensed with.

        Mr. Dawkins moved that the bill for the relief of Gen. Wm. E. Anderson and others, be placed first among the orders of the day.

        The following communication was received from the Governor:


Page 59

Executive Department,
Tallahassee, November 30, 1860.

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

        SIR: I have approved and signed the following bill:

        An Act to provide for calling a Convention of the people of the State of Florida.

Very Respectfully,

M. S. PERRY.


        Which was read.

        The following communication was received from the Treasurer:

Treasury Office,
Tallahassee, Nov. 30, 1860.

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

        SIR: Agreeable to a Senate Resolution of yesterday, I herewith enclose a statement, showing the amount of Taxes paid by each county in the State during the year ending 1st inst.

        The statement showing the amount of expenses for Jurors and State Witnesses, and Criminal Prosecutions, for each of the Counties, cannot be made up at this office, the statements and accounts pertaining to these expenses are deposited in the Comptroller's Office.

        The aggregate amount expended for Jurors and Witnesses for all the Courts in the period as above, is $30,296.84, that for Criminal Prosecutions, $21,818.82.

Respectfully,

C. H. AUSTIN,
Treasurer.


        Which was read and ordered to be spread upon the Journal.

        The following message was received from the House of Representatives:

House of Representatives,
November 29, 1860.

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

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

        A bill to be entitled an Act to amend the Military laws now in force in this State.

Very respectfully,

A. J. PEELER,
Clerk House Representatives.



Page 60

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

        Mr. Call introduced the following joint Resolution postponing the hour of adjournment:

        Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the hour of adjournment on Saturday, the first day of December, be postponed from Noon until fifty-five minutes past eleven o'clock.

        Which was lost.

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

        Joint Resolution in relation to the Comptroller's office;

        Which was read the first time, rule waived, read second and third times, and put upon its passage.

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Magbee, McQueen, Starke, Walker and Watlington--13.

        Nays--Messrs. Bowers, Davidson and Jones--3.

        So said resolution passed--title as stated.

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

        Mr. Ingram, from the Committee on engrossed Bills, made the following report:

        The Committee on Engrossed Bills beg leave to report as correctly engrossed:

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

TILLMAN INGRAM,
Chairman.


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

ORDERS OF THE DAY.

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

        Was read the third time and put on its passage.

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Chain, Dawkins, Duncan, Ingram, Jones, Magbee, McQueen, Rogers, Starke and Walker--14.

        Nays--none.

        So said bill passed--title as stated.

        consisting of Messrs. Dawkins, Duncan


Page 61

and Walker, were appointed to convey the bill to the House, who, after a short absence, returned and reported that they had performed that duty, and were discharged.

        The rule was waived, and Mr. Ingram, from the Committee on engrossed bills, made the following report:

        The Committee on engrossed bills beg leave to report the following bill as correctly engrossed:

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

Respectfully submitted,

TILLMAN INGRAM, Chairman.


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

        Mr. Ingram 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:

        A bill to be entitled an Act restoring the right of suffrage to Josian Bird of Hamilton county; and

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

Respectfully submitted,

TILLMAN INGRAM, Chairman.


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

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

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Duncan, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Walker and Watlington--17.

        Nays--none.

        So said bill passed--title as stated.

        On motion, a committee consisting of Messrs. Call, Walker and Watlington were appointed to convey said bill to the House, who, after a short absence returned and reported they had performed that duty and were discharged.

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

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Ingram, Magbee, McQueen, Rogers and Walker--10.

        Nays--Messrs. Bowers, Chain, Jones and Watlington--4.

        So said bill passed--title as stated.


Page 62

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

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

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Magbee, McQueen, Starke, Simkins, Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        On motion, a committee consisting of Messrs. Rogers, Ingram and Walker were appointed to convey said bill to the House, who, after a short absence returned and reported that they had performed that duty and were discharged.

        House bill to be entitled an Act to authorize the Judge of the Middle Circuit of Florida, to hold an extra term of the Circuit Court of Hamilton county;

        Was read the first time, rule waived and read a second and third times and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Duncan, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins and Walker--16.

        Nays--none.

        So said bill passed--title as stated.

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

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

        Was read the third time and put upon its passage;

        Upon which the vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Dawkins, Davidson, Duncan, Ingram, McQueen, Rogers, Starke and Simkins--12.

        Nays--Messrs. Abercrombie, Brokaw, Chain, Magbee, Walker and Watlington--6.

        So said bill passed--title as stated.

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

        The rule was waived, and committee on engrossed bills made the following report:

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

        A bill to be entitled an Act to suspend the action of section 6th


Page 63

and 7th of the general banking law.

TILLMAN INGRAM Ch'm.


        Which report was received, and bill placed among the orders of the day.

        A bill to be entitled an Act to suspend the action of section 6th and 7th of the general banking law;

        Was read the third time.

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

        Be it further enacted, That section three of this Act shall not apply to any execution where the Plaintiff or his Attorney are willing to receive payment in the bills of solvent banks of Florida, Georgia, South Carolina or Alabama.

        Upon which the yeas and nays were called for by Messrs. Rogers and Starke:

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Call, Chain, Davidson, Ingram, Magbee, Starke, Simkins and Walker--12.

        Nays--Messrs. Brokaw, Dawkins, Duncan, McQueen and Rogers--5.

        So said amendment was lost.

        The bill was then put upon its passage;

        Upon which the vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Call, Dawkins, Duncan, McQueen, Rogers, Starke and Simkins--10.

        Nays--Messrs. Bowers, Brokaw, Chain, Davidson, Ingram, Magbee, Walker and Watlington--8.

        So said bill passed--title as stated.

        On motion, a committee consisting of Messrs. Call, Rogers and Dawkins were appointed to convey said bill to the House, which committee after a short absence returned and reported that they had performed that duty and were discharged.

        On motion, a committee consisting of Messrs. Baldwin, Jones and Dawkins was appointed to wait upon the House and request that body to return a bill to be entitled an Act to suspend the action of section 6th and 7th of the general banking law of the State of Florida;

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

        A committee appeared at the bar of the Senate and reported that they were appointed a committee on the part of the House to return a bill to be entitled an Act to suspend the action of section 6th and 7th of the general banking law of the State of Florida.

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


Page 64

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

        The following bills were read, and on motion, were laid on the table until the 8th day of January 1861:

        A bill to be entitled an Act to amend the Militia laws now in force in this State;

        A bill to be entitled an Act to establish Notary fees; and

        A bill to be entitled an Act regulating Pilots and Pilotage of the bay of Pensacola.

        A bill to be entitled an Act declaring who shall be held and considered as orphans;

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

        Mr. McQueen moved that the rules be waived to allow him to make a motion;

        Which was adopted.

        Mr. McQueen then moved to reconsider the vote on the bill to be entitled an Act to suspend the action of section 6th and 7th of the general banking laws of the State of Florida;

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

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Starke, Walker and Watlington--15.

        Nays--Messrs. Duncan, Rogers and Simkins--3.

        The Chair declared said vote reconsidered.

        Mr. Rogers appealed from the decision of the Chair;

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

        The vote was:

        Yeas--Messrs. Abercrombie, Bowers, Brokaw, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Starke, Walker and Watlington--12.

        Nays--Messrs. Baldwin, Duncan, Rogers and Simkins--4.

        So the decision of the Chair was sustained.

        Mr. Magbee then moved that the bill be laid on the table until the 8th of January, 1861;

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

        The vote was:

        Yeas--Messrs. Abercrombie, Bowers, Brokaw, Chain, Davidson, Ingram, Magbee, McQueen, Starke, Walker and Watlington--11.

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Duncan, Jones and Rogers--7.

        So said bill was laid on the table.


Page 65

        On motion, the rules were waived and Mr. Rogers presented resolutions from sundry citizens of Monroe county;

        Which were laid upon the table until the 8th of January, 1861.

        Mr. Rogers moved that the Senate concur in the House resolution to adjourn at 1 o'clock, P. M., to-day;

        Which was adopted.

        On motion, Messrs. Rogers, Magbee and Simpkins were appointed a committee to inform the House, who, after a short absence returned and reported they had performed that duty and were discharged.

        Mr. Magbee presented resolutions from sundry citizens at Cedar Keys;

        Which were read and laid upon the table.

        The following communication was received from the Comptroller:

Treasury Department,
Comptroller's Office, Nov. 30, 1860.

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

        SIR: In accordance with a resolution of the Senate, I have the honor to transmit herewith a statement showing the amount of Revenues accruing in the several counties from all sources, during the fiscal year 1860,--also the amounts due the Jurors and Witnesses of the several counties, for services rendered during the same period. The full reports of Jurors and Witnesses have not been received from the counties of Escambia, Santa Rosa, Calhoun, New River, Sumpter, Hernando, Manatee, and Monroe. The statement therefore, contains only the Spring Reports of these counties. No separate account is kept with each county for expenditures under the head of Criminal Proceedings, and I am therefore not able at this time to furnish a statement showing what amount is charged to each county under this head.

        The entire amount expended for criminal prosecutions during the last fiscal year was twenty-three thousand two hundred and seventy-four dollars and two cents ($23,274 02).

Very respectfully,

T. W. BREVARD,
Comptroller.


        Which was read, and on motion, the accopanying statements were pread upon the journal and 80 copies ordered to be printed for the use of the Senate:


Page 66

        

Statement showing the amount of Revenue due from the several Counties of the State of Florida, comprising amounts due under the heads of Revenue Proper, Auction Tax, Licenses and Fines, and also the amount due the Jurors and Witnesses of the several Counties, as shown by Clerks Reports, &c.

Counties. Revenue proper. Auction tax. Licenses. Fines. Total amount. Am't paid jurors. Amount due witnesses. Total am't due jurors and witnesses.
Escambia, $ 2,737 99 $ 91 57 $644 00 $ 173 75 $ 3,647 31 $ 371 50 $ 457 45 $ 828 95
Santa Rosa, No return,   352 50 504 95 857 45 598 50 537 40 1,135 90
Walton, 942 49     165 00 1,107 49 583 20 130 10 713 39
Washington, 1,111 53       1,111 53 290 60 163 90 454 50
Holmes, 450 40     1,419 29 1,869 69 529 95 442 80 972 75
Jackson, 9,866 33   200 00 583 45 10,649 78 1,445 15 1,341 14 2,786 29
Calhoun, 933 89     23 75 957 64 693 30 992 60 1,685 90
Franklin, 3,367 38 1,309 41   282 90 4,676 79 286 00 37 50 323 50
Gadsden, No return,   71 50 449 46 520 96 770 60 401 60 1,172 20
Liberty, 1,152 10       1,152 10 317 45 107 45 425 90
Leon, 15,887 24 151 61   300 00 16,338 85 868 00 346 45 1,214 45
Wakulla, 2,319 44 4 76 39 00   2,363 20 436 60 112 20 548 80
Jefferson, 9,937 41   65 00 16 00 10,018 41 337 75 113 65 451 40
Madison, 7,274 18   435 00 1 00 7,710 18 620 05 574 65 1,194 70
Taylor, 609 91     40 00 649 91 175 90   175 90
Lafayette, 728 13     45 00 773 13 542 30 151 40 593 70
Hamilton, 3,393 32   318 25 12 20 3,723 77 687 45 47 20 734 65
Columbia, No return,   200 00 50 00 250 00 369 50 143 80 513 30
Suwannee, No return,   100 00 551 00 651 66 485 40 160 60 646 00

Page 67

Counties. Revenue proper. Auction tax. Licenses. Fines. Total amount. Am't paid jurors. Amount due witnesses. Total am't due jurors and witnesses.
New River, 2,211 01   100 00 55 00 2,366 01 218 00   218 00
Alachua, No return,         No return, No return,  
Duval, 4,209 70 140 41 500 00 1,072 49 5,922 60 648 65 744 70 1,393 35
Clay, 1,028 42     38 60 1,067 02 252 10 74 80 326 90
Nassau, 3,549 33 10 50 900 00 118 86 4,578 69 98 90 131 80 230 76
St. Johns, 1,659 58 34 65 227 50 344 95 2,266 68 496 00 92 20 588 20
Putnam, 1,786 03   50 00 219 59 2,055 62 485 50 145 10 630 60
Orange, 710 77     787 91 1,498 68 505 30 160 85 666 15
Volusia, 760 02       760 02 740 66 25 50 766 16
Marion, No return,   166 00 76 15 242 15 268 15 42 05 310 20
Sumpter, No return,     1 01 1 01 163 35 79 50 242 85
Levy, 1,026 88   100 00   1,126 88 489 40 182 00 672 00
Hernando, 2,448 88       2,448 88 313 90 38 80 352 70
Hillsborough, 1,919 08   35 00   1,954 00 997 70 117 95 1,115 65
Manatee, No return,         280 00 No witn's. 280 00
Munroe, 1,884 70 489 70 740 00   3,113 40 342 50 177 00 519 50
Brevard, No return,         Con. in Con. in  
Dade, No return,         Volusia. Volusia.  

        T. W. BREVARD,
Comptroller, &c.


Page 68

        

A Tabular Statement showing the amount of Taxes paid by each County of the State, from the first day of November,
1859, to the 31st day of October, 1860.

COUNTIES. Sources received from.
  Rev. 1856. Rev. 1857. Rev. 1858. Rev. 1859. Rev. 1860. Fines. Licenses. Auction Tax. Total.
Alachua,   $1,013 00 $1,296 62 $ 5,348 97 $ 6 70 $ $ 283 75 $ $ 7,949 04
Clay,       730 18         730 18
Calhoun,     119 50 483 01   18 62     821 13
Columbia,     1,271 64 2,500 00         3,771 64
Duval,   529 60   2,181 49         2,711 09
Escambia,       2,422 13     2,031 07 94 58 4,547 78
Gadsden,     2,869 55 4,084 77   590 58   886 86 8,431 76
Holmes,       332 75 335 66 463 10     1,131 51
Hernando,       2,172 63         2,172 63
Hamilton,     31 59 2,881 12   108 21 958 00   3,978 92
Hillsborough,     170 44 2,266 23   115 50 14 25 59 92 2,626 34
Jackson, $39 51 24 57   8,738 61         8,802 69
Jefferson,       9,858 18   32 21 225 00   10,105 39
Leon,     79 56 14,909 65 2,000 00 343 79 561 01 144 00 18,035 01
Levy,       820 64     150 00   970 64
Liberty,     41 80 865 85         907 65
La Fayette,     149 13 746 72         895 95
Munroe,   16   1,592 56   10 62 964 25 1,039 99 3,607 58
Marion,   204 64 270 96 5,950 81         6,427 41

Page 69

Counties. Rev. 1856. Rev. 1857. Rev. 1858. Rev. 1859. Rev. 1860. Fines. Licenses. Auction Tax. Total.
Manitee,     464 26 608 77   200 00     1,273 03
Madison.       6,797 49     348 88   7,146 37
New River,       1,644 32         1,644 32
Nassau,       2,688 22     271 91 10 50 2,970 63
Orange,       613 32 9 70 162 45     785 47
Putnam,       1,644 69   35 15 34 97   1,714 81
St. Johns,       564 35   9 50 216 13 55 15 845 13
Santa Rosa,     56 86 2,546 69   401 97 495 29   3,500 81
Suwannee,       1,309 19         1,309 19
Taylor,   2 02 17 98 400 00   38 00     458 00
Volusia,       414 89   5 00   5 72 425 61
Wakulla,       2,152 13       2 09 2,154 22
Walton,       932 43   73 63     1,006 06
Washington,     21 60 890 15   74 20     985 95
  $39 51 $1,773 99 $6,858 49 $93,263 94 $2,352 06 $2,685 38 $6,554 51 $2,285 96 $115,813 84


Page 70

        On motion the rules were waived, and Mr. Dawkins was allowed to introduce a substitute to the bill, engrossed for a third reading, to be entitled an Act restoring Josiah Bird to the rights of suffrage and other privileges;

        Which bill was read a third time and put upon its passage.

        The vote was:

        Yeas--Messrs. Bowers, Brokaw, Call, Chain, Dawkins, Duncan, Jones, Magbee and Starke--9.

        Nays--Messrs. Davidson and Simkins--2.

        So said bill passed--title as stated.

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

        On motion, a committee consisting of Messrs. Ingram, Baldwin, and McQueen, were appointed to act with a similar committee on the part of the House, for the purpose of reporting an Appropriation Bill.

        On motion, the Senate took a recess until a quarter-past twelve o'clock.

QUARTER-PAST 12 O'CLOCK, M.

        The Senate resumed its session.

        A quorum present.

        On motion the vote laying on the table bill to be entitled an Act to amend the Militia laws of this State, was reconsidered.

        The bill was read the first time, rule waived and read a second time and referred to the committee on Militia.

        The following message was received from his Excellency the Governor:

Executive Department,
Tallahassee, December 1, 1860.

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

        I have approved and signed the following Senate bill and resolution:

        Joint resolution in relation to adjournment; also

        An Act to establish the Merchants' and Planter's Bank of Pensacola.

Very respectfully,

M. S. PERRY.


        Which was read.


Page 71

        A committee from the House appeared at the bar and informed the Senate that the House had appointed them to inform the Senate that they had passed the bill to be entitled an Act making appropriation for expenses of the present General Assembly.

        On motion the rule was waived and the committee on Enrolled bills made the following report:

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

        A bill to be entitled an Act making certain appropriations for the support of Government.

Respectfully submitted,

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


        House bill to be entitled an Act making appropriation for expenses of the present General Assembly;

        Was read the first time, rule waived and read a second and third times and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers, Starke, Simkins and Watlington--15.

        Nay--Mr. Duncan--1.

        So said bill passed--title as stated.

        On motion, a committee consisting of Messrs. Davidson, Bowers and Starke were appointed to convey said bill to the House of Representatives.

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

        On motion, the rule was waived. and the Committee on Enrolled Bills made the following report:

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

        A bill to be entitled an Act for the charter of a bridge across Bayou Texar, in the county of Escambia.

Respectfully submitted,

E. C. SIMKINS,
Chairman.


        Which was received and read.

        The following communication was received from the Governor:

Executive Department,
Tallahassee, December 1st, 1860.

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

        SIR: I have approved and signed the following Senate bill:


Page 72

        An Act making certain appropriations for the support of the Government.

Very Respectfully,

M. S. PERRY.


        Which was read.

        On motion, a Committee was received from the House, informing the Senate that the House had appointed a Committee to act with a similar Committee on the part of the Senate, to wait upon the Governor, and inform him that the hour had arrived for the adjournment of the General Assembly, and the Chair appointed Messrs. Rogers, Chain, and Abercrombie, to act with said Committee.

        On motion, the rule was waived, and the Committee on Enrolled Bills made the following report:

        The committee on Enrolled bills beg leave to report as correctly Enrolled the following bill:

        A bill to be entitled an Act making an appropriation for the expenses of the General Assembly.

Respectfully submitted,

E. C. SIMKINS, Chairman.


        Also the following:

        The committe on Enrolled bills beg leave to report the following bill as correctly enrolled:

        A bill to be entitled an Act to provide against the failure of representation from the counties of Dade and Munroe in the Convention.

Respectfully submitted,

E. C. SIMKINS, Chairman.


        The hour of adjournment having arrived, the President adjourned the Senate until the 7th day of January, A. D. 1861, at noon.


Page 73

MONDAY, January 7, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.

        On motion of Mr. Ingram, Mr. McQueen was excused from attendance in the Senate during the present week.

        On motion of Mr. Call, the Senate adjourned until 12 o'clock M. on Wednesday next.

WEDNESDAY, January 9, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.

        On motion the reading of yesterday's journal was dispensed with, amended and adopted.

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

        A bill to be entitled an Act to authorize the issue of bonds by the Commonwealth of Florida to the extent of one million of dollars.

        Mr. Call moved that the Judiciary Committee of the Senate be authorized to act as a joint committee with the Judiciary Committee of the House on all matters that may be referred to either committee.

        Which was adopted.

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

        A bill to be entitled an Act in relation to the Common School Fund of Santa Rosa county; and

        A bill to be entitled an Act to empower William H. Webster, a minor, to assume the management of his own estate, and to contract and be contracted with.

        Mr. Call from committee on Judiciary made the following report:

        The Judiciary Committee to whom was referred a resolution of the 28th Nov., 1860, instructing said Committee to ascertain if there


Page 74

be any law of this State to enforce the lien of ship-chandlers, storekeepers, and others therein named, have had the same under consideration, and ask leave to

REPORT:

        That there being doubts as to any act of the Legislature of the State having made provisions for the enforcement of such a lien, would ask leave to introduce the accompanying bill, to be entitled, "An Act to provide a remedy to inforce the lien of ship-wrights, ship-chandlers and others, against ships, vessels, steamboats or other water crafts," and recommend its being printed and referred to the joint committee of the two houses.

GEO. W. CALL,
Ch'n.


ORDERS OF THE DAY.

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

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

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

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Magbee, Starke, Simkins, Walker and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

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

        A bill to be entitled an Act to amend an act regulating pilots and pilotage of the bay of Pensacola;

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

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

        Was read the second time, and on motion, was referred to a special committee, consisting of Messrs. Abercrombie, Chain and Dawkins.

        A bill to be entitled an Act to establish Notary fees;

        Was read the second time, and referred to committee on the State of the Commonwealth.

        A bill to be entitled an Act to suspend the action of sections 6th


Page 75

and 11th of the general banking law of the State of Florida, and for other purposes;

        Was read the third time, and on motion, the rule was waived and the bill placed back upon its second reading and referred to Committee on Judiciary.

        A bill to be entitled an Act to provide a remedy to enforce the lien of ship-wrights, ship-chandlers and others, against ships, vessels, steamboats or other water crafts;

        Was read the second time and referred to Judiciary Committee, and 80 copies ordered to be printed.

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

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Finlayson, Ingram, Jones, Magbee, Simkins, Walker and Watlington--16.

        Nays--none.

        So said bill passed--title as stated.

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

        On motion, the Senate adjourned until 12 o'clock M. to-morrow.

THURSDAY, January 10, 1861.

        The Senate met pursuant to adjournment.

        A quorum not present.

        On motion the Senate adjourned until to-morrow 12 o'clock M.


Page 76

FRIDAY, January 11, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The following communication was received and ordered to be spread upon the journal:

House of Delegates,
Tallahassee, Fla., Jan. 11, 1861.

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

        SIR: By a resolution of this Convention, your honorable body is respectfully invited to attend at the "Capitol" this day, at one o'clock, P. M., to witness the ratification of the "Ordinance of Secession."Your attendance is respectfully solicited.

Very respectfully,

WILLIAM S. HARRIS,
Secretary.


        Also the following:

Treasury Office,
Tallahassee, Jan. 10, 1861.

To Members of the Senate
and House of Representatives:

        GENTLEMEN: The sum of Five Hundred Dollars was handed in this morning by Bishop Rutledge, as a voluntary contribution towards the expenses of the State Government this year.

Very respectfully,

C. H. AUSTIN,
Treasurer.


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

        A bill to be entitled an Act to change the name of Thomas J. Danford to Thomas J. Cook, and for other purposes.

        Mr. Chain asked for leave, which was granted to him, to introduce the following bills, of which he had previously given notice, to-wit:

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

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

        A bill to be entitled an Act to amend the road law, and to repeal a certain act relating to Santa Rosa county, herein named;

        A bill to be entitled an Act in relation to the Common School Fund of Santa Rosa county; and

        A bill to be entitled an Act to empower William H. Webster, a


Page 77

minor, to assume the management of his own estate, and to contract and be contracted with.

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

        A bill to be entitled an Act to facilitate the disposition of Real Estate held in parcenay and in common;

        A bill to be entitled an Act relating to foreign guardians;

        A bill to be entitled an Act to alter the majority of women;

        A bill to be entitled an Act defining treason and certain other crimes, and providing for the punishment thereof;

        A bill to be entitled an Act to legalize certain sales of real estate;

        A bill to be entitled an Act to facilitate the Express busine s and

        A bill to be entitled an Act re-organizing the military forces of the State.

        Mr. Duncan gave notice that he would on some future day ask leave to introduce the following bill:

        A bill to be entitled an Act to change the name of Nepcy Williams to that of Nepcy Cheshire.

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

        A bill to be entitled an Act to provide for holding special terms of the Circuit Court.

        Mr. McCall moved the bill entitled an Act to establish the records of Columbia County, be placed first among the orders of the day.

        Mr. Call moved that a committee of three be appointed to announce to the House that the standing judiciary committee of the Senate had been authorized to act as a joint committee with the similar committee on the part of the House:

        Whereupon the Chair appointed Messrs. Call, Simkins and Chain said committee.

        Mr. Call moved that the invitation of the Convention to attend and witness the signing by the Convention of the ordinance of secession be accepted.

        Mr. Brokaw gave notice that he would on some future day introduce the following bill.

        A bill to be entitled an Act for the benefit of volunteer companies.

        Mr. Chain presented the petition of James C. McArthur, former Sheriff of Santa Rosa county, asking for relief;

        Which was read, and on motion referred to a select committee consisting of Messrs. Chain, Watlington and Bowers.

        Mr. Baldwin gave notice that he would on some future day beg leave to introduce the following bill;

        A bill to be entitled an Act to incorporate the Lavilla Institute.

        The Committee on the Executive Department, to whom was referred "A bill to be entitled an Act to amend an Act entitled, an


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Act for the regulation of pilots and pilotage at the bay and harbor of Pensacola," having had the same under consideration, have instructed me to

REPORT:

        That in the 1st line of the 7th Sec., after the word "that," strike out all thereafter up to the word "it" in 3d line, and after the word "aforesaid" in the 11th line, insert the following: "Provided, however, that nothing in this act or that of the 9th of January, 1855, aforesaid, shall be so construed as to require any vessel whatever, to pay pilotage, or any part thereof, unless the said vessel shall require and engage the service of a pilot."

        And with these amendments, believing the said bill to be just and right, to recommend its passage.

JOHN CHAIN,
Chairman.


ORDERS OF THE DAY.

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

        Was read the second time and referred to committee on judiciary.

        On motion, the resolution in regard to the election of Comptroller and Attorney General was taken up, and upon motion of Mr. Dawkins was laid on the table until Tuesday next.

        Mr. McCall moved that the Senate adjourn until Tuesday next.

        Mr. Rogers moved that at the hour named by the convention of the people of the State of Florida, the Senate repair to the eastern portico of the Capitol, the place selected by the convention for the formal signing of the ordinance of secession, and after the formalities of that occasion have been concluded, the Senate stand adjourned until to-morrow at 12 M.

        Which was accepted by Mr. McCall as a substitute.

        Mr. Call moved a division of the question, and the first portion of repairing to the Eastern portico of the Capitol;

        Which was adopted.

        The question of adjournment was then taken up;

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

        The vote was:

        Yeas--Messrs. McCall and Rogers--2.

        Nays--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Duncan, Finlayson, Ingram, Jones, Magbee, McQueen, Walker and Watlington--15.


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        So said portion of the motion was lost.

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

        Was read the second time and referred to a select committee consisting of Messrs. Call Baldwin and Finlayson.

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

        Was read the second time, and amendment made by the committee on Executive Department, was adopted.

        Mr. Chain offered the following amendment:

        At the end of the proviso, and after the word "pilot," insert "and that it shall be the duty of a vessel, when she wishes the services of a pilot to give a signal for that purpose."

        Which was adopted, and the bill ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an Act to empower William H. Webster, a minor, to assume the management of his own estate, and to contract and be contracted with;

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

        A bill to be entitled an Act to amend the road law, and to repeal a certain act relating to Santa Rosa county herein named;

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

        A bill to be entitled an Act in relation to the common school fund of Santa Rosa county;

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

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

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

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

        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 bonds to the extent of one million dollars by the commonwealth of Florida;

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

        On motion, a committee of three consisting of Messrs. Call, Baldwin and Dawkins, was appointed to act with a similar committee on the part of the House to inform the convention that the two Houses would be ready at the hour appointed to proceed to the eastern portico of the Capitol, and witness the signing of the ordinance of secession;


Page 80

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

        At one o'clock the Senate proceeded to the Eastern Portico of the Capitol, where in the presence of the authorities of the State the Delegates to the Convention proceeded to affix their signatures to the Ordinance of Secession after which the Senate repaired to the Senate Chamber, and on motion adjourned until to-morrow morning 11 o'clock.

SATURDAY, January 12th, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as chaplain.

        The minutes of yesterday were read and approved.

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

        A bill to be entitled an Act to legalize certain sales of real estate;

        A bill to be entitled an Act to facilitate the Express business;

        A bill to be entitled an Act relating to foreign guardians;

        A bill to be entitled an Act to facilitate the disposition of real estate held in parcenay and in common; and

        A bill to be entitled an Act to alter the majority of women.

        Which were placed among the orders of the day.

        Mr. Abercrombie gave notice that he would on some future day introduce the following bill:

        A bill to be entitled an Act to change the name of Marth Ann Barnes to that of Mary Harriet McClelland.

        Pursuant to previous notice Mr. Baldwin begs leave to introduce the following bill:

        A bill to be entitled an Act to incorporate the La Villa institute near Jacksonville.

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

        A bill to be entitled an Act to change the mode of appointing constables;

        A bill to be entitled an Act to amend the laws of the State in relation to coroners and jurors of inquest; and

        A bill to be entitled an Act to relieve the Town Council


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of the Town of Milton in Santa Rosa county, of the limit of fifty per cent. taxation within the corporation limits of said town, and for other purposes.

        Mr. Ingram gave notice that he would on some future day ask leave to introdue the following bills:

        A bill to be entitled an Act to empower Florida A. Stanley to assume the management of her own estate;

        A bill to be entitled an Act for the relief of George W. Ellis, of Alachua county; and

        A bill to be entitled an Act to change the name of George R. Clotfelter to George Washington Rosamond.

        Pursuant to previous notice, Mr. Duncan introduced the following bill:

        A bill to be entitled an Act to change the name of Nepcy Williams to that of Nepcy Cheshire;

        Which was ordered to placed among the orders of the day.

ORDERS OF THE DAY.

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

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

        A bill to be entitled an Act to empower William H. Webster, a minor, to assume the management of his own estate and to contract and be contracted with;

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

        A bill to be entitled an Act to amend the road law, and to repeal a certain act relating to Santa Rosa county, herein named;

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

        A bill to be entitled an Act in relation to the common school fund of Santa Rosa county;

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

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

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

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

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


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        A bill to be entitled an Act to authorize the issue of bonds to the extent of one million dollars by the Commonwealth of Florida;

        Was read the second time and 80 copies ordered to be printed.

        A bill to be entitled an Act to incorporate the LaVilla Institute, near Jacksonville, Fla.;

        Was read the first time by its title, and ordered for a second reading on Monday.

        A bill to be entitled an Act to alter the majority of women;

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

        A bill to be entitled an Act relating to foreign guardians;

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

        A bill to be entitled an Act to facilitate the Express business;

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

        A bill to be entitled an Act to legalize certain sales of real estate;

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

        A bill to be entitled an Act to facilitate the disposition of real estate held in parcenay and in common;

        Was read the first time, by its title and ordered for a second reading on Monday.

        A bill to be entitled an Act to provide for the holding of extra terms of the Circuit Court;

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

        A bill to be entitled an Act to change the name of Thomas J. Danford to Thomas Jefferson Cook, 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 change the name of Nepcy Williams to that of Nepcy Cheshire;

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

        Mr. Baldwin moved that Mr. Dawkins be excused from attendance on the Senate during the next week, except at his own pleasure;

        Which was adopted.

        On motion of Mr. Call the rules were waived, and he moved that Mr. Dawkins be added to the standing committee on Judiciary;

        Which was adopted.

        On motion of Mr. McQueen, the following resolution, introduced by him yesterday, having been omitted on the journal, was ordered to be spread upon the journal of to-day:

        Resolved, That the House be informed that the Senate will wait


Page 83

on that body to-morrow, at 12 o'clock, to go into the election of Attorney-General and Comptroller;

        Which resolution on yesterday was laid on the table until Tuesday next.

        On motion the Senate adjourned until Monday, 10 o'clock A. M.

MONDAY, January 14th, 1861

        The Senate met pursuant to adjournment.

        A quorum present.

        The reading of the journals of Saturday's proceedings were dispensed with.

        Which was amended and adopted.

        On motion of Mr. McQueen, Mr. Abercrombie was excused from attendance on the Senate for an indefinite period.

        On motion of Mr. McQueen, Mr. Duncan was excused from attendance on the Senate during the present week.

        Mr. Abercrombie gave notice that he would at some future time introduce the following bills:

        A bill to be entitled an act to charter the Marine and Fire Insurance Company of Pensacola:

        A bill to be entitled an Act to charter the Gas Company of Pensacola;

        A bill to be entitled an Act to charter the Water Works Company of Pensacola;

        A bill to be entitled an Act to charter the City Marine and Fire Insurance Company of Pensacola; and

        A bill to be entitled an act to charter the Chamber of Commerce of Pensacola.

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

        A bill to be entitled an Act to incorporate the Bank of Tallahassee.

        Pursuant to previous notice Mr. Abercrombie asked leave to introduce the following bill:

        A bill to be entitled an Act to change the name of Martha Ann Barnes, to that of Mary Harriett McClelland;

        Which was placed among the orders of the day.

        Mr. Chain from the Special Committee made the following report:


Page 84

        The Special Committee to whom was referred the petition of James C. McArthur, former sheriff of Santa Rosa county, asking for relief, have had the same under consideration, and

REPORT:

        That it is clear and conclusive in the opinion of the committee, from the evidence in the case, that the petitioner is entitled to the relief prayed for, the facts being that the executions issued in the cases named and set out in the report of fines made to the Comptroller by the Clerk of the Circuit Court of Santa Rosa county, for spring term, 1859, amounting in all to the sum of one hundred and seventy-six dollars and ninety-four cents, and placed in the hands of the petitioner, the then acting sheriff of said county, were all returned by the petitioner, as such sheriff, into the office of said clerk, no property to be found, where they now remain, except one which has since been placed and is now in the hands of the present sheriff of said county, the said petitioner not having been able, while they were in his hands as sheriff aforesaid, to collect anything or any of them, but the amount aforesaid stands charged against him on the books of the Comptroller's office, and that it requires an act of the General Assembly to authorize the Comptroller to credit the petitioner's account with the amount aforesaid. Therefore, the committee ask leave to present the accompanying bill for the relief prayed for, and recommend its passage.

Committee.
JOHN CHAIN,

GILES BOWERS,

F. WATLINGTON.


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

ORDERS OF THE DAY.

        A bill to be entitled an Act to re-establish the records of Columbia county and for other purposes;

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

        A bill to be entitled an Act to incorporate the La Villa Institute near Jacksonville;

        Was read the second time by its title, and on motion referred to committee on Corporations.

        A bill to be entitled an Act to alter the majority of women;

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

        The following message was received from the House of Representatives:


Page 85

House of Representatives,
January 12, 1861.

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

        SIR: The House has this day adopted the following resolutions viz:

        A resolution that this House will be ready on Tuesday next, the 15th inst., at 10 o'clock, A, M., to go into the election of Attorney-General and Comptroller of Public Accounts for the State of Florida.

Very respectfully,

A. J. PEELER,
Clerk House Representatives.


        A bill to be entitled an Act relating to foreign guardians;

        Was read a third time and on motion was read the second time and referred to committee on Judiciary.

        A bill to be entitled an Act to facilitate the express business;

        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 legalize certain sales of real estate;

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

        A bill to be entitled an Act to facilitate the disposition of real estate held in parcenay and in common;

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

        A bill to be entitled an Act to provide for the holding of extra terms of the Circuit Court;

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

        A bill to be entitled an Act to change the name of Thomas J. Danford to Thomas Jefferson Cook and for other purposes;

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

        A bill to be entitled an Act to change the name of Nepcy Williams to that of Nepcy Cheshire;

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

        A bill to be entitled an Act to authorize the issue of bonds to the extent of one million of dollars by the Commonwealth of Florida;

        Was read the second time and on motion referred to committee on Taxation and Revenue.

        A bill to be entitled an Act to change the name of Martha Anne Barnes to that of Mary Harriet McClelland;

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


Page 86

        A bill to be entitled an Act for the relief of James C. McArthur, former Sheriff of Santa Rosa county;

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

        On motion, Mr. Magbee was excused from attendance in the Senate on to-morrow.

        On motion, the rules were waived and Messrs. Call, Watlington and Jones were appointed a committee to confer with the House, and ask them to return the bill to be entitled an Act to amend the laws of Pilotage in the port of Fernandina.

        Mr. Magbee informed the Senate that Wm. R. Coulton, the messenger elect, could not attend on account of pressing business, and moved that the Senate immediately go into an election of a messenger;

        Which was adopted.

        The Senate then went into the election of a Messenger.

        Mr. Brokaw nominated Wm. G. Lester;

        The vote was:

        FOR LESTER:--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Jones, Magbee, McQueen, Rogers, Starke, and Simkins--11.

        So Mr. Lester was declared elected as Messenger.

        On motion the Senate adjourned until 15 minutes before twelve o'clock, on to-morrow.

TUESDAY, January 15th, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev, Mr. DuBose officiated as Chaplain.

        On motion the reading of yesterday's journal was dispensed with, amended and adopted.

        On motion of Mr. Finlayson, the Senate took a recess until one minute before 12 o'clock.

        One minute before 12 o'clock, the Senate resumed its session.

        A quorum present.

        On motion of Mr. Call, a committee of three, consisting of Messrs. Call, Chain and McCall, were appointed to proceed to the House of Representatives, and inform that body that the hour had arrived for


Page 87

the two Houses to go into the election of Attorney General and Comptroller of Public Accounts. The committee, after a short absence, returned and reported that they had performed that duty, and were discharged.

        Mr. Call asked that leave be granted him to introduce without previous notice the following bill;

        A bill to be entitled an Act to establish a Bank in behalf of, and for the benefit of the State;

        Which leave being granted, the bill was introduced, rule waived, read the first and second time by its title, and 200 copies ordered to be printed for the use of the Senate, House, and Convention.

        A committee from the House informed the Senate that the time had arrived for the election of Attorney General and Comptroller of Public Accounts, and invited the Senate into the Hall of the House of Representatives.

        The Senate repaired to the Hall of the House of Representatives.

        The President of the Senate, by invitation of the Speaker of the House took the Chair.

        The President declared the object of the joint meeting to be the election of an Attorney General and Comptroller of Public Accounts for the State.

        The President announced that nominations were in order:

        Mr. Pooser nominated Mr. Thomas T. Long;

        Mr. Holland of Hernando, nominated Mr. John B. Galbraith;

        The vote was:

        For LONG--Messrs. Call, Chain, Dawkins, Ingram, McCall, McQueen, Rogers, Starke and Simkins--9. House--20. Total--29.

        For GALBRAITH--Mr. President, Messrs. Baldwin, Brokaw, Finlayson, Jones, Magbee, Walker and Watlington--8. House--18. Total--26.

        Blank--House--1.

        The President declared that neither candidate having received a constitutional majority, there was no election.

        The joint meeting then proceeded to take another ballot;

        The vote was:

        For LONG--Messrs. Call, Dawkins, Ingram, McCall, McQueen, Rogers, Starke and Simkins--8. House--19. Total--27.

        For GALBRAITH--Mr. President, Messrs. Baldwin, Brokaw, Finlayson, Jones, Magbee, Walker and Watlington--8. House--18.--26

        Blank--Mr. Chain--1. House--1. Total--2.

        The President declared that neither candidate having received the constitutional majority, there was no election.

        On motion of Mr[.] Call, the joint meeting then proceeded to ballot for Comptroller of Public Accounts.

        The President declared that nominations were in order:

        Mr. Vanzant nominated Mr. Lewis Pyles;


Page 88

        Mr. Cole nominated Mr. R. C. Williams;

        Mr. Finlayson nominated Mr. Wm. H. Scott;

        The vote was:

        For PYLES--Mr. President, Messrs. Call, Dawkins, Ingram, McCall, McQueen, Rogers and Simkins--8. House--18. Total--26.

        For WILLIAMS--Messrs. Baldwin, Brokaw, Chain, Jones, Magbee, Starke, Walker and Watlington--8. House--18. Total--26.

        For SCOTT--Mr. Finlayson--1. House--4. Total--5.

        Neither candidate having received the constitutional majority the President declared there was no election.

        The joint meeting then proceeded to take another ballot;

        The vote was:

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

        For WILLIAMS--Messrs. Baldwin, Brokaw, Jones, Magbee, Starke, Walker and Watlington--7. House--19. Total--26.

        For SCOTT--Mr. Finlayson--1. House--3. Total--4.

        Neither candidate receiving the constitutional majority, the President declared there was no election.

        On motion, the joint meeting then adjourned, and the Senate returned to their Chamber.

        Pursuant to previous notice Mr. Baldwin introduced the following bill:

        A bill to be entitled an act to incorporate the Florida and Georgia Railroad Company;

        Which was placed among the orders of the day.

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

        A bill to be entitled an act to change the name of George R. Clotfelter to George Washington Rosamond; and

        A bill to be entitled an act to authorize and empower Florida A. Stanley to assume the management of her own estate.

        Mr. Brokaw gave notice that he would, on some future day, ask leave to introduce the following bill:

        A bill to be entitled an Act for the relief of Edward M. West, Justice of the Peace for Leon county.

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

        A bill to be entitled an Act punishing breaches of trust by telegraph operators; and

        A bill to be entitled "an Act punishing slander."

        Mr. Magbee presented the petition of sundry citizens of Levy, and the county commissioners of Hillsboro county;

        Which was referred to a select committee of Messrs. Magbee, McCall and Walker.


Page 89

        Mr. Baldwin presented the petition of James McCormick, of Duval;

        Which was referred to a select committee consisting of Messrs. Baldwin, Jones and Simpkins.

        Mr. Call introduced the following resolution:

        WHEREAS, A monument to the late Captain John Parkhill, who was killed in the service of the State, has been procured by the volunary subscription of his fellow-soldiers and citizens;

        Resolved, That the same be erected in the Capitol Square under the supervision of Major-General G. W. Parkhill, at a point to be chosen by him.

        Mr. Call offered the following resolution namely:

        Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That T. T. Long having at the joint session of the two Houses held on Tuesday, the 15th inst., received 29 votes for Attorney-General, J. B. Galbraith 27 and Blank 1, the said T. T. Long was duly elected Attorney-General of the State of Florida;

        Which was read a second time and Mr. Magbee moved the resolution be indefinitely postponed;

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

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Finlayson, Jones, Magbee, Simkins, Walker and Watlington--10.

        Nays--Messrs. Call, Chain, Dawkins, Ingram, McCall, McQueen, Rogers and Starke--8.

        So said resolution was indefinitely postponed.

        Mr. Ingram introduced the following resolution:

        A Resolution for the relief of George W. Ellis, late Sheriff of Alachua county:

        WHEREAS, George B. Ellis, late Sheriff of the county of Alachua, stands charged on the books of the Comptroller of the State with sundry items, amounting in the aggregate to five hundred and forty dollars, ($540,) which amounts have never been collected by said Sheriff from the parties defendant against whom they were charged, from causes entirely beyond the control of said Sheriff, (as will appear by certificates accompanying this resolution,) There fore be it

        Resolved, by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the Comptroller of Public Accounts be, and he is hereby directed to post to the credit of George B. Ellis, late Sheriff of Alachua county, the sum of five hundred and forty dollars, ($540.)


Page 90

        Mr. Magbee introduced the following resolution:

        Be it resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That a committee be appointed to act with a similar committee to be appointed on the part of the House, to draw and report a complete financial system for the State of Florida.

        2d, Resolved, That said Committee of Finance report the increased labors, duty and responsibility of the Comptroller of Public Accounts incident by the act of secession and the necessity of increasing the salary of said officer, and what changes are required in the laws regulating that office for the public interest and to report upon any other matters that, in the opinion of the committee should be acted upon on account of our present condition as an independent State.

        On motion, the rules were waived and Mr. McCall gave notice that he would on some future day introduce the following bill:

        A bill to be entitled an act to charter a Railroad from Lake City to Blount's Ferry.

        Mr. Wm. G. Lester, who was elected messenger on yesterday, came forward and was sworn in by the President.

        The Special Committee made the following report:

        The Special Committee to whom was referred a bill to be entitled an Act to change the time for holding the Circuit Courts for the Western Judicial Circuit, having had the same under consideration, ask leave to make the following

REPORT:

        That they have substituted the accompanying bill for the original one, and recommend its passage.

Committee.
JAMES ABERCROMBIE,

JOHN CHAIN,

D. C. DAWKINS.


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

        The Joint Committee on Judiciary made the following report:

        Mr. Call from the Joint Committee on the Judiciary, to whom was referred the "Act concerning Replevin," made the following

REPORT:

        That they recommend the passage of the said bill with the following amendments: In the 2nd line of the 3rd section of the printed bill, after the word "that," insert the words "he is lawfully entitled


Page 91

to the possession of the said property for a fixed term, (specifying the same,) though not to the right of property;" also in the fourth and fifth lines of the same section strike out the words "of the district of any and if none of the next district," and insert the word "County;" in the 5th line of the same section, after the word "men," insert the words "who are qualified by law to serve as jurors in the Circuit Court of this State, not of kin to either party;" in the 6th line of the same section, after the word "when," insert "unless the trial of the cause shall on the application of either party and for good cause shown, be continued to a more distant day."

        Strike out the 5th section.

        In the 8th line of 3rd Section, after the word "affidavit," insert "or that the Plaintiff is entitled to the right of possession for the term specified in his affidavit, though not to the right of property."

GEO. CALL,
Chairman Senate Committee.

D. H. MAY,
Chairman House Committee.


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

        Mr. Ingram, 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:

        A bill to be entitled an Act to amend the road law, and repeal a certain act therein named;

        A bill to be entitled an Act to empower William H. Webster, a minor, to assume the management of his own estate, and contract and be contracted with;

        A bill to be entitled an Act in relation to the common school fund of Santa Rosa county;

        A bill to be entitled an Act to amend the road law and to repeal a certain act relating to Santa Rosa county herein named;

        A bill to be entitled an Act declaring who shall be held and considered as orphans and

        A bill to be entitled an Act to amend an act regulating Pilots and Pilotage of the bay of Pensacola.

TILLMAN INGRAM,
Chairman.


ORDERS OF THE DAY.

        A bill to be entitled an Act to change the name of Martha Ann Barnes to that of Mary Harriet McClelland;


Page 92

        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 James C. McArthur former sheriff of Santa Rosa 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 incorporate the Florida and Georgia Railroad Company;

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

        A bill to be entitled an Act to encourage the formation of cavalry and mounted companies in this State for military service;

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

        Resolution for the relief of George B. Ellis, of Alachua county;

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

        Resolution to draw a complete financial system for 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 change the name of George R. Clotfelter to that of George Washington Rosamond;

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

        A bill to be entitled an Act to authorize and empower Florida A. Stanley to assume the management of her own estate;

        Was read the first time and rule waived and read the second time by its title and refered to a select committee, consisting of Messrs. Ingram, Rogers and Bowers.

        A bill to be entitled an Act concerning replevin;

        Was read a second time and amendments reported by Judiciary committee adopted.

        Mr. Magbee moved to add the following section:

        SEC. 5. Be it further enacted, That the provisions of this Act shall not apply to slaves hired unless the parties hath made written contract as to hire;

        Which was lost.

        Mr. Call moved the following:

        SEC. 5. Be it further enacted, That where the right of possession to slaves is vested in one person and the right of property in another, it shall be at all times lawful for any jury before whom the right of possession shall be tried, to enquire whether the said slaves have been in anywise maltreated or abused, and should such appear to have been the case by the party entitled to the possession of the


Page 93

same, then his or her right of possession shall be considered as forfeited and vested in the party entitled to the right of property;

        Which was adopted and the bill ordered to be engrossed for a third reading on to-morrow.

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

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

        A bill to be entitled an Act declaring who shall be held and considered as orphans;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Bowers, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington--16.

        Nays--None.

        So said bill passed--title as stated.

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

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

        Was read the third time and put upon its passage;

        The vote was:

        YEAS--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker, and Watlington--16.

        NAYS--None.

        So said bill passed--title as stated.

        Ordered that same be certified to the House of Representatives.

        A bill to be entitled an Act in relation to the common school fund of Santa Rosa county;

        Was read the third time, and put upon its passage;

        The vote was:

        YYAS--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker, and Watlington--16.

        Nays--none.

        So said bill passed--title as stated.

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

        A bill to be entitled an Act to empower William H. Webster, a minor, to assume the management of his own estate, and to contract and be contracted with;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call.


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Chain, Dawkins, Jones, McQueen, Roger, Starke, Simkins, and Watlington--13.

        So said bill passed--title as stated.

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

        A bill to be entitled an Act to amend the road law, and to repeal a certain act relating to Santa Rosa county, herein named;

        Was read the third time and put upon its passage;

        The vote was;

        YEAS--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington--16.

        Nays--none.

        So said bill passed--title as stated.

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

        On motion the Senate adjourned till to-morrow, 12 o'clock, M.

WEDNESDAY, January 16, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion the reading of yesterday's journal was dispensed with, amended and adopted.

        A committee from the House appeared at the bar and informed the Senate that they had been appointed a committee on the part of the House to return Senate bill to be entitled an Act in relation to pilotage at the port of Fernandina.

        Mr. Magbee gave notice that he would on to morrow introduce the following bills:

        A bill to be 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; and

        A bill to be entitled an Act to allow sheriffs costs for advertising their sales in the public gazettes of the State.

        Pursuant to previous notice Mr. Magbee begs leave to introduce the following bill:

        A bill to be entitled an Act to establish the Bank of Tallahassee at Tallahassee;


Page 95

        Which was placed among the orders of the day.

        Mr. Simkins gave notice that after to day he will introduce the following bills:

        A bill to be entitled an Act to amend an Act concerning roads and highways in this State;

        A bill to be entitled an Act for the protection of heirs, minors and wards against injustice in this State and for other purposes; and

        A bill to be entitled an Act to amend an Act entitled an Act to authorize the appointment of measurers and inspectors of Lumber and for other purposes.

        Pursuant to previous notice Mr. Brokaw begs leave to introduce the following bill:

        A bill to be entitled an Act for the relief of Edward M. West, Justice of the Peace of Leon County.

        Which was placed among the orders of the day.

        On motion of Mr. Magbee the resolution to draw a complete financial system for the State of Florida;

        Was placed first among the orders of the day.

        Mr. Call moved that the bill entitled an Act to amend the pilot laws of the port of Fernandina, which passed the Senate November 30th, without being engrossed, be engrossed and the proper endorsements placed on the engrossed bill, and the same be returned to the House;

        Which was adopted.

        Mr. Call from the joint Judiciary committee made the following report:

        The Joint Select Committee on the Judiciary, to whom was referred the Senate bill entitled "an Act to suspend the action of sections 6th and 11th of the General Banking Law of the State of Florida, and for other purposes," and also the House bill entitled "an Act to authorize the suspension of specie payments by the banks of the State and the agency of banks that are engaged in the banking business in this State,"

REPORT:

        That they are divided as to the necessity, and also as to the constitutionality of either of said acts. There are but three banks now organized and in operation in this State: one at Fernandina, under a charter, one in Tallahassee, and one at Jacksonville--each organized under the General Banking Law. The President of the Bank of Fernandina has notified your committee that the condition of that bank does not demand the passage of any suspension bill and that having ample means to meet all her liabilities in coin, it is not


Page 96

likely that that bank would take advantage of the suspension bill if it should pass.

        The President of the State Bank of Florida, located at Tallahassee, has also informed your committee that though he is desirous that the suspension bill should pass, and would recommend to his Board of Directors to avail themselves of its provisions, yet he does not know whether his Board would consent, and that the means of the Bank are ample to meet its liabilities in specie, unless the political condition of the country should at once cause a drain upon its specie and prevent the possibility of the banks replacing the amount thus drawn out. A contingency in the apprehensions of which your committee do not share.

        In reference to the Bank of St. John's, located at Jacksonville, your committee are not so well informed, not having been able to communicate with any of its officers. It is currently reported that that bank has suspended specie payments about one month since, and if this be true it is probable that the legalization of the act is desired by it. But the very fact that such suspension, (made without warrant of law, but in obedience to the presumed wishes of the community where the bank is located,) has been attended so far with no injurious consequences to the bank, that none of its notes have been protested and filed with the Comptroller, as is provided may be done by the 6th and 11th section of the General Banking Act, and that no attempt has been made to force the stocks of the bank on the market in this period of general depreciation, is to the minds of several of your committee conclusive proof that it is better to compel the banks to trust to the generosity of the public, than the public to the generosity of a bank legally authorized to repudiate its obligations.

        In reference to the constitutionality of the proposed bills, although the constitution expressly requires all bank liabilities to be paid in specie, your committee have not doubted that it was entirely within their power to relieve the banks from any forfeiture of charters or penalties payable to the State by reason of the non-payment of specie for their liabilities, and a majority of them are of opinion that the Legislature might with propriety, consulting the interests of the note-holders, amend the 6th and 11th sections of the General Banking Act, by prescribing the time, mode and manner in which the Comptroller of the State should proceed to sell the stocks deposited with him to secure the prompt payment of the bills of the banks, in which particulars the law is at present so vague as to be entirely unavailable to the bill holder. But the 31st section of the General Banking Law provides that every such "association shall be liable to pay the "holder of every bill or note put in circulation as money, the payment of which shall have been demanded and refused, damages for non-payment thereof in lieu of interest, at and after the rate of


Page 97

fourteen per cent. per annum, from the time of such refusal until the payment of such evidence of debt and the damages thereof." A majority of your committee are decidedly of the opinion that this provision is a part of the contract between the banks and their bill-holders and cannot be altered by the General Assembly, so far as any bills now in circulation are concerned. The charter of the Bank of Fernandina has a similar claim, the damages being twelve per cent.

        These considerations have induced your committee to report against the legislation of the act of suspension, but they are at the same time compelled to admit the apparent hardship of this course should the suspended currency of our neighboring States continue to be received, not only by the community at large but by all the officers of Government, upon the same terms and conditions as the specie paying currency of our own State. The result of this must of necessity, be the ultimate total substitution of this suspended currency for specie or specie funds. They have, therefore, reported a bill relieving the banks from the unnecessary expenses of protest on their bills, reducing the interest on such notes as the banks may hereafter issue and fail to pay from fourteen to six per cent., and prescribing what funds may be received and paid out by the several receivers of public money in this State, the passage of which they recommend. The provision in one of the bills referred to them, providing for a stay of executions, is also a matter on which your committee are divided. Having determined against the bank suspension bill, a portion of the committee are disposed to report against any stay law, as this measure, however, is altogether dependent on its own merits. The committee report a bill entitled "an Act providing for a stay of executions," which a majority of them believe to be constitutional.

GEO. W. CALL,
Chairman Senate Committee.

D. H. MAYS,
Chairman House Committee.


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

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

        Mr. Magbee from the committee on Corporations, to whom was referred the bill to be entitled an Act to incorporate the La Villa Institute, near Jacksonville, Florida,


Page 98

REPORT:

        That they have had the same under consideration, and recommend that said bill do pass.

JAMES T. MAGBEE,
Chairman.


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

        Mr. Ingram, from the committee on Engrossed bills, made the following report:

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

        A bill to be entitled an Act to change the name of Nepcy Williams to that of Nepcy Cheshire;

        A bill to be entitled an Act to facilitate the Express business;

        A bill to be entitled an Act to change the name of Thomas J. Danford to Thomas Jefferson Cook, and for other purposes; and

        A bill to be entitled an Act to alter the majority of women.

Respectfully submitted,

TILLMAN INGRAM,
Chm'n Com. on Engrossed bills.


        Mr. Baldwin from the committee on Claims and Accounts made the following report:

        The Committee on Claims and Accounts, to whom was referred a resolution for the relief of George B. Ellis, of Alachua county, beg leave to

REPORT:

        That they have had the same under consideration, and have examined the accompanying certificates, from which they are satisfied that the charge of five hundred and forty dollars on the Comptroller's Book against George B. Ellis, for fines collected by him as Sheriff of Alachua County, ought not to be enforced, from the fact that the said fines have never been collected by the said Ellis, and there is sufficient evidence presented to your committee to warrant them in the belief that there has been no negligence or direlection of duty on the part of said Ellis, that these fines has not been collected.

        Therefore the committee have authorized me to recommend that the accompanying resolution for the relief of George B. Ellis do pass.

A. S. BALDWIN,
Ch'm. Comm. Claims and Accounts.



Page 99

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

        Mr. Call from the joint Judiciary committee made the following report:

        The Joint Committee on the Judiciary, to whom was referred the bill to be entitled an Act to establish the records of Columbia county, and for other purposes, beg leave to

REPORT:

        That they have had the same under consideration, and recommend that said bill, together with the amendments to the same attached, be allowed to pass.

GEO. CALL,
Chairman Senate Com.

D. H. MAYS,
Chairman House Com.


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

        Mr. Call from the joint Judiciary committee made the following report:

        The Joint Judiciary Committee to whom was referred the Senate bill to be entitled an Act to change the mode of selecting grand and petit jurors, beg leave to

REPORT:

        That they recommend its passage with the following alterations: Strike out sections 2, 4 and 5, and insert the accompanying substitute, number 2, 4 and 5. Add section 11, 12 and 13, herewith reported.

GEO. CALL,
Chairman Senate Comm.

D. H. MAYS,
Chairman House Comm.


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

        Mr. Call, from the Joint Judiciary Committee, made the following report:

        The Joint Judiciary Committee of the two Houses, to whom was referred the Senate bill to be entitled an Act to facilitate Criminal proceedings, beg leave to


Page 100

REPORT:

        That they have had the same under consideration, and recommend that the 5th section thereof be stricken out, and the bill do pass.

GEO. CALL,
Chairman Senate Comm.

D. H. MAYS,
Chairman House Comm.


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

        Mr. Call moved that a joint committee of ways and means, consisting of three members from each House be appointed and authorized to apply to the Convention now in session, for any additional powers which may be suggested to carry on the government during the present emergency;

        Which was, on motion, placed with the resolution to draw a bill for a complete financial system, placed first among the orders of the day.

        Mr. Ingram, from the Select Committee, made the following report:

        The select committee, to whom was referred a bill to be entitled ad Act to authorize and empowvr Florida A. Stanly to assume the management of her own estate, have had the same under consideration, and recommend the passage of the bill.

        TILLMAN INGRAM, Chairman.
S. St. GEO. ROGERS,
GILES BOWERS.


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

ORDERS OF THE DAY.

        Resolution to draw a bill for a complete financial system for the State of Florida;

        Was read the second time.

        Mr. Call moved as a substitute the motion made by him, that a joint committee of ways and means be appointed and authorized to apply to the Convention now in session, for any additional powers which way be suggested to carry on the government during the present emergency, which, together with the resolution, was referred to a special committee, consisting of Messrs. Magbee, Call, and Dawkins.

        A bill to be entitled an Act to encourage the formation of the


Page 101

mounted and cavalry companies in this State, for military service.

        Was read the first and second time by its title, and referred to the committee on militia.

        A bill to be entitled an Act to change the name of George R. Clotfelter to George Washington Rosamond;

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

        Resolution in regard to the erection of a monument to the late Captain John Parkhill;

        Which was read the first time, rules waived, read a second and third time, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Starke, Simkins, Walker and Watlington--16.

        Nays--none.

        So said resolution passed--title as stated.

        On motion, a committee consisting of Messrs. Rogers, McQueen and Baldwin were appointed to convey said bill to the House of Representatives;

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

        A bill to be entitled an Act to establish the Bank of Tallahassee;

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

        A bill to be entitled an Act to change the name of Nepcy Williams to that of Nepcy Cheshire;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Call, Chain, Dawkins, Ingram, Jones, Magbee, McCall, McQueen, and Simkins--11.

        Nays--Messrs. Baldwin, Brokaw, Rogers, Starke and Walker--5.

        So said bill passed--title as stated.

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

        Resolution for the relief of George B. Ellis, of Alachua 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 the Banks in this State, and for other purposes;

        Was read the second time, the amendments reported by the Judiciary committee adopted, and 80 copies of the same ordered to be printed.

        Also the bill recommended by Judiciary committee in their report to be entitled "an Act providing for a stay of executions;"

        Was read and 80 copies ordered to be printed.


Page 102

        A bill to be entitled an Act to incorporate the Florida & Georgia Railroad Company;

        Was read the second time and on motion referred to the committee on Corporations.

        A bill to be entitled an Act to incorporate the La Villa institute near Jacksonville, Florida;

        Was read the second time by its title and ordered to be engrossed for a third reading oe to-morrow.

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

        Was read the second time and the 5th section of the bill as recommended by the report of the Judiciary committee was stricken out.

        Mr. Rogers moved to strike out all of said bill after the enacting clause;

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

        The vote was:

        Yeas--Messrs. Magbee, McCall and Rogers--3.

        Nays--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Ingram, Jones, McQueen, Starke, Simkins, Walker and Watlington--14.

        So said motion was lost.

        On motion, the Senate adjourned until 12 o'clock M. to-morrow.

THURSDAY, January 17, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion, the reading of of the journal of yesterday was dispensed with.

        Mr. Magbee gave notice that he would on to-morrow ask leave to introduce the following bill:

        A bill to be entitled an Act to establish the office of Indian Agent.

        Mr. Simkins gave notice that he would on some future day ask leave to introduce the following bill:

        A bill to be entitled an Act to incorporate the College of St. Augustine, to be located at St. Augustine, Florida.


Page 103

        Mr. Chain asked leave, which was granted him, to be permitted, at the request of, and for Mr. Abercrombie, to introduce the following bills of which Mr. Abercrombie had previously given notice:

        A bill to be entitled an act to charter the Marine and Fire Insurance Company of Pensacola:

        A bill to be entitled an Act to charter the Florida Mutual Fire and Marine Insurance Company.

        Which were placed among the orders of the day.

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

        A bill to be entitled an Act to allow sheriffs cost for advertising their sales in the public gazettes of this State.

        A bill to be 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;

        Also the rule was waived, he allowed without previous notice to introduce the following bill:

        A bill to be entitled an Act to permit A. E. Hodges to establish a ferry across the Withlacoochee river;

        Which were placed among the orders of the day.

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

        A bill to be entitled an Act to amend an Act concerning roads and highways in this State.

        A bill to be entitled an Act for the protection of heirs, minors and wards against injustice in this State and for other purposes; and

        A bill to be entitled an Act to amend an Act entitled an Act to authorize the appointment of Measurers and Inspectors of Lumber and for other purposes.

        Which were placed among the orders of the day.

        Mr. Daukins gave notice that he would on some future day ask leave to introduce the following bill:

        A bill to be entitled an Act to improve the navigation of Chipola river and other purposes.

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

        A bill to be entitled an Act to punish breaches of trust by Telegraph Operators.

        A bill to be entitled an Act to define and punish slander; and

        A bill to be entitled an Act to re-organize the Militia forces of this State.

        Which were placed among the orders of the day.

        On motion, the rule was waived, and the bill reorganizing the militia forces of this State was read the first and second time by its title and referred to committee on Militia.


Page 104

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

        A bill to be entitled an Act to prevent the circulation of depreciated currency in certain cases.

        Mr. Call moved that when the two Houses next go into an election for Attorney-General and Comptroller, that after the first ballot for each of said officers, unless some person receives thirty-five votes, each member of the General Assembly then present, shall write the name of some one person on a ballot, which ballots being collected in a hat or box, the President of the Senate shall draw therefrom one, and the person whose name shall be written on said ballot, shall be then balloted for as the only candidate for said office;

        Which was laid on the table.

        Mr. McCall moved that a committee be appointed to inform the House that the Senate would be ready at one o'clock to-day to go into the election of Attorney General and Comptroller of Public Accounts;

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

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Call, Chain, Dawkins, Ingram, McCall, McQueen, Rogers, Starke, Simkins and Walker--12.

        Nays--Messrs. Baldwin, Brokaw, Jones, and Magbee--4.

        So said motion was adopted.

        The Chair appointed Messrs. McCall, Starke and Walker as said committee, who retired, and after a short absence returned and reported that they had performed that duty and were discharged.

        Mr. Magbee presented the petitions of sundry persons of Manatee county, asking relief for Joseph Alzerotte;

        Also a petition of sundry persons asking relief of Dr. James D. Smith;

        Also the memorial of the Judge of Probate and County Commissioners of Hillsborough county, in relation to School Commissioners;

        Which, on motion of Mr. Magbee, was referred to a select committee, consisting of Messrs. Magbee, Ingram and Jones.

        Mr. Call introduced the following resolution:

        Resolved by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That the two Houses do adjourn sine die on Friday, the 24th January, at 3 P. M.

        Mr. Call, from the Joint Judiciary Committee, made the following report:

        The Joint Standing Committee on the Judiciary report against the passage of the bills referred to them entitled "an Act to increase the compensation of Solicitors of the State;" "an Act to provide


Page 105

for the holding of extra terms of the Circuit Court;" and "an Act urging the several counties in the State to defray the expenses of jurors and State witnesses."

GEO. W. CALL,
Chairman Senate Committee.

D. H. MAYS,
Chairman House Committee.

        The minority of the Joint Standing Committee on the Judiciary have instructed the undersigned to report in favor of the "Act urging the several counties in this State to defray the expenses of jurors and State witnesses."

GEO. W. CALL,
Chairman Senate Committee.

D. H. MAYS,
Chairman House Committee.


        Mr. Call, from the Joint Judiciary Committee, made the following report:

        The Joint Judiciary Committee, to whom was referred "a bill to be entitled an Act to provide a remedy to enforce the lien of ship-wrights, ship-chandlers and others against ships, vessels, steam-boats or other water crafts," have had the same under consideration, and instructed me to

REPORT:

        1st. That in the first section, strike out the "Proviso."

        2d. In the 7th line of the second section between the words "to'; and "all," insert "the Sheriff and."

        3rd. In the second line of the third section, after the word "craft" strike out all up to the word "may" in the third line.

        4th. In the third line of the third section, after the word "replevied," strike out all up to the word "and" in the fifth line, and insert "by the Captain, owner or agent giving bond and security in double the amount of the debt or demand claimed, payable to the plaintiff conditioned for the payment of the judgment and costs which the plaintiff may recover in the suit."

        And with these amendments adopted, to recommend the passage of the bill.

GEO. W. CALL,
Chairman.


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


Page 106

        Mr. Call from the joint Judiciary committee made the following report:

        The Joint Judiciary Committee, to whom was referred a bill to be entitled "an Act to amend an act to provide for the payment of costs by plaintiffs, in certain cases, in the Western Judicial Circuit," have had the same under consideration and instructed me to

REPORT

        In favor of the passage of the same.

GEO. W. CALL,
Chairman Judiciary Committee.


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

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

        The Select Committee to whom was referred the petition of sundry citizens of Duval county, in behalf of James McCormick,

REPORT:

        That they have had the same under consideration, and find that the petition contains a request in behalf of Mr. James McCormick, an old and respectable citizen of said County, who has had the misfortune to lose the use of one of his legs, and is obliged to substitute a wooden one, to allow him to peddle goods, &c., without being liable to the tax imposed upon pedlars.

        The committee are of the opinion that there now exists on our statute books of State, at least one case where a citizen has been allowed to peddle without being liable to the tax. Your committee are not favorable to the practice of making exceptions of this kind to existing laws of our State, yet if there are cases in which such exceptions can be made, the case under consideration is one of them, and your committee ask leave to report the following bill.

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


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

        Mr. Ingram 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:

        A bill to be entitled an Act to change the name of Martha Ann Barnes, to that of Mary Harriett McClelland;


Page 107

        A bill to be entitled an Act for the relief of James C. McArthur, former Sheriff of Santa Rosa county;

        A resolution for the relief of George B. Ellis, of Alachua county;

        A bill to be entitled an Act to change the times of holding the Circuit Courts for the Western Judicial Circuit;

        A bill to be entitled an Act to incorporate the LaVilla Institute, near Jacksonville, Fla.;

        A bill to be entitled an act to change the name of George R. Clotfelter to George Washington Rosamond; and

        A bill to be entitled an Act concerning replevin.

Respectfully submitted,

TILLMAN INGRAM
Ch'm.


ORDERS OF THE DAY.

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

        Was read the second time, amendments adopted, rule waived, read the third time by its title, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Starke, Simkins and Walker--16.

        Nays--none.

        So said bill passed--title as stated.

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

        A Committee from the House of Representatives appeared at the bar, and informed the Senate that the House had refused to concur in the desire of the Senate to go into the election of Attorney-General and Comptroller of Public Accounts, to-day at 1 o'clock.

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

        Was read the second time by its title.

        On motion the Senate went into a Committee of the Whole. Mr. Call in the Chair. After some time spent in the consideration of the bill, the committee rose, and through their Chairman, reported the blll back to the Senate, with the amendments adopted by the committee, and recommend its passage.

        Mr. Call moved that in the third line of the printed bill, after the word "writing" insert "the details of," and strike out in said line, after the word "offence," the words "intended to be;"

        Which was adopted.

        On motion the Senate adjourned until fifteen minutes before 11 o'clock, to-morrow morning.


Page 108

FRIDAY, January 18, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as chaplain.

        The minutes of yesterday were read and adopted.

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

        A bill to be entitled an Act for the relief of Major General Benjamin Hopkins.

        On motion, the rules were waived, and Mr. Jones was allowed to introduce without previous notice, the following bills:

        A bill to be entitled an Act to authorize the County Commissioners of Washington county to establish a Ferry across Holmes Creek; and

        A bill to be entitled an Act to compel the regular attendance of witnesses;

        Which were placed among the orders of the day.

        Mr. Brokaw gave notice that he would on some future day, ask leave to introduce the following bill:

        A bill to be entitled an Act for the relief of Donald Cameron, Justice of the Peace for Leon county.

        Pursuant to previous notice Mr. Simkins introduced the following bill:

        A bill to be entitled an Act to incorporate the college of St. Augustine, to be located at St. Augustine, Fla[.];

        Which was placed among the orders of the day.

        Mr. Bowers gave notice that he would on some future day ask leave to introduce the following bill:

        A bill to be entitled an Act to extend the jurisdiction of Justice's of the Peace and for other purposes.

        Mr. Chain asked leave, which was granted to him, to be permitted, at the request of and for Mr. Abercrcombie, to introduce the following bill:

        A bill to be entitled an Act to incorporate the Pensacola Gas-light Company;

        Which was placed among the orders of the day.

        Mr. Chain moved that the journals of the Senate be so amended as to show that on Tuesday the 15th inst., while the two Houses were in joint assembly for the election of Attorney General and Comptroller, and after the first ballot, wherein Mr. T. T. Long received for Attorney General twenty-nine ballots out of fifty-six, being a clear majority of two of the votes cast, and the President of the joint assembly declared that neither candidate had received a constitutional majority, and there was therefore no election, that George W. Call, one of the Senators then present, moved the Chair to declare


Page 109

the said T. T. Long duly elected Attorney General, which motion the Chair refused to entertain as being out of order under rule 12th of the joint rules of the General Assembly.

        Which was adopted.

        Mr. Watlington gave notice that after to-day he will ask leave to introduce the following bill:

        A bill to be entitled an Act to amend the law on fishing.

        Mr. Bowers asked leave to present a petition of a number of citizens of Walton County for the benefit of Alex. C. Moors;

        Which was received and referred to committee on Judiciary.

        The following message was received from the House of Representatives:

House of Representatives,
January 17, 1861.

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

        SIR: The House has passed the following bills and resolutions viz:

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

        A Senate bill to be entitled an Act to authorize the County Commissioners of Escambia County to borrow money to build a courthouse and jail as amended;

        A House bill to be entitled an Act permanently to locate the county site of Volusia county;

        A House bill to be entitled an Act for the relief of Howell A. Baisden former sheriff and tax collector of Putnam county.

        A Senate resolution relative to the erection a of monument to Capt. John Parkhill in the Capitol square.

Very respectfully,

A. J. PEELER,
Clerk House of Representatives.


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

        Mr. Magbee offered the following resolution:

        Be it resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That whereas, there is a great deal of business before the Legislature which has been retarded by the repeated ballotings for the offices of Attorney General and Comptroller; that the election for said offices, be and are hereby postponed until the next regular meeting of the General Assembly;

        Which was placed among the orders of the day.

        Mr. Call from the joint Judiciary committee made the following eport:


Page 110

        The Joint Judiciary Committee, to whom was referred a bill to be entitled an Act to amend the law of this State regulating the issue of the process of garnishment, having had the same under consideration, instructed us to

REPORT:

        In the 11th line of the 1st Section, between the words "Attorney" and "to," insert the words "at law or in fact."

        With amendments adopted, recommend the passage of the bill.

GEO. CALL,
Chairman Senate Committee.

D. H. MAYS,
Chairman House Committee.


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

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

        The Joint Committee on the Judiciary, to whom was referred the bills entitled an Act to legalize certain sales of real estate, and an Act to facilitate the disposition of real estate held in parcenay and in common, report against the passage of the said bills.

        The same committee recommend that the bill referred to them entitled an act relating to foreign guardians, do pass.

GEO. CALL,
Chairman Senate Com.

D. H. MAYS,
Chairman House Com.


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

        Mr. Call, from the Joint Judiciary Committee, made the following report:

        The Judiciary Committee to whom was referred the Act defining the condition of negroes and other persons of color in this State, report a substitute for said bill and recommend its passage.

GEO. CALL,
Chairman Senate Com.

D. H. MAYS,
Chairman House Com.


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

        Mr. Magbee from the select committee, made the following report:


Page 111

        The select committee to whom was referred the petition of a large number of citizens, praying for the relief of Dr. James D. Smith, respectfully represent that they have had the same under consideration, and are of the opinion that the relief should be granted, and herewith report a bill for that purpose, and ask that the same do pass.

JAS. T. MAGBEE, Chm'n.

WM. B. JONES.


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

        Mr. Magbee, from the select Committee, made the following report:

        The select committee to whom was referred the petition of a large number of citizens of Manatee and Hillsborough counties, praying relief for Joseph Alzerotte,

REPORT:

        That they have had the same under consideration, and are of opinion that relief should be granted said Alzerotte, and herewith report a bill for that purpose, and recommend its passage.

JAMES T. MAGBEE, Chm'n.

W. B. JONES.


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

        Mr. Magbee, from the select committee, made the following report:

        The select committee to whom was referred the memorial of the Judge of Probate and county commissioners of Hillsborough county.

REPORT:

        That they have had the same under consideration, and recommend the passage of the bill accompanying this, their report.

JAMES T. MAGBEE,
W. B. JONES.
Chm'n.


ORDERS OF THE DAY.

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

        Was read a second time.

        Mr. Rogers moved to strike out the first section;

        Which was lost.

        Mr. Rogers moved to amend the first section by inserting the


Page 112

words "other than in cases of felony" after the word "indictment," in the second line of the printed bill;

        Upon which the yeas and nays were called;

        The vote was:

        Yeas--Messrs. Magbee and Rogers--2.

        Nays--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Finlayson, Jones, McQueen, Starke, Simkins, Walker and Watlington--13.

        Mr. Rogers moved to amend the first section by striking out the words "or judgment on a criminal case be arrested," in the second line of the printed bill;

        Which was lost.

        Mr. Rogers moved to amend the first section by striking out the words "or misjoinder of offences," in the third line of the printed bill;

        Which was lost.

        Mr. Rogers moved to amend the first section by striking out the words "or for any other cause whatever," in the fourth line of the printed bill;

        Which was lost.

        Mr. Rogers moved to strike out the second section;

        Which was lost.

        Mr. Rogers moved to amend the second section by inserting the words "submitted to the Grand Jury returning such indictment, or to the Grand Jury at the next ensuing term of such Court, and then finding thereon had, and returned into Court in the same manner as now provided for the returning of bills of indictment when the same shall be if returning with the affirmation of the Grand Jury," after the words "which specification shall be," in the fourth line of the printed bill;

        Which was lost.

        Mr. Rogers moved to strike out the third section;

        Which was lost.

        Mr. Rogers moved to amend the third section by inserting the words "be submitted to the Grand Jury returning such indictment or to the Grand Jury at the next ensuing term of said Court, and then finding thereon had, and returned into Court in the same manner as now provided for the returning of bills of indictment, which specification when so returned, with the affirmation of the Grand Jury shall" after the words "which specification shall" on the fifth line of the printed bill;

        Which was lost.

        Mr. Rogers moved to strike out the fourth section;

        Which was lost.

        On motion, the amendments made while in Committee of the


Page 113

Whole, were concurred in and adopted, by striking out the fifth section.

        On motion, the bill was ordered to be engrossed for a third reading on to-morrow.

        A committee from the House appeared at the bar and informed the Senate that the House had passed a resolution to go into the election of Attorney General and Comptroller of Public Accounts;

        Which resolution was placed among the orders of the day.

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

        Was read the second time.

        Mr. Rogers moved to strike out the the 3rd section of the bill;

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

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Davidson and Rogers--4.

        Nays--Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McQueen, Starke, Simkins, Walker and Watlington--13.

        So the motion was lost.

        Mr. Baldwin moved to strike out in the 3d section, the words "or any other person;"

        Which was lost.

        Mr. Rogers moved to strike out in the 3rd section the words "or add any name thereto;"

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

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Dawkins, Magbee, Rogers and Walker--8

        Nays--Messrs. Bowers, Chain, Davidson, Finlayson, Jones, McQueen, Starke, Simkins and Watlington--9.

        So said motion was lost.

        Mr. Call moved to amend section 7 by inserting in the second line of printed bill, after the word "county" the words "or attained the age of 21 years and who are competent jurors as aforesaid;"

        Which was adopted.

        The bill then with amendments as recomended by the Judiciary Committee, was ordered to be engrossed for a third reading on Monday.

        A bill to be entitled an Act to incorporate the Bank of Tallahassee;

        Was read the second time and referred to committee on Corporations.

        A bill to be entitled an Act to establish a bank in behalf of and for the benefit of the State of Florida;


Page 114

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

        A bill to be entitled an Act to empower Florida A. Stanley to assume the management of her own estate;

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

        A bill to be entitled an Act to facilitate the express business;

        Was read the third time and put upon its passage;

        The vote was;

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McQueen, Rogers, Starke, Simkins and Walker--16.

        Nays--none.

        So said bill passed--title as stated.

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

        A bill to be entitled an Act to change the name of Thomas J. Danford to Thomas Jefferson Cook and for other purposes;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McQueen, Simkins, Walker, and Watlington--13.

        Nays--Messrs[.] Baldwin, Brokaw, and Rogers--3.

        So said bill passed--title as stated.

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

        A bill to be entitled an Act to alter the majority of women;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Finlayson, Jones and Simkins--10.

        Nays--Messrs. Davidson, Magbee, McQueen, Rogers and Walker--5.

        So said bill passed--title as stated.

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

        A bill to be entitled an Act for the relief of Edward M. West, justice of the peace of Leon county:

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

        A bill to be entitled an Act for the relief of the Banks in this State, and for other purposes;

        Was read the second time.

        Mr. Eppes moved to strike out section 2, in said bill;


Page 115

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

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Brokaw, Dawkins, Jones, Magbee, McQueen and Walker--8.

        Nays--Messrs. Baldwin, Call, Chain, Davidson, Finlayson, Rogers and Simkins--7.

        So said motion was carried, and Sec. 2 was ordered to be stricken out.

        On motion the Senate adjourned until Monday, 1 o'clock, P. M

MONDAY, January 21, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.

        On motion the reading of the minutes of last Friday's proceedings were dispensed with.

        Mr. Dawkins, according to previous notice, introduced the following bill:

        A bill to be entitled an Act to improve the navigation of Chipola River, and other purposes.

        On motion of Mr. Jones, the rules were waived, and he allowed without previous notice, to introduce the following bill:

        A bill to be entitled an Act to change the name of the county site of Holmes county, from Hewitts Bluff to that of Gay Hill, and for other purposes therein expressed;

        Which was placed among the orders of the day.

        Mr. Brokaw asked leave, according to previous notice, to introduce the following bill:

        A bill to be entitled an Act for the relief of Donald Cameron, a Justice of the Peace of Leon county.

        Which was placed among the orders of the day.

        Mr. Bowers asked leave to introduce, according to previous notice, the following bill:

        A bill to be entitled an Act to extend the jurisdiction of Justices of the Peace, and for other purposes;

        Which was placed among the orders of the day.


Page 116

        On motion of Mr. Bowers the rules were waived and be allowed without previous notice to introduce the following bill:

        A bill to be entitled an Act to change the time of holding the Spring Term of the Circuit Court for the counties of Holmes, Walton and Washington, and to change the time of holding the Fall Term in Washington county;

        Which was placed among the orders of the day.

        Mr. Chain asked for leave, which was granted to him, at the request of, and for Mr. Abercrombie, of which he had heretofore given notice, to introduce the following bill:

        A bill to be entitled an Act to Incorporate the Hydrant Water Company of Pensacola;

        Which was placed among the orders of the day.

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

        A bill to be entitled an Act to amend an Act to require licenses to be taken out by persons and subjects not hitherto taxed, approved January 12, 1849.

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

        A bill to be entitled an Act to establish a term of the Supreme Court in the Suwannee Circuit;

        A bill to be entitled an Act to provide for holding the terms of the Supreme Court at the seat of Government;

        A bill to be entitled an Act providing for the issue of Treasury notes;

        A bill to be entitled an Act to incorporate the Mutual Marine and fire Insurance Company of Fernandina;

        A bill to be entitled an Act to incorporate the Commercial Bank of Ferdandina;

        A bill to be entitled an Act declaring of what estate widows shall be endowed;

        A bill to be entitled an Act defining who shall be competent witnesses, and for other purposes;

        A bill to be entitled an Act to change the time of holding the courts in the Suwannee Circuit;

        A bill to be entitled an Act concerning attachments;

        A bill to be entitled an Act regulating the order in which cases shall be tried in the Circuit Courts; and

        A bill to be entitled an Act to provide for the defence of certain Sea Ports.

        Mr. Chain asked leave, which was granted him, to introduce the following bills:

        A bill to be entitled an Act to amend the law of this State in relation to Coroners and Juries of inquest;

        Which was placed among the orders of the day.


Page 117

        Mr. Magbee moved that the resolution in regard to postponing the election of Attorney General and Comptroller of Public Accounts be placed first among the orders of day;

        Which was adopted.

        Pursuant to previous notice, Mr. Chain introduced the following bill:

        A bill to be entitled an Act to relieve the Town Council of the Town of Milton, of the limit of fifty per cent. in taxation within the corporate limits of said Town, and for other purposes;

        Which was placed among the orders of the day.

        Mr. Call moved that the following additional rule to be numbered , be adopted;

        No motion to adjourn or to take a recess for more than two hours shall be in order until after the orders of the day have been disposed of;

        Which was adopted.

        Mr. Davidson gave notice that he would on some future day introduce the following bill:

        A bill to be entitled an Act in relation to Sheriffs.

        Pursuant to previous notice, Mr. Call introduced the following bill:

        A bill to be entitled an Act for the defence of certain Sea Ports;

        Which was placed among the orders of the day.

        Mr. Stark presented a petition from sundry citizens of Orange county;

        Which, on motion, was referred to the committee on Internal Improvements.

        Mr. Davidson presented the petition of E. W. Oakes and others;

        Which was referred to committee on Proposition and Greivances.

        Mr. Finlayson from the committee on Taxation and Revenue, made the following report:

        The committee on Taxation and Revenue, to whom was referred the bill to be entitled an Act to authorize the issue of bonds to the extent of one million dollars by the commonwealth of Florida,

REPORT:

        That they have had the same under consideration and recommend its passage with the following additional section:

        SEC. 4. Be it further enacted, That any person or persons holding claims against the State, that are now due or past due and desirous of investing the same in said bonds, that on such claims being properly authenticated, the Comptroller shall register the same and issue his warrant on the Treasurer for the amount of such claims, and the Treasurer is hereby authorized as heretofore prescribed to


Page 118

issue to such person or persons bonds for the amount respectively due them, provided the same is not less than one hundred dollars.

JNO. FINLAYSON,
Chairman.


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

        Mr. Brokaw from the comittee on the State of the Commonwealth made the following report:

         The committee on the State of the Commonwealth, to whom was referred a bill to be entitled ah Act to establish the fees of Notaries Public in certain cases, have had the same under consideration and ask leave to make the following

REPORT

         The committee recommend the passage of the bill with the following amendments.

P. B. BROKAW,
Chairman.


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

        Mr. Ingram, from the committee on Engrossed bills, made the following report:

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

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

        A bill to be entitled an Act to authorize and empower Florida A. Stanley to assume the management of her own estate;

        A bill to be entitled an Act to change the mode of selecting Grand and Petit Jurors in thiState.

Respectfully submitted,

TILLMAN INGRAM,
Chm'n Com. on Engrossed bills.


        Mr. Dawkins from 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 protect occupants or settlers upon the public lands of the State in their possession of, and to their improvements thereon, and a resolution relative to the price of the public lands in this State, have considered the same and recommend the passage of both the bill and resolution.

D. C. DAWKINS, Chm'n.



Page 119

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

        Mr. Call from the Select Committee made the following report:

        The Select Committee to whom was referred the bill to be entitled an Act to amend the charter of the city of Fernandina, report that they have examined the said bill and recommend its passage.

GEO. W. CALL,
Chairman.


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

        Mr. Call, from the select committee, made the following report:

        The Select Committee to whom was referred the bill entitled an Act for the relief of A. J. Peeler and others,

REPORT:

         That a bill has already passed both Houses for the relief of A. J. Peeler, and consequently this bill, in its present shape and with its present title, should not pass, but a substitute providing for the other persons named therein, if any relief is due them.

        The claim for relief is founded on the following state of facts:-- The office of the Floridian & Journal was destroyed by fire early in August last. The reports of the decisions of the Supreme Court for the terms held in 1860, which were being published, were consumed with everything else in the office. The Attorney-General, without waiting for the notice of the General Assembly, applied to the Clerk and Deputy Clerks for duplicate copies of the opinions, to enable him to proceed as soon as possible, to publish the reports, advising them that as the reports had to be published, and as this could not be done without the required copies, he had no doubt the Legislature would provide for their payment. The Clerk and Deputies consented to this, and have furnished the duplicates.

        Again, the Attorney-General discharged the duty required of him by the law, which directs that he shall report the decisions. He performed this duty to the extent of the cases printed when the fire occurred, which comprised nearly all, leaving a few cases, and those not the most important, unfinished. Having performed his duty he is entitled to be paid for the work he did. Messrs. Dyke & Carlisle, the publishers, printed several hundred pages of the report, and in a short time, had the fire not occurred, would have completed the work. The delay in getting the work out is not attributable to them, but to the delay in furnishing the Attorney General with the necessary copies. Had the copies been furnished in time, the reports would have been complete, and deposited with the Secretary of State sometime before the occurrence of the fire. They had finished


Page 120

all the cases that were prepared by the Att'y. General, who furnished them as fast as the printing progressed until all the cases on hand were completed, when a stop was put to the work until the copies of the cases needed in West Florida should be received by the Attorney General. These were not received until July, and immediately on being received the work went on. A delay of a month or more was thus occasioned, and hence the work was not fully completed when the fire occurred. These facts the committee are unanimous, entitle the Deputy Clerks and Attorney General to pay for their extra work, and a majority are of the opinion that Messrs. Dyke and Carlisle also should be paid, and they accordingly recommend the passage of the accompanying bill, entitled an Act for the relief of M. D. Papy, et al.

GEO. W. CALL,
Chm'n. Select Committee.


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

ORDERS OF THE DAY.

        Resolution in regard to postponing the election of Attorney General and Comptroller of Public Accounts;

        Was read.

        Mr. Call moved that the resolution be indefinitely postponed;

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

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Rogers, Starke and Simkins--10.

        Nays--Messrs. Baldwin, Brokaw and Magbee--3.

        So said resolution was indefinitely postponed.

        The following message was received from the Governor:

Executive Department,
Tallahassee, January 21, 1861.

To the President and members of the Senate:

        GENTLEMEN--In compliance with the ordinance of the Constitution "establishing a Court of Admiralty for the Southern District of Florida, and requiring the Governor to appoint, by and with the advice and consent of the Senate, a Judge and Marshal for said Court," I respectfully recommend for the advice and consent of the Senate, the Hon. S. R. Mallory, for Judge of said Court of Admiralty, and Fernando J. Moreno, as Marshal of said Court.

Very respectfully,

M. S. PERRY.


        Which was read, and nominations advised and consented to.


Page 121

        The following message was received from the House of Representatives:

House of Representatives,
January 18th, 1861.

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

        SIR--The House has passed the following bills and adopted the following resolutions, viz:

        A bill to be entitled an Act to authorize James Addison to construct a dam across the Ocklocknee river for the purpose of erecting a mill;

        A bill to be entitled an act to allow Matthew L. McKinney to assume the management of his own estate;

        A bill to be entitled an Act for the relief of A. D. Rogero, of St. John's county; and

        A resolution requesting the Comptroller to render statements of the several banks in this State.

Respectfully,

A. J. PEELER,
Clerk House of Representatives.


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

        The following message was received from the House of Representatives:

House of Representatives,
January 21st, 1861.

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

        SIR--The House has passed the following bills and resolutions, viz:

        A bill to be entitled an Act to incorporate the Town of Campbellton, in Jackson county;

        A bill to be entitled an Act to amend the School Laws of Columbia, Suwannee, New River, Lafayette, Nassau and Sumpter counties;

        A Senate resolution for the relief of L. I. Fleming; and

        A resolution for the relief of B. Frisbee and M. J. Murphy.

Respectfully,

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


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

        On motion of Mr. Rogers, the rules were waived, and a resolution for the relief of B. Frisbee and M. J. Murphy was taken up


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and read a first time, rules waived, read a second and third time by its title, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Magbee, Rogers, Starke and Simkins--15.

        Nays--none.

        So said resolution passed--title as stated.

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

        A committee from the House appeared at the bar and informed the Senate that the House had passed the following resolution, viz:

        Resolved, That a Joint and Select Committee of three members be appointed by the House to act with a like committee from the Senate to report a bill providing for Finances for this State, and that said committee be instructed to invite gentlemen of financial abilities to appear before said committee and confer with them for the best interest of the State, and the Treasurer and Comptroller are requested to furnish said Joint Committee with any information which they may require; also, that the House had appointed a committee to consult with a similar committee on the part of the Senate, in regard to a uniform and flag.

        The resolution was placed among the orders of the day.

        A bill to be entitled an Act for the relief of the Banks of this State and for other purposes;

        Was read a second time.

        Mr. Call moved to amend by inserting in the third section, first line, after the words "that," the words "no forfeiture or penalty due to the State shall be exacted from any bank or banking association nor shall any proceeding be instituted in the name or by the authority of the State against any bank or banking association and"

        Which was adopted.

        On motion the Senate took a recess until 3½ o'clock, p. m.

HALF-PAST THREE O'CLOCK, P. M.

        Senate resumed its session.

        A quorum present.

        The orders of the day were resumed.

        Mr. Call asked that the rules be waived to allow him to make a motion;

        Which was granted.

        Mr. Call moved that a committee of three be appointed to act


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with a similar committee appointed by the House to report a bill providing for the Finances for the State;

        Which was adopted.

        Whereupon Messrs. Call, Finlayson and Magbee, was appointed as said committee.

        A bill to be entitled an Act for the relief of the Banks in this State, and for other purposes;

        Having been under consideration this morning was read.

        Mr. Davidson moved to recommit the bill to the Judiciary committee;

        Which was lost.

        Mr. Eppes moved to strike out the fourth section;

        Which was carried.

        Mr. Eppes moved to amend by adding the following additional section:

        SEC. 3. Be it further enacted, That the several banks of this State, and the agencies of foreign banks in this State be and they are hereby authorized to suspend specie payment; and all penalties or interest heretofore provided by law upon their refusal to pay specie on demand of any bill holder of the notes of any of said Banks be and the same are hereby suspended until the first day of January, A. D. 1862.

        Mr. Davidson moved as an amendment. to Mr. Eppes' amendment;

        After the words "banks" insert "hereafter to be issued;"

        Which was lost.

        Upon the question of the adoption of the amendment offered by Mr. Eppes, the yeas and nays were called for by Messrs. Eppes and Magbee;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Dawkins, Davidson and Jones--5.

        Nays--Brokaw, Call, Chain, Ingram, Magbee, McQueen, Rogers and Simkins--8.

        So said amendment was lost.

        Mr. Eppes moved to amend by adding the following additional section:

        SEC. 3. Be it further enacted, That the State Treasurer, the Registers of Public Lands, the several Tax Collectors and Sheriffs and all other receivers of public dues, be and they are hereby authorized to receive in discharge and payment of taxes or other indebtedness due the State, the notes of the several Banks of Florida and the notes of the agencies of the Banks of Georgia, South Carolina and Alabama in this State that are current until the first day of January, A. D., 1862.

        To which Mr. Call offered the following substitute:


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        Be it further enacted, That the State Treasurer, the Register of Public Lands, the several Tax Collectors and Sheriffs, and all other receivers of public dues are hereby required to receive the notes of all specie paying banks in the States of Florida, South Carolina, Georgia, Alabama, Louisiana and Mississippi;

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

        The vote was:

        Yeas--Messrs. Baldwin, Bowers, Call, Chain, Finlayson, Rogers, Starke and Watlington--8.

        Nays--Mr. President, Messrs. Brokaw, Dawkins, Davidson, Ingram, Jones, Magbee and McQueen--8.

        So said substitute was lost.

        The question then recurred as to the adoption of the amendment offered by Mr. Eppes;

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

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Magbee and McQueen--12.

        Nays--Messrs. Call, Rogers, Simkins and Watlington--4

        So said amendment was adopted.

        Mr. Call moved the following amendment:

        Be it further enacted, That no bank, bank agency or banker shall pay out at its or their counter or place of business, the bills of any bank which does not pay specie for its bills (other than their own,) under a penalty of five hundred dollars, for every such offence, to be recovered by an action of debt, one-half for the use of the informer, (in which suit the informer may be a witness).

        Mr. Magbee moved that the bill and amendment be laid on the table;

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

        The vote was:

        Yeas--Messrs. Brokaw, Call, Magbee, McQueen, Simkins and Watlington--6.

        Nays--Mr. President, Messrs. Baldwin, Bowers, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones and Rogers--10.

        So said motion was lost.

        The question then recurred upon the amendment offered by Mr. Call;

        Upon which the yeas and nays were called by Messrs. Eppes and Davidson;

        The vote was:


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        Yeas--Messrs. Baldwin, Bowers, Call, Chain, Davidson, McQueen, Rogers, Simkins and Watlington--9.

        Nays--Mr. President, Messrs. Brokaw, Dawkins, Finlayson, Ingram, Jones and Magbee--7.

        So said amendment was adopted.

        Mr. Call moved the following additional section:

        Be it further enacted, That every bond, bill, note or other security for money, the consideration for which shall be a loan or advance, of the notes of suspended banks shall be totally void.

        Mr. Finlayson moved the indefinite postponement of the bill;

        Upon which the yeas and nays were called for by Messrs. Finlayson and Dawkins;

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Brokaw, Davidson, Finlayson, Jones, Magbee and McQueen--8.

        Nays--Messrs. Baldwin, Call, Chain, Dawkins, Ingram, Rogers, Simkins and Watlington--8.

        So said motion was lost.

        Mr. Call moved that the further consideration of the bill be postponed until to-morrow;

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

        The vote was:

        Yeas--Messrs. Baldwin, Call, Chain, Dawkins, Davidson, Jones, McQueen, Rogers, Simkins and Watlington--10.

        Nays--Mr. President, Messrs. Bowers, Brokaw, Ingram and Magbee--5.

        So said motion was carried.

        On motion of Mr. Rogers the rules were waived and he allowed to make a motion;

        Which was adopted.

        Upon motion of Mr. Rogers, the Senate adjourned until to-morrow morning, 10 o'clock.

TUESDAY, January 22, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion, the reading of the journal of yesterday was dispensed with.


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        Mr. Chain moved that the additional rule to be numbered -- that "no motion to adjourn or to take a recess for more than two hours, shall be in order until after the orders of the day have been disposed of," be, and the same are hereby repealed, and that the following be adopted in lieu thereof:

        That hereafter the Senate shall meet at 10½ o'clock, A. M., and adjourn at 1½ o'clock, P. M., daily, until otherwise ordered by the Senate.

        The motion was declared adopted. The Chair deciding that it required only a majority to adopt the motion--from which decision of the Chair Mr. Call appealed;

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

        The vote was:

        Yeas--Messrs. Baldwin, Bowers, Brokaw, Chain, Jones, McQueen, Rogers, Simkins and Watlington--9.

        Nay--Mr. Call--1.

        So said decision of the Chair was sustained.

        Mr. Call moved that the House Resolution providing for going into an election for Attorney General at 7½ o'clock, P. M., on Tuesday, 22nd, January, be placed among the orders of the day.

        Which was adopted.

        Mr. Chain asked leave, which was granted him, to introduce the following bill, of which he had previously given notice:

        A bill to be entitled an Act to amend an Act to require licenses to be taken out by persons and subjects not hitherto taxed, approved January 12, 1849;

        Which was placed among the orders of the day.

        Mr. Rogers moved that the Senator from the 19th District be excused from further attendance during the session;

        Which was adopted.

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

        A bill to be entitled an Act to incorporate the Commercial Bank of Fernandina; and

        A bill to be entitled an Act to incorporate the Mutual Marine and Fire Insurance Company of Fernandina;

        Which were placed among the orders of the day.

        The following communication was received from the House of Representatives:

House of Representatives,
January 21, 1861.

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

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


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

        A House bill to be entitled an Act authorizing and directing the Secretary of State to furnish the Clerk of the Circuit Court of Columbia county, with the seal of office;

        A House bill to be entitled an Act to Incorporate the town of Campbellton, of Jackson county;

        A House bill to be entitled an Act to repeal an Act authorizing a Bridge Tax in Walton county;

        A House bill to be entitled an Act to Incorporate the Pensacola and Mobile Railroad and Manufacturing Company;

        A House bill to be entitled an Act to amend the Acts creating laws in favor of builders, material, men, mechanics, laborers and others;

        A Senate bill to be entitled an Act declaring who shall be held and considered orphans;

        A House bill to be entitled an Act to reorganize the county of Brevard and for other purposes; and

        A Senate bill to be entitled an Act regulating Pilots and Pilotage of the bay of Pensacola;

        The following bill was lost.

        A Senate bill to be entitled an Act to empower William H. Webster, a minor, to assume the management of his own estate, and to contract and be contracted with.

Respectfully,

A. J. PEELER,
Clerk House Rep,


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

        The following communication was received from Wm. S. Harris, Secretary of the State Convention:

House of Delegates,
Tallahassee, Fla., Jan. 22, 1861.

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

        SIR--I herewith, by directions of the Convention, transmit to your body, certain ordinances and resolutions, adopted by the Convention of the people of Florida, at its late session, viz:

        An Ordinance of Secession.

        Ordinances fifth, sixth and seventh, relating to duties and imports.

        An Ordinance empowering the Legislature to do certain things.

        An Ordinance extending the jurisdiction of the State over Forts, Arsenals, etc.

        An Ordinance to amend the eleventh section of the sixth article of the Constitution.


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        An Ordinance authorizing the Governor to appoint William H. Chase a Major General.

        An ordinance authorizing the Governor to accept the services of persons in certain cases.

        An Ordinance amending the seventh article of the Constitution.

        An Ordinance giving to the Circuit Courts certain powers.

        An Ordinance to create a Court at Key West.

        An Ordinance changing the second section of the third Article of the Constitution.

        An Ordinance relating to certain laws passed by Congress.

        An Ordinance to amend the third and eighth sections of the sixth Article of the Constitution.

        An Ordinance giving to the General Assembly certain powers.

        An Ordinance to remove certain disabilities under the Constitution.

        A resolution making it the duty of the General Assembly to provide for Light Houses, in certain cases.

Very respectfully,

WILLIAM S. HARRIS,
Secretary of the Convention.


        Which was read, and five hundred copies of the Ordinances accompanying said communication ordered to be printed in pamphlet form.

ORDERS OF THE DAY.

        House resolution in regard to the election of Attorney General and Comptroller of Public Accounts;

        Was read.

        Mr. Rogers moved to amend by substituting 12 o'clock to-morrow;

        Which was adopted.

        The resolution as amended was adopted.

        On motion, a committee of three, consisting of Messrs. Call, McQueen and Bowers, were appointed to convey said resolution to the House and request their concurrence to the amendment.

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

        The Senate resumed its consideration of a bill to be entitled an Act for the relief of the banks in this State and for other purposes.

        The foregoing amendment of Mr. Call's was taken up;

        Be it further enacted, That every bond, bill, note or other security for money, the consideration for which shall be a loan or advance of the notes of suspended banks shall be totally void.

        And upon the question of its adoption the yeas and nays were called for by Messrs. Eppes and Call;

        The vote was;


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        Yeas--Messrs. Call, Chain, McQueen, Simkins and Watlington--5.

        Nays--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Dawkins, Finlayson, Ingram, Jones, Magbee and Rogers--10.

        So said amendment was lost.

        Mr. Call moved that the section offered by him and adopted by the Senate on yesterday be amended by inserting between the words "business" and "the" the words "by way of loan or discount."

        Which was adopted.

        Upon motion of Mr. Chain, 80 copies of the bill as amended was ordered to be printed for the use of the Senate.

        A bill to be entitled an Act providing for a stay of executions;

        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 incorporate the Florida Mutual Fire and Marine Insurance Company;

        Was read a first time by its title and ordered for second reading on to-morrow.

        A bill to be entitled an Act to permit A. E. Hodges to establish a ferry across the Withlacoochee river;

        Was read a first time by its title and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to incorporate the Marine and Fire Insurance Company of Pensacola;

        Was read a first time by its title and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to allow sheriff costs for advertiseing their sales in the public gazettes of this State;

        Was read a first time by its title and ordered for a second reading on to-morrow.

        On motion, the Senate bills and resolutions which have passed the House and been certified to the Senate were ordered to be enrolled.

        A bill to be 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 was with the Seminole Indians;

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

        A bill to be entitled an Act to amend an Act concerning roads and highways in this State;

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

        A bill to be entitled an Act for the protection of heirs, minors and wards against injustice in this State, and for other purposes;


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

        A bill to be entitled an Act to amend an Act entitled an Act to amend an Act to authorize the appointment of Measures and Inspectors, and for other purposes;

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

        A bill to be entitled an Act to provide a remedy to inforce the lien of ship-wrights, ship-chandlers and others against ships, vessels, steam-boats or other water crafts;

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

        Engrossed bill to be entitled an Act to change the times for holding the Circuit Courts for the Western Judicial Circuit;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--17.

        Nays--None.

        So said bill passed--title as stated.

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

        Engrossed bill to be entitled an Act to change the name of George R. Clotfelter to George Washington Rosamond;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--15.

        Nays--Messrs. Baldwin and Walker--2.

        So said bill passed--title as stated.

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

        Engrossed bill to be entitled an Act to incorporate the LaVilla Institute near Jacksonville, Florida;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Magbee, McQueen, Rogers, Walker and Watlington--16.

        Nays--none.

        So said bill passed--title as stated.

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

        A bill to be entitled an Act for the relief of James McCormick;


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

        Engrossed bill to be entitled an Act to change the name of Martha Anne Barnes to that of Mary Harriet McClelland;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Magbee, McQueen and Watlington--13.

        Nays--Messrs. Baldwin, Rogers, Simkins and Walker--4.

        So said bill passed--title as stated.

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

        Engrossed bill entitled an Act for the relief of James C. McArthur, former Sheriff of Santa Rosa county;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--17.

        Nays--none.

        So said bill passed--title as stated.

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

        A bill to be entitled an Act to define and punish slander;

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

        A bill to be entitled an act to punish breaches of trust by Telegraph Operators;

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

        Engrossed bill to be entitled an Act concerning replevin:

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--16.

        Nays--None.

        So said bill passed--title as stated.

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

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

        Mr. Rogers moved to amend by adding the following section:

        Be it further enacted, That from and after the passage of this Act, the Board of County Commissioners of the different counties


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of this State be and they are hereby empowered to impose such tax on their respective counties as may be sufficient to defray the annual expenses of such counties.

        Which was adopted.

        Mr. Call moved to amend by adding the following section:

        Be it further enacted, That the Board of County Commissioners of each county shall have power to fix the compensation both per diem and mileage which shall be allowed to jurors and State witnesses in said county: Provided, no juror or State witness shall be allowed less than fifty cents per day nor less than four cents per mile travel. And no juror or State witness shall be allowed any per diem or mileage for attendance on any Court where any cause, either criminal or civil, is pending, to which he is a party, or in which he is a witness on behalf of any party other than the State, and the clerk of each Circuit Court shall at the close of each term thereof, furnish to the Treasurer of each county, a certified abstract of all jurors and State witnesses who are entitled to pay for attending said term; and shall also certify that none of the parties therein named were parties to any suit pending at said term, or were summoned or sworn as witnesses in any cause on behalf of any party other than the State.

        Which was adopted.

        Mr. Davidson moved that the bill be indefinitely postponed;

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

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Chain, Dawkins, Davidson, Jones, Magbee, McCall, Simkins and Watlington--10.

        Nays--Messrs. Baldwin, Brokaw, Call, Finlayson, Ingram, Rogers and Walker--7.

        So said bill was indefinitely postponed.

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

        Was concurred in, and the bill ordered to be enrolled.

        House amendments to bill to be entitled an Act to authorize the county Commissioners of Escambia and Santa Rosa counties to borrow money to build a Court House and Jail;

        Were concurred in, and the bill ordered to be enrolled.

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

        Was read the second time.

        Mr. Rogers moved to strike out the words "or county" in the second section;

        Which was adopted.

        Mr. Magbee moved the bill be indefinitely postponed;


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

        The vote was:

        Yeas--Messrs. Bowers, Brokaw, Davidson, Finlayson, Magbee, Walker and Watlington--7.

        Nays--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Ingram, Jones and Rogers--8.

        So the motion to indefinitely postpone was lost.

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

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

        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 provide for the holding of extra terms of the Circuit Court;

        Was read a second time and indefinitely postponed.

        A resolution in regard to an adjournment of the General Assembly;

        Was read a second time.

        On motion of Mr. Rogers it was indefinitely postponed.

        Engrossed resolution for the relief of George B. Ellis, of Alachua county;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call Chain, Dawkins, Davidson, Ingram, Jones and Rogers--11.

        Nays--none.

        So said resolution passed--title as stated.

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

        The Senate then adjourned until half-past ten o'clock to-morrow morning.

WEDNESDAY, January 23, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

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


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        On motion of Mr. McCall the rules were waived, and he allowed to int oduce without previous notice, the following bill;

        A bill to be entitled an Act to establish the Commercial Bank of Lake City;

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

        Mr. Chain gave notice that after to day he would ask leave to introduce the following bill;

        A bill to be entitled an Act to impower the Judges of the Circuit Courts of this State to authorize minors to assume the management of their own estates, to contract and be contracted with, and to plead and be impleaded.

        Mr. Jones gave notice that he would on some future day, ask leave to introduce the following bill:

        A bill to be entitled an Act to amend the law of this State for the issuing of attachments.

        The rules being waived Mr. Magbee arose and addressed the Senate as follows:

        Mr. President:--I rise to perform the sad duty of announcing to the Senate, that Dr. B. W. Saxon, Delegate from Hernando county, and a signer of the Declaration of Florida's Independence, departed this life at half-past four o'clock, P. M., January 22nd, 1861.

        It is always sad, and truly a bereavement, to lose one so noble as him, of whom we speak. His life was not only dear to his family, and innumerable friends, but it was dear to the cause of liberty, and Southern Independence. Yea, Mr. President, the dispensation of Providence has fallen heavily on relations, friends, and our beloved Commonwealth. At this sad intelligence, in my imagination, I see the Lone Star banner of our gallant State, draped in mourning for one of its departed sires. Sad is the picture; the cup of grief is full to its brim. Oh, happy thought! thy pinions hath borne to our troubled mind, the welcomed message: "He is not dead, but sleepeth." While he sleeps with his patriot fathers, whose example it was his chief desire to emulate, his name will be embalmed in the heart of every Floridian, and will stand prominent on that sacred parchment, the Ordinance of Secession, bound and decorated by the fairest of hands. Our friend, Mr. President, was no ordinary man; though modest and unassuming, he possessed a strong intellect, trained and cultivated by mentors worthy of such a trust. His family is not unknown to the pages of history, and he has proved to be worthy of his sires. South Carolina was his native State, and it does my heart good, Mr. President, to have so vivid in my memory, that bright and pleasing countenance, and hear as by magic, that sweet toned voice, pronounce the words so often used by him, "South Carolina, my native State, Alabama and Florida, my adopted States, one and inseparable." Yes, Mr. President, he was proud of his native and adopted


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States, and well may they be proud of him. He came to the Convention, (though he was in feeble health,) with a strong will and a stout heart, to place Florida in a condition to vindicate herself and her honor against the repeated wrongs of a Northern oppressor. He was always in his seat when the Convention was in session, like a good and faithful soldier, he was always at his post. Never shall I forget, Mr. President, the manly form of that noble defender of Southern rights, when, with patriotic pride, he took the pen to sign that instrument, declaring that Florida is, and ought, of right, to be, a free and independent State. In his last sicknsss, while suffering from the fatal disease, diptheria, he seemed rejoiced to see his friends, and to the last he bore his sufferings with that christian fortitude that challenges the admiration of all.

        Mr. President, as a tribute of respect to departed worth, I offer the following resolution:

        Resolved, That the Senate do now take a recess until half-past three o'clock. P. M., and then to meet here and repair as a body to the Planters' Hotel, to attend the funeral ceremonies over the remains of Dr. B. W. Saxon, delegate of the Florida State Convention, from the county of Hernando, after which the Senate shall stand adjourned for to-day.

        Resolved, As a token of respect for the deceased, who was a signer of the ordinance of secession, that each Senator do wear the usual badge of mourning for thirty days.

        Mr. Rogers seconded the resolution, and paid a handsome tribute of respect to the memory of the deceased.

        The resolution was then adopted.

        The Senate then adjourned until half-past ten o'clock to morrow morning.

THURSDAY, January 24, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion the reading of the minutes of yesterday's Journal were dispensed with.

        On motion of Mr. Chain the rules were waived, and the Senate bill entitled an Act regulating Pilots and Pilotage of the bay of


Page 136

Pen acola, which passed the House with amendment, was taken up amendments concurred in, and the bill ordered to be enrolled.

        Mr. Dawkins moved that the rule adopted on Tuesday, 22nd instant, requiring the Senate to meet at half-past ten o'clock, A. M., and adjourn at half-post one o'clock, P. M., daily, until otherwise ordered by the Senate, be stricken out.

        Which was adopted.

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

        A bill to be entitled an Act relative to the appointment of Stevedores in the port of Jacksonville, on the St. John's River.

        Mr. Simkins moved that the rules be waived, to allow a bill entitled an Act to prescribe the mode and manner of receiving troops in the State service, to be read the first and second times by its title, in order that it may be referred to the committee on the militia;

        Which was adopted.

        On motion of Mr. Magbee the rules were waived, and the bill to be entitled an Act concerning Pilotage for the port of Cedar Keys;

        Was placed first among the orders of the day.

        Mr. Call moved that the House of Representatives be informed that with their concurrence; the Senate will be prepared to go into an election of Comptroller and Attorney General at 12 o'clock, this day;

        Which was adopted, and on motion a committee consisting of Messrs. Call, Davidson, and Rogers, were appointed to inform the House of the adoption of said resolution, which committee retired, and after a short absence, returned and reported that they had performed that duty, and were discharged;

        Mr, Call, pursuant to previous notice, introduced the following bills:

        A bill to be entitled an Act declaring of what estate widows shall be endowed;

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

        A bill to be entitled an Act to provide for holding the terms of the Supreme Court at the seat of government;

        A bill to be entitled an Act regulating the order in which cases shall be tried in the Circuit Courts; and

        A bill to be entitled an Act defining who shall be competent witnesses, and for other purposes.

        Which were placed among the orders of the day.

        Mr. Chain asked for leave, which was granted to him, to introduce the following bill, of which he had previously given notice:

        A bill to be entitled an Act to empower the Judges of the Circuit Courts of this State to authorize minors to assume the management


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of their own estates, to contract and be contracted with, and to plead, and be impleaded;

        Which was placed among the orders of the day.

        Mr. Call gave notice that he would on some future day ask leave to introduce the following bill:

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

        On motion of Mr. Finlayson, the rules were waived, and he allowed to introduce, without previous notice, the following bill:

        A bill to be entitled an Act in relation to Judges of Probate;

        Which was placed second among the orders of the day.

        Mr. Magbee moved that the Judiciary Committee investigate whether or not Railroad Companies have any right under the Constitution, to issue any notes to be used as a circulating medium.

        Which was lost.

        Mr. Davidson offered the following resolution:

        Resolved, by the Senate and House of Representatives of the State of Florida in General Assembly convened, That both Houses of this General Assembly do adjourn, sine die, on Thursday, the 31st inst., at one o'clock, P. M.

        Which was placed among the orders of the day.

        Mr. Brokaw asked leave to introduce the following preamble and resolutions:

        WHEREAS by an Act approved by the Governor 22d December, 1859, it was by the General Assembly enacted that the line then being run by B. F. Whitner, jr., on the part of Florida, G. J. Orr, on the part of Georgia, should be and was thereby recognized and declared to be the permanent boundary line between the States of Georgia and Florida as soon as the said should be permanently marked by said surveyors, provided the said line at its eastern terminus did not depart from or miss Ellicott's mound more than one-fourth of a mile or twenty chains; And WHEREAS the said line has been run and marked by said surveyors on the part of the two States, the eastern terminus of which so run and marked is within the distance prescribed in the said proviso, therefore

        Be it resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the line run and marked by B. F. Whitner, jr. on the part of Florida, and G. J. Orr on the part of Georgia, be and the same is hereby declared to be the permanent boundary line between the States of Georgia and Florida, and that the Governor be and he is hereby requested to issue his proclamation, that the said line so run and marked has been and is declared to be the permanent boundary line between the two


Page 138

States; Provided, the State of Georgia shall have on its part declared the said line to be the boundary between that State and Florida.

        Resolved further, That the Governor be requested to forward a a copy of these resolutions to the Governor of Georgia with a request that similar steps be taken by Georgia, so that the question of boundary may be finally settled.

        Which was placed among the orders of the day.

        Mr. Dawkins from the committee on Internal Improvements made the following report:

        The committee on Internal Improvements to whom was referred the bill entitled an Act still further defining the duties of the Trustees of the Internal Improvement Fund,

REPORT:

        That they have examined said bill and approve of its provisions, and think them necessary to secure to the citizens of the State the full benefit of the Internal Improvement system so liberally aided by the State, the bill however, is deficient in not providing for enforcing a compliance with the spirit and intent of the act of Congress granting lands to the State to aid in building these roads, and also of the 23d section of the Internal Improvement Act, both of which contemplate and expressly require that the several companies should carry the public mails according to the directions of the Post-Office Department. Your committee have therefore prepared a substitute for said bill having the same title and recommend its passage.

D. C. DAWKINS,
Chairman.


        Which report was received, and bill placed among the orders of the day.

        Mr. Simkins from the committee on Enrolled bills made the following report:

        The committee on Enrolled Bills report the following bills correctly enrolled, viz.:

        An Act to authorize the County Commissioners of the counties of Escambia and Santa Rosa to borrow money for the purpose of building a court-house and jail;

        Resolution for relief of L. I. Fleming;

        An Act for the relief of Joseph B. Wood, of Columbia county; An Act to make Senean Brown, wife of Henry Brown, a free dealer;

        An Act declaring who shall be held and considered as orphans; and


Page 139

        Resolution relative to the erection of a monument to Capt. John Parkhill.

Respectfully submitted,

E. C. SIMKINS,
Chairman.


        Mr. Magbee from the select committee made the following report:

        The select committee to whom was referred a resolution to provide for a complete financial system and substitute thereto,

REPORT:

        That the Senate has appointed a committee of Finance to act with a similar committee on the part of the House, they recommend that the resolution and substitute be not adopted.

JAS. T. MAGBEE,
Chairman.


        Mr. Magbee from the Select committee, made the following report:

        The select committee to whom was referred the memorial of a majority of the county Commissioners of Hillsboro' county, praying that power be granted to the county Commissioners to levy an extra tax upon the people of that county, for county purposes,

REPORT:

        That they have had the same under consideration, and are of opinion that a greater tax should not be imposed on the people than is now allowed by law, unless those who are to be taxed petition the General Assembly that such power be specially granted. Your committee recommend that the prayer of the memorial be refused.

JAMES T. MAGBEE, Chm'n.

H. H. WALKER.


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

        Mr. Magbee, from the Select committee, made the following report:

        The select committee to whom was referred the petition of a large number of the citizens of Levy county, asking that the county site of said county be located at Otter Creek,

REPORT:

        That the Hon. Thomas N. Clyatt, Representative from that county, has introduced a bill to locate the county site of said county.


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Your committee therefore recommend that the Senate take no further action on the petition until the House has acted on said bill, or until the same is asked for by the House.

JAS. T. MAGBEE, Chm'n.

H. H. WALKER.


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

ORDERS OF THE DAY.

        A bill to be eneitled an Act concerning pilotage for the port of Cedar Keys;

        Was read the second time and referred to a select committee consisting of Messrs. Magbee, Watlington and McQueen.

        A bill to be entitled an Act in relation to Judges of Probate;

        Was read the first time, rule waived, read second time and referred to committee on Judiciary.

        A bill to be entitled an Act for the relief of Joseph Alzerotte;

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

        A bill to be entitled an Act relating to the duties of school commissioners, and for other purposes;

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

        On motion of Mr. McCall, the rules were waived and he moved that the bill to be entitled an Act to establish the Commercial Bank of Lake City, was returned to the House.

        Mr. McCall then moved that the rules be waived and the bill be placed first among the orders of the day;

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

        The vote was:

        Yeas--Messrs. Bowers, Davidson, Finlayson, McCall, McQueen and Simkins--6.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Rogers, Walker and Watlington--10.

        So said motion was lost.

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

        Was read the second time and substitute recommended by Judiciary committee adopted, and 80 copies of the bill ordered to be printed.

        Oe motion of Mr. Davidson, the rules were waived, and he was allowed to introduce according to previous notice the following bill:

        A bill to be entitled an Act in relation so sheriffs.


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        Which was placed among the orders of the day.

        The rules were waived and the bill read a first and second time by its title and referred to the committee on Judiciary.

        A bill to be entitled an Act to facilitate the disposition of real estate held in parcenay and in common;

        Was read the second time and on motion, was indefinitly postponed.

        A bill to be entitled an Act to legalize certain sales of real estate;

        Was read the second time and on motion was indefinitely postponed.

        A bill to be entitled an Act relating to foreign guardians;

        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 Dr. James D. Smith;

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

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

        Was read the second time, amendments recommended by the Judiciary committee adopted, and the bill ordered to be engrossed as amended for a third reading on to-morrow.

        A bill to be entitled an Act to compel the regular attendance of witnesses;

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

        A bill to be entitled an Act to authorize the County Commissioners of Washington County to establish a ferry across Holmes Creek;

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

        A bill to be entitled an Act to incorporate the Pensacola Gas-Light Company;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to incorporate the College of St. Augustine to be located at St. Augustine;

        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 Edward M. West, Justice of the Peace of Leon county;

        Was read the second time and referred to committee on Claims and Accounts.

        House bill entitled an Act permanently to locate the county site of Volusia county;

        Was read the first time by its title and ordered for a second reading on to-morrow.


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        House bill entitled an Act for the relief of Howell A. Baisden, former sheriff and tax collector of Putnam county;

        Was read the first time by its title and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to improve the navigation of Chipola river and other purposes;

        Was read the first time, rule waived, read a second time by its title and referred to the committee on Internal Improvements.

        A bill to be entitled an Act to change the name of the county site of Holmes county from Hewitts Bluff to that of Gay Hill and for other purposes therein expressed;

        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 Donald Cameron, Justice of the Peace of Leon county;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to extend the jurisdiction of Justice's of the Peace 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 relieve the Town Council of the town of Milton, of the limits of fifty per cent. on taxation within the corporate limits of said town, 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 amend the law of this State in relation to coroners and juries of inquest;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to Incorporate the Hydrant Water Company of Pensacola;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to change the time of holding the Spring Term of the Circuit Court for the counties of Holmes, Walton and Washington, and to change the time of holding the Fall Term of said Court in Washington county;

        Was read the first time and on motion laid on the table.

        A bill to be entitled an Act to authorize the issue of bonds to the extent of one million dollars by the Commonwealth of Florida:

        Was read a second time.

        Mr. Chain offered the following amendment:

        After the word "dollars" in the fifth line of the second section of the printed bill add "and the Governor shall not issue a bond or


Page 143

bonds, under the provisions of this act, for any greater amount that for the money actually received, dollar for dollar."

        Which was adopted.

        The amendments recommended by the Judiciary committee were 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 defence of certain Sea Ports;

        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 change the mode of selecting Grand and Petit Jurors in this State;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call Chain, Dawkins, Finlayson, Ingram, Magbee, McQueen, Simkins, Walker and Watlington--13.

        Nay--Mr. Davidson--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an Act to authorize and empower Florida A. Stanley to assume the management of her own estate;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Ingram, Magbee, McQueen, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an Act to facilitate criminal proceedings;

        Was read the third time and put upon its passage;

        The vote was;

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Finlayson, Ingram, McQueen, Simkins and Walker--12.

        Nays--Messrs. Davidson and Magbee--2.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an Act for the relief of A. J. Peeler et al;

        Was read the second time and substitute offered by the Judiciary committee adopted; substitute was read and ordered to be engrossed for a third reading on to-morrow.


Page 144

        A bill to be entitled an Act to amend the charter of the city of Fernandina;

        Was read the second time and laid over for a second reading on to-morrow.

        House resolution relative to the price of the public lands in this State;

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an Act to protect occupants or settlers upon the public lands of the State of Florida, in their possession of, and to their improvements thereon;

        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 Notary fees;

        Was read the second time and amendments reported by the committee adopted, and 80 copies of the bill as amended ordered to be printed.

        House bill to be entitled an Act to incorporate the town of Campbellton, Jackson county;

        Was read the first time by its title and oreered for a second reading on to-morrow.

        House bill to be entitled an Act to amend the school laws of Columbia, Suwannee, New River, LaFayette, Nassau and Sumpter counties;

        Wrs read the first time by its title and ordered for a second reading on to-morrow.

        House bill entitled an Act for the relief of A. D. Rodgers, sheriff of St. Johns' county;

        Was read the first time and ordered for a second reading on to-morrow.

        House bill entitled an Act to allow Matthew L. McKinney to assume the management of his own estate;

        Was read the first time and ordered for a second reading on to-morrow.

        House bill entitled an Act to authorize James Addison to construct a dam across the Ocklocknee river for the purpose of erecting a mill;

        Was read the first time and ordered for a second reading on to-morrow.

        House resolution requesting the Comptroller to render a statement in regard to the condition of the banks;

        Was read the first time, and on motion, laid upon the table.

        House resolution in relation to common finance;

        Was read the first time, rule waived, read a second and third time and put upon its passage.

        The vote was:


Page 145

        Yeas--None.

        Nays--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Dawkins, Davidson, Finlayson, Ingram, Magbee, McQueen, Starke, Simkins, Walker and Watlington--15.

        So said resolution was lost.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an Act to re-organize the county of Brevard and for other purposes;

        Was read the first time and ordered for a second reading on to-morrow.

        House bill entitled an Act to amend the Acts creating liens in favor of builders, material men, mechanics, laborers and others;

        Was read the first time and ordered for a second reading on to-morrow.

        On motion of Mr. Davidson the rules were waived, and resolution in relation to adjournment was taken up;

        Was read the first time and ordered for a second reading on to-morrow.

        House bill entitled an Act to repeal an Act authorizing a bridge tax in Walton county;

        Was read the first time and ordered for a second reading on to-morrow.

        House bill entitled an Act authorizing and directing the Secretary of State to furnish the clerk of the Circuit Court of Columbia county with a seal of office;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to incorporate the Commercial Bank of Fernandina;

        Was read the first time and ordered for a second reading on to-morrow.

        House bill entitled an Act to incorporate the Pensacola and Mobile Railroad and Manufacturing Company;

        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 require licenses to be taken out by persons and subjects not hitherto taxed, approved January 12th, 1849;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to incorporate the Florida Mutual Fire and Marine Insurance Company;

        Was read the first time and ordered for a second reading on to-morrow.


Page 146

        A bill to be entitled an Act to permit A. E. Hodges to establish a ferry across the Withlacoochee river;

        Was read the second by its title and referred to committee on Corporations.

        A bill to be entitled an Act to incorporate the Marine and Fire Insurance Company of Pensacola;

        Was read the second time by its title and referred to committee on Corporations

        A bill to be entitled an Act to allow sheriffs cost for advertising their sales in the public gazettes of this State;

        Was read the second time and referred to committee on Judiciary.

        A bill to be entitled an Act to amend an Act concerning roads and highways 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 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;

        Was read the 2nd time and referred to the committee on Claims and Accounts.

        A bill to be entitled an Act for the protection of heirs, minors and wards, against injustice in this State, and for other purposes;

        Was read the second time and referred to the committee on Judiciary.

        A bill to be entitled an Act to amend an Act entitled an Act to amend an Act to authorize the appointment of Measurers and Inspectors, and for other purposes;

        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 James McCormick;

        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 define and punish slander;

        Was read the second time and referred to the committee on Judiciary.

        A bill to be entitled an Act to punish breaches of trust by telegraph operators;

        Was read the second time and referred to the committee on Judiciary.

        A bill to be entitled an Act to empower the Judges of the Circuit Courts of this State to authorize minors to assume the management of their own estates, to contract and be contracted with, and to plead and be impleaded;

        Was read the first time and ordered for a second reading on to-morrow.


Page 147

        A bill to be entitled an Act defining who shall be competent witnesses, 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 regulating the order in which cases shall be tried in the Circuit Courts;

        Was read the first time and ordered for a second reading on to-morrow:

        A bill to be entitled an Act to provide for an issue of Treasury notes;

        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 Major General Benjamin Hopkins;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to provide for holding the terms of the Supreme Court at the seat of government;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to establish a term of the Supreme Court in the Suwannee Circuit;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to amend the Act governing the County Commissioners of Nassau county in certain cases;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act declaring of what estate widows shall be endowed;

        Was read the first time and ordered for a second reading on to-morrow.

        Resolution to draw a complete financial system for the State of Florida;

        Was read the second time, and on motion, laid on the table.

        A bill to be entitled an Act still further defining the duties of the Trustees of the Internal Improvement Fund;

        Was read the second time and substitute reported by committee adopted, and 80 copies of the same ordered to be printed.

        Resolution relating to the boundary line between Florida and Georgia;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an Act to establish the Commercial Bank of Lake City;


Page 148

        Was read the second time and 80 copies of the bill ordered to be printed.

        House resolution in regard to the election of Attorney General and Comptroller of Public Accounts;

        Was read and concurred in.

        On motion, the Senate took a recess until 5 minutes before 4 o'clock.

FIVE MINUTES BEFORE FOUR O'CLOCK P. M.

        The Senate resumed its session.

        A quorum present.

        On motion, a committee consisting of Messrs. Call, Davidson and Bowers were appointed to inform the House that the Senate was now ready to go into the election of Attorney General and Comptroller of Public Accounts, who retired and after a short absence returned and reported that they had performed that duty and were discharged.

        A committee from the House appeared at the bar and informed the Senate that the House was now ready to go into the election of Attorney General and Comptroller of Public Accounts.

        On motion, the Senate repaired to the Representative Hall.

        At the request of the Speaker of the House the President of the Senate took the Chair.

        The President stated the object of the meeting.

        The election of Attorney General being first in order, Mr. Pooser nominated Thos. T. Long, Esq.;

        Mr. Holland of Hernando, nominated John B. Galbraith, Esq.;

        The vote was:

        For GALBRAITH--Messrs. Baldwin, Brokaw, Finlayson, Jones, Magbee, Walker and Watlington--7. House--21. Total--28.

        For LONG--Messrs. Call, Chain, Dawkins, Ingram, McQueen, Rogers and Simkins--7. House--17. Total--24.

        Blank--Mr. President and Mr. Davidson--2. House--1. Total--3.

        The President declared that neither candidate having received a constitutional majority, there was no election.

        The name of Thos. T. Long, Esq., was withdrawn.

        The joint meeting then proceeded to another ballot;

        The vote was:

        For GALBRAITH--Mr. President, Messrs. Baldwin, Brokaw, Finlayson, Jones, Magbee and Walker--7. House--25. Total--32.

        For LONG--Messrs. Call, McCall and Simkins--3. House--4. Total--7.


Page 149

        Blank--Messrs. Chain, Dawkins, Davidson, Ingram, McQueen, Rogers and Watlington--7. House--10. Total--17.

        There not being a constitutional majority for any one candidate, the President declared there was no election.

        Nominations being still in order, the names of D. P. Hogue, W. G. M. Davis and M. D. Papy were put in nomination.

        The joint meeting then proceeded to another ballot;

        The vote was:

        For GALBRAITH--Messrs. Brokaw, Cal, Finlayson, Jones, Magbee, Rogers and Walker--7. House--30. Total--37.

        For PAPY--Mr. President, Messrs. Baldwin, Davidson, McQueen, Simkins and Watlington--6. House--1. Total--7.

        For DAVIS--Messrs. Chain and McCall--2. House--5. Total--7.

        For LONG--Messrs. Dawkins and Ingram--2. House 6. Total--8.

        Mr. John B. Galbraith having received the requisite and constitutional majority, the President declared him elected Attorney General for the State of Florida for four years from the 25th day of July, 1861.

        On motion, the joint Assembly proceeded to ballot for Comptroller of Public Accounts.

        The President declared nominations in order;

        The names of R. C. Williams, L. G. Pyles and Wm. H. Scott were placed in nomination;

        The vote was:

        For WILLIAMS--Messrs. Baldwin, Brokaw, Jones, Magbee, Walker and Watlington--6. House--21. Total--27.

        For PYLES--Mr. President, Messrs. Call, Chain, Dawkins, Ingram, McCall, McQueen, Rogers and Simkins--9. House--17. Total--26.

        For SCOTT--Mr. Finlayson--1. House--1. Total--2.

        Blank--Messrs. Bowers and Davidson--2.

        Neither candidate having received a constitutional majority, the President declared there was no election.

        The joint assembly then proceeded to another ballot;

        The vote was:

        For WILLIAMS--Messrs. Baldwin, Brokaw, Jones, Magbee, Walker and Watlington--6. House--20. Total--26.

        For PYLES--Messrs. Chain, Dawkins, Ingram, McCall, McQueen, Rogers and Simkins--7. House--18. Total--25.

        For SCOTT--Mr. President, Messrs. Call and Finlayson--3. House--2. Total--5.

        Blank--Messrs. Bowers and Davidson--2.

        Neither candidate having received a constitutional majority, the President declared there was no election.


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        The joint assembly then proceeded to another ballot.

        The names of E. L. T. Blake, Lucien S. Duval, John Beard, and Jas. D. Westcott, were put in nomination.

        The vote was:

        For WILLIAMS--Messrs. Brokaw Jones, Magbee and Watlington--4. House--19. Total--23.

        For PYLES--Messrs. Chain, Dawkins, Ingram, McCall, Rogers and Simkins--6. House--17. Total--23.

        Mr. SCOTT--Mr. President, Mr. Finlayson--2. House--1. Total--3.

        For DUVAL--Messrs. Call, McQueen and Walker--3. House--0. Total--3.

        For BLAKE--Mr. Bowers--1. House--0. Total--1.

        For BEARD--Mr. Baldwin--1. House--1. Total--2.

        For WETSCOTT--House--1.

        Blank--Mr. Davidson--1.

        Neither candidate receiving a constitutional majority, the President declared there was no election.

        The joint assembly then proceed to another ballot;

        The vote was:

        For WILLIAMS--Messrs. Baldwin, Brokaw, Jones, Magbee, Walker and Watlington--6. House--18. Total--24.

        For PYLES--Messrs. Chain, Dawkins, Ingram, McCall, McQueen, Rogers and Simkins--7. House--16. Total--23.

        For SCOTT--Mr. Finlayson--1. House--3. Total--4.

        For WESTCOTT--Mr. Call--1. House--2. Total--3.

        For BLANK--Mr. President, Messrs. Bowers and Davidson--3.

        Neither candidate receiving the constitutional majority the President declared there was no election.

        The joint Assembly then proceeded to another ballot.

        The vote was:

        For WILLIAMS--Messrs. Baldwin, Brokaw, Jones, Magbee, Walker and Watlington--6. House 18. Total--24.

        For PYLES--Mr. President, Messrs. Chain, Dawkins, Ingram, McCall, McQueen, Rodgers and Simkins--2. House--19 Total--26.

        For SCOTT--Messrs, Bowers, Call and Finlayson--3. House--2 Total--5.

        For WESTCOTT--House--1.

        For BLANK--Mr. Davidson--1.

        No candidate receiving a constitutional majority, the President, declared there was no election.

        The joint Assembly then proceeded to another ballot.

        The vote was:

        For WILLIAMS--Messrs. Baldwin, Brokaw, Jones, Magbee, Walker and Watlington--6. House--19. Total--25.

        For PYLES--Mr. President, Messrs. Call, Chain, Dawkins, Ingram,


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McCall, McQueen, Rogers and Simkins--9. House--18. Total--27.

        For SCOTT--Mr. Finlayson--1. House--2. Total--3.

        For WESTCOTT--House--1.

        For BLANK--Mr. Davidson--1.

        No candidate receiving a constitutional majority, the President declared there was no election.

        The name of Boling B. Baker was put in nomination.

        The joint Assembly then proceeded to another ballot.

        The vote was:

        For WILLIAMS--Mr. Brokaw, Jones, Magbee, Walker and Watlington--5. House--17. Total--22.

        For PYLES--Messrs. Dawkins, Ingram, McCall, McQueen, Rodgers and Simkins--6. House--17. Total--23.

        For SCOTT--Mr. Finlayson--1. House--2. Total--3.

        For BAKER--Mr. President, Messrs. Baldwin, Call, Chain and Davidson--5. House--2. Total--7.

        For WESTCOTT--House--1.

        No candidate receiving a constitutional majority, the President declared there was no election.

        The name of Jas. D. Westcott was withdrawn.

        The joint Assembly then proceeded to another ballot;

        The vote was:

        For WILLIAMS--Messrs. Brokaw, Jones, Magbee, Walker and Watlington--5. House--18. Total--23.

        For PYLES--Messrs. Chain, Dawkins, Ingram, McCall, McQueen, Rogers and Simkins--7. House--19. Total--26.

        For SCOTT--Mr. Finlayson--1. House--2. Total--3.

        For BAKER--Mr. President, Messrs. Baldwin, Call and Davidson--4. House--1. Total--5.

        No candidate receiving a constitutional majority, the President declared there was no election.

        The name of Wm. H. Scott was withdrawn.

        The joint assembly then proceed to another ballot;

        The vote was:

        For WILLIAMS--Messrs. Baldwin, Brokaw, Finlayson, Jones, Magbee, Walker and Watlington--7. House--19. Total--26.

        For PYLES--Messrs. Call, Chain, Dawkins, Ingram, McCall, McQueen and Simkins--7. House--20. Total--27.

        For BAKER--Mr. President and Mr. Davidson--2. House 1. Total--3.

        No candidate receiving a constitutional majority, the President declared there was no election.

        The joint Assembly then proceded to another ballot;

        The vote was:


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        For WILLIAMS--Messrs. Baldwin, Brokaw, Finlayson, Jones, Magbee, Walker and Watlington--7. House--20. Total--27.

        For PYLES--Mr. President, Messrs. Call, Chain, Dawkins, Ingram, McCall, McQueen and Simpkins--8. House--18. Total--26.

        For BAKER--Mr. Davidson--1. House--1. Total--2.

        Neither candidate having received a constitutional majority, the President declared there was no election.

        The name of B. B. Baker was withdrawn.

        The joint Assembly proceeded to another ballot;

        The vote was:

        For WILLIAMS--Messrs. Baldwin, Brokaw, Finlayson, Jones, Magbee, Walker and Watlington--7. House--22. Total--29.

        For PYLES--Mr. President, Messrs. Call, Chain, Dawkins, Ingram, McCall, McQueen and Simkins--8. House--18. Total--26.

        Neither candidate having received a constitutional majority, the President declared there was no election.

        The joint Assembly then proceeded to another ballot;

        The vote was:

        For WILLIAMS--Messrs. Baldwin, Brokaw, Finlayson, Jones, Magbee, Walker and Watlington--7. House--21. Total--28.

        For PYLES--Mr. President, Messrs. Call, Chain, Dawkins, Ingram, McCall, McQueen and Simkins--8. House--19. Total--27.

        Neither candidate receiving a constitutional majority, the President declared there was no election.

        On motion the joint Assembly adjourned.

        The Senate proceeded to the Senate Chamber.

        On motion of Mr. Call the Senate adjourned until half-past ten o'clock to-morrow morning.

FRIDAY, January 25, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The reading of the journal of yesterday's proceedings were dispensed with and amended.

        On motion of Mr. Brokaw, Mr. Walker was excused from attendance in the Senate until Tuesday next.

        Mr. Call gave notice that he would on a future day introduce the the following bills:

        A bill to be entitled an Act to increase the taxes;


Page 153

        A bill to be entitled an Act to reduce the costs of criminal proceedings, and the pay of jurors and State witnesses; and

        A bill to be entitled an Act requiring railroad companies to maintain proper road-crossings and cattle guards.

        Mr. Call, pursuant to previous notice, introduced the following bill:

        A bill to be entitled an Act declatory of the sense of the General Assembly as to the grant of lands to aid in the construction of the different railroads in this State.

        Which was placed among the orders of the day.

        Mr. Davidson moved that the resolution in relation to adjournment be placed first among the orders of the day;

        Which was adopted.

        Mr. McCall moved that the Constitution be so amended that the Capitol of the State of Florida be removed from Tallahassee to Lake City;

        Which was adopted.

        The following communication was received from the House of Representatives:

House of Representatives,
January 24, 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: The House of Representatives has passed the following bills viz.:

        A bill to be entitled an Act to amend the pleading and practice in the courts of this State;

        A bill to be entitled an Act to authorize William J. J. Duncan and Elizabeth Zipperee to establish a toll bridge across the Suwannee and Alapha rivers;

        A bill to be entitled an Act for the relief of Maria delos Dolores Justiana, and Maria Isabel Justiana;

        A bill to be entitled an Act to amend the charter of the Alabama and Florida Railroad Company in relation to election of directors;

        A bill to be entitled an Act for the relief of Satrenes Remerez and others, inhabitants of the county of Escambia;

        A bill to be entitled an Act to charter the Southern Export and and Import Company;

        A bill to be entitled an Act to allow A. I. Baker, of the county of Volusia, to practice medicine in said county;

        A Senate bill to be entitled an Act in relation to the common school fund of Santa Rosa county; and


Page 154

        A House bill to be entitled an Act to declare Peas Creek a navigable stream.

Respectfully,

A. J. PEELER,
Clerk House of Representatives.


        Senate bills ordered to be enrolled and House bills placed among the orders of the day.

        Mr. Jones from the committee on Elections made the following report:

        The committee on Elections to whom was referred A bill to be entitled an Act to amend the laws of this State in relation to elections, having had the same under consideration, instructed me to

REPORT

        In favor of the bill and recommend its passage, the same being highly needed as an amendment of the election laws of this State.

W. B. JONES,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        Mr. Simkins from the committee on Enrolled Bills made the following report:

        The committee on Enrolled Bills beg leave to report the following bill as correctly enrolled:

        A bill to be entitled an Act to amend an Act regulating Pilots and Pilotage of the bay of Pensacola.

Respectfully submitted,

E. C. SIMKINS,
Chairman.


        Mr. Dawkins from the committee on Internal Improvements made the following report:

        The committee on Internal Improvements, to whom was referred the bill entitled an Act to improve the navigation of Chipola river and other purposes, have examined the same andd recommend its passage.

D. C. DAWKINS,
Chairman.


        Which report was received and read, and the bill placed among he orders of the day.

        Mr. Baldwin from the committee on Claims and Accounts made the following report:


Page 155

        The committee on Claims and Accounts, to whom was referred a bill to be entitled an Act for the relief of Edward M. West, Justice of the Peace of Leon county,

REPORT

        That they have had the same under consideration and find the claim a just one and recommend its passage.

A. S. BALDWIN,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        Mr. Magbee, from the committee on Corporations, made the following report:

        The committee on Corporations, to whom was referred a bill to be entitled an Act to incorporate the Jacksonville, St. Augustine and Indian River Railroad Company,

REPORT:

        That they have had the same under consideration, and recommend the passage of said bill with amendments.

        All of which are herewith respectfully submitted.

JAMES T. MAGBEE, Chairman.


        Which report was received and read, and bill placed among the orders of the day.

        Mr. Magbee, from the committee on Corporations, made the following report:

        The committee on Corporations, to whom was referred a bill to be entitled an Act to establish a bank on behalf of, and for the benefit of the State of Florida, having had the same under consideration, instructed me to

REPORT:

        That there was no evidence before the Committee that the three months previous notice, required by the constitution, was ever given, and understanding that the Convention, just adjourned, had been applied to for an amendment in that particular, so as to enable the nresent General Assembly to pass said bill, which was refused by the Convention, believing that the issue of Treasury notes would answer the object better; and although the committee are of opinion that such a bank established for the State would be of great benefit


Page 156

to the State and the public, yet they are, at the same time, of opinion that the General Assembly cannot pass the bill without a violation of the constitution, unless the three months previous notice had first been given.

JAMES T. MAGBEE, Chm'n.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Magbee, from the committee on Corporations, made the following report:

        The committee on Corporations, to whom was referred a bill to be entitled an Act to establish a Bank of Tallahassee at Tallahassee, have had the same under consideration, and instructed me to

REPORT

        The same with amendments made thereto, and recommend the passage of the bill.

        Your Committee would suggest the propriety of the General Assembly, that while it is its duty to give a just and healthy circulating medium to the people of the State, at the same time to be cautious not to create too many banking institutions, the result of which might lead to the unfortunate result of either flooding the country with unredeemable paper currency, or so curtail the business of the banks, to such narrow limits, as to make the capital worthless.

JAMES T. MAGBEE,
Chairman.


        Which report was received and read, and bill placed among the orders of the day.

        Mr. Chain gave notice that he would on some future day ask leave to introduce the following bill:

        A bill to be entitled an Act to authorize Joseph H. Rowe, William J. Keyser, and other owners of wharf property at Milton, in Santa Rosa county, to establish and charge rates of wharfage.

ORDERS OF THE DAY.

        Resolution in relation to adjournment;

        Was read the second time.

        Mr. Call moved to lay the resolution on the table;

        Upon which the yeas and nays were called for by Messrs. Davidson and Bowers;

        The vote was:

        Yeas--Messrs. Brokaw, Call, Chain, Jones, Magbee, Rogers and Simkins--7.

        Nays--Mr. President, Messrs. Baldwin, Bowers, Dawkins, Davidson, Ingram, McQueen and Walker--8.


Page 157

        So said motion was lost.

        Mr. Baldwin moved that the resolution be laid upon the table until Wednesday next.

        Which was adopted.

        A bill to be entitled an Act to amend the laws of this State in relation to elections;

        Was read the second time.

        Mr. Call moved to strike out the second section;

        Which was lost.

        Mr. Finlayson moved to strike out "ten cents" and insert "five cents;"

        Upon which the yeas and nays were called for by Messrs. Ingram and Walker;

        The vote was:

        Yeas--Messrs. Bowers, Call and Finlayson--3.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Simkins and Walker--12.

        So said motion was lost.

        Mr. Call moved to amend as follows: in the fourth line of the first section, after the word "that," insert the words "at the hour of noon;" in the same line, after the word "election," insert the words "exclusive of the day on which said election is held." In the fifth line of the same section, after the word "Dade" insert "Brevard."

        Which were adopted.

        Mr. Baldwin moved to amend as follows: Strike out "with" after the word "exhausted," in the seventh line of first section.

        Which was adopted.

        The bill then as amended was ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an Act to establish the Bank of Tallahassee, at Tallahassee;

        Was read the second time and 80 copies of the bill was ordered to be printed for the use of the Senate.

        The rules being waived, Mr. Ingram 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:

        A bill to be entitled an Act to provide a remedy to inforce the lien of ship-wrights, ship-chandlers and others against ships, vessels, steam-boats or other water crafts;

        A bill to be entitled an Act relating to foreign guardians;

        A bill to be entitled an Act to amend an Act to provide for the payment of costs by plaintiffs in certain cases, in the Western Judicial Circuit;


Page 158

        A bill to be entitled an Act to increase the compensation of the Solicitors of this State;

        A bill to be entitled an Act providing for a stay of executions;

        A bill to be entitled an Act for the relief of M. D. Papy and others;

        A bill to be entitled an Act for the defence of certain Sea Ports;

        A bill to be entitled an Act to authorize the issue of bonds to the extent of one million dollars by the Commonwealth of Florida;

        A bill to be entitled an Act to protect occupants or settlers upon the public lands of the State of Florida in their possessions of, and to their improvements thereon;

        A bill to be entitled an Act to amend an act entitled an act to amend an act to authorize the appointment of Measures and Inspectors and for other purposes;

        A bill to be entitled an act for the relief of Jas. McCormick;

        A bill to be entitled an act concerning roads and highways in this State; and

        A bill to be entitled an act to amend the laws of this State regulating the issue of the process of garnishment.

Respectfully submitted,

TILLMAN INGRAM,
Chm'n Com. on Engrossed bills.


        Which report was read and bills placed among the orders of the day.

        A bill to be entitled an Act to establish a bank in behalf of and for the benefit of the State of Florida;

        Was read the second time by its title, and on motion, the bill was laid on the table.

        A bill be entitled an Act to incorporate the Jacksonville, St. Augustine & Indian river Railroad Company;

        Was read the second time by its title, amendments reported by committee adopted, and 80 copies of the bill as amended ordered to be printed.

        A bill to be entitled an Act to improve the navigation of Chipola river, and 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 for the relief of Edward M. West, Justice of the Peace of Leon county;

        Was read a second time.

        Mr. Call moved to refer the bill for the relief of E. M. West back to the committee on Claims and Accounts, with instructions for them to report the amount claimed by said E. M. West for costs due him, and the amount of fines and penalties assessed and collected in the course of said proceedings.


Page 159

        Mr. Baldwin moved as a substitute that the bill be referred to the committee on Militia;

        Which was lost.

        Mr. Dawkins moved to substitute the committee on Judiciary in lieu of committee on Claims and Accounts;

        Which was lost.

        The question then recurred upon the motion of Mr. Call;

        Which was adopted, and the bill recommitted to committee on Claims and Accounts.

        A bill to be entitled an Act for the relief of the banks of this State and for other purposes;

        Was read the second time.

        Mr. Magbee moved that the word "of" in the fourth line of the third section be striken out, and the words "put in circulation by" be inserted.

        Which was adopted.

        Mr. Dawkins moved to amend section four in the third line by inserting after the words other than their own, the words, "except by consent of the person or persons to whom such bill or bills may be offered."

        Mr. Call moved a question of order.

        The Chair decided the amendment offered by Mr. Dawkins was in order, from which decision Mr. Call appealed.

        The House sustained the decision of the Chair. The question then recurred upon the amendment as offered by Mr. Dawkins.

        Which was lost.

        Mr. Eppes moved as an amendment the following additional section.

        SEC. 3. Be it further enacted, That the several banks of this State, and the agencies of foreign banks in this State be and they are hereby authorized to suspend specie payment; and all penalties or interest heretofore provided by law upon their refusal to pay specie on demand of any bill holder of the notes of any of said banks, be and the same are hereby suspended until the first day of January, A. D. 1862.

        Upon which the yeas and nays were called by Messrs[.] Call and Eppes.

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Dawkins, David son, Jones and Walker--7.

        Nays--Messrs. Call, Chain, Ingram, Magbee, McQueen and Watlington--6.

        Which was adopted.

        Mr. Davsdson moved to amend the section just adopted by inserting between the words "banks" and "be" the words "hereafter to be issued."


Page 160

        Which was lost.

        Mr. Call moved that the bill be in indefinitely postponed:

        Upon which the yeas and nays were called by Messrs. Baldwin and Bagbee.

        The vote was:

        Yeas--Messrs. Brokaw, Call; Finlayson, Ingram, Magbee, McQueen, Walker and Watlington--8.

        Nays--Mr. President, Messrs. Baldwin, Chain, Dawkins, Davidson; and Jones--6.

        So said bill was indefinitely postponed.

        A committee appeared at the bar and informed the Senate that the House had passed a bill to be entitled an Act to chnge the time of holding the Circuit Court of the Middle Circuit of Florida.

        Which bill was received and placed among the orders of the day.

        A bill to be entitled an Act for the relief of Joseph Alzerotte;

        Was read the second time.

        Mr. Call moved to strike out the second section.

        Upon which the yeas and nays were called.

        The vote was:

        Yeas--Messrs. Bowers, Call; Dawkins, Davidson, Finlayson, Ingram, Jones, McQueen and Watlington--9.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, Chain, Magbee and Walker--6.

        So the second section was striken out.

        The bill as amended was then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an Act relating to the duties of school commissioners and for other purposes;

        Was read the second time and referred to committe on Schools and Colleges.

        A bill to be entitled an Act for the relief of James D. Smith;

        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 compel the regular attendance of witnesses.

        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 authorize the county commissioners of Washington County to establish a ferry across Holmes Creek;

        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 incorporate the Pensacola Gas Light Company;

        Was read the second time by its title and referred to committee on Corporations.


Page 161

        A bill to be entitled an Act to incorporate the College of St. Augustine to be located at St. Augustine, Fla[.];

        Was read the second time by its title and referred to the committee on Schools and Colleges.

        House bill entitled an Act permanently to locate the county site of Volusia county;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill entitled an Act for the relief of Howell A. Baisden, former Sheriff and Tax Collector of Putnam county;

        Was read the second time and referred to committee on Claims and Accounts.

        A bill to be entitled an Act for the relief of Donald Cameron Justice of the Peace of Leon County;

        Was read the second time and referred to committee on Claims and Accounts.

        A bill to be entitled an Act to extend the jurisdiction of Justice's of the Peace and for other purposes;

        Was read the second time and referred to committee on Judiciary.

        A bill to be entitled an Act to relieve the Town Council of the Town of Milton of the limits of fifty per cent, in taxation within the corporate limits of said Town, and for other purposes;

        Was read the second time and referred to the committee on Corporations.

        A bill to be entitled an Act to change the name of the county site of Holmes county from Hewitt's Bluff to that of Gay Hill, and for other purposes therein expressed;

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an Ac tto amend the law of this State in relation to Coroners and Juries of Inquest;

        Was read the second time.

        Mr. Call moved to strike out all after the enacting clause;

        Which motion was lost.

        On motion, the bill was referred to a select committee onsisting of Messrs. Chain Baldwin and Magbee.

        On motion of Mr. Davidson, the rules were waived, and the House bill entitled an Act to change the time of holding the Circuit Courts of the Middle Circuit of Florida, was taken up and read a first and second time by its title, and referred to a select committee consistsing of Messrs. Davidson, Finlayson and Walker.

        On motion the Senate adjourned until half-past ten o'clock, to-morrow morning.


Page 162

SATURDAY, January 26, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The journals of yesterday were amended and approved, and on motion, the reading of the same was dispensed with.

        Mr. Chain gave notice that he should after to day ask leave to introduce the following bill:

        A bill to be entitled an Act to provide for the obtaining of the record books and dockets required by law for the Clerks of the Circuit Courts offices of this State and for other purposes.

        Pursuant to previous notice Mr. Chain asked leave, which was granted, to introduce the following bill:

        A bill to be entitled an Act to authorize Joseph H. Rowe, William J. Keyser and owners of wharf property at Milton in Santa Rosa county, to establish rates of wharfage;

        Which was placed among the orders of the day.

        Mr. Magbee moved that a standing committee of five on Ways and Means be appointed;

        Which was adopted.

        Mr. Call moved that when the Senate adjourn to-day it adjourn until Monday, 3 o'clock, P. M.;

        Which was adopted.

        Mr. Call moved that the Secretary of the Senate be instructed to ascertain from the Secretary of the Convention whether he has transmitted all of the ordinances of the Convention to the Senate, and if not to obtain from said Secretary the remaining ordinances forthwith;

        Which was adopted.

        The following message was received from the Governor:

Executive Department,
Tallahassee, January 25, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR: I herewith enclose a statement of the condition of the bank of Fernandina on the first day of January, A. D. 1861, made by the cashier thereof.

        A press of business prevented my submitting it to the General Assembly at an earlier date.

Very respectfully,

M. S. PERRY.


        Which statement was ordered to be spread upon the journal.


Page 163

Statement of the Bank of Fernandina, January 1, 1861.

    LIABILITIES.

  • Capital stock paid in, . . . . . $95,540 00
  • Circulation, . . . . . 33,100 00
  • Due to other banks, . . . . . 39 76
  • Profits, . . . . . 3,359 22
  • Due to depositers, . . . . . 16,388 57--$148,427 55

    ASSETS.

  • Specie, bills of specie paying banks, and deposits in specie paying banks, . . . . . $ 31,842 79
  • Due by other banks, . . . . . 352 06
  • Bills of other banks, . . . . . 1,226 22
  • Bills receivable, . . . . . 109,462 02
  • Due from individuals, . . . . . 3,934 34
  • Suspence account, . . . . . 1,610 12--$148,427 55

A. W. COLE,
President.

JOHN HODGES
Cashier.


        The following message was received from the House of Representatives:

House of Representatives,
January 25, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR: The House has passed the following bills viz:

        House bill to be entitled an act to change the name of Big Spring creek in Jackson county, to Spring river;

        Senate bill to be entitled an act to change the name of Nepcy Williams to that of Nepcy Cheshire;

        Senate bill to be entitled an act to change the name of Thomas J. Danford to Thomas Jefferson Cook, and for other purposes;

        Senate bill to be entitled an act to facilitate the Express business;

        House bill to be entitled an act to permit Erasmus Thompson of Hillsborough county, to practice law in the several counties of this State;

        House bill to be entitled an act to authorize the Judge of Probate and county commissioners of New River county to draw and select Grand Jurors; and

        House bill to be entitled an act to amend the election laws in force in this State.

Very respectfully,

A. J. PEELER,
Clerk House of Representatives.



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        Which was read and House bills placed among the orders of the day and Senate bills ordered to be enrolled.

        Mr. Simkins from the committee on renrolled bills made the following report:

        The Committee on Enrolled Bills beg leave to report the following bill as correctly enrolled:

        A bill to be entitled an act in relation to common school fund of Santa Rosa county.

Respectfully submitted,

E. C. SIMKINS,
Chairman Com. on Enrolled Bills.


        Mr. Magbee, from the committee on Corporations, made the following report:

        The committee on Corporations to whom was referred a bill to be entitled an act to permit A. E. Hodges to establish a ferry across the Withlacoochee river, have had the same under consideration, and instructed me to

REPORT

        The act of 1845, Thompson's Digest, page 147, chapter 2, section 1, part 1, gives the power to the Board of county Commissioners, in the several counties of the State, of establishing ferries within the limits of their jurisdiction, but in as much as the Withlacoochee river is the dividing line between the counties of Levy and Hernando, doubts may arise as to which county the power to establish this ferry properly belongs, and as the act aforesaid does not deprive the General Assembly of the right of establishing ferries, the bill is reported back to the Senate, and its passage recommended.

JAMES T. MAGAEE,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Magbee, from the select committee, made the following report:

        A majority of the select committee to whom was referred a bill to be entitled an act concerning pilotage for the port of Cedar Keys,

REPORT:

        That they have had the same under consideration, and find that the act only applies to that port. It is deemed by a majority of the committee that a people situated as those at Cedar Keys, would not ask for any law to be passed that would effect commerce, as their interest


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is greatly depending thereon. We are therefore of opinion that the passage of the bill under consideration will benefit the people of Cedar Keys, and also those who are engaged in exporting and importing at that place. The undersigned, a majority of the committee, return to the Senate said bill, and respectfully ask that the same do pass without amendment.

JAMES T. MAGBEE, Chm'n.

JAS. W. McQUEEN.


        Which report was received and read, and bill placed among the orders of the day.

        Mr. Watlington, from the Select Committee, made the following report:

        The undersigned, of the Select Committee, to whom was referred a bill to be entitled an act concerning Pilotage for the port of Cedar Keys,

REPORT

        The following amendments to said bill, to-wit:

        In the tenth line, section three, after the word "have," insert "one-half," and in the sixteenth line, same section, strike out all after the word "shall," and insert "not be compelled to pay pilotage." In section four, between the words "bound" and "such," strike out and insert "having taken a duly authorized pilot in." Also add section 7 as follows:

        Be it further enacted, That all vessels carrying the mails along the coast of Florida, propelled either by steam or sails, when compelled by law to carry a pilot, such mail vessel shall not be bound to take a pilot, nor pay the fees required by this act.

        After the foregoing amendments the undersigned most respectfully recommend that the provisions of said bill be made a general law for all the ports of the State, all of which is by the undersigned respectfully submitted.

F. WATLINGTON,
Chairman.


        Which report was received and read, and bill placed among the orders of the day.

        The special committee made the following report:

        The special committee to whom was referred a bill to be entitled an act to amend the law of this State in relation to coroners and juries of inquest, had had the same under consideration, and ask leave to

REPORT

        That by adding to the bill the three additional sections, Nos. 5, 6,


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and 7, recommend the passage of the bill with the said additional sections.

JOHN CHAIN,

JAS. T. MAGBEE,

A. S. BALDWIN,
Committee.


        Which report was received and read and bill placed among the orders of the day.

        The special committee made the following report:

        The Special committee to whom was referred the petition of Josiah Q. Guild and twenty-six others, citizens of Santa Rosa county, having had the same under consideration, ask leave to

REPORT:

        That they have examined the said petition carefully, and from the reputed character of the petitioners, believe that the prayer of the petitioners should be granted, therefore ask leave to introduce the following bill:

        A bill to be entitled an act for the benefit of Ellis W. Hawkins, of Santa Rosa county, and recommend its passage.

JOHN CHAIN,

D. C. DAWKINS.
Committee.


        Which report was received, and bill placed among the orders of the day.

ORDERS OF THE DAY.

        A bill to be entitled an act to permit A. E. Hodges to establish a ferry across the Withlacoochee river;

        Was read the second time and ordered to be engrossed for a third reading on Monday.

        A bill to be entitled an act to amend the law of this State in relation to coroners and jurors of inquest;

        Was read the second time and amendments reported by Select committee adopted, and the bill as amended ordered to be engrossed for a third reading on Monday.

        On motion, the rules were waived, and Mr. Baldwin from committee on schools and Colleges allowed to make the following report:

        The committee on Schools and Colleges, to which was referred a bill to be entitled an oct to incorporate the College of St. Augustine to be located at St. Augustine,

REPORT:

        That the bill is an ordinary charter for a college in which is to be taught the usual branches of education at such an institution, and


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the body of corporators or trustees, are to hold real estate only from the purposes of the Institution hence your committee have authorized me to recommend its passage.

A. S. BALDWIN,
Chairman,


        A bill to be entitled an act for the benefit of Ellis W. Hawkins, of Santa Rosa county:

        Was read the first time and ordered for a second reading on Monday.

        A bill to be entitled an Act to incorporate the College of St. Augustine to be located at St. Augustine;

        Was read the second time and ordered to be engrossed for a third reading on Monday.

        A bill to entitled an act to incorporate the Hydrant Water Company of Pensacola;

        Was read a second time and referred to committee on Corporations.

        A bill to be entitled an Act to amend the charter of the city of Fernandina;

        Was read the second, amendmendments reported by the committee adopted.

        Mr. Call moved the following additional sections:

        SEC. 4. Be it further enacted, That whenever any person who shall be sentenced to pay any fine by the Mayor and Council of said town, or either of them, shall refuse to pay the same, it shall and may be lawful for said Mayor to compel the said person to work upon the public streets of said town for a time sufficient to pay the said fine and costs at the rate of one dollar per day: Provided, however, no charge shall be made against said criminal for board during the time the said work is being performed.

        SEC. 5. Be it further enacted, That the said Mayor and Council shall also have power by ordinance to prevent any vessel from landing any pauper within the limits of said town, and when any pauper shall be so landed or shall come within the limits of said town the said Mayor or Council may provide for the prompt removal and punishment in case of their return or refusal to go.

        SEC. 6. Be it further enacted, That so much of the proviso to the twenty-sixth section of the charter of said city of Fernandina as limits the tax upon real and personal estate to fifty cents on the one hundred dollars, shall not be held or deemed to apply to any special tax levied on the owner of any lot for the purpose of improving the streets and side-walks adjoining the same.

        Which were adopted.

        The bill then as amended was ordered to be engrossed for a third readng on Monday.


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        House bill to be entitled an act to incorporate the town of Campbellton, Jackson county;

        Was read the second time by its title, rule waived and read a third time by its title and put upon its passage.

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Jones, Magbee, McQueen, Rogers and Simkins--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act to amend the school laws of Columbia, Suwannee, New River, Lafayette, Nassau and Sumpter counties;

        Was read the second time. On motion the fifth section of the bill was striken out. The bill was ordered for a third reading on Monday.

        A committee appeared at the bar and informed the Senate that the House had passed Senate bill entitled an act for the relief of Gen. William E. Anderson and others with amendments.

        On motion of Mr. Eppes, the rules were waived, amendments read and concurred in, and the bill ordered to be enrolled.

        House bill to be entitled an act for the relief of A. D. Rogero, sheriff of St. Johns county;

        Was read the second time and ordered for a third reading on Monday.

        House bill to be entitled an act to allow Matthew McKinney to assume the management of his own estate;

        Was read the second time and ordered for a third reading on Monday.

        House bill entitled an Act to authorize James Addison to construct a dam across the Ocklocknee river for the purpose of erecting a mill;

        Was read the second time and ordered for a third reading on Monday.

        House bill entitled an act to re-organize the county of Brevard and for other purposes;

        Was read the second time and ordered for a third reading on Monday.

        House bill entitled an act to amend the acts creating liens in favor of builders, material men, mechanics laborers and others;

        Was read the second time and ordered for a third reading on Monday.

        House bill entitled an act to repeal an act authorizing a bridge tax in Walton county;

        Was read the second time and ordered for a third reading on


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Monday.

        House bill entitled an act authorizing and directing the Secretary of State to furnish the Clerk of the Circuit Court of Columbia county with a seal of office;

        Was read the second time and ordered for a third reading on Monday.

        House bill entitled an act to incorporate the Pensacola and Mobile Railroad and manufacturing company;

        Was read the second time and ordered for a third reading on Monday.

        A bill to be entitled an act to amend an act to require licenses to be taken out by persons and subjects not hitherto taxed, approved January 12, 1849:

        Was read the second time and referred to the committee on Taxation and Revenue.

        A bill to be entitled an act to incorporate the Florida Mutual Fire and Marine Insurance company;

        Was read the second time and referred to committee on Corporations.

        A bill to be entitled an act defining who shall be competent witnesses and for other purppses;

        Was read the second time and referred to committee on Judiciary.

        A bill to be entitled an act to empower the Judges of the Circuit Courts of this State to authorize minors to assume the management of their own estates, to contract and be contracted with, and to plead and be impleaded;

        Was read the second time and ordered to be engrossed for a third reading on Monday.

        A bill to be entitled an act regulating the order in which cases shall be tried in the Circuit Courts;

        Was read the second time and referred to committee on Judiciary.

        A bill to be entitled an act to provide for an issue of Treasury notes;

        Was read the second time and referred to the committee of Ways and Means.

        A bill to be entitled an act for the relief of Gen. Benjamin Hopkins;

        Was read the second time.

        Mr. Dawkins moved that the bill be referred to the committee on Claims and Accounts;

        Upon which the yeas and nays were called for by Messrs. Dawkins and Bowers;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Dawkins, Jones, McQueen and Simkins--8.


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        Nays--Messrs. Call, Chain, Magbee and Rogers--4.

        So said motion was adopted, and the bill referred to committee on Claims and Accounts.

        A bill to be entitled an act to provide for holding the terms of the Supreme Court at the seat of government;

        Was read the second time.

        Mr. Magbee moved that the bill be passed over informally;

        Upon which the yeas and nays were called for by Messrs. Baldwin and Call;

        The vote was:

        Yeas--Messrs. Baldwin, Dawkins and Magbee--3.

        Nays--Mr. President, Messrs. Bowers, Brokaw, Call, Chain, Davidson, Jones, McQueen and Simkins--9.

        So said motion was lost.

        Mr. Dawkins moved that the bill lie on the table until Tuesday next;

        Upon which the yeas and nays were called by Messrs. Dawkins and Magbee;

        The vote was:

        Yeas--Messrs. Baldwin, Dawkins and Magbee--3.

        Nays--Mr. President, Messrs. Bowers, Brokaw, Call, Chain, Davidson, Jones, McQueen and Simkins--9.

        So said motion was lost.

        Mr. Magbee moved to amend by adding the following additional section:

        SEC. . Be it further enacted, That the salary of said Judges shall be decreased to twenty-one hundred dollars per annum.

        Upon which the yeas and nays were called for by Messrs. Dawkins and Magbee;

        The vote was:

        Yeas--Messrs. Dawkins and Magbee--2.

        Nays--Mr. President, Messrs. Baldwin, Call, Chain, Davidson, Finlayson, Jones, Rogers, Simkins and Watlington--10.

        So said amendment was lost.

        Mr. Magbee moved to amend by adding the following additional section:

        SEC.. Be it further enacted, That the salaries of the Judges of the Supreme Court shall be two thousand dollars.

        Upon which the yeas and nays were called for by Messrs. Dawkins and Magbee;

        The vote was:

        Yeas Messrs. Dawkins, Finlayson, Magbee and McQueen--4.

        Nays--Mr. President, Messrs. Baldwin, Call, Chain, Davidson, Jones, Rogers, Simkins and Watlington--9.

        So said amendment was lost.


Page 171

        The bill was then ordered to be engrossed for a third reading on Monday.

        On motion, the rules were waived, and Mr. Davidson from the Select committee allowed to make the following report:

        The Select committee to whom was referred a bill to be entitled an act to change the times of holding the Circuit Courts in the Middle Judicial Circuit of the State of Florida, report a substitute for said bill, and recommend the passage of said substitue.

R. H. M. DAVIDSON, Chairman,

JNO. FINLAYSON.


        Which report was received and read and bill placed among the orders of the day.

        House bill entitled an act to change the times of holding the Circuit Courts in the Middle Judicial Circuit of the State of Florida;

        Was read the second time, substitute reported by Select committee adopted, rule waived, read the third time by its title, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, McQueen, Rogers, and Simkins--12

        Nays--None.

        So said bill passed--title as stated.

        On motion, a committee consisting of Messrs. Davidson, Finlayson and Jones were appointed to convey said bill and substitute to the House and inform that body of the action of the Senate thereon. Said committee retired and after a short absence returned and reported that they had performed said duty and were discharged.

        On motion the rules were waived, and Mr. Dawkins moved that the Senator from Alachua be excused from attendance on the Senate until Wednesday next;

        Which was adopted.

        A bill to be entitled an act to establish a term of the Supreme Court in the Suwannee Circuit;

        Was read the second time and referred to a select committee consisting of Messrs. Chain, Call and Watlington.

        A committee appeared at the bar and informed the Senate that the House had passed a bill to be entitled an act to provide for the payment of the 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 Seminoles;

        The bill was received and placed among the orders of the day.

        A bill to be entitled an act to amend the act governing the county commissioners of Nassau county in certain cases;

        Was read the second time and ordered to be engrossed for a third reading on Monday.


Page 172

        A bill to entitled an act declaring of what estate widows shall be endowed;

        Was read a second time and referred to committee on Judiciary.

        Resolution relating to the Florida and Georgia Boundary line;

        Was read a second time and ordered to be engrossed for a third reading on Monday.

        Resolution relative to the price of the public lands in this State;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Brokaw, Call, Chain, Jones, Magbee, McQueen and Rogers--9.

        Nays--Messrs. Davidson and Finlayson--2.

        So said resolution passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act to authorize William J. J. Duncan and Elizabeth Zippera to establish a toll bridge across the Suwannee and Alapaha rivers;

        Was read the first time and ordered for a second reading on Monday.

        House bill for the relief of Maria de los Dolores Justimani and Maria Isabel Justimani;

        Was read the first time and ordered for a second reading on Monday.

        House bill entitled an act to amend the charter of the Alabama and Florida Railroad company in relation to the election of directors;

        Was read the first time and ordered for a second reading on Monday.

        House bill to be entitled an act for the relief of Satrene Ramerez and others, inhabitants of the county of Escambia;

        Was read the first time, and ordered for a second reading on Monday.

        House bill to be entitled an act to allow A. J. Baker, of the county of Volusia, to practice medicine in said county;

        Was read the first time and ordered for a second reading on Monday.

        House bill to be entitled an act to declare Peas Creek a navigable stream;

        Was read the first time and ordered for a second reading on Monday.

        House bill entitled an act to amend the pleading and practice in the Courts of this State;

        Was read a first time and ordered for a second reading on Monday.


Page 173

        Engrossed bill entitled an act to provide a remedy to enforce the lien of ship-wrights, ship-chandlers and others, against ships, vessels, steamboats, or other water crafts;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Jones, Finlayson, Magbee, McQueen, Rogers, Simkins and Watlington--14.

        Nays--None.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        The Chair announced the following standing committee on Ways and Means, in pursuance to resolution adopted this morning, viz:--Messrs. Magbee, Finlayson, Dawkins, Call and Watlington.

        On motion the Senate adjourned until Monday, three o'clock, P. M.

MONDAY, January 28, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion the reading of the journal of Saturday's proceedings was dispensed with, amended and approved.

        Mr. Dawkins gave notice that he would on a subsequent day ask leave to introduce the following bills:

        A bill to be entitled an act concerning elections; and

        A bill to be entitled an act requiring Judges of Circuit Courts to set specific days for the trial of causes wherein three or more witnesses are subpoenaed.

        Mr. Jones gave notice that he would on some future day ask leave to introduce the following bill:

        A bill to be entitled an act to regulate the common school fund in the counties of Washington and Holmes.

        Mr. Magbee moved that the rules be waived to allow him to introduce the following bill:

        A bill to be entitled an act to authorize the county commissioners of Hillsboro's county to borrow money;


Page 174

        Which was adopted, and bill placed among the orders of the day.

        Mr. Call moved that the vote ordering the bill to make permanent the terms of the Supreme Court at the seat of Government, to be engrossed for a third reading on to-day, be reconsidered;

        Which was adopted.

        Mr. Call gave notice that he would on some future ask leave to introduce the following bill;

        A bill to be entitled an act for the relief of Holstead R. Hoeg.

        Mr. Call, pursuant to previous notice, introduced the following bills:

        A bill to be entitled an act to increase taxes;

        A bill to be entitled an act to amend the attachment laws; and

        A bill to be entitled an act requiring railroad companies to maintain proper cattle guard, and railroad crossings;

        Which were placed among the orders of the day.

        Mr. Chain asked leave, which was granted him, to introduce the following bill, of which he had previously given notice:

        A bill to be entitled an act to provide for the obtaining of the record books and dockets, required by law for the clerks of the Circuit Courts offices of this State, and for other purposes;

        Which was placed among the orders of the day.

        The following message was received from the House of Representatives:

House of Representatives,
January 26th, 1861.

HON. T. J. EPPES:
President of the Senate:

        SIR--The House has passed the following bills viz:

        House bill to be entitled an act for the relief of Walton county, relative to the school fund;

        Senate bill to be entitled an act concerning replevin;

        Senate bill to be entitled an act for the relief of Gen. William E. Anderson and others, as amended;

        Senate bill to be entitled an act restoring Josiah Bird, of Hamilton county, to the right of suffrage, and other privileges;

        Senate bill to be entitled an act to facilitate criminal proceedings;

        House bill to be entitled an act to locate the county site of Levy county;

        House bill to be entitled an act to incorporate the German Building and Saving Association;

        House bill to be entitled an act for the relief of T. C. Bolling, administrator of R. A. Child, deceased; and

        House bill to be entitled an act to organize Baker county.

Respectfully,

A. J. PEELER
Clerk of the House of Representatives.



Page 175

        Which was read, Senate bills ordered to be enrolled, and House bills placed among the orders of the day.

        The following message was received from the House of Representatives:

House of Representatives,
January 28th, 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: The House has passed the following bills and resolution, viz:

        House bill to be entitled an act to compensate B. F. Whitner, Jr., for services in running and marking the boundary line between the States of Florida and Georgia;

        Senate bill to be entitled an act to authorize and empower Florida A. Stanley to assume the management of her own estate;

        Senate bill to be entitled an act to change the name of Martha Anne Barnes to that of Martha Harriet McClelland;

        House resolution for the relief of John M. Irwin;

        Senate bill to be entitled an act to change the name of George R. Clotfelter to George Washington Rosemond; (Lost in the House.)

        Senate bill to be entitled an act for the relief of James C. McArthur, former Sheriff of Santa Rosa county; and

        Senate bill to be entitled an act to repeal so much of the act approved January 7th, 1859, as consolidates the office of Tax Assessor and Collector and Sheriff of Wakulla county.

Respectfully,

A. J. PEELER,
Clerk House Rep.


        Which was read, Senate bills ordered to be enrolled, and House bills placed among the orders of the day.

        The following communication was received from the Secretary of the State Convention:

Tallahassee, Fla., Jan. 26, 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: I herewith transmit to your body the ordinances passed in Convention, at the late session of the people's Convention, not heretofore transmitted to your body:

        An ordinance providing for the organization of the army of Florida;

        An ordinance construing certain clauses of the Constitution of this State;

        An ordinance for the relief of certain persons in Calhoun and Franklin counties;

        An ordinance continuing certain offices in this State;


Page 176

        An ordinance relating to a convention of slaveholding States;

        An ordinance on Postal arrangements;

        An ordinance abolishing certain offices; and

        A resolution instructing the delegates to the slaveholding States' convention.

Very respectfully,

WILLIAM S. HARRIS
Secretary of the Convention.


        Which was read.

        Mr. Simkins, from the committee on enrolled bills, made the following report:

        The commttte on enrolled bills beg leave to report the following bills as correctly enrolled;

        A bill to be entitled an act for the relief of Gen. Wm. E. Anderson, and others;

        A bill to be entitled an act to change the name of Thomas J. Danford to Thomas Jefferson Cook, and for other purposes;

        A bill to be entitled an act to facilitate the express business; and

        A bill to be entitled an act to change the name of Nepcy Williams to that of Nepcy Cheshire.

Respectfully submitted,

E. C. SIMKINS,
Chairman Com. on Enrolled Bills.


        Mr. Magbee, from the committee on Corporations, made the following report:

        The committee on Corporations to whom was referred a bill to be entitled an act to incorporate the Pensacola Gas-light Company, have instructed me to report the bill back without amendment, and recommend its passage.

JAMES T. MAGBEE, Chm'n.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Magbee, from the committee on Corporations, made the following report:

        The committee on Corporations to whom was referred a bill to be entitled an act to incorporate the Marine and Fire Insurance Company of Pensacola, having had the same under consideration, have instructed me to report the bill back to the Senate without amendments, and recommend its passage.

JAMES T. MAGBEE, Chm'n.


        Which report was received and read and bill placed among the orders of the day.


Page 177

        Mr. Magbee, from the committee on Corporations, made the following report:

        The committee on Corporations to whom was referred a bill to be entitled an act to relieve the town council of the town of Milton of the limits of fifty per cent. in taxation within the corporate limits of said town, and for other purposes, have instructed me to report the bill back without amendment, and ask that the same do pass.

JAS. T. MAGBEE, Chm'n.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Magbee from the committee on Corporations made the following report:

        The committee on Corporations to whom was referred a bill to be entitled an act to incorporate the Florida and Georgia Railroad Company, have instructed me to report said bill back to the Senate, and recommend its passage with the following amendments, viz.: after the word Foster in ninth line of the third section add at Fernandina, under the superintendance of Joseph Finegan, Henry Temanas and James E. Brown, at Lake city, under the superintendance of Silas N. Niblack, James M. Baker and William W. McCall, at Gainsville, under the superintendance of Tillman Ingram, C. A. Ramsey and J. B. Dawkins, at Micanopy, under the superintendance of G. W. Means, W. Edwards and R. S. Stoughton, at Ocala, under the superintendance of S. St. George Rogers, Robt. Bullock and A. C. Brown, at Sumpterville, under the superintendance of D. G. Leigh, J. A. Lee and A. D. Johnson, at Brooksville, under the superintendance of Felix Simmons, M. C. Peterson and N. W. Holland, at Tampa, under the superintendance of S. B. Tood, William Cooly and John Darling. In the ninteenth and tweentieth line strike out the words in the city of Jacksonville, and insert of any paper published in the place when the books are opened, and if none, then in some other convenient paper, and in the twenty-third line of the same section strike out the words at the city of Jacksonville, at the time appointed by the commissioners for the purpose, and insert at the town of Baldwin. In the fourth section strtke out in the city of Jacksonville, and insert in East Florida, and section sixteen as follows:

        Be it further enacted, That if in the opinion of the directors of the said railroad company a more eligible point for a departure of said railroad to the Georgia line can be found at any point on the Florida, Atlantic and Gulf Central Railroad between Lake city and Baldwin, or on the Florida Railroad between Fernandina and Baldwin or Gainsville, having and keeping in view the most direct line from the Georgia line to the city of Tampa, in the county of Hillsborough


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the said directors shall convene a meeting of the stockholders of the said company giving thirty days notice thereof in some newspaper to be selected by them, and if at the said meeting the route selected by the majority of stockholders, the same shall be adopted as the route of the said railroad, but in that event any stockholder dissatisfied with the same may give notice of his dissent at any time within thirty days by filing a written notice of the fact with the President or Secretary of said company, which act shall entitle the said stockholder to have the amount paid by him on his stock refunded by said company and shall himself cease to be a stockholder therein. Also add--

        Sec. 17. Be it further enacted, That the twetieth section of the act approved January the sixth (6th), 1855, entitled an act to provide for and encourage a liberal system of internal improvements in this State, be and the same is hereby repealed.

Respectfully submitted,

J. T. MAGBEE,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Dawkins from the committee on Internal Improvements made the following report:

        The committee on Internal Improvements to whom was referred a petition from eighty-six citizens of Orange county, stating that after mature examination of Weekiver creek and Spring Run a branch of Weekiver, they believe that it would be of much importance and great utility to the counties of Orange, Brevard and Sumpter to clear out the channel of said stream, as they would consequently be made navigable for small sized steamers, thereby affording facilities for trade, and other advantages hitherto unknown in that locality.

        The petitioners also state, that the cleaning out of said streams would reclaim thousands of acres of the finest corn and sugar lands in the State, known as swamp and overflowed lands, belonging both to the State by original right, and by the Internal Improvement grant. The petitioners ask that the Legislature grant alternate sections of State and Internal Improvement lands for three miles on either side of those streams to aid and facilitate their contemplated enterprise. Your committee conceiving a favorable opinion of the earnest and respectful application of the petitioners, and being impressed with the probable advantages which may result both to the citizens of those counties and to the State, have thought proper to present the following bill, and recommsnd its passage.

D. C. DAWKINS,
Chairman.


        Which was received and read, and the bill placed among the Orders of the day.


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        Mr. McQueen from the committee on Engrossed bills, made the following report:

        The committee on Engrossed bills beg leave to report the following bills and resolution as correctly engrossed:

        A bill to be entitled an act to amend the charter of the city of Fernandina;

        A bill to be entitled an act to improve the navigation of Chipola river, and other purposes;

        A bill to be entitled an act for the relief of Joseph Alzerotte;

        A bill to be entitled an act for the relief of Dr. James D. Smith;

        A bill to be entitled an act to compel the regular attendance of witnesses;

        A bill to be entitled an act to amend the laws of this State in relation to elected;

        A bill to be entitled an act to authorize the County Commissioners of Washington county to establish a ferry across Holmes' creek;

        A bill to be entitled an act to change the name of the county site of Holmes county, from Hewitts Bluff, to that of Gay Hill, and for other purposes therkin expressed;

        A bill to be entitled an act to provide for holding the terms of the Supreme Court at she seat of government;

        A bill to be entitled an Act to amend the Act governing the County Commissioners of Nassau county in certain cases;

        Resolution relating to the Florida and Georgia boundary line;

        A bill to be entitled an Act to impower the Judges of the Circuit Courts of this State to authorize minors to assume the management of their own estates, to contract and be contracted with, and to plead and be impleaded;

        A bill to be entitled an act to amend the law of this State in relation to coroners and juries of inquest; and

        A bill to be entitled an Act to permit A. E. Hodges to establish a ferry across the Withlacoochee river.

Respectfully submitted,

JAS. W. McQUEEN,
of the committee.


        Mr. Baldwin, from the committee on Claims and Accounts, made the following report:

        The committee on Claims and Accounts to whom was referred the House bill to be entitled an act for the relief of Howell A. Baisden, &c.,

REPORT:

        That there is nothing in this bill which require the action of your committee, and it is simply a request and order that the Comptroller


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may audit and the Treasurer pay such accounts as the County Commissioners of Putnam county may declare that the said Baisden is justly entitled to the sum, your committee recommend its passage.

A. S. BALDWIN, Chairman.


        Which was read and the bills placed among the orders of the day.

        Mr. Baldwin from the committee on Claims and Accounts made the following report:

        The committee on Claims and Accounts to which was referred the bill for the relief of Maj. Gen. Benjamin Hopkins.

REPORT:

        That they have examined as thoroughly as the time since the references made would permit, but as it would to embody into this report all the facts relating to this subject make the report too voluminous, your committee asks leave to refer the Senate to the journal of the proceedings of the Senate for the session of 1852-3, to the correspondence to be found on pages of said journal from 53 to 88 inclusive, from this correspondence it will be seen that Gen. Hopkins was called into service by the Governor of the State both as a special agent and Major General of the second division of Florida militia, various letters from individuals on the frontier urged upon the Governor the necessity of calling out a large force to protect the frontier against the attacks of lawless Indian bands, and the Governor of the State authorized the said Hopkins as Major General to call out such a force as in his judgment the circumstances required for full protection of white settlers upon the frontier, and he recommended the appointment of two staff officers to the Major General to wit: Arthur Ginn as Quarter Master and Dr. A. S. Speers as Surgeon. And it further appears to your committee, that an amount has been appropriated to the payment of the troops and officers called out at this time in which Gen. Hopkins has been paid a certain amount, and these officers, Ginn and Speer, have been allowed an amount proportionate to their rank with Gen. Hopkins, but subsequently an appropriation to the said Ginn and Speer has been made and paid to them as aids in the staff of Gen. Hopkins as a Major General, while the appropiation for a like pay has failed to Gen. Hopkins from various causes not here necessary to be mentioned. But from the corresponce to which the Senate is referred, and from the action since taken by the Legislature of this State in reference to staff officers, Ginn and Speer. Your committee can come to no other conclusion than that the claim of the said Hopkins is a just one and as he only asks for a balance due him, it is but a simple act of justice on the part of the General Assembly to authorize his claim


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to be paid. Hence your committee urge this act of justice uyon the Senate and recommend the passage of the bill under consideration.

Respectfully submitted,

A. S. BALDWIN,
Chairman.


        Mr. Brokaw, from the committee on Claims and Accounts, made the following report:

        The committee on Claims and Accounts to whom was referred back a bill to be entitled an act for the relief of E. M. West, a Justice of the Peaee of Leon county, have had the same under consideration, ask leave to make the following

REPORT:

        The committee find upon examination that the amount of fines assessed are $66.00, and the amount collected, $32.00, and the amount of E. M. West's bill for cost, $27.25; the committee think the claim just and correct, and recommend that the same be paid.

P. B. BROKAW, Chairman.


        Which was received and read, and the bill ordered to be placed among the orders of the day.

ORDERS OF THE DAY.

        House bill to be entitled an act to incorporate the Pensacola Gas Light Company;

        Was read the second time.

        Mr. Chain moved that not less than ten of whom, at least five, shall be residents of this State be inserted after the word associates;

        Which was adopted, and the bill was then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an Act to incorporate the Marine and Fire Insurance Company of Pensacola;

        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 relieve the Town Council of the Town of Milton of the limits of fifty per cent. in taxation, within the corporate limits of said Town, 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 incorporate the Florida and Georgia Railroad Company;

        Was read the second time by its title, and 80 copies ordered to be printed.

        A bill to be entitled an act for the relief of Maj. Gen. Benjamin Hopkins;


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        Was read a second time and ordered to be engro sed for a third reading on to-morrow.

        A bill to be entitled an act for the relief of Edward M. West, Justice of the Peace of Leon county;

        Was read the second time.

        Mr. Call moved to strike out all after the word services, and the words "and that the Paymaster General be authorized to pay the same out of the Military fund," be inserted;

        Which was adopted, and the bill was then ordered to be engrossed for a third reading on to-morrow.

        House bill to be entitled an act for the relief of Howell A. Baisden, former Sheriff and Tax Collector of Putnam county;

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act relating to foreign Guardians;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Jones, Magbee, Rogers and Simkins--9.

        Nays--Mr. President, Messrs. Brokaw, Finlayson and McQueen--4.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend an act to provide for the payment of costs by plaintiffs in certain cases in the Western Judicial Circuit;

        Was read the third time.

        On motion of Mr. Bowers, the rule was waived, and the bill placed back upon its second reading for to-morrow.

        A bill to be entitled an act to increase the compensation of the Solicitors of this State;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Finlayson and Rogers--7.

        Nays--Messrs. Bowers, Dawkins, Jones, Magbee, McQueen and Simkins--6.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act providing for a stay of executions;

        Was read the third time.

        Mr. Magbee moved that the bill lie on the table;

        Upon which the yeas and nays were called for by Messrs, Rogers and Magbee;

        The vote was:


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        Yeas--Messrs. Brokaw, Finlayson, Magbee, McQueen and Simpkins--5.

        Nays--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Jones, Rogers and Watlington--9.

        So said motion was lost.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Chain and Watlington--4.

        Nays--Messrs. Baldwin, Bowers, Brokaw, Dawkins, Finlayson, Jones, Magbee, McQueen, Rogers and Simkins--10.

        So said bill was lost.

        A bill to be entitled an act for the relief of M. D. Papy and others:

        Mr. Rogers moved that the rule be waived to allow him to offer an amendment;

        Which was adopted.

        Mr. Rogers moved to amend by striking out the third section;

        Which was lost.

        The bill was then put upon its passage;

        The vote was;

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Finlayson, Magbee and Watlington--9.

        Nays--Messrs. Bowers, Jones, McQueen, Rogers and Simkins--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act for the defence of certain seaports;

        Was read the third time.

        On motion of Mr. Rogers, the rule was waived, and he was allowed to offer the following amendment:

        Mr. Rogers moved to amend by inserting the words "and no more," after the words "four hundred dollars;"

        Which was lost.

        Mr. Dawkins moved to strike out the 2d section;

        Which was lost.

        Mr. Call offered the following additional section:

        Be it further enacted, That all expenditures heretofore made or liabilities incurred at either of said points since Jan. 1st, 1861, under pretence of fortifying the same be deducted from said $500;

        Which was adopted.

        Mr. Rogers moved the indefinite postponement of the bill;

        Upon which the yeas and nays were called for by Messrs. Call and Rogers;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Dawkins, Finlayson, McQueen and Watlington--6.


Page 184

        Nays--Messrs. Baldwin, Bowers, Call, Jones, Magbee, Rogers, Simkins and Walker--8.

        So said motion was lost.

        Mr. Call moved that the bill providing for the defence of certain Seaport Towns be referred to the committee on the Militia, with instructions to report a bill regulating the expenditures on the sea board for fortifications;

        Which was adopted.

        A bill to be entitled an act to authorize the issue of bonds to the extent of one millions of dollars by the Commonwealth of Florida;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--13.

        Nay--Mr. Bowers--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to protect occupants or settlers upon the public lands of the State of Florida in the possessions of and to their improvements thereon;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        On motion, the Senate adjourned until to-morrow morning half past ten o'clock.

TUESDAY, January 29, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion the reading of the minutes of yesterday's Journal were dispensed with--the Journal amended and approved.


Page 185

        Mr. Dawkins moved that the Senator from Walton be excused from further attendance on the Senate after to morrow.

        Which was adopted.

        Pursuant to previous notice Mr. Dawkins asked leave to introduce the following bills:

        A bill to be entitled an act concerning elections; and

        A bill to be entitled an act requiring Judges of Circuit Courts to set specific days for the trial of causes wherein three or more witnesses are subpoened.

        Which were placed among the orders of the day.

        Pursuant to previous notice Mr. Call introduced the following bills:

        A bill to be entitled an act for the relief of Halstead H. Hoeg and assignee;

        A bill to be entitled an act to reduce the costs of criminal prosecutions; and

        A bill to be entitled an act providing a mode of instituting suits against counties.

        Which were placed among the orders of the day.

        Mr. Call gave notice that he would at some future day introduce the following bills:

        A bill to be entitled an act to prevent citizens of those States which have passed supension and stay laws from collecting debts in Florida;

        A bill to be entitled an act granting to the State the right of appeal and pre-emptory challenges in criminal cases;

        A bill to be entitled an act granting compensation to the several solicitors in civil suits on behalf of the State; and

        A bill to be entitled an act providing for a jury fee in the Circuit Courts.

        Mr. Magbee from the committee on Incorporations made the following report:

        The committee on Incorporations to whom was referred a bill to be entitled an act to incorporate the Hydrant Water Company of Pensacola, have instructed me to report the bill back and recommend its passage with the ammendments accompanying the bill.

JAS. T. MAGBEE,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Magbee from the committee on Incorporations made the following report:

        The committee on Incorporations to whom was referred a bill to be entitled an act to incorporate the Florida Mutual, Fire and Marine


Page 186

Insurance Company, have instructed me to report said bill back to the Senate with amendments, which with the bill is respectfully submitted.

JAS. T. MAGBEE,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Mr. McQueen from the committee on Engrossed Bills made the following report:

        The committee on Engrossed Bills ask leave to report the following bills as correctly engrossed:

        A bill to be entitled an act to incorporate the College of St. Augustine, to be located at St. Augustine;

        A bill to be entitled an act to relieve the town Council of the town of Milton of the limits of fifty per cent. in taxation within the corporate limits of said town and for other purposes;

        A bill to be entitled an act to incorporate the Marine and Fire Insurance company of Pensacola;

        A bill to be entitled an act to incorporate the Pensacola Gas Light Company;

        A bill to be entitled an act for the relief of Maj. Gen. Benjamin Hopkins; and

        A bill to be entitled an act for the relief of Edward M. West, Justice of the Peace of Leon county.

Respectfully submitted,

JAS. W. McQUEEN,
Chairman.


        Which report was read and bills placed among the orders of the day.

        The Special committee to whom was referred a bill to be entitled an act to establish a term of the Supreme Court in the Suwannee Circuit, having had the same under consideration, ask leave to report the accompanying bill in lieu of the original one, and ask that the same do pass.

JOHN CHAIN,

GEO. W. CALL,

F. WATLINGTON,
Committee.


        Which report was received and read and bill placed among the orders of the day.

ORDERS OF THE DAY.

        A bill to be entitled an act to incorporate the Hydrant Water Company of Pensacola;


Page 187

        Was read the second time, amendments reported by committee adopted, and bill as amended ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to incorporate the Florida Mutual Fire and Marine Insurance Company;

        Was read the second time, amendments reported by committee adopted, and the bill ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to alter and change the time of holding the several terms of the Supreme Court;

        Was read the second time, substitute reported by committee adopted, and bill ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to charter the Southern Export and Import Company;

        Was taken up, amendments made by the House concurred in, and the bill ordered to be enrolled.

        On motion of Mr. Rogers the rules were waived, and he was allowed to introduce, according to previous notice, the following bill:

        A bill to be entitled an act in relation to the admission of Attorneys;

        Rules waived, and the bill read first and second time by its title, and referred to committee on Judiciary.

        Engrossed bill entitled an act to amennd an act entitled an act to amend an act to authorize the appointment of measurers and inspectors, and for other purposes;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Engrossed bill entitled an act for the relief of James McCormick;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call Chain, Dawkins, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.


Page 188

        Engrossed bill entitled an act concerning roads and highways in St. John's county in this State:

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw. Call, Chain, Dawkins, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nays--none,

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Engrossed bill to be entitled an act to amend the law of this State regulating the issue of the process of garnishment;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to establish Notary fees;

        Was read a second time, and on motion of Mr. Call, the printed bill was adopted as substitute for the original, amendments as reported adopted, and bill ordered to be engrossed for a third reading.

        House bill to be entitled an act to amend the election laws in force in this State;

        Was read the first time and ordered for second reading on to-morrow.

        House bill entitled an act to permit Erasmus Thompson, of Hillsboro county, to practice law in the several Courts of this State;

        Was read the first time and ordered for a second reading on to-morrow.

        House bill 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:

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act declaratory of the sense of the General Assembly as to the grant of lands to aid in the construction of the different Railroads in this State;

        Was read the second time and referred to the Committee on Internal Improvements.


Page 189

        A bill to be entitled an act concerning pilotage of the port of Cedar Keys;

        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 authorize Joseph H. Rowe, Wm. J. Keyser, and other owners of wharf property at Milton, in Santa Rosa county, to establish and charge rates of wharfage;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act defining the condition of free negroes and other persons of color in this State;

        Was read the second time.

        Mr. Dawkins moved to strike out all after the enacting clause of the first section.

        Upon which the yeas and nays were called by Messrs. Rogers and Magbee.

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Chain, Dawkins, Finlayson, Jones and Walker--9.

        Nays--Messrs. Call, Magbee, McQueen, Rogers and Simkins--5.

        So said motion was adopted.

        On motion of Mr. Dawkins the vote was reconsidered.

        Mr. Dawkins moved to strike out the words "one-eight"

        Which was adopted.

        M. Dawkins moved to insert the words "one fourth."

        Which was adopted.

        Mr. Call moved that the blank be filled by adding 10th February, 1832.

        Mr. Rogers moved that the bill be passed over informally until to-morrow.

        Mr. Call moved that a committee of three be appointed to act with a similar committee on the part of the House to confer with the Governor and report whether the public interests will require the General Assembly to remain in session longer than Monday the fourth of February.

        Which was adopted and Messrs. Call, Finlayson and Bowers were appointed as said committee.

        The rules being waived, Mr. Finlayson 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 to amend an act to require licenses to be taken out by persons and subjects not hitherto taxed, approved Janasy 12th, 1849, report that they have had the same under consideration and recommend its passage.

JNO. FINLAYSON,
Chairman.



Page 190

        Which report was received and read and bill placed among the orders of the day.

        Mr. Finlayson moved that the rules be waved in order to allow him to make a motion; which was agreed to

        Mr. Finlayson moved that he be allowed without previous notice to introduce a bill to be entitled an act combining the offices of sheriff and tax assessors of Jeffer on county.

        Which was adopted.

        Mr. Finlayson moved that the rule be waived, that said bill be read a first and second time by its title; which was granted, and the same then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to establish the Commercial Bank of of Lake city;

        Was read the second time, and on motion of Mr. Magbee, referred to committee on Corporations.

        House bill to be entitled an act to locate permanently the county site of Volusia county;

        Which was read the third time and put upon its passage.

        The vote was:

        Yeas--Messrs. Bowers, Brokaw, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McQueen, Rogers, Simkins Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to change the name of Big Spring Creek in Jackson county to Spring river;

        On motion of Mr. Dawkins, the rules were waived, and bill read a second and third time by its title and put upon its passage.

        The vote was:

        Yeas--Messrs. Bowers, Brokaw, Call, Chain, Dawkins, Finlayson, Jones, McQueen, Rogers, Simkins and Walker--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Mr. McCall moved to waive the rules so that he could make a motion to withdraw the bill to be entitled an act to establish the Commercial Bank of Lake City from the committee on Corporations and have it referred to a select committee;

        Which was adopted, and Messrs. McCall, Brokaw and Baldwin appointed as said committee.

        A bill to be entitled an act for the benefit of Ellis W. Hawkins, of Santa Rosa county;


Page 191

        Was read the second time.

        Mr. Magbee moved that the bill be indefinitely postponed;

        Upon which the yeas and nays were called for by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Davidson, Finlayson, McQueen, Simkins and Walker--8.

        Nays--Messrs. Bowers, Call, Chain, Dawkins, Jones, Magbee, McCall and Watlington--8.

        So said motion was lost.

        The bill was then ordered to be engrossed for a third reading on to morrow.

        House bill entitled an act to amend the school laws of Columbia, Suwannee, New River, La Fayette, Nassau and Sumpter counties;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Davidson, Finlayson, Jones, McCall, McQueen, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act for the relief of A. D. Rogero Sheriff of St. Johns county;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, McQueen, Simpkins, Walker and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act to allow Matthew L. McKinnon to assume the management of his own estate;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, McCall, McQueen, Simkins and Watlington--13.

        Nays--Messrs. Brokaw and Walker--2.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.


Page 192

        House bill entitled an act to authorize James Addison to construct a dam across the Ocklocknee river for the purpose of erecting a mill;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Baldwin, Bowers, Chain, Dawkins, Jones, Magbee, McQueen, Simkins and Walker--9.

        Nays--Mr. President, Messrs. Brokaw, Call, Davidson, Finlayson, McCall and Watlington--7.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act to reorganize the county of Brevard and for other purposes;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McQueen, Simkins, Walker and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act to amend the acts creating liens in favor of builders, material men, mechanics, laborers and others;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, McQueen, Simkins and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act to repeal an act authorizing a bridge tax in Walton county;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Chain, Dawkins, Davidson, Jones, Magbee, McCall, McQueen and Simkins--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.


Page 193

        House bill entitled an act authorizing and directing the Secretary of State to furnish the Clerk of the Circuit Court of Columbia county with a seal of office;

        Was read the third and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, McQueen, Simkins and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to incorporate the Commercial Bank of Lake City;

        Was read the second time by its title and referred to a select committee consisting of Messrs. McCall, Brokaw and Baldwin.

        House bill entitled an act to incorporate the Pensacola and Mobile Railroad and Manufacturing company;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McCall, McQueen, Simkins, Walker and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatizes.

        House bill to be entitled an act to authorize William J. J. Duncan and Elizabeth Zippera to establish a toll bridge across the Suwannee and Alapaha rivers;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill entitled an act for the relief of Maria de los Dolores Justimani and Maria Isabel Justimani;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill entitled an act to amend the charter of of the Alabama and Florida Railroad Company in relation to election of Directors;

        Was read the second time and referred to committee on Internal Improvements.

        House bill entitled an act for the relief of Satrene Ramirez, and others, inhabitants of the county of Escambia;

        Was read the second time and referred to committee on Judiciary.

        House bill entitled an act to allow A. J. Baker of the county of Volusia to practice medicine in said county;


Page 194

        Was read the second time and ordered for a third reading on tomorrow.

        House bill to be entitled an act to amend the Pleading and Practice in the Courts of this State;

        Was read the second time and ordered for a third reading on tomorrow.

        A bill to be entitled an act to authorize the County Commissioners of Hillsborough county to borrow money;

        Was read the first time and ordered for a second reading on tomorrow.

        A bill to be entitled an act requiring Railroad Companies to maintain proper cattle guards and Railroad crossings;

        Was read the first time and ordered for a second reading on tomorrow.

        A bill to be entitled an act to amend the attachment laws;

        Was read the first time and ordered for a second reading on tomorrow.

        A bill to be entitled an act to increase the taxes;

        Was read the first time and ordered for a second reading on tomorrow.

        A bill to be entitled an act to provide for the obtaining of the record books and dockets required by law for the Clerks of the Circuit Court offices of this State, and for other purposes;

        Was read the first time and ordered for a second reading on tomorrow.

        House bill entitled an Act for the relief of Walton county, relative to the school fund;

        Was read the second time and ordered for a third reading on tomorrow.

        House bill entitled an act to locate the county site of Levy county:

        Was read the first time and ordered for a second reading on tomorrow.

        House bill to be entitled an act to incorporate the German Building and Saving Association:

        Was read the first time and ordered for a second reading on tomorrow.

        House bill entitled an act for the relief of T. C. Bolling, administrator of R. A. Child, deceased;

        Was read the first time and ordered for a second reading on tomorrow.

        House bill entitled an act to organize Baker county;

        Was read the first time and ordered for a second reading on tomoraow.

        House resolution for the relief of John M. Irwin;

        Was read the first time and ordered for a second reading on tomorrow.


Page 195

        House bill entitled an act to compensate B. F. Whitner for services in running and marking the boundary line between the States of Florida and Georgia;

        Was read the first time and ordered for a second reading on tomorrow.

        A bill to be entitled an act to improve the navigation of Weekiver creek and Clay Spring river, and reclaim the swamp and over flowed lands on said streams;

        Was read the second time.

        Mr. Baldwin offered the following amendment:

        Provided that in the opinion of the Trustees that said improve will effect the valuation of said lands.

        Upon which the yeas and nays were called for by Messrs. Dawkins and Rogers;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Brokaw, Dawkins, Davidson, Jones, Magbee, McQueen, Simkins and Walker--12.

        Nays--Messrs. Call and Chain--2.

        So said amendment was adopted.

        The bill as amended was ordered to be engrossed.

        A bill to be entitled an act to provide for holding the terms of the Supreme Court at the seat of Government;

        Was read the third time, and on motion 'laid on the table until Thursday next.

        On motion the Senate took a recess until 3½ o'clock.

HALF-PAST THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        The orders of the day were resumed.

        A bill to be entitled an act governing the County Commissioners of Nassau county in certain cases;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Walker and Watlington--11.

        Nays--None.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Resolution relating to the Florida and Georgia boundary line;

        Was read a third time and put upon its passage;

        The vote was:


Page 196

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to impower the Judges of the Circuit Courts of this State to authorize minors to assume the management of their own estates, to contract and be contracted with, and to plead and be impleaded;

        Was read a third time and put upon its passage;

        The vote was;

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson Finlayson, Jones, Magbee, McCall and Watlington--12,

        Nay--Mr. Walker--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the law of this State in relation to coroners and juries of inquest;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, Walker and Watlington--11.

        Nays--Messrs. Call and McCall--2.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to permit A. E. Hodges to establish a ferry across the Withlacoochee river;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, Walker and Watlington--13.

        Nays--None.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the charter of the city of Fernandina;

        Was read a third time and put upon its passage;

        The vote was:


Page 197

        Yeas--Mr. President, Messrs. Baldwin Bowers, Call Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, Walker and Watlington--13.

        Nays--None.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to improve the navigation of Chipola river and other purposes;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Bowers, Call Chain, Dawkins, Davidson, Finlayson, Jones, McCall, Walker and Watlington--11.

        Nay--Mr. Baldwin--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the laws of this State in relation to elections;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwn, Bowers, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McCall, Walker and Watlington--12.

        Nays--None.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act for the relief of Joseph Alzerotte;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, Walker and Watlington--13.

        Nays--None.

        So said bill passed--title as stated,

        Ordered that the same be be certified to the House of Representatives.

        A bill to be entitled an act for the relief of Dr. James D. Smith;

        Was read the third time and put upon its passage.

        The vote was:

        Yeas--Messrs. Bowers, Call, Chain, Dawkins Finlayson, Jones, Magbee, McCall and Watlington--9.

        Nays--Mr. President, Messrs. Baldwin, Davidson and Walker--4.

        So said bill passed--title as stated.


Page 198

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled act to compel the regular attendance of witnesses;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Bowers, Call, Chain, Jones, Magbee and McCall--6.

        Nays--Mr. President, Messrs. Dawkins, Davidson, Finlayson and Walker--6.

        So said bill was lost.

        A bill to be entitled act to change the name of the county site of Holmes county from Hewitt's Bluff to that of Gay Hill, and for other purposes therein expressed;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall and Walker--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to authorize the County Commissioners of Washington county to establish a ferry across Holmes creek;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall and Walker--12.

        Nays--none.

        So said bill passed title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act for the relief of Howell A. Baisden, former Sheriff and Tax Collector of Putnam county;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall and Walker--12.

        Nays--none-

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to entitled an act to provide for the payment of costs by Plaintiffs in certain cases in the Western Judicial Circuit;

        Was read a second time.


Page 199

        Mr. Dawkins offered a substitute, which was adopted in lieu of the original.

        Mr. Call moved to amend the substitute by adding the words "or Suwannee Circuit;"

        Which was adopted.

        The bill was then passed over informally, to come up on a second reading to-morrow.

        A bill to be entitled an act to establish the Bank of Tallahassee at Tallahassee;

        Was read by its title, amendments as reported by committee read and adopted, and the bill as amended ordered to be engrossed for a third reading on to-morrow.

        Mr. Dawkins moved to waive the rules to permit him to make a motion;

        Which was agreed to.

        Mr. Dawkins then moved that the Senator from Santa Rosa county be added to the committee on Internal Improvements;

        Which was adopted.

        A bill to be entitled an act concerning elections;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act to reduce the cost of criminal prosecutions;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act providing a mode of instituting suit against counties;

        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 Holstead B. Hoeg and assignees;

        Was read the first time and ordered for a second reading on to-morrow;

        A bill to be entitled an act requiring Judges of Supreme Courts to set specific days for the trial of causes wherein three or more witnesses have been subpoenaed;

        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 require licenses to taken out by persons and subjects not hitherto taxed, approved January 12, 1849;

        Was read.

        Mr. Dawkins moved to amend by adding after the word against, "all persons engaged in taking Daguerreotypes, Ambrotypes, Photographs, Typographs, and all other portrait and picture artists;"


Page 200

        Which was adopted, and the bill as amended ordered to be engrossed for a third reading on to-morrow.

        Engrossed bill entitled an act to incorporate the Pensacola Gaslight Company;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McCall and Walker--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Engrossed bill to be entitled an act to incorporate the College of St. Augustine, to be located at St. Augustine;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McCall and Walker--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Engrossed bill entitled an act to incorporate the Marine and Fire Insurance Company of Pensacola;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McCall and Walker--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Engrossed bill entitled an act for the relief of Edward M. West, Justice of the Peace of Leon county;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Bowers, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McCall and Walker--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to relieve the Town Council of the Town of Milton of the limits of fifty per cent. in taxation within the corporate limits of said town, and for other purposes;

        Was read the third time and put upon its passage;


Page 201

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin Bowers, Call, Chain, Dawkins, Finlayson, Jones, Magbee, McCall and Walker--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        The following communication was received from the House of Representatives:

House of Representatives.
January 29, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR--The house has passed the following bills:

        House bill to be entitled an act to prevent persons from penning stock, without the consent of the owners, in Nassau county; and

        House bill to be entitled an act to repeal in part the laws protesting intercourse with the Indians.

Very respectfully,

A. J. PEELER,
Clerk House of Representatives.


        Which was read and bills placed among the orders for a second reading on to-morrow.

        The following communication was received from the Governor:

Executive Department,
Tallahassee, Jan. 29, 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: I have approved and signed the following bills and resolutions, viz:

        An act to change the name of Thomas J. Danford to Thomas J. Cook, and for other purposes;

        An act in relation to the common school fund of Santa Rosa county;

        An act for the relief of Gen. William E. Anderson and others;

        An act to change the name of Nepcy Williams to that of Nepcy Cheshire;

        An act to amend an act entitled an act for the regulation of pilots and pilotage in the bay and harbor of Pensacola;

        An act to facilitate the Express business;

        An act to authorize the County Commissioners of the counties of Escambia and Santa Rosa to borrow money for the purpose of building a Court House and Jail;


Page 202

        An act for the relief of Joseph B. Wood, of Columbia county;

        An act to make Senean Brown, wife of Henry Brown, a free deales;

        Resolution for the relief of B. Frisby and M. J. Murphy;

        Resolution relative to the erection of a monument to Captain John Parkhill, in the Capital square; and

        An act placing certain minor children under the guardianship and jurisdiction of the Probate Court.

Very respectfully,

M. S. PERRY,


        Which was read.

        On motion, the Senate adjourned until half-past ten o'clock to morrow morning.

WEDNESDAY, January 30th, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev, Dr. DuBose officiated as Chaplain.

        On motion the reading of yesterday's journal was dispensed with, amended and adopted.

        Mr. Rogers moved to reconsider the vote taken on Monday, on the bill to be entitled an act providing for a stay of executions;

        Which was adopted, and the bill ordered to be placed on its second reading, and referred to committee on Judiciary.

        Mr. Bowers moved that the bill for the relief of Walton county in regard to the school fund, be taken up and placed first among the orders of the day;

        Which was adopted.

        Mr. Bowers moved that the bill entitled an act to allow James Addison to construct a dam across the Ocklockonee River, be reconsidered;

        Which was adopted.

        Mr. Davidson offered the following resolution:

        Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That after Friday, the first day of February next, no bill of a private or local nature, shall be introduced into either House of this General Assembly;

        Which was placed among the orders of the day.


Page 203

        Mr. Davidson moved that a committee of three be appointed to wait upon the House and ask the return of a bill to be entitled an act to allow James Addison to construct a dam across the Ocklockonee River;

        Which was adopted, and Messrs. Davidson, Jones, and Bowers were appointed said committee. The committee retired and after a short absence returned and reported that they had performed that duty, and were discharged.

        Mr. McQueen from the committee on Engrossed bills made the following report:

        The committee on Enrgossed bills beg leave to report the following bills as correctly engrossed:

        A bill to be entitled an act for the relief of Ellis W. Hawkins, of Santa Rosa county;

        A bill to be entitled an act to improve the navigation of Weekiver Creek and Clay Spring River, and reclaim the swamp and overflowed lands on said streams;

        A bill to be entitled an act to incorporate the Hydrant Water Company of Pensacola;

        A bill to be entitled an act concerning pilotage for the port of Cedar Keys;

        A bill to be entitled an act to alter and change the time of holding the several terms of the Supreme Court; and

        A bill to be entitled an act to establish the fees of Notaries Public in certain cases.

Respectfully submitted,

JAS. W. McQUEEN,
Of the Committee.


        Which report was received and read and bills placed among the orders of the day.

        Mr. Call from the joint Select committe made the following report;

        The joint Select committee who were appointed on yesterday to confer with the Governor and report whether the public interests would require the General Assembly to remain in session longer than Monday 4th February,

REPORT

        That the Southern Convention meets at Montgomery on February 4th, for the purpose of adopting a plan both for a provisional and permanent government, that the latter it will probably require them some time to mature, and when matured and adopted by the Southern Convention, must be submitted to our own State Convention for ratification. But a plan for a Provisional Government, there is every reason to believe will be agreed upon on the first or second


Page 204

day after the meeting of the Southern Convention, which will be substantially the Constitution of the late United States, and will not require to be ratified by any other body before it will go into operation. Should this be the case the General Assembly of Florida will be immediately called upon to provide for the election of President and Vice President, and members of Congress, and perhaps perform other duties which cannot now be known until after the action of said Southern Convention. Inasmuch as the preservation of our domestic peace and the hope of avoiding a war between the two sections, is dependant upon the speedy organization of such a Government for the seceeding States, it is evident that the duties thus devolved upon the General Assembly are so absolutely important that unless it is in session at the time, the Governor would be compelled to call that body together again immediately.

        In view of these facts the committee are of the opinion that unless the General Assembly can anticipate with reasonable certainty the action of said Southern Convention, and provide in advance for the election of those Federal officers and the performance of these duties which it may become necessary for Florida to elect or perform, the public interest will absolutely prohibit their adjournment, inasmuch as the mileage of members alone, which would be incurred by an extra session rendered necessary by said adjournment would be equal to the expenses of several weeks of actual session.

        The committee have further to report that there seems to be a large amount of legislation devolved upon them by the ordinances of the late Convention, and it would seem to be premature even to discuss the question of an adjournment, when as yet not a solitary bill has been introduced into either House in pursuance of those ordinances.

GEO. CALL,
Chairman Senate Com.

G. W. MEANS,
Chairman House Com.


        Which was recived and read.

        Mr. McCall from the select committee made the following report;

        The select committee to whom was refered a bill to be entitled an act to establish the Commercial Bank of Lake City, have had the same under consideration and recommend its passage.

W. W. McCALL,
Chairman.


        Which report was received and read, and bill placed among the orders of the day.


Page 205

ORDERS OF THE DAY.

        Mr. Call moved the Senate take a recess until half-past three o'clock this evening;

        Upon which the yeas and nays were called by Messrs. McCall and McQueen;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Finlayson, Jones, Magbee, McQueen, Simkins and Watlington--11.

        Nays--Messrs. Bowers, Dawkins, Davidson, McCall and Walker--5.

        So said motion was adopted, and the Senate took a recess until half-past three o'clock.

HALF-PAST THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        The orders of the day were resumed.

        The rules were waived and the committee on engrossed bills made the following report:

        The Committee on engrossed bills beg leave to report the following bill as correctly engrossed:

        A bill to be entitled an act combining the offices of Sheriff and Tax Assessor of Jefferson county.

Respectfully submitted,

JAS. W. McQUEEN,
Of the Committee.


        Which report was received and read, and bill placed among the orders of the day.

        The rules were waived and the committee on Judiciary made the following report:

        The Joint Judiciary committee to whom was referred a bill to be entitled an act to extend the jurisdiction of Justices of the Peace, and for other purposes, have had the same under consideaation, and instructed me to

REPORT

        The bill back to the Senate without amendment or recommendation in any way.

GEO. W. CALL,
Chairman Senate Com.



Page 206

        Which report was received and read and bill placed among the orders of the day.

        Also the following:

        The Joint Judiciary committee to whom was referred a bill to be entitled an act to define and punish slander, have had the same under consideration, and instructed me to

REPORT:

        That the accompanying bill is offered as a substitute for the original bill, but a majority are opposed to any legislation on the subject.

GEO. W. CALL,
Chairman Senate Comm.


        Which report was received and read, and bill placed among the orders of the day.

        Also the following:

        The Judiciary committee to whom was referred a bill to be entitled an act to punish breaches of trust by telegraphic operators, have had the same under consideration, and instructed me to

REPORT

        That by adding thereto the following, to-wit:

        SEC. 5. Be it further enacted, That if any person or persons shall sustain damages by any officer, clerk, agent or employer aforesaid, by a violation of this act, the owner or owners of said telegraph office or telegraph line, shall be responsible to the person or persons sustaining such damages, to be sued for and recovered in any court in this State having competent jurisdiction thereof."

        And with the adoption of this amendment, recommend the passage of the bill.

GEO. W. CALL,
Chairman Sen. Com.


        Which report was received, and bill placed among the orders of the day.

        Also the following:

        The Judiciary cvmmittee to whom was referred the bills entitled: an act regulating the order in which cases shall be tried in the Circuit Courts; an act defining who shall be competent witnesses and for other purposes; an act to allow sheriffs costs for advertising their sales in the public gazettes of the State, report that they are unable to agree upon said bills and report them back without recommendation.

GEO. W. CALL,
Chairman.



Page 207

        A majority of the same committee recommend that an act for the protection of heirs, minors and wards against injustice in this State do not pass.

G. W. CALL,
Chairman.


        Which report was received and read, and the bills placed among the orders of the day.

        House bill entitled an act for the relief of Walton county relative to the school fund;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Chain, Dawkins, Davidson, Finlayson, Jones, McCall, McQueen, Simkins, Walker and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to establish the Commercial Bank of Lake City;

        Was read a second time, report of committee adopted, and on motion the printed bill was adopted in lieu of the original. The rules were then waived, and bill read a third time by its title and put upon its passage;

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Davidson, Finlayson, Jones; McCall, McQueen, Rogers, Simkins, Walker and Watlington--12.

        Nay--Mr. President--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Mr. Rogers moved that after Thursday next the Senator from the 7th District be excused from further attendance on the session;

        Which was lost.

        Mr. Davidson moved that the rules be waived to allow him to introduce the following bill, in accordance with previous notice:

        A bill to be entitled an act to secure certain rights to married women;

        Which was adopted, and bill placed among the orders of the day.

        A bill to be entitled an act to establish the fees of Notaries Public in certain cases;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, McQueen, Simkins, Walker and Watlington--14.


Page 208

        Nays--None.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Engrossed bill entitled an act combining the offices of Sheriff and Tax Assessor of Jefferson county;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Davidson, Finlayson, Jones, McCall, McQueen, Rogers, Simkins, Walker and Watlington--15.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to alter and change the time of holding the several terms of the Supreme Court;

        Was read a third time.

        Mr. Rogers moved to waive the rules that he might offer an amendment;

        Which was adopted.

        Mr. Rogers moved to amend by inserting at the beginning of the sixth line of the third section, the words "by consent of parties;"

        Which was adopted.

        Mr. McCall moved that Gainsville in the fifteenth line be striken out and Lake City inserted;

        Which was adopted.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Davidson, Finlayson, Jones, McCall, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act concerning pilotage for the port of Cedar Keys;

        Was read a third time.

        The rule being waived, Mr. Watlington moved as an amendment, that in the tenth line of section third, after the word "have" insert "one-half."

        Which was lost.

        Mr. Watlington moved that in the sixteenth line of same section, strike out all after the word "shall" and insert "not be compelled to pay pilotage."

        Which was lost.


Page 209

        Mr. Watlington moved the following additional section:

        Be it further enacted, That all vessels carrying the mails along the coast of Florida, propelled either by steam or sails, when compelled by law to carry a pilot, such mail vessel shall not be bound to take a pilot, nor pay the fees required by this act.

        Which was adopted.

        Mr. Magbee moved to reconsider the vote adopting the additional section.

        Which motion was adopted.

        Mr. Call moved as a substitute that no vessel carrying the mails along the coast of Florida, whether propelled by steam or sails, shall not be compelled to take a pilot or pay any pilot fees except in cases where service is actually performd at any port in this State, by this or any other act or regulation of commissioners of pilotage.

        Upon which the yeas and mays were called by Messrs. Magbee and McCall;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Finlayson, Jones, Rogers, Simkins and Watlington--10.

        Nays--Messrs. Magbee, McCall, McQueen and Walker--4.

        So said amendment was adopted.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, McQueen, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to improve the navigation of Weekiver Creek and Clay Spring Run and reclaim the swamp and overflowed lands on said streams;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        On motion, the rules were waived, and Mr. Baldwin moved to place among the orders of the day for to-morrow the following bills:


Page 210

        A bill to be entitled an act to amend the eighth section of the sixth article of the Constitution of the State of Florida;

        A bill to be entitled an act to amend the seventh section of the thirteenth article of the Constitution of this State; and

        A bill to be entitled act to amend on the amended Constitution of the State of Florida in relation to the sessions of the General Assembly.

        Which was adopted.

        A bill to be entitled an act for the benefit of Ellis W. Hawkins, of Santa Rosa county:

        Was read the third time and put upon its passage;

        The vote was:

        Yeas Messrs. Call, Chain, Dawkins, Jones, Magbee, Simkins and Watlington--7.

        Nays--Mr. President, Messrs. Baldwin, Davidson, Finlayson, McCall, McQueen, Rogers and Walker--8.

        So said bill was lost.

        Mr. McCall moved to reconsider the vote;

        Which was adopted.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Jones, Magbee, Simkins and Watlington--7.

        Nays--Messrs. Baldwin, Davidson, McCall, McQueen, Rogers, and Walker--6.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Mr. Rogers moved to adjourn until half-past ten o'clock to-morrow morning;

        Upon which the yeas and nays were called for by Messrs. McCall and Walker;

        The vote was:

        Yeas--Messrs. Chain, Magbee, McQueen, Rogers and Simkins--5,

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson, Finlayson, Jones, McCall, Walker and Watlington--10.

        So said motion was lost.

        Mr. Rogers moved to adjourn until 25 minutes past 10 o'clock to-morrow morning;

        Upon which the yeas and nays were called by Messrs. McCall and Walker;

        The vote was:

        Yeas--Messrs. Chain, Magbee, McQueen, Rogers and Simkins--5,

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson, Finlayson, Jones, McCall, Walker and Watlington--10.

        So said motion was lost.


Page 211

        Mr. Rogers moved to adjourn until twenty minutes past 10 o'clock to-morrow morning;

        Upon which the yeas and nays were called for by Messrs. McCall and Walker;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Magbee, McQueen, Rogers and Simkins--6.

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson Finlayson, Jones, McCall, Walker and Watlington--10.

        So said motion was lost.

        Mr. Rogers moved to adjourn until 15 minutes after 10 o'clock to-morrow morning;

        Upon which the yeas and nays were called for by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Magbee, McQueen, Rogers and Simkins--6.

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson, Finlayson, Jones, McCall, Walker and Watlington--10.

        So said motion was lost.

        Mr. Dawkins moved that the Senate take a recess until 7½ o'clock.

        Mr. Rogers moved as a substitute to adjourn utill 10 minutes after 10 o'clock to-morrow morning;

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Magbee, McQueen, Rogers and Simkins--6.

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson, Finlayson, Jones, McCall, Walker and Watlington--10.

        So said motion was lost.

        Mr. Rogers moved that the Senate adjourn untill five minutes after 10 o'clock to-morrow morning.

        Mr. Dawkins rose to a point of order, that the question recurred upon his motion to take a recess.

        The Chair decided that Mr. Dawkins' motion to take a recess was out of order, and that the motion of Mr. Rogers was in order.

        Mr. Dawkins appealed from the decision of the Chair.

        The question was shall the decision of the Chair be sustained;

        Upon which the yeas and nays were called for by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Davidson, Jones, Magbee, McCall, McQueen, Rogers, Simkins, Walker and Watlington--11.

        Nays--Mr. President, Messrs. Baldwin, Call and Dawkins--4.

        So the decision of the Chair was sustained.


Page 212

        The question then recurred upon the motion of Mr. Rogers to adjourn until five minutes after ten o'clock to-morrow morning;

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins;

        The vote was;

        Yeas--Messrs. Brokaw, Finlayson, Magbee, McQueen, Rogers, and Simkins--6.

        Nays--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Davidson, Jones, McCall, Walker and Watlington--10.

        So said motion was lost.

        Mr. Rogers moved to adjourn until ten o'clock to morrow morning;

        Upon which the yeas and nays were called for by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Finlayson, Magbee, McQueen, Rogers and Simkns--7.

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson, Jones and McCall--7.

        So said motion was lost.

        Mr. Rogers moved to adjourn until five minutes before ten o'clock to-morrow morning;

        Upon which the yeas and nays were called for by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Finlayson, Magbee, McQueen, Rogers and Simkins--7.

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson Jones, McCall and Walker--8.

        So said motion was lost.

        Mr. Call moved to adjourn until Saturday morning, ten o'clock;

        Upon which the yeas and nays were called for by Messrs[.] McCall, and Dawkins;

        The vote was:

        Yeas--Messrs. Call and Walker--2.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, Chain, Dawkins, Davidson, Finlayson, Jones, Magbee, McCall, McQueen, Rogers and Simkins--13.

        So said motion was lost.

        Hr. Rogers moved to adjourn until six minutes before 10 o'clock to-morrow morning;

        Upon which the yeas and nays were called by Messrs. McCall and and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Magbee, McQueen, Rogers and Simkins--6.


Page 213

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson, Finlayson, Jones, McCall and Walker--9.

        So said motion was lost.

        Mr. Call moved that the rules be waived to allow him so make a motion;

        Upon which the yeas and nays were called by Messrs. Magbee and McCall;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Davidson, Finlayson and Walker--8.

        Nays--Messrs. Brokaw, Magbee, McCall, McQueen, Rogers and Simkins--6.

        So said motion was lost.

        Mr. Rogers moved to adjourn until 9½ o'clock to morrow morning;

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Magbee, McQueen, Rogers and Simkins--6.

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson, Finlayson, McCall and Walker--8.

        So said motion was lost.

        Mr. Rogers moved to adjourn until 9 o'clock to-morrow morning.

        Mr. McCall moved as a substitute 11 o'clock to morrow morning.

        Mr. Call rose to a point of order that a motion to adjourn until 11 o'clock was not in order, a motion to adjourn for a less time having been lost.

        The Chair decided the motion to adjourn until 11 o'clock was in order.

        Mr. Call appealed from the decision of the Chair;

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Finlayson, Magbee, McCall, McQueen, Rogers and Simkins--7.

        Nays--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Davidson and Walker--7.

        So the decision of the Chair was sustained.

        The question then recurred upon the substitute;

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. McCall, Rogers and Simkins--3.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Finlayson, Magbee, McQueen and Walker--11.

        So said substitute was lost.


Page 214

        Mr. Rogers moved to adjourn until 9 o'clock to-morrow morning.

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins.

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Finlayson, Magbee, McQueen, Rogers, Simkins and Walker--8

        Nays--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson and McCall--6

        So said motion was adopted and the Senate adjourned until to morrow morning 9 o'clock.

THURSDAY, January 31, 1861.

        The Senate met pursuant to adjournment.

        The roll was called, and the following Senators answered to their names:

        Mr. President, Messrs. Brokaw, Call, Chain, Jones and Watlington.

        There not being a quorum present, the Sergeant-at-Arms was ordered to go after absent members.

        At seven minutes past nine o'clock the roll was called, when the following Senators answered to their names:

        Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Jones, Simkins, Walker and Watlington.

        There was not a quorum.

        At fifteen minutes past nine o'clock the roll was called, when the following Senators answered to their names:

        Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Jones, McQueen, Rogers, Walker and Watlington.

        There was not a quorum.

        At twenty minutes after nine o'clock the roll was called, and the following Senatos answered to their names:

        Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Jones, McQueen, Rogers, Walker and Watlington.

        A quorum present.

        On motion the reading of the minutes of yesterday's Journal were dispensed with.


Page 215

        Mr. Call gave notice that he would on some future day ask leave to introduce the following bill:

        A bill to be entitled an act to repeal the 16th section of an act entitled an act to amend the militia and patrol laws of this State.

        Mr. Rogers moved that Mr. Davidson be excused from further attendance during the session after Thursday of next week;

        Which was adopted.

        Pursuant to previous notice Mr. Jones introduced the following bill:

        A bill to be entitled an act relative to the common school fund of Washington and Holmes counties.

        Rule waived and bill read a first and second time by its title, and ordered to be engrossed for a third reading on to-morrow.

        Mr. Call moved that the Secretary be authorized to employ an additional clerk to assist him with the journals, and also to assist in engrossing and enrolling, or other business of the clerk of the Senate, provided not more than $3 00 per day shall be paid said clerk

        Which was adopted.

        In pursuance to previous notice Mr. Call introduced the following bill:

        A bill to be entitled an act to prevent citizens of those States which have passed bank suspension and stay laws from collecting debts in this State.

        Which was placed among the orders of the day.

        The following message was received from the House of Representatives:

House of Representatives,
January 29, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR: The House has passed the following bills, viz:

        House bill to be entitled an act to amend the road laws of Nassau, county;

        House bill to be entitled an act to regulate the compensation of pilots at the port of St. Marks;

        House bill to be entitled an act for the relief of William H. Tanner;

        House bill to be entitled an act for the relief of George G. Holt, and Thadeus Rees, of Wakulla county;

        Senate bill to be entitled an act to change the time for holding the Circuit Courts for the Western Judicial Circuit; and

        House resolution to provide for the appointment of Major-General in the army of Florida.

Respectfully,

A. J. PEELER,
Clerk House Rep.



Page 216

        Which was received and read and bills and resolution placed among the orders of the day.

        Mr. Call from the joint Judiciary committee made the following report:

        The joint Judiciary committee to whom was referred the petition of John B. Meigs and 82 others, praying that one Alexander C. Moores be restored to the right of voting at all public elections, of which he is now deprived of for having forfeited it by having been convicted of such a crime as to so deprive him by the laws of this State, having had the same under consideration, and instructed us to

REPORT

        That there was no evidence before the committee which would go to show that the prayer of the petitioners should be granted, and again, if the prayer of the petitioners should be granted by the General Assembly, it certainly would be establishing a bad and dangerous precedent, therefore recommend that the prayer of the petitioners be not granted.

GEO. W. CALL,
Chairman.


        Which was received and read, and the bill placed among the Orders of the day.

        Mr. Call from the joint Judiciary committee made the following report:

        The Judiciary committee of the two Houses

REPORT:

        A bill to be entitled an act in relation to the admission of attorneys, as a substitute for one of the same title. An act providing for a stay of executions; an act declaring of what estate widows shall be endowed, and recommend their passage. They also arguments with themselves an act to amend an act to provide for writs of error in criminal cases; an act to provide for the enforcement of the laws of this State; an act repealing the usury laws, the passage of which they recommend.

        They deem it proper to state that all the foregoing conclusions were adopted by a bare majority of the committee, of which barely a quorum was present.

GEO. W. CALL,
Chairman.


        Which was received and read, and the bill ordered to be placed among the orders of the day.


Page 217

        Mr. Call from the joint Judiciary committee made the following report:

        The joint Judiciary committee to whom was referred a bill to be entitled an act in relation to sheriffs, have had the same under consideration and instructed us to

REPORT:

        The bill back to the Senate with amendments, and ask that the amendments be adopted, and thereupon the bill do pass.

GEO. W. CALL,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Simkins, from the committee on enrolled bills, made the following report:

        The committee on enrolled bills beg leave to report the following bills as correctly enrolled;

        A bill to be entitled an act concerning replevin;

        A bill to be entitled an act to secilitate criminal proceedings;

        A bill to be entitled an act for the relief of James C. McArthur former sheriff of Santa Rosa county;

        A bill to be entitled an act to authorize and empower Florida A. Stanley to assume the management of her own estate;

        A bill to be entitled an act to change the name of Martha Anne Barnes to that of Mary Harriet McClelland;

        A bill to be entitled an act to repeal so much of the act approved January 7th, 1859, as consolidates the offices of Tax Assessor and Collector and Sheriff of Wakulla county;

        A bill to be entitled an act to charter the Southern Export and Import Company; and

        A bill to be entitled an act restoring Isaiah Bird of Hamilton county to the rights of suffrage and other privileges.

Respectfully submitted,

E. C. SIMKINS,
Chairman Com. on Enrolled Bills.


        Mr. Dawkins from the committee on Internal Improvements made the following report:

        The committee on Internal Improvements to whom wes referred a bill to be entitled an act to amend the charter of the Alabama and Florida Railroad Company in relation to election of directors, recommend its passage.

D. C. DAWKINS,
Chairman.



Page 218

        Which report was received and read and bill placed among the orders of the day.

        Mr. McQueen from the joint committee on the Militia made the following report:

        The joint committee on the militia to whom was referred a bill to be entitled an act to encourage the formation of mounted and cavalry companies in this State for military service, have reported a substitute in lien of the original bill, and recommend its passage.

JAS. W. McQUEEN,
Chairman Senate Com.

JOS. JNO. WILLIAMS,
Chairman of House Committee.


        Which report was received and read and bill placed among the orders of the day.

        Also the following:

        The joint committee on the Militia, to whom was referred a bill to be entitled an act to prescribe the mode and manner of calling troops into the State service, have had the same under consideration, and have instructed me to report the bill back to the Senate, and recommend its passage with the following amendments:

        In the fifth section, after the word Barrancas, insert the words, "and other fortifications," after St. Augustine "one corporal and two men as a permanent garrison for the fortifications and works at Fernandina."

Respectfully submitted,

JAS. W. McQUEEN,
Chairman Senate Com.

JOS. JNO. WILLIAMS,
Chairman House Com.


        Which report was read and bills placed among the orders of the day.

        Also the following:

        The committee on the Militia to whom was referred the following bills: an act to organize the volunteer forces of this State, and an act to amend in part the existing militia laws, have had the same under consideration, and instruct me to report them back, and recommend the same do not pass.

Respectfully submitted,

JAS. W. McQUEEN,
Chairman Senate Com.

JOS. JNO. WILLIAMS,
Chairman House Com.



Page 219

        Which report was received and read and bill placed among the orders of the day.

        Also the following:

        The committee on the militia to whom was referred a bill to be entitled an act for the defence of certain sea ports, thinks another bill reported favorably upon, provides sufficiently for the garrison named in this bill, and therefore report against its passage.

JAS. W. McQUEEN,
Chairman Senate Com.

JOS. JNO. WILLIAMS,
Chairman House Com.


        Which report was received and read and bill placed among the orders of the day.

        Also the following:

        The joint committee on militia to whom was referred a bill to be entitled an act re-organiing the military forces of this State, have instructed me to

REPORT

        The bill back to the Senate, and recommend its passage with the following amendments:

        In the eithth line of the first section of the printed bill, substitute the word "six" before "months" for the word "three."

        In the seventh line of the second section of the printed bill, for the word "February" substitute "March."

        In the second line of the third section of the printed bill, for the word "February" substitute "March."

        In the fourth line of the fourth section of the printed bill, for the word "March" substitute "April."

        In the thirteenth line of the eighth section of the printed bill, after the word "non-commissioned" insert the word "officer."

        To section ten add the following: "Provided such separate organization shall not reduce the rank and file of such company below the minimum number of sixty-four."

        In the third line of the twelfth section of the printed bill, fo the words "during good behaviour" substitute the words "for two years."

        In the third line of the thirteenth section of the printed bill, for the words "during good behaviour" substitute the words "for two years;" also in the fifteenth line of the same section of the printed bill, strike out the words "to" before the word "subject," and before the word "that" insert the words "to see."

        In the ninth line of the fifteenth section of the printed bill, after the word "accordingly" add the following: "Provided however, that this section shall not be so construed as to reduce the lineal rank or


Page 220

pay of any Colonel, Lieutenant-Colonel, Major, Captain or Lieutenant, when such officer or officers shall have under his or their command the minimum number of men requisite to give to him or them, his or their legitimate rank from his or their own regiment, battalion or company.

Respectfully submitted,

JAS. W. McQUEEN,
Chairman Senate Com.

JOS. JNO. WILLIAMS.
Chairman House Com.


        Which report was receivd and read and bill placed among the orders of the day.

        The select committee made the following report:

        The select committee to whom was refered the written bill to be entitled an act to establish the Commercial Bank of Fernandina, have had the same under consideration, and recommend the adoption of the accompanying printed bill as a substitute, to be entitled an act to establish the Bank of Alachua, and recommend its passage.

W. W. McCALL,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

ORDERS OF THE DAY.

        A bill to be entitled an Act in relation to sheriffs;

        Was read the second time, amendments reported by committee adopted and the bill ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act repealing the usury laws;

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act in relation to the admission of Attorneys;

        Mr. Call moved that the substitute reported by the committee be adopted:

        Upon which the yeas and nays were called for by Messrs. McCall and Davidson;

        The vote was:

        Yeas--Messrs. Brokaw, Call, Chain, Dawkins, Jones, McQueen, Walker and Watlington--8.

        Nays--Mr. President, Messrs. Davidson, Magbee, McCall, and Simkins--6.

        So said substitute was adopted.


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        Mr. Brokaw moved that the substitute and original be indefinitely postponed;

        Upon which the yeas and nays were called for by Messrs, Dawkins and McCall;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Chain, Davidson, Magbee, McCall, Rogers, Simkins and Walker--9.

        Nays--Messrs. Call, Dawkins, Jones, McQueen and Watlington--5.

        So said substitute and original was indefinitely postponed.

        A bill to be entitled an act to amend an act to provide for writ of error in criminal cases:

        Was read the first time and ordered for a second reading on tomorrow.

        A bill to be entitled an act to provide for the enforcement of the laws of this State;

        Was read the second time and ordered to be engrossed for as third reading on to-morrow.

        A committee appeared at the bar and informed the Senate that the House had passed a resolution in favor of Neil J. Mckinnon;

        Which resolution was received and placed among the orders of the day.

        A bill to be entitled an act providing for a stay of executions;

        Was read the third time;

        Mr. Magbee moved that the bill be indefinitely postponed;

        Upon which the yeas and nays were called by Messrs. Magbee and Walker;

        The vote was:

        Yeas--Messrs. Brokaw, Magbee, McQueen and Simkins--4.

        Nays--Mr. President, Messrs. Call, Chain, Dawkins, Davidson, Jones, Rogers and Walker--8.

        So said motion was lost.

        Mr. Watlington moved to amend the bill by adding the following proviso at the end of the bill, viz: Provided however, that the provisions of this bill shall not have any force or effect in the counties of Monroe and Dade;

        Upon which the yeas and nays were called for by Messrs. Magbee and McQueen;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Chain, Dawkins, Davidson, Jones, Rogers, Simkins and Watlington--9.

        Nays-- Messrs. Brokaw, Magbee, McCall, McQueen and Walker--5.

        So said amendment was adopted.

        On motion the bill was ordered to be engrossed.


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        Mr. McQueen moved to reconsider the vote ordering the bill to be engrossed;

        Upon which the yeas and nays were called by Messrs. McCall and Magbee;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Chain, Magbee, McQueen, Simkins and Watlington--7.

        Nays--Messrs. Dawkins, Davidson, Jones, McCall, Rogers and Walker--6.

        So said vote was reconsidered.

        Mr. Magbee moved to postpone the further consideration of the bill until to-morrow;

        Upon which the yeas and nays were called by Messrs. McCall and Chain;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Magbee, McQueen and Simkins--5.

        Nays--Mr. President, Messrs[.] Dawkins, Davidson, Jones, McCall, Rogers and Walker--7.

        So said motion was lost.

        Mr. Magbee moved to strike out the amendment proposed by Mr. Watlington which had been adopted.

        The Chair decided the motion out of order.

        Mr. Magbee appealed from the decision of the Chair;

        Upon which the yeas and nays were called by Messrs. Magbee and McCall;

        The vote was:

        Yeas--Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Jones, McCall, McQueen, Rogers, Simkins, Walker and Watlington--12.

        Nay--Mr. Magbee--1.

        So the decision of the Chair was sustained.

        Mr. Magbee moved to commit the bill to a select committee of three;

        Upon which the yeas and nays were called by Messrs. Magbee and McCall;

        The vote was:

        Yeas--Messrs. Brokaw, Magbee, McQueen, and Simkins--4.

        Nays--Mr. President, Messrs. Chain, Dawkins, Davidson, Jones, McCall, Rogers and Walker--8.

        So said motion was lost.

        Mr. Magbee moved to indefinitely postpone the bill:

        Upon which the yeas and nays were called by Messrs. Magbee and Brokaw;

        The vote was:

        Yeas--Messrs. Brokaw, Magbee, McQueen and Simkins--4.

        Nays--Mr. President, Messrs. Call, Chain, Dawkins, Davidson, Jones, McCall, Rogers and Walker--9.


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        So said motion was lost.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        The rules were waived and the resolution in favor of Neil J. McKinnon was taken up;

        Was read a first time--rule waived, and read a second and third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Chain, Davidson, McQueen; Rogers, Walker and Watlington--9.

        Nays--Messrs. Dawkins, Magbee, McCall and Simkins--4.

        So said resolution passed--title as stated.

        On motion, a committee consisting of Messrs. Chain, Watlington and Brokaw, were appointed to convey said resolution to the House and inform that body of its passage.

        The committee retired, and after a short absence returned and reported that they had performed said duty and were discharged.

        A bill to be entitled an act declaring of what estate widows shall be endowed;

        Was read a second time and 80 copies of the bill ordered to be printed.

        A bill to be entitled an act to encourage the formation of mounted and cavalry companies in this State for military service;

        Was read a second time, substitute reported by committee adopted, and 80 copies of the substitute ordered to be printed.

        A committee appeared at the bar and informed the Senate that they had been appointed a committee by the House to return to the Senate a bill to be entitled an act to authorize James Addison to construct a dam across the Ocklocknee river for the purpose of erecting a mill;

        The bill was received and placed among the orders of the day.

        A bill to be entitled an act to provide the mode and manner of calling troops into the State service;

        Was read a second time, and amendments reported by committee adopted.

        Mr. Rogers moved to amend the second section by adding the words "or a blockade, or a seriously threatened blockade of any one of our seaports;"

        Which was adopted.

        Mr. Chain offered the following amendment:

        Such officer or officers and such number of companies as the Governor, in his discretion, may deem the circumstances require, which companies shall not be composed of less than 64 men, rank and file.

        On motion the Senate took a recess until 3½ o'clock.


Page 224

HALF-PAST THREE O'CLOCK, P.M.

        The Senate resumed its session.

        A quorum present.

        The orders of the day were resumed.

        The consideration of the bill to be entitled an act to provide the mode and manner of calling troops into the State service was resumed.

        The question was as to the following amendment of Mr. Chain;

        Such officer or officers and such number of companies as the Governor, in his discretion, may deem the circumstances require, which companies shall not be composed of less than 64 men, rank and file.

        Mr. Call moved as a substitute that the fifth section be striceen out;

        Upon which the yeas and nays were called by Messrs. McCall and Davidson;

        The vote was:

        Yeas--Messrs. Call, McQueen and Rogers--3.

        Nays--Mr. President, Messrs. Brokaw, Chain, Dawkins, Davidson, Jones, Magbee, McCall and Simkins--9.

        So said motion was lost.

        The question then recurred upon the amendment offered by Mr. Chain.

        On motion the further consideration of the bill was postponed, and 80 copies ordered to be printed.

        A bill to be entitled an act to amend in part the existing militia laws;

        Was read the second time, and on motion laid on the table.

        A bill to be entitled an act to incorporate the Commercial Bank of Fernandina;

        Was read a second time.

        Mr. Rogers moved to commit the bill to committee on corporations;

        Which was lost.

        On motion the substitute reported by the committee was adopted in lieu of the original.

        On motion the bill was changed to Bank of Commerce.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act for the defence of certain sea ports;

        Was read a second time, and on metion laid on the table.

        House bill to be entitled an act to amend the charter of the Alabama and Florida Railroad Company in relation to election of directors;

        Was read a second time and ordered for a third reading on to-morrow.


Page 225

        Engrossed bill entitled an act to incorporate the Hydrant Water Company of Pensacola;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Jones, Magbee, McCall, McQueen, Rogers, Simkins and Watlington--14.

        Nays--None.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to extend the jurisdiction of Justices of the Peace, and for other purposes;

        Was read a second time.

        Mr. Call moved that the bill be indefinitely postponed;

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Dawkins, Davidson, Jones, Magbee, Simkins and Watlington--9.

        Nays--Messrs. Baldwin, Chain, McCall, McQueen and Rogers--5.

        So said bill was indefinitely postponed.

        A bill to be entitled an act to amend the criminal laws of this State, and to provide for the punishment of abusive words;

        Was read a second time.

        Mr. Rogers moved that the bill be indefinitely postponed;

        Upon which the yeas and nays were called by Messrs. McCall and Davidson;

        The vote was:

        Mr. President, Messrs. Brokaw, Davidson, Magbee, Rogers and Simkins--5.

        Nays--Messrs. Baldwin, Call, Chain, Jones, McCall, McQueen, and Watlington--7.

        So said motion was lost.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to allow sheriffs costs for advertising their sales in the papers of 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 defining who shall be competent witnesses and for other purposes:

        Was read a second time.

        Mr. Rogers moved to indefinitely postpone the bill;


Page 226

        Upon which the yeas and nays were called by Messrs. McCall and Davidson;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Davidson, Jones, Magbee and Rogers--6.

        Nays--Messrs. Baldwin, Call, Chain, Dawkins, McCall, McQueen, Simkins and Watlington--8.

        So said motion was lost.

        Mr. Magbee moved that the first section of the bill be striken out.

        Which was lost.

        Mr. Rogers moved to strike out the second section of the bill;

        Upon which the yeas and nays were called by Messrs. McCall and Davidson;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Davidson, Jones, Magbee and Rogers--6.

        Nays--Messrs. Baldwin, Call, Chain, Dawkins, McCall, McQueen, Simkins and Watlington--8.

        So said motion was lost.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act regulating the order in which cases shall be tried in the Circuit Court;

        Was read the second time.

        Mr. Magbee moved to lay the bill on the table;

        Upon which the yeas and nays were called by Messrs. McCall and Magbee;

        The vote was:

        Yeas--Messrs. Brokaw, Davidson, Magbee and Rogers--4.

        Nays--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Jones, McCall, McQueen, Simkins and Watlington--10.

        So said motion was lost.

        Mr. Call moved to amend as follows:

        After the word but strike out all in the eighth line of the second section and insert "when the public interests require the same the court may set every cause for a particular day, or set the same at the foot of the docket."

        Which was adopted.

        A bill to be entitled an act to punish breaches of trust by telegraph operators;

        Was read a second time and amendments reported by committee adopted.

        Mr. Dawkins moved the following additional section:

        Be it further enacted, That all telegraph operations when actually engaged by the month or otherwise, for receiving and fordwarding


Page 227

telegraphic dispatches, shall hereafter be exempt from performing jury, road, military or other public duty or duties.

        Which was adopted.

        The bill was then ordered to be engrossed as amended for a third reading on to-morrow.

        A bill to be entitled an act for the protection of heirs, minors and wards against injustice in this State and for other purposes;

        Was read the second time and on motion was laid on the table.

        A bill to be entitled an act for the relief of Major General Benjamin Hopkins;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Chain, Dawkins, Davidson Jones, Magbee, McCall, Rogers and Simkins--11.

        Nays.--Messrs. Brokaw and McQueen--2.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend an act to provide for the payment of costs by plaintiffs in certain cases in the Western Judicial Circuit;

        Was read the second time.

        Mr. Dawkins offered a substitute to the bill;

        Which was adopted.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        House bill entitled an act to organize Baker county;

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act defining the condition of free negroes and other persons of color;

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        House bill entitled an act to amend the election laws in force in this State;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill to be entitled an 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;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill entitled an act to permit Erasmus Thompson of Hillsborough county to practice law in the several Courts of this State;


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        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act to authorize Joseph H. Rowe, Wm. J. Keyser and other owners of wharf property at Milton in Santa Rosa county, to establish and charge rates of wharfage;

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        House bill entitled an act to authorize William J. J. Duncan and Elizabeth Zippera to establish a toll bridge across the Suwannee and Alapaha rivers;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Jones, Magbee, McQueen, Rogers and Simkins--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act for the relief of Maria de los Dolores Justimani and Maria Isabel Justimani;

        Was read the third time and the bill laid on the table.

        House bill entitled an act to allow A. J. Baker of the county of Volusia to practice medicine in said county;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Jones, Magbee, Rogers and Simkins--7.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, Davidson and McQueen--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        On motion the Senate adjourned until half-past ten o'clock to-morrow morning.


Page 229

FRIDAY, February 1st, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as chaplain.

        On motion the reading of the journal of yesterday was dispensed with.

        Pursuant to previous notice Mr. Magbee asked leave to introduce the following bill:

        A bill to be entitled an act to establish the office of Indian agent;

        Which was received, rule waived, read a first and second time by its title and referred to committee on Judiciary.

        Mr. Call asked and obtained leave to introduce without previous notice the following bills:

        A bill to be entitled an act transferring causes from the late District Court to the Circuit Courts;

        A bill to be entitled an act prescribing the forms of an oath of allegiance to the State;

        A bill to be entitled an act defining who are citizens of the State of Florida;

        A bill to be entitled an act providing for the punishment of such persons as pretend to hold office in this State not recognzied by the laws thereof; and

        A bill to be entitled an act providing for the maintenance of the light houses on the sea board;

        And moved that the rules be waived and they be read a first and second time by their title and referred to the Judiciary committee.

        Which were read, rule waived, read the first and second time by title and referred to Judiciary committee.

        Mr. Jones gave notice hat he would at some future day ask leave to introduce the following bill:

        A bill to be entitled an act to empower the Judges of Probate of Washington and Holmes counties to draw certain school funds due their counties.

        Mr. Call moved that when the orders of the day are reached, the rules be waived and the act providing for carrying the mails be read a first and second time by its title, and that the Senate do go into a committee of the Whole thereon;

        Which was adopted.

        Mr. Call asked and obtained leave to introduce without previous notice the following bill:

        A bill to be entitled an act providing for carrying the mails;

        Which was placed among the orders of the day.

        Pursuant to previous notice Mr. Call asked leave to introduce the following bills:


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        A bill to be entitled an act to repeal the sixteenth section of an act entitled an act to amend the militia and patrol laws of this State; and

        A bill to be entitled an act giving the State a right of appeal and pre-emptory challenges in criminal cases;

        And moved that the rules be waived and they be read a first and second time by their titles and the first referred to the committee on the Militia and the second to the committee on the Judiciary.

        Which were received, rules waived, read the first and second time by their title and referred to committee on Judiciary.

        On motion, the Sergeant at Arms was excused from attendance after to-day until Monday next.

        Mr. Chain moved that the vote taken on the bill to be entitled an act to extend the jurisdiction of the Justices of the Peace, and other purposes, which was taken yesterday, be reconsidered and the bill placed among the orders of the day;

        Upon which the yeas and nays were called by Messrs. Davidson and Dawkins;

        The vote was:

        Yeas--Messrs. Chain, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--7.

        Nays--Mr. President, Messrs. Brokaw, Call, Dawkins, and Davidson--5.

        So said motion was lost.

        Mr. Rogers moved to reconsider the vote indefinitely postponing the bill in relation to the admission of Attorneys;

        Which was adopted.

        Mr. Brokaw moved to reconsider the vote adopting the substitute;

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Davidson, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--11.

        Nay--Mr. Dawkins--1.

        So said vote was reconsidered, and the bill and substitute placed among the orders of the day.

        The following message was received from the House of Representatives:

House of Representatives,
January 31st, 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: The House has passed the following bills:

        Senate bill to be entitled an act to change the mode of selecting Grand and Petit Jurors in this State, as amended;


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        House bll to be entitled an act to enable Railroad companies to obtain the right of way;

        Senate bill to be entitled an act to incorporate the La Villa Institute, near Jacksonville, Florida;

        Senate bill to be entitled an act to provide a remedy to enforce the lien of Ship-wrights, Ship-chandlers and others, against ships, vessels, steamboats, or other water crafts;

        Senate bill to be entitled an act relating to foreign guardians; and

        House bill to be entitled an act extending the time for making demands on Railroad companies for stock killed or injured, and for other purposes.

Respectfully,

A. J. PEELER,
Clerk House of Representatives.


        Which was read and Senate bills passed without amendments ordered to be enrolled, and House bills placed among the orders of the day for a second reading on to-morrow.

        The Senate bill entitled an act to change the mode of selecting Grand and Petit Jurors in this State, with House amendments was taken up, the first and second amendments concurred in, and the third refused.

        On motion a committee consisting of Messrs. Call, Rogers, and Brokaw were appointed to inform the House of the Senate's action.

        The following communication was received from the House of Representatives:

House of Representatives,
January 30th, 1861.

HON. T. J. EPPES:
President of the Senate:

        SIR--The House has passed the following bills viz:

        Senate bill to be entitled an act to amend the Pilot laws of the port of Fernandina, with amendments;

        House bill to be entitled an act to authorize Henry C. Groomstine to plead and practice law;

        House bill to be entitled an act for the relief of William J. Parker, Sheriff of Suwannee county;

        House bill to be entitled an act making Capt. Simeon Sparkman a citizen of Columbia county;

        House bill to be entitled an act to regulate Fishing on the coast of Florida;

        House bill to be entitled an act to organize the county of Polk from the counties of Hillsboro and Brevard;

        House bill to be entitled an act to amend the road laws in the counties of Leon and Gadsden;


Page 232

        House bill to be entitled an act to incorporate the town of Monticello, Jefferson county, in this State;

        The following Senate bill was lost in the House:

        A bill to be entitled an act to increase the compensation of the Solicitors of this State.

Very respectfully,

A. J. PEELER,
Clerk House Rep.


        Which was read and House bills ordered to be placed among the orders of the day for a second reading on to-morrow, amendments to Senate bill concurred in, and the same ordered to be certified to the House of Representatives.

        The following message was received from the House of Representatives;

House of Representatives,
January 31, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR--The House has this day passed the following bill:

        House bill to be entitled an act to provide a permanent circulating medium for the citizens of Florida.

Respectfully,

A. J. PEELER
Clerk of the House of Representatives.


        Which was read.

        On motion, the rule was waived, the bill read a first and second time by its title and referred to committee on Ways and Means.

        Mr. Dawkins offered the following resolutions:

        1. Be it resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That each and every member of the General Assembly of this State, including Senators and Representatives, shall be entitled to and receive five dollars per day for every day in which he or they shall be in actual attendance on the General Assembly, and five cents per mile for every mile of necessary travel going to and from the Capital.

        2. Be it further resolved. That the above resolution shall not go into effect until the expiration of the present term.

        Which was read the first time, rule waived and read a second time by its title.

        Mr. Call moved to strike out 5 cents;

        Upon which the yeas and nays were called by Messrs. Call and Dawkins;

        The vote was;

        Yeas--Messrs. Call, Chain, Jones, Magbee, McCall, Rogers and Watlington--7.


Page 233

        Nays--Mr. President, Messrs. Brokaw, Dawkins, Davidson and Simkins--5.

        So said motion was adopted.

        On motion, the further consideration of the resolution was postponed and the resolution with amendment was referred to a select committee consisting of Messrs. Davidson, Dawkins and Chain.

        Mr. Call from the Judiciary committee made the following report:

        The Judiciary Committee recommend the passage of an "act to secure certain rights to married women" as a substitute for one of the same title.

GEO. W. CALL,
Chairman Judiciary Committee.


        Which was received and read and bill placed among the orders of the day.

        The joint committee on the militia made the following report:

        The joint committee on the militia to whom was referred a bill to be entitled an act to amend the militia laws now in force in this State, having had the same under consideration, have instructed me to

REPORT

        The bill back to the Senate and recommend its passage with the following amendments:

        Substitute for Section first:

        SEC. 1. That whenever any person shall be appointed an inspector of militia elections in accordance with the laws of this State, and shall fail or refuse to discharge the duties of such inspector as required by law, he shall be liable to Court Martial, and to such penalty as may be imposed by such Court Martial.

        Second section, second page, third line from top, "officer" for "office."

        Substitute for section three:

        SEC. 3. Be it further enacted, That all sums collected by any Court Martial now provided for, or hereafter to be provided for by law, for the non-performance of militia duty, shall be paid over to the Captain of the beat of a company Court Martial, to the commanding officer of the regiment of a regimental Court Martial, to the commanding officer of the Brigade of a Brigade Court Martial, and to the commanding officer of the Division of a Division Court Martial, to be paid over by each officer to the Pay-Master General, and every such officer who shall fail to pay over each current quarter, all such sums which they may respectively have in their hands, shall be subject to a fine of not less than fifty dollars and the amount so retained, to be imposed by Courts Martial called for such purpose.


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        In section six strike out all after the word "are" in third line from last and insert "not rendered, the said Court Martial shall impose upon such defaulter the fine now provided, or to be provided by law."

        In the second line of the seventh section, after the word "Physician" insert "and all teachers in any school or seminary having a military department."

Respectfully submitted,

JAS. W. McQUEEN,
Chairman Senate Committee.

J. J. WILLIAMS,
Chairman House Committee.


        Which report was received and read, and bill placed among the orders of the day.

        Mr. Brokaw from the select committee made the following report:

        The committee to whom was refered a bill for the relief of Donald Cameron, have had the same under consideration and request me to make the following report:

        The committee find upon examination the amount of fees due Donald Cameron $24.65, and believe the said claims to be correct and just and recommend the passage of the bill.

P. B. BROKAW,
for Committee.


        Was received and read and bill placed among the orders of the day.

        Mr. McQueen from the committee on Engrossed bills, made the following report:

        The committee on Engrossed bills beg leave to report the following bills and resolution as correctly engrossed:

        A bill to be entitled an act providing for a stay of executions;

        A bill to be entitled an act to incorporate the Flordia Mutual, Fire and Marine Insurance Company;

        A bill to be entitled an act for the enforcement of the laws of this State;

        A bill to be entitled an act to establish the Bank of Tallahassee at Tallahassee;

        A bill to be entitled an act to amend an act to require licenses to be taken out by persons and subjects not hitherto taxed, approved January 12, 1849; and

        A bill to be entitled an act to amend an act to provide for the payment of costs by plaintiffs in certain cases in the Western Judicial Circuit.

Respectfully submitted,

JAS. W. McQUEEN,
of the Committee.



Page 235

        Which report was received and read and bills placed among the orders of the day.

ORDERS OF THE DAY.

        House bill to be entitled an act to provide for the payment of the Florida Volunteers and others who have not been paid for actual services rendered the State of Florida in the last war with the Seminole Indians;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call Chain, Dawkins, Jones, Magbee, McCall, McQueen, Rogers, Simkins, Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act providing for carrying the mails;

        Was read the second time.

        On motion the Senate resolved itself into a committee of the Whole for the consideration of said bill--Mr. Brokaw in the chair.

        After some time spent therein the committee rose and reported progress, and asked leave to sit again immediately after recess.

        The rules being waived, Mr. Baldwin was granted leave of absence until Tuesday next.

        On motion, the senate took a recess until half-past 3 o'clock P. M.

HALF-PAST THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        On motion, the Senate went into committee of the Whole, having under consideration a bill to be entitled an act providing for carrying the mails--Mr. Brokaw in the Chair.

        After some time spent therein the committee rose and reported the bill back to the Senate with amendments, and recommended its passage;

        Which report was received and the amendments concurred in, and 80 copies of the bill ordered to be printed for the use of the Senate.

        The rules being waived the committee on Claims and Accounts made the following report:

        The committee on Claims and Accounts to whom was referred a bill to be entitled an act to provide for the payment of the Florida


Page 236

Volunteers and others who have not been paid for services actually rendered the State of Florida in the last war with the Seminole Indians, ask leave to

REPORT

        That the House bill that passed the Senate to-day has the same title, and is intended to pay for the same service mentioned in the bill referred to your committee, they therefore refer the bill back to the Senate, and ask that no further proceedings be had thereon.

A. S. BALDWIN,
Chairman.


        Which was received and read and the bill laid on the table.

        A bill to be entitled an act to secure certain rights to married women:

        Was read the second time.

        Mr. Dawkins moved to amend the last section by adding the words "provided they severally own separate estates;"

        Upon the adoption of which amendment the yeas and nays were called for by Messrs. Dawkins and McCall;

        The vote was:

        Yeas--Messrs. Dawkins, McCall and Rogers--3.

        Nays--Mr. President, Messrs. Brokaw, Call, Chain, Davidson, Ingram, Jones, Magbee, McQueen, Simkins, and Walker--11.

        So the amendment was lost.

        Mr. Call moved to strike out the fourth section;

        Upon the adoption of which the yeas and nays were called by Messrs. Dawkins and McCall;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Dawkins, Ingram, Jones and Simkins--6.

        Nays--Messrs. Brokaw, Chain, Davidson, Magbee, McCall, McQueen, Rogers, Walker and Watlington--9.

        So said amendment was lost.

        Mr. McCall moved that the bill be indefinitely postponed;

        Upon which the yeas and nays were called for by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Dawkins, Jones, McCall and Simkins--4.

        Nays--Mr. President, Messrs. Brokaw, Call, Chain, Davidson, Ingram, Magbee, McQueen, Rogers, Walker and Watlington--11.

        So said motion was lost.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to amend the militia laws now in force in this State;


Page 237

        Was passed over informally and 80 copies ordered to be printed for the use of the Senate.

        A bill to be entitled an act for the relief of Donald Cameron, Justice of the Peace of Leon county.

        Mr. Call moved to amend the bill by striking out "Treasurer" and inserting "that the Pay-master General be authorized to pay the amount out of the military fund;"

        Which was adopted, and the bill ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to amend an act to provide for the payment of costs by plaintiffs in certain cases in the Western Judicial Circuit;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nay--Mr. Davidson--1.

        So said bill passed--title as stated.

        On motion the title of the bill was amended by striking out "in the Western Judicial Circuit."

        Ordered that the passage of the bill be certified to the House of Representatives.

        A bill to be entitled an act to amend an act to require licenses to be taken out by persons and subjects not hitherto taxed, approved January 12th, 1849;

        Was read the third time.

        Mr. Dawkins moved to amend the bill;

        Upon which the yeas and nays were called by Messrs. Magbee and McCall;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Dawkins, Ingram, Rogers, Simkins, Walker and Watlington--8.

        Nays--Messrs. Call, Chain, Davidson, Jones, Magbee, McCall, and McQueen--7.

        So said motion was lost not having received the requisite majority of three-fourths.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McCall, McQueen and Walker--12.

        Nays--Messrs. Rogers, Simkins and Watlington--3.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.


Page 238

        A bill to be entitled an act to establish the Bank of Tallahassee at Tallahassee.

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Simkins, Walker and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the eighth section of the sixth article of the Constitution of the State of Florida;

        Was read the first time and indefinitely postponed.

        A bill to be entiled an act to amend the amended Constitution of the State of Florida, in relation to the sessions of the General Assembly;

        Was read three several times and ordered to be placed first among the orders of the day for to-morrow.

        A bill to be entitled an act to amend the seventh section of the thirteenth article of the Constitution of this State:

        Was read three several times and ordered to be placed second among the orders of the day for to-morrow.

        A bill to be entitled an act to incorporate the Florida Mutual Fire and Marine Insurance company;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, McCall, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act for the enforcement of the laws of this State;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers, Simkins, Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.


Page 239

        House bill to be entitled an act to amend the pleading and practice in the Courts of this State;

        Was read the third time and passed over informally, and ordered to be placed third among the orders of the day for to-morrow.

        A bill to be entitled an act concerning elections;

        Was read the second time, and on motion referred to a select committee consisting of Messrs. Davidson, McCall, and Dawkins.

        House bill to be entitled an act to declare Peas Creek a navigable stream;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs, Brokaw, Call. Chain, Dawkins, Davidson, Ingram, Jones, McCall, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act requiring Judges of Circuit Courts to set specific days for the trial of causes wherein three or more witnesses are subpoenaed;

        Was read the second time.

        Mr. Rogers moved its indefinite postponement:

        Upon which the yeas and nays were called for by Messrs. Dawkins and McCall;

        The vote was:

        Yeas--Mr. President, Messrs. Jones and Rogers--3.

        Nays--Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, McCall, McQueen, Simkins, Walker and Watlington--11.

        So said motion was lost.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to authorize the county Commissioners of Hillsboro' county to borrow money;

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act requiring railroad companies to maintain proper cattle guards and railroad crossings;

        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 the attachment laws;

        Was read the second time and referred to the committee on the Judiciary.

        A bill to be entitled an act to increase the taxes;

        Was read the second time and referred to the committee on Ways and Means.


Page 240

        A bill to be entitled an act to provide for the obtaining of the record books and dockets required by law for the Clerks of the Circuit Courts offices of this State and for other purposes;

        Was read the second time and referred to committee on Judiciary.

        House bill to be entitled an act to locate the county site of Levy county;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill to be entitled an act to incorporate the German Building and Saving association;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill to be entitled an act for the relief of T. C. Bolling, administrator of R. A. Child, deceased;

        Was read the second time and ordered for a third reading on to-morrow.

        House resolution for the relief of John M. Irwin;

        Was read the second time and referred to the committee on Claims and Accounts.

        House bill to be entitled an act to compensate B. F. Whitner, jr., for services in running and marking the boundary line between the States of Florida and Georgia;

        Was read the second time.

        Mr. McQueen moved to strike out "two thousand" and insert "fifteen hundred and thirty-two 82-100;

        Which was adopted and the bill referred to the committee on Claims and Accounts.

        A bill to be entitled an act to repeal in part the laws prohibiting intercourse with the Indians;

        Was read the second time and referred to a Select committee consisting of Messrs. Magbee, McCall and Simkins.

        A bill to be entitled an act to prevent persons from penningor detaining stock without the consent of the owner in Nassau county:

        Was read the second time and referred to a Select committee consisting of Messrs. Ingram, McQueen and Simkins.

        A bill to be entitled an act providing a mode of instituting suits against counties;

        Was read the second time and referred to the committee on the Judiciary.

        A bill to be entitled an act to reduce the costs of criminal prosecutions;

        Was read the second time and referred to the committee on the Judiciary.

        A bill to be entitled an act for the relief of Holstead H. Hoeg, and assignees;


Page 241

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        House bill to be entitled an act to amend the road laws of Nassau county:

        Was read the first time and ordered for a second reading on to-morrow.

        House bill to be entitled an act for the relief of George G. Holt and Thadeus Rees, of Wakulla county;

        Was read the first time and ordered for a second reading on to-morrow.

        House bill to be entitled an act to regulate the compensation of Pilots at the Port of St. Marks;

        Was read the firtt time and ordered for a second reading on to-morrow.

        House bill to be entitled an act for the relief of William H. Fannin;

        Was read the first time and ordered for a second reading on to-morrow.

        House resolution to provide for the appointment of Major General in the Army of Florida;

        Was read the first time and ordered for a second reading on to-morrow.

        A bill to be entitled an act to change the times for holding the Courts of the Western Judicial Circuit;

        Was taken up, the amendments proposed by the House read and concurred in, and the same ordered to be certified to the House, and the bill as amended ordered to be enrolled.

        Mr. Magbee moved that the Senate adjourn until to-morrow morning 10 o'clock;

        Upon which the yeas and nays were called by Messrs. McCall and Magbee;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Davidson, Jones, Magbee, McQueen, Rogers, Walker and Watlington--9.

        Nays--Mr. President, Messrs. Call, Dawkins, Ingram, McCall and Simkins--6.

        So the motion was adopted, and the Senate adjourned until to-morrow morning 10 o'clock.


Page 242

SATURDAY, February 2nd, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion the reading of yesterday's journal was dispensed with; amended and approved.

        Mr. Magbee asked leave, which was granted, to introduce without previous notice the following bill:

        A bill to be entitled an act to aid the county of Hillsborough in building or in assisting to build a Railroad;

        Rules waived, read the first and second times, and referred to the committee on the state of the Commonwealth.

        Mr. Call introduced without previous notice, the following bill:

        A bill to be entitled an act for the representation of this State in the Southern Convention;

        Which was placed among the orders of the day.

        Mr. Call moved that "$3," in the motion introduced by him and adopted by the Senate on Thursday, authorizing the Secretary to employ an assistant, be stricken out, and "$4" inserted in lieu thereof;

        Which motion was carried.

        Mr. Dawkins moved that a committee of three be appointed to wait upon the House and ask the return of House bill to be entitled an act to provide for the payment of the Florida Volunteers and others who have not been paid for actual services rendered the State of Florida in the last war with the Seminole Indians;

        Which was agreed to, and Messrs. Dawkins, Ingram and Walker were appointed such committee. The said committee repaired to the House, returned and were discharged.

        On motion of Mr. Dawkins the rules were ordered to be waived that said bill should be taken up as soon as returned to the Senate;

        Which was adopted.

        Mr. Call introduced the following resolution:

        Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened. That so soon as any bill or resolution of a public nature shall become a law, either by receiving the Governor's signature thereto, or by his failure to return the same to the House wherein it originated, it shall be the duty of the Governor's Secretary to transmit a fair copy thereof to the printer of the House wherein the same originated, and thereupon it shall be the duty of the said printer to print one thousand copies of the said act or resolution in the form ordinarily used for the publication of the laws, of which ten copies shall be furnished to each member of the General Assembly and the residue deposited in the office of the Secretary of State for general distribution.


Page 243

        The rules being waived the resolution was read the second and third times, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Davidson, Jones, McCall, McQueen, Rogers, Simkins and Walker--11.

        So said resolution passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Mr. Call moved that the bill to be entitled an act to define the condition of free negroes and other persons of color, be taken up and placed fourth among the orders of the day;

        Which was adopted.

ORDERS OF THE DAY.

        A bill to be entitled an act to amend the amended Constitution of the State of Florida in relation to the sessions of the General Assembly;

        Was read three several times.

        Mr. Magbee moved that the bill be referred to the committee on the Revision of the Constitution;

        Upon which the yeas and nays were called for by Messrs. McCall and Walker;

        The vote was:

        Yeas--Messrs. Brokaw, Davidson, Ingram, Jones, Magbee and Rogers--6.

        Nays--Mr. President, Messrs. Call, Chain, Dawkins, McCall, McQueen, Simkins and Walker--8.

        So said motion was lost.

        The bill was then ordered to be placed first among the orders of the day for Monday next.

        A committee from the House appeared at the bar and informed the Senate that they had been appointed a committee to return to the Senate a bill to be 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.

        The motion of Mr. Dawkins to reconsider the vote taken on yesterday in regard to the passage of the bill was taken up.

        Mr. Rogers raised a point of order, that the Senate could not entertain a motion to reconsider the vote taken on a bill after the bill had been certified to the House.

        The Chair decided that the House having returned the bill to the Senate it was in order to reconsider the vote.

        Mr. Rogers appealed from the decision of the Chair;

        Upon which the yeas and nays were called;


Page 244

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Dawkins, Davidson, Ingram, Jones, McCall, McQueen, Simkins and Walker--10.

        Nays--Messrs. Call, Magbee and Rogers--3.

        So the decision of the Chair was sustained.

        The question then recurred upon the reconsideration of the vote;

        The yeas and nays were called for by Messrs. McCall and Call;

        The vote was:

        Yeas--Messrs. Chain, Ingram, Jones, McCall, McQueen and Walker--7.

        Nays--Mr. President, Messrs. Brokaw, Call, Dawkins, Davidson, Magbee, Rogers and Simkins--7.

        So the motion to reconsider the vote was lost;

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the 7th section of the 13th article of the Constitution of this State;

        Was read three several times and ordered to be placed second among the orders of the day for Monday next.

        House bill to be entitled an act to amend the pleading and practice in the courts of this State;

        Mr. Call moved to amend the bill by offering the following as a substitute for the forty-seventh section:

        SEC. 47. Be it further enacted, That the marriage of a woman plaintiff or defendent, shall not cause the action to abate, but the action may notwithstanding be proceeded with to judgment, but such judgment shall be rendered against, or in favor of the wife alone, and execution thereon be levied upon her property alone; in case of a judgment for the wife, execution may issue thereon by the authority of the husband, without suggestion.

        Which was adopted.

        On motion of Mr. Eppes the preamble was striken out.

        Mr. Call offered the following amendment:

        Add to the fourth section: "Nor shall he be allowed without good cause shown for his default, to plead any plea which would delay the trial of the cause beyond the time when it might have been tried if the said plea had been plead in due time."

        Which was adopted.

        Mr. Eppes moved to strike out the sixty-fourth section;

        Which was adopted.

        Mr. Rogers moved to strike out the 65th, 66th, 67th, 68th, and 69th sections;

        Which was lost.

        Mr. Call offered the following amendment:


Page 245

        In the 65th section, first line, strike out "such" and insert "any;" in the second and third lines, same section, strike out "either before or after such Oral examination."

        Which was adopted.

        The bill as amended was then put upon its passage;

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Ingram, Jones, Magbee, McCall, McQueen and Simkins--9.

        Nays--Mr. President, Messrs. Brokaw, Davidson, Rogers and Walker--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        The rules being waived, Mr. Ingram from the committee on Engrossed bills made the following report:

        The committee on engrossed bills beg leave to report the following bill as correcly engrossed:

        A bill to be entitled an act defining the condition of free negroes and other persons of color.

Respectfully submitted,

T. INGRAM,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        A bill to be entitled an act to define the condition of free negroes and other persons of color;

        Was read the third time.

        Mr. McCall offered a substitute for the bill;

        Upon which the yeas and nays were called by Messrs. McCall and Davidson;

        The vote was:

        Yeas--Mr. President, Messrs. Dawkins, Davidson, Ingram, Jones, McCall, McQueen, Rogers, Simkins and Walker--10.

        Nays--Messrs. Brokaw, Call and Chain--3.

        So the substitute was adopted.

        Mr. Dawkins moved to strike out "one-eight" in section seven.

        Mr. Call moved to amend the motion by striking out in the same section the words "or more," which was accepted by Mr. Dawkins;

        Upon the adoption of the amendment the yeas and nays were called for by Messrs. McCall and Davidson;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Simkins and Walker--14.

        Nays--none.

        So the amendment was adopted.


Page 246

        Mr. Rogers moved to amend by adding the following additional section:

        SEC. 8. Be it further enacted, That all negroes and mulattoes in this State shall after the 1st of October, 1861, be held, deemed, and taken to be slaves, and the lawful property of any free person having the same in possession, unless a better title to said slaves be proven to exist in some other person.

        Upon which the yeas and nays were called for by Messrs. Rogers and Ingram;

        The vote was:

        Yeas--Messrs. Brokaw, Call, Dawkins, Magbee, McCall, McQueen, Rogers, Simkins and Walker--9.

        Nays--Mr. President, Messrs. Chain, Davidson, Ingram and Jones--5.

        So the amendment was adopted.

        Mr. Rogers moved to amend the section just adopted by inserting the word "white;"

        Upon which the yeas and nays were called for by Messrs. McCall and Simkins;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Simkins and Walker--14.

        Nays--none.

        So the amendment was adopted.

        The bill was then ordered to be placed back on its second reading and 80 copies ordered to be printed for the use of the Senate.

        A bill to be entitled an act to precsribe the mode and manner of calling troops into the State service;

        Was read the second time.

        Mr. Call moved the indefinite postponement of the bill;

        Upon which the yeas and nays were called by Messrs. Call and McCall;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Magbee, McCall, McQueen, Simkins and Walker--12.

        Nay--Mr. Jones--1.

        So the bill was indefinitely postponed.

        The rules being waived, Mr. Brokaw from the committee on Claims and Accounts, made the following report:

        The committee on Claims and Accounts to whom was referred a bill to be entitled an act to compensate B. F. Whitner, jr., for services in running and marking the boundary line between the States of Florida and Georgia, have instructed me to make the following


Page 247

REPORT

        That they recommend the passage of the bill with the following amendment: strike out $2,000, and insert $1,532 82, that being the amount claimed by B. F. Whitner, jr., for his services.

P. B. BROKAW,
for Committee.


        Which was received and read, the amendments proposed by the committee concurred in, and the bill ordered to be placed among the orders of the day for Monday next.

        House bill to be entitled an act to organize Baker county;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Call, Chain, Davidson, Jones, Magbee, McCall and Simkins--7.

        Nays--Mr. President, Messrs. Brokaw, Dawkins, Ingram and Walker--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to prevent citizens of those States which have passed bank suspension and stay laws from collecting debts in this State;

        Was read the first time and ordered for a second reading on Monday next.

        The rules being waived, Mr. Dawkins introduced without previous notice the following bill:

        A bill to be entitled an act to incorporate a company to construct a Railroad from St. Andrews to some point on the line of Georgia or Alabama in West Florida.

        Which was read the first time by its title, and ordered to be placed among the orders of the day for Monday next.

        The rules being waived, Mr. Magbee moved that the House bill to be entitled an act to organize the county of Polk from the counties of Hillsborough and Brevard, be taken up;

        Which was adopted, the bill read a first time by its title, and ordered for a second reading on Monday next.

        On motion the Senate adjourned until half-past two o'clock, P. M., on Monday next.


Page 248

MONDAY, February 4th, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as chaplain.

        On motion the reading of the journal of Saturday was dispensed with.

        Pursuant to previous notice Mr. Jones introduced the following bill:

        A bill to be entitled an act to empower the Judges of Probate of Washington and Holmes counties to draw certain school funds;

        Which was placed among the orders of the day.

        The rules being waived, Mr. Simkins introduced without previous notice, the following bill:

        A bill to be entitled an act for the relief of F. L. Dancy, late Surveyor General, and for other purposes;

        Which was read the first time and ordered for a second reading on to-morrow.

        Mr. Call introduced without previous notice, the following bills:

        A bill to be entitled an act to amend the act entitled an act to encourage and facilitate Internal Improvements and to authorize and regulate partnerships for that purpose;

        A bill to be entitled an act to amend an act to provide for the incorporation of Insurance Companies; and

        A bill to be entitled an act providing for the publication of certain laws;

        Which being read a first time were placed among the orders of the day for a second reading on to-morrow.

        The rules being waived, Mr. Watlington introduced without previous notice, the following bill:

        A bill to be entitled an act to provide for the public expenditure;

        Which was placed among the orders of the day.

        The following communication was received from his Excellency the Governor:

Executive Department,
Tallahassee, February 2, 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: I have approved and signed the following bills:

        An act to change the name of Martha Anne Barnes to that of Mary Harriet McClelland;

        An act for the relief of James C. McArthur, former Sheriff of Santa Rosa county;

        An act to authorize and empower Florida A. Stanley to assume the management of her own estate;


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        An act restoring Isaiah Bird of Hamilton county to the right of suffrage and other privileges;

        An act to repeal so much of the act approved Jan. 7, 1859, as consolidates the offices of Sheriff and Tax Assessor & Collector of Wakulla county;

        An act to facilitate criminal prosecutions;

        An act to charter the Southern Export and Import Company; and

        An act concerning replevin.

Very respectfully,

M. S. PERRY.


        Which was read.

        Also the following:

Executive Department,
Tallahassee, Feb. 2d, 1861.

Gentlemen of the Senate and
House of Representatives:

        The people of the State having declared themselves a sovereign and independent nation, the duty of providing by law proper measures for the defence of that sovereignty and independence is, by the Constitution, cast upon the Executive and Legislative branches of the Government of the State, and it is particularly my duty to call your attention to such matters as may seem to me to justify the belief that the State is in danger from any foe, and to call on you to unite with me in defending her from injury. The occurrences of the last two months sufficiently indicate, that this State and any others of the slaveholding States which have or yet may decide to separate from any political connection with the non-slaveholding States of the late American Union, will not be permitted to accomplish such separation in a peaceable manner, and that they must maintain the independence which they assert and claim to have the right to assume, by a show of force, perhaps by an actual resort to arms, however powerful may be the argument on which we rely to justify our separation. However much we may be convinced of our right to adopt the course which, as a people we have determined to pursue, to avert from us and our posterity the calamities which we feared would befall us and them from the continuance of a government, in a just share of the power of which we could not reasonably expect to enjoy--although the wrong and injuries we had experienced, without any adequate redress from the government of the United States were such as rendered the advantages we derived from it no adequate compensation for the evils to which it left us exposed; and although, we as a free, enlightened and christian people, have,


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after long suffering, and expostulation with those who sought to injure us under the forms of legislation, and under the shield of the Union, have been driven to the exercise of the right to reassume to our State the powers delegated to the Federal Union of States which existed under the Constitution of the United States, which right is plain and incontestible by any of the principles upon which the independence of the American Colonies was placed by the illustrious men who framed and adopted the declaration of the reasons which governed the people of the Colonies in their action; yet it is manifest that the inhabitants of the non-slaveholding States are hardening their hearts against all signs and evidences which justify our exodus from among them, and that like Egyptians of old, they are not willing that we should depart in peace from our state of bondage, but in the spirit of the oppressor, they seek to tighten their grasp upon a people who have been to them an abundant source of profit and advantage, and are preparing their host to follow after and to return as to a captivity, the latter end of which must be worse than the first. Whilst President Buchanan has officially declared that he has no power to employ the military and naval forces under his control in any overt act of hostility against any of the States which have dissolved their connection with the late Federal Union--yet it is apparent that he supports officers of the army under his control in the hostile occupation of portions of the territory of this State, and our sister State of South Carolina--permits his General and members of his Cabinet to set on foot military expeditions against us, reinforce forts, order men-of-war to hover on our coast in hostile array, and has advised Congress to pass laws for the purpose of collecting revenue from imposts into our State by means of armed vessels. This conduct of President Buchanan, which is totally at war with our claim of independence and sovereignty, is not only recognized to be correct and supported by the Representatives of the non-slaveholding States sitting in Congress at Washington, and claiming to be the Congress of the United States, but they have, by speech and votes, manifested a firm resolve to disregard the act of the people done in Convention, dissolving the political ties which united us with the people whom they represent, and declare their purpose so soon as they can attain further power by the inauguration of a President elected by themselves, without the voice and in direct opposition to the will of our people, to use all the military and naval power which they may be enabled to acquire the possession and control of, to subjugate our people and those of the States concurring with us, and to compel us to submit to that government which we resolved to throw off because its further continuance menaced the destruction of our


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rights and liberties. We have unmistakable evidence of every kind that is significant and reliable, that the people of the non-slaveholding States sustain the action and declared purposes of those whom they chose by a large majority of their voices to represent them and rule us. We have seen Legislature of the great States of New York, Ohio and Massachusetts, passing resolutions pledging men and money to aid in fastening upon us again the chains with which they hope to attach us forever to a condition of bondage and vassalage to an unfriendly people. No friendly voice was lifted in the councils of these States to defend our action and to maintain our right to throw off a government which, in our opinions, no longer conferred on us those blessings of peace and domestic tranquility which it was founded to secure. No one was heard to utter that truth which our ancestors had inserted in their declaration of independence, "that all governments derive their just powers from the consent of the governed." Of all the mighty thousands of Northern men whom we were beseeched to trust to as a sufficient means to guard us against the ruin which we foresaw in the impending ascendancy of the Black Republican party, not even a respectable minority in the Legislatures alluded to opposed their votes to such foul acts of unfriendly power. No lover of human liberty was heard to exclaim, wherever people calling themselves Republicans were, through their Representatives, offering to furnish the means to compel millions of their fellow men, their equals, and lately their fellow-citizens, to submit to a government under which they honestly believed they could not enjoy their admitted and just rights, No Burke, no Barre, no Fox declared against acts of tyranny, far more odious and cruel than those which a North and a Bute perpetrated under the authority of a crown, and which found illustrious patriots ready to denounce in the hearing of the mighty monarch who sat on the throne of Great Britain. We are not only assured that force of arms is to be employed to compel us to pass under the yoke of Black Republican rule, by the evidences I have alluded to, derived from legislative proceedings of the State Legislatures and of representative men in Congress from non-slaveholding States, but daily the press and the pulpit pour forth denunciations against our people and earnestly count the days yet to lapse when they fervently hope to see their representative man, Abraham Lincoln, enthroned at Washington in undisputed possession of all the machinery of government, supported by the military chieftain, who, like Napoleon at Paris, coolly and deliberately, without remorse or hesitancy, plants the cannon that is to mow down, at his word of command, his fellow-citizens, whom a love of liberty may urge to make an effort to save the tomb of Washington from remaining in the keeping of


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those who have forgotten his precepts and have, by the organization of a sectional party, destroyed the Government and buried the spirit of the Constitution. We are forewarned of coming attacks upon our political and civil liberties, and shall we not be forearmed? We have yet heard but the mutterings of the thunder, but the storm is not afar off. It may pass by us, but let us be prepared to meet it firmly, and avert from our people the injury with which it threatens them. Let us remember the voice of that illustrious southerner, whose mortal remains lie entombed on the banks of the Potomac, who counselled us in "time of peace to prepare for war." Let us arm for the contest, and perchance, by a show of our force and our readiness for the combat, we may escape the realities of war. Already our brethren of the Southern States are arming--we too have made some preparation, but much remains undone. We see that even the slaveholding States of Missouri, Tennessee, Virginia and North Carolina, which have not yet cut loose the ties which connect them politically with the non-slaveholding States, are arming for the contest. In Virginia the people are ahead of the Legislature, and have, in their county meetings, empowered the county authorities to put the militia on a war footing, and have raised funds for the purchase of arms and ammunition. All these signs and tokens warn us to be ready to defend our rights. With the notes of hostile preparation sounding in our ears, with the example of our brethren (whose fate we must share) to stimulate us, is it not our duty to prepare to sustain, by our arms, what we have determined upon in our counsels?

        We who were emulous of being foremost in dissolving the Union, should not be laggard in preparing for the contest. We have taken the field. Our flag is unfurled at Pensacola, where our gallant troops, standing shoulder to shoulder with the brave volunteers from our sister States, who, with a noble, generous chivalry, stand ready to obey our orders and co-operate with us most cordially in our time of need. Let us make provisions to keep them under arms and to call out and support them by others should they be needed. The State expects us to do our duty, the people will do theirs. I invite you therefore to lend me your aid and to unite with me in providing for the calling into service such a number of troops as may be equal to our defence, when assisted as we shall be by our sister States, who are preparing to unite their political fortunes with ours.

        I also suggest to you that you should make special appropriations for the pay and maintenance of as many troops as may be called into service, and for the purchase of munitions of war, transportation of troops, and other expenses incidental to the defences of the State.


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        The States of Louisiana, Mississippi, Georgia, Alabama and South Carolina, which have dissolved their connection with the late federal Union, have elected delegates to meet with those sent from this State to the Convention to be held at Montgomery, Alabama, on the fourth day of this month, being the day suggested by a majority of the seceding States. We may expect, therefore, that the Convention will at an early day form a provisional government for the States represented, and call for troops and money from the confederates. The quota of Florida will not be large, but we should proceed to organize the force which we are likely to be called on to furnish, and appropriate the means necessary for the maintenance and pay of them and our quota of the expense of the common defence.

        I am not able to lay before you an estimate of the amount necessary, but will readily confer with Committees of your bodies with a view to ascertain what sum of money may be required therefor.

Very Respectfully,

M. S. PERRY.


        Which was read, 500 copies ordered to be printed, and the same referred to the committee on the Militia, with instructions to confer with his Excellency the Governor, in relation thereto.

        The following message was received from the House of Representatives:

House of Representatives,
February 2, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR--The House has refused to recede from the House amendments to the Senate bill entitled an act to change the mode of selecting Grand and Petit Jurors in this State, and have appointed a committee of conference, consisting of the Judiciary committee of the House.

Respectfully,

A. J. PEELER,
Clerk House Rep.


        Which was read and the committee on the Judiciary appointed a committee to confer with the committee on the part of the House.

        The following message was received from the House of Representatives:

House of Representatives,
February 1st 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: The House has passed the following bills and resolution, viz:


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        House bill to be entitled an act concerning the office of Clerk of the Supreme Courts of this State;

        House bill to be entitled an act to change the name of Elizabeth Lovett;

        Senate bill to be entitled an act to amend the road law, and to repeal a certain act relating to Santa Rosa county, as amended;

        Senate bill to be entitled an act to change the name of the county site of Holmes county from Hewitts Bluff to that of Gay Hill, and for other purposes therein expressed, as amended;

        Senate resolution relative to the Florida and Georgia boundary line;

        House bill to be entitled an act governing vessels propelled in whole or in part by steam, in this State;

        Senate bill to be entitled an act providing for a State uniform and flag, as amended;

        Senate bill to be entitled an act to establish the fees of Notaries Publics in certain cases;

        Senate bill to be entitled an act to permit A. E. Hodges to establish a Ferry across the Withlacoochee river;

        Senate bill to be entitled an act to authorize the County Commissioners of Washington county to establish a ferry across Holmes' creek;

        Senate bill to be entitled an act combining the office of Sheriff and Tax Assessor of Jefferson county; and

        House bill to be entitled an act to amend an act to provide for the payment of Physicians who are summoned to attend Coroners Juries, approved January 11, 1855.

Very respectfully,

A. J. PEELER,
Clerk House of Representatives.


        Which was read, the House bills read the first time by their titles and ordered for a second reading on to-morrow, and the amendments to the Senate bills concurred in, which, together with the Senate bills that had passed the House without amendment, ordered to be enrolled, and the same certified to the House of Representatives.

        The rules being waived, Mr. Magbec moved that the bill establishing the county of Polk from Hillsborough and Brevard counties be placed first among the orders of the day;

        Which was adopted.

        The rules being waived, Mr. Davidson moved that the bill to be entitled an act to secure certain rights to married women, be taken up and placed among the orders of the day next to bill in regard to Polk County;

        Which was adopted.


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        Mr. Dawkins moved that the bill to be entitled an act to incorporate a company to construct a railroad from St. Andrews to some point on the Georgia and Alabama line in West Florida be placed third among the orders of the day;

        Which was agreed to.

        Mr. Ingram presented a petition from sundry citizens of Alachua county;

        Which was laid upon the table.

        Mr. Ingram offered the following resolution:

        Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That both Houses of this General Assembly will adjourn sine die on Friday, the 8th inst., at one o'clock, P. M.

        Which was placed among the orders of the day.

        Mr. Call offered the following resolution:

        Resolved, That the Secretary of the Senate and the chief Clerk of the House be, and they are hereby authorized to deliver the engrossed copies of bills, after they shall have been duly enrolled, to the Governor's Secretary, to be by him retained until the laws shall have been finally copied, and afterwards deposited in the office of the Secretary of State;

        Which was read, the rules waived, and the resolution put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--15.

        Nays--None.

        So said resolution passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Mr. Ingram 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:

        A bill to be entitled an act to secure certain rights to married women;

        A bill to be entitled an act requiring of Circuit Courts to set specific days for the trial of cases wherein three or more witnesses are subpoenaed;

        A bill to be entitled an act for the relief of Halstead H. Hoeg and assignees;

        A bill to be entitled an act to allow Sheriffs costs for advertising their sales in the public gazettes of this State;

        A bill to be entitled an act relative to the common school fund of Washington and Holmes counties;


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        A bill to be entitled an act regulating the order in which cases shall be tried in the Circuit Courts;

        A bill to be entitled an act repealing the usury laws;

        A bill to be entitled an act in relation to sheriffs;

        A bill to be entitled an a t defining who shall be competent witnesses, and for other purposes;

        A bill to be entitled an act to amend an act to provide for writs of error in criminal cases;

        A bill to be entitled an act requiring Railroad Companies to maintain proper cattle guards and Railroad crossings;

        A bill to be entitled an act to authorize the County Commissioners of Hillsborough county to borrow money;

        A bill to be entitled an act to authorize Joseph H. Rowe, Wm. J. Keyser and other owners of wharf property at Milton, in Santa Rosa county to establish and charge rates of wharfage;

        A bill to be entitled an act for the relief of Donald Cameron, Justice of the Peace for Leon County;

        A bill to be entitled an act to amend the criminal laws of this State and to provide for the punishment of abusive words; and

        A bill to be entitled an act to prevent breaches of trust by Telegraph Operators.

Respectfully submitted,

TILLMAN INGRAM,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        Mr. Simkins, from the committee on enrolled bills, made the following report:

        The committee on enrolled bills beg leave to report the following bills as correctly enrolled:

        A bill to be entitled an act to incorporate the La Villa Institute, near Jacksonville, Florida;

        A bill to be entitled an act to amend the Pilot laws of the port of Fernandina;

        A bill to be entitled an act to provide a remedy to enforce the lien of ship-wrights, ship-chandlers and others, against ships, vessels, steamboats, or other water crafts;

        A bill to be entitled an act to change the time for holding the Circuit Courts of the Western Circuit; and

        A bill to be entitled an act relating to foreign guardians.

Respectfully submitted,

E. C. SIMKINS,
Chairman.


        Which was read.


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        Mr. Davidson from a select committee made the following report.

        The committee to whom was referred resolutions in regard to the pay of the members of the General Assembly

REPORT

        That they have had the same under consideration and recommend the passage of a bill to be entitled an act fixing the pay of the members of the General Assembly, which is herewith offered as a substitute.

R. H. M. DAVIDSON, Chairman,
D. S. DAWKINS,
JOHN CHAIN,


        Which report was received and read and bill placed among the orders of the day.

ORDERS OF THE DAY.

        A bill to be entitled an act to amend the amended Constitution of the State of Florida in relation to the sessions of the General Assembly;

        Was read three several times and put upon its passage:

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Jones, McQueen, Rogers, Simkins and Walker--11.

        Nays--Messrs. Duncan, Ingram, Magbee and Watlington--4.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the 7th section of the 13th article of the Constitution of this State;

        Was read three several times and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Jones, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nay--Mr. Magbee--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to organize the county of Polk from the counties of Hillsboro and Brevard;

        Was read the third time;

        Mr. Rogers offered the following amendment to section eight:


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        Provided, however, that it shall be found by a census of said county, to be taken by order of the Governor, under the forms now prescribed by law for taking the general census of this State, the expense of taking such census to be borne by the said county, that its population is sufficient to entitle it to such representation; otherwise, it shall continue to vote for representative with the county of Hillsborough, until the next regular apportionment of representation; and said county shall constitute a part of the 20th Senatorial District of the State.

        Which was adopted.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Magbee, McQueen, Rogers and Simkins--8.

        Nays--Mr. President, Messrs. Duncan, Ingram and Jones--4.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to secure certain rights to married women:

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Davidson, Duncan, Ingram, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--12.

        Nay--Mr. Brokaw--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to incorporate a company to construct a Railroad from St. Andrew's Bay to some point on the line of Georgia or Alabama, in West Florida;

        Was read the first time, the rules waved, read a second time by its title, and referred to the committee on Internal Improvements.

        A bill to be entitled an act to prevent citizens of those States which have passed bank suspension and stay laws, from collecting debts in this State;

        Was read the second time and referred to the committee on the Judiciary.

        House bill to be entitled an act to amend an act to provide for the payment of Physicians who are summoned to attend Coroner's Juries, approved Jan. 11, 1855;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill entitled an act to permit Erasmus Thompson of Hillsborough county, to practice law in the several Courts of this State;

        Was read the third time and put upon its passage;


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        The vote was:

        Yeas--Mr. President, Messrs, Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to organize the Volunteer forces of this State;

        Was read the second time and laid on the table.

        House bill to be entitled an act to amend the charter of the Alabama and Florida Railroad Company in relation to election of directors;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Duncan, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--15.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the election laws in force in this State;

        Was read the second time, and on motion referred to a select committee consisting of Messrs. Davidson, Jones and Dawkins.

        A bill to be entitled an act in relation to the admission of Attorneys;

        Was read the second time.

        On motion of Mr. Rogers, the substitute recommended by the committee was laid on the table.

        The rules being waived, the bill was then read a third time by its title, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Davidson, Magbee, McQueen, Rogers, Simkins and Walker--9.

        Nays--Messrs. Chain, Dawkins, Duncan, Ingram and Watlington--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to encourage the formation of mounted and cavalry companies in this State for military services;


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        Was read the second time, substitute recommended by the committee adopted, and ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act providing for the representation of this State in the Southern Convention;

        Was read the first time, the rules waived and read a second time.

        Mr. Call offered to amend by adding the following additional section:

        Be it further enacted, That should it become necessary after the adjournment of the General Assembly of this State, for them to choose any representatives to or other officers to the Provisional Government aforesaid, it shall be the duty of the Governor of this State to authorize the qualified voters of this State to designate by ballot the person or persons who shall be choosen as such representatives or officers, and the persons so designated as their choice by a plurality of the qualified voters of the State are hereby declared to be the choice of the General Assembly, and the Governor of the State is hereby authorized to commission the person so chosen, under the great seal of the State, as the choice of the General Assembly.

        Which was adopted, and the bill as amended referred to the committee on the Judiciary.

        A bill to be entitled an act reorganizing the militia forces in this State;

        Was read the second time and the amendments proposed by the committee on the Militia, concurred in.

        Mr. Dawkins moved to amend the bill by striking out the seventh section;

        Which was lost.

        Mr. Rogers moved to strike out the word "five" in section nine and insert the word "four;"

        Which was adopted.

        Mr. Call offered the following as a substitute for the fifteenth section;

        SEC. 15. Be it further enacted, That whenever in case of actual invasion, or from any other cause, the military forces of this State shall be called into actual service, the lineal rank of all officers and their pay and emoluments shall correspond with the number of troops in the command, that is to say, an officer in command of sixty-four men, or less, shall rank as captain only and the rest in regular gradation and receive pay accordingly. If more than sixty-four men, and less than one hundred and twenty-eight are in the command the same shall be divided into two companies, and the highest in rank shall rank as a Major, and the residue in regular gradation.

        Which was adopted.


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        Mr. Rogers offered the following proviso to the substituted section just adopted:

        Provided, however, that this section shall not be so construed as to reduce the lineal rank or pay of any Colonel, Lieutenant Colonel, Major, Captain or Lieutenant, when such officer or officers shall have under his or their command the minimum number of men requisite to give to him or them, his or their legitimate rank from his or their own regiment, battalion or company;

        Which was adopted.

        Mr. Eppes moved to amend the bill by striking out the words "if any" in the third line of the seventeenth section and inserting "or" between the words "existence" and "herein" and inserting in the same line between the words "duties" and "herein" the words "heretofore and;"

        Which were adopted.

        Mr. Eppes moved to amend by striking out the eighteenth section.

        Which was lost.

        The bill was then ordered to be engrossed as amended for a third reading on to-morrow.

        The rules being waived, Mr. Davidson moved to take up the bill to be entitled an act for providing for carrying the mails;

        Which was read the second time.

        Mr. Call moved to amend the bill by striking out the word "nineteen" in the sixth line of the twentieth section, and add at the end of the section the words "in reference to carrying the mails;"

        Which was adopted.

        Mr. Davidson moved to strike out the word "and" in the fourth line of the seventh section, and insert the words "and Tallahassee" after the word "Quincy" in the same line;

        Which was adopted.

        Mr. Eppes moved to amend by inserting in the second line of the sixth section after the word "Apalachicola" the word "Chattahoochee;"

        Which was adopted.

        Mr. Magbee moved to amend the bill by striking out the words Post Master at Key West;"

        Which was lost.

        Mr. Eppes moved to add the words "or the contractors refuse to perform their contract" at the end of the eighteenth section;

        Which was adopted.

        The bill was then ordered to be engrossed as amended for a third reading on to-morrow.

        A bill to be entitled an act the further defining the duties of the Trustees of the Internal Improvement Fund;

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.


Page 262

        House bill to be entitled an act to enable Railroad Companies to obtain the right of way;

        Was read the second time and referred to the committee on Internal Improvements.

        A bill to be entitled an act requiring of Circuit Courts to set specific days for trial of causes wherein three or more witnesses are subpoenaed;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Duncun, Jones, McQueen and Watlington--9.

        Nays--Messrs. Davidson, Ingram, Magbee, Rogers and Walker--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act for the relief of Holstead H. Hoeg, and assignees;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Duncan, Ingram, Jones, Magbee, Simkins, Walker and Watlington--12.

        Nays--Messrs. Davidson and McQueen--2.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to allow sheriffs costs for advertising their sales in the public gazettes;

        Was read the third time.

        Mr. Rogers moved to amend the bill by striking out the words "or that is printed nearest thereto in the Judicial Circuit where said levy is made;"

        Upon which the yeas and nays were called by Messrs. Magbee and Walker;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Davidson, Duncan, Jones, McQueen, Rogers and Walker--8.

        Nays--Messrs. Call, Chain, Dawkins, Ingram, Magbee, Simkins and Watlington--7.

        So said motion was lost, the rule requiring three fourths to amend on the third reading.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Ingram, Magbee, McQueen, Simkins and Watlington--8.


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        Nays--Mr. President, Messrs. Brokaw, Davidson, Duncan, Jones, Rogers and Walker--7.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        On motion of Mr. Call the rules were waived and he moved an additional section to a bill to be entitled an act still further defining the duties of the Trustees of the Internal Improvement Fund, which was ordered to be engrossed to day, viz:

        SEC. 8. Be it further enacted, That the said Railroad shall be and remain free from toll or other charge upon the transportation of any property or troops of the State of Florida, or of any other government legitimately succeeding to the power, rights and privileges of the late United States;

        Which, together with the bill, was ordered to be engrossed for a third reading on to-morrow.

        On motion, the Senate adjourned until half-past ten o'clock to morrow morning.

TUESDAY, February 5th, 1861.

        The Senate met pursuant to adjournment.

        The Rev. Dr. DuBose officiated as Chaplain.

        A quorum present.

        On motion the reading of yesterday's journal was dispened with.

        On motion of Mr. Call, the rules were waived so as to allow the committees on Engrossed Bills and Enrolled Bills to report at any time.

        Mr. McQueen asked that the rules be waived, that he might make a motion;

        Which was adopted.

        Mr. McQueen moved to reconsider the vote upon the bill to be entitled an act to allow sheriffs costs for advertising their sales in the public gazettes;

        Which was adopted.

        Mr. Rogers moved that the bill be placed back upon its second reading;


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        Which was adopted.

        Mr. Call from the Judiciary committee made the following report:

        The joint Judiciary committee to whom was referred a bill to be entitled an act prescribing the form of an oath of allegiance, have had the same under consideration and instructed us to

REPORT

        A substitute for the original bill, and recommend that the substitute do pass.

GEO. W. CALL,
Chairman.


        Which was received and read, the substitute adopted in lieu of the original, read the second time and ordered to be engrossed for a third reading on to-morrow.

        Mr. Simkins from the committee on Enrolled Bills made the following report:

        The committee on Enrolled Bills begs leave to report the following bills as correctly enrolled:

        A bill to be entitled an act to amend the road law and repeal a certain act relating to Santa Rosa county herein named;

        A bill to be entitled an act combining the offices of Sheriff and Tax Assessor of Jefferson county;

        A bill to be entitled an act to establish the fees of Notaries Public in certain cases;

        A bill to be entitled an act to permit A. E. Hodges to establish a a ferry across the Withlacoochee river;

        A bill to be entitled an act to change the name of the county site of Holmes county from Hewitt's Bluff to that of Cerro Gorda and for other purposes;

        A bill to be entitled an act to authorize the County Commissioners to establish a ferry across Holmes creek; and

        Resolution relating to the Florida and Georgia boundary line.

Respectfully submitted,

E. C. SIMKINS,
Chairman Com. on Enrolled Bills.


        Which was read.

        Mr. Call from the joint Judiciary committee made the following report:

        The Joint Judiciary Committee recommend the passage of the following bills:

        A bill to be entitled an act providing for the representation of this State in the Southern Confederation;

        A bill to be entitled an act providing for the maintenance of the Light houses on the sea board;


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        A bill to be entitled an act providing for the punishment of those persons who pretend to hold offices in this State not recognized by the laws thereof, and for other purposes; and

        A bill to be entitled an act to prevent citizens of those States which have passed bank suspension and stay laws from collecting debts in this State.

GEO. W. CALL,
Chairman Judiciary Committee.


        Which was received and read, and on motion of Mr. Call, the bills were read the second time and ordered to be engrossed for a third reading on to-morrow.

        Mr. Brokaw from the committee on Claims and Accounts made the following report:

        The committee to whom was referred a resolution for the relief of John M. Irwin, beg leave to make the following

REPORT:

        They have had the same under consideration, and upon examination believe the same to be correct and just, and recommend the passage of the resolution.

P. B. BROKAW,
For Committee.


        Which was received and read and the resolution placed among the orders of the day.

        Mr. Ingram from a select committee made the following report:

        The select committee to whom was referred a bill to be entitled an act to prevent persons from penning or detaining stock without the consent of the owner, in Nassau county, have had the same under consideration, and offer a substitute in lieu of the original, and recommend its passage.

TILLMAN INGRAM,
Chairman.


        Which was received and read and bill placed among the orders of the day.

        Mr. Ingram 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:

        A bill to be entitled an act to establish the Bank of Commerce;

        A bill to be entitled an act to encourage the formation of mounted and cavalry companies in this State for military service; and


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        A bill to be entitled an act still further defining the duties of the Trustees of the Internal Improvement Fund.

Respectfully submitted,

T. INGRAM,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

ORDERS OF THE DAY.

        A bill to be entitled an act relative to the Common School Fund of Washington and Holmes counties;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers, Simkins and Walker--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act regulating the order in which cases shall be tried in the Circuit Courts;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Ingram, Jones, McQueen, Simkins and Walker--10.

        Nays--Messrs. Davidson, Magbee, and Rogers--3.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act repealing the Usury Laws;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Brokaw, Call, Chain, Dawkins and Simkins--5.

        Nays--Mr. President, Messrs. Davidson, Ingram, Jones, Magbee, McQueen, Rogers and Walker--8.

        So the said bill was lost.

        A bill to be entitled an act in relation to Sheriffs;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Davidson, Ingram, Jones, Magbee, McQueen, Rogers and Simkins--11.

        Nays--Messrs. Dawkins, and Walker--2.

        So said bill passed--title as stated.


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        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act defining who shall be competent witnesses, and for other purposes;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Jones and Simkins--5.

        Nays--Mr. President, Messrs. Brokaw, Davidson, Ingram, Magbee, McQueen, Rogers and Walker--8.

        So said bill was lost.

        A bill to be entitled an act to amend an act to provide for writs of error in criminal cases;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act requiring Railroad Companies to maintain proper cattle guards and Railroad crossings;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to authorize the County Commissioners of Hillsborough county to borrow money;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to authorize Joseph H. Rowe, Wm. J. Keyser and other owners of wharf property, at Milton, Santa Rosa county, to establish and charge rates of wharfage;


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        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act for the relief of Donald Cameron, Justice of the Peace for Leon county;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the criminal laws of this State and to provide for the punishment of abusive words;

        Was read the third time.

        Mr. Rogers offered the following as a substitute for the bill:

        Be it enacted by the Senate and House of Representatives in General Assembly convened, That from and after the passage of this act, any abusive words may be introduced in evidence in indictment for assault and assault and battery, and may in the discretion of the jury be deemed and taken to be a justification for such assault or assault and battery.

        Which was adopted.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--12.

        Nay--Mr. Davidson--1.

        So said bill passed.

        Mr. Rogers moved to substitute the following for the title of the bill:

        A bill to be entitled an act in relation to evidence in cases of assault and assault and battery;

        Which was adopted.

        Ordered that the passage of the bill be certified to the House of Representatives.

        A bill to be entitled an act to prevent breaches of trust by Telegraph Operators;


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        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act fixing the pay of members of the General Assembly;

        Was read the second time.

        The substitute, proposed by the committee, was adopted in lieu of the original.

        The rules were then waived and the bill read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act extending the time for making demands on Railroad Companies for stock killed or injured, and for other purposes;

        Was read the second time, rules waived, read a third time by its title and put upon its pasage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to locate the county site of Levy county;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--11.

        Nays--none.

        So said bill passed--title as stated.


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        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to regulate fishing on the coast of Florida;

        Was read the second time and referred to a select committee consisting of Messrs. Watlington, Dawkins and Call.

        The rules being waived, Mr. Dawkins from the committee on Internal Improvement made the following report:

        The committee on Internal Improvements to whom was referred a bill to be entitled an act to incorporate a company to construct a railroad from St. Andrews to some point on the line of Georgia and Alabama in West Florida, propose the following amendments: Strike out the word "one" and insert the word "ten" in the nineteenth line of section three, strike out the word "five" and insert "ninety" in the tenth line of section five, and strike out all after the words "printed in" in the sixteenth line of the same section and insert "in West Florida on the line of said road," strike out the same words in the twelfth and thirteenth lines and insert as above; strike out section eighteen and insert the following:

        Be it further enacted, That in so far as the route of said railroad shall be within the line or routes laid down in section four of the act entitled an act to provide for and encourage a liberal system of Internal Improvements in this State, approved January 6th, 1855, the said company shall be entitled to all the rights and benefits of the said act, and for the residue of the route of said railroad not so embraced by the provisions of said section four, the alternate sections of the swamp and overflowed lands for six miles on each side shall become the property of said railroad company in the mode and manner pointed out by the 29th section of the said above recited act.

        Strike out section nineteen.

        With which amendments your committee recommend the passage of the bill.

D. C. DAWKINS,
Chairman.


        Which was received and read, the amendments proposed by the committee concurred in, and the bill ordered to be engrossed for a third reading on to-morrow.

        Mr. Ingram 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 providing for carrying the mails.

Very respectfully,

TILLMAN INGRAM,
Chm'n Com. on Engrossed bills.



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        Which was received and read.

        On motion of Mr. Ingram, the rules were waived and the bill read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to amend the road laws in the counties of Leon and Gadsden;

        Was read the second time and ordered for a third reading on tomorrow.

        House bill to be entitled an Act to incorporate the Town of Monticello, Jefferson county, in this State;

        Was read the first time, rules waived, read a second and third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to authorize Henry C. Groovenstine to plead and practice law;

        Was read the second time.

        Mr. Rogers offered the followed amendment:

        Strike out all after "provided he" in first section, and insert "shall comply with the requirements of the law in relation to the admission of Attorneys, in force at the time his application shall be made."

        Which was adopted, and the bill ordered for a third reading on to-morrow.

        House bill to be entitled an act for the relief of Wm. J. Parker, Sheriff of Suwannee county;

        Was read the second time and referred to the committee on Claims and Accounts.

        House bill to be entitled an act making Capt. Simeon Sparkman a citizen of Columbia county;

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act for a stay of executions;


Page 272

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Chain, Dawkins, Davidson, Ingram, Jones, Rogers and Watlington--9.

        Nays--Messrs. Brokaw, Magbee, McQueen, Simkins and Walker--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to incorporate the German Building and Saving Association;

        Was read the third time and passed over informally to come up on its third reading on to-morrow.

        House bill to be entitled an act for the relief of T. C. Bolling, administrator of the estate of R. A. Child, deceased;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Call, Chain, Davidson, Magbee, McQueen, Rogers, Simkins, and Walker--9.

        Nays--Messrs. Brokaw, Dawkins and Jones--3.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to amend the road laws of Nassau county;

        Was read the second time, the rules waived, read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act for the relief of George D. Holt and Thaddeus Rees of Wakulla county;

        Was read the second time, the rules waived, read a third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Jones, Magbee, Rogers, Simkins, Walker and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.


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        Ordered that the same be certified to the House of Representatives.

        House bill to be be entitled an act to regulate the compensation of pilots at the port of St. Marks;

        Was read the second time, the rules waived, read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Walker--14.

        Nays--None.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act for the relief of William H. Fannin.

        Was read a second time and ordered for a third reading on to-morrow.

        The following communication was received from the House of Representatives:

House of Representatives,
February 4th, 1861.

HON. T. J. EPPES:
President of the Senate:

        SIR--The House has passed the following bills, viz:

        Senate bill to be entitled an act to amend an act to authorize the appointment of Measurers and Inspectors, and for other purposes;

        Senate bill to be entitled an act concerning roads and highways in St. John's county in this State;

        House bill to be entitled an act to amend an act to incorporate the town of Marianna, approved January 8th, 1853;

        House bill to be entitled an act to provide for the servacies of civil process in certain cases;

        House bill to be entitled an act to provide for taking of the marks and brands of cattle driven or shipped from the counties of Sumter, Hillsborough and Manatee;

        Senate bill to be entitled an act concerning pilotage for the port of Cedar Keys;

        Senate bill to be entitled an act to incorporate the College of St. Augustine to be located at St. Augustine;

        Senate bill to be entitled an act to establish the Commercial Bank of Lake City, as amended;

        Senate resolution for the relief of George B. Ellis, of Alachua county;


Page 274

        Senate bill to be entitled an act to amend the charter of the city of Fernandina;

        Senate bill to be entitled an act to incorporate the Florida Mutual Fire and Marine Insurance Company;

        Senate bill to be entitled an act to incorporate the Hydrant Water Company of Pensacola; and

        Senate bill to be entitled an act for the relief of Ellis W. Hawkins, of Santa Rosa county.

Respectfully,

A. J. PEELER,
Clerk House of Representatives.


        Which was received and read and the Senate bills which had passed the House without amendment, ordered to be enrolled, and the House bills read the first time by their titles, and bills placed among the orders of the day for to-morrow.

        Mr. Magbee moved that the House amendments to a bill to be entitled an act to establish the Commercial Bank of Lake City be concurred in.

        Mr. Call moved as a substitute for Mr. Magbee's motion, that the bill be passed over informally until to morrow;

        Upon the adoption of the substitute the yeas and nays were called for by Messrs. Magbee and Call;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers, Simkins and Walker--11.

        Nays--Messrs. Brokaw, Chain, and Magbee--3.

        So the motion prevailed.

        The question then recurred upon the adoption of the motion to postpone indefinitely;

        Upon which the yeas and nays were called for by Messrs. Magbee and Ingram;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Call, Chain, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers, Simkins and Walker--12.

        Nays--Messrs. Brokaw and Magbee--2.

        So the motion prevailed, and the bill was passed over informally.

        A committee from the House appeared at the bar and informed the Senate that a committee of five had been appointed on the part of the House to confer with a similar committee on the part of the Senate, to wait upon and confer with His Excellency the Governor on the measures that may be necessary to defend the State of Florida.

        Mr. Call moved that the militia committee to whom was referred the Governor's special message, with authority to confer with the Governor, be also authorized to confer with the select committee of the House, to whom the same message was referred.


Page 275

        Which was adopted.

        Mr. Rogers moved that a committee of three be appointed to inform the House that the special message of His Excellency, the Governor, was referred by the Senate to the committee on the militia, with instructions to confer with His Excellency the Governor, and to act with any committee of the House to which said message might be referred in relation thereto;

        Which was adopted, and Messrs. Rogers, Dawkins, and Jones appointed said committee, who retired and after a short absence returned and reported that they had performed that duty, and were discharged.

        A committee from the House appeared at the bar and informed the Senate that they had been appointed a committee by the House to inform the Senate that the House had passed a resolution authorizing the Treasurer to make temporary arrangements to meet the present expenses of the State;

        Which resolution was received and placed among the orders of the day.

        The following message was received from the House of Representatives:

House of Representatives,
February 5, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR:--The amendments proposed by the committee of conference on a Senate bill to be entitled an act to change the mode of selecting Grand and Petit Jurors in this State, have this day been adopted by the House.

Respectfully,

A. J. PEELER
Clerk of the House of Representatives.


        Which was read, the amendments proposed by the committee of conference concurred in, and the bill ordered to be enrolled.

        Resolution in relation to adjournment;

        Was read the second time.

        Mr. Call offered the following amendment:

        Provided if any called session of the General Assembly should be rendered necessary by such premature adjournment, there shall be no mileage allowed to members for attending said session, and that until the first of April, or until it shall be definitely ascertained whether such session be necessary, the mileage of members for this session be left in the Treasury.

        Which was adopted.

        The resolution was then ordered to be engrossed for a third reading on to-morrow.


Page 276

        A bill to be entitled an act to incorporate the Jacksonville, St. Augustine and Indian River Railroad charter;

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        Resolution to provide for the appointment of a Major-General in the army of Florida;

        Was read the second time and referred to the committee on the militia.

        A bill to be entitled an act declaring of what estate widows shall be endowed;

        Was read a second time.

        Mr. Magbee moved its indefinite postponement;

        Upon which the yeas and nays were called by Messrs. Magbee and Walker;

        The vote was:

        Yeas--Messrs. Davidson, and Magbee--2.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, McQueen, Simkins, Walker and Watlington--12.

        So said motion was lost.

        The bill was then ordered to be engrossed for a third reading on to morrow.

        A bill to be entitled an act to compensate B. F. Whitner, Jr., for services in running and marking the boundary line between the States of Florida and Georgia;

        Was read the third time.

        Mr. Magbee moved that the bill be re-referred to the committee on Claims and Accounts;

        Upon which the yeas and nays were called for by Messrs. Davidson and Magbee;

        The vote was:

        Yeas--Messrs. Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, Walker and Watlington--9.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, McQueen and Simkins--5.

        So the motion prevailed and the bill was re-referred.

        On motion Messrs. Ingram and Jones were added to the committee on Claims and Accounts.

        A bill to be entitled an act to incorporate the Florida and Georgia Railroad Company;

        Was read the second time.

        Pencing which, on motion the Senate took a recess until half-past three o'clock, P. M.


Page 277

HALF-PAST THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        The orders of the day were resumed.

        A bill to be entitled an act to incorporate the Florida & Georgia Railroad Company;

        Was taken up:

        Mr. Call moved that the amendments proposed by the committee on Corporations be concurred in;

        Which was agreed to.

        Mr. Call offered to further amend by strikibg out "one dollar" in the 8th line of section 3 and inserting "ten dollars in gold or silver coin or the bills of solvent banks;"

        Upon which the yeas and nays were called by Messrs. Magbee and Call;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Dawkins, Ingram, Jones, McQueen, Rogers and Walker--9.

        Nays--Messrs. Chain, Magbee, Simkins and Watlington--4.

        So the amendment was adopted.

        The bill as amended, was then ordered to be engrossed for a third reading on to-morrow.

        House bill to be entitled an act to authorize James Addison to construct a dam across the Ocklocknee river, for the purpose of erecting a mill;

        Was read the third time.

        Mr. Magbee moved to amend by inserting the word "dam" after "a" in the second section;

        Which was lost.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--13.

        Nay--Mr. Davidson--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to provide for holding the terms of the Supreme Court at the seat of government;

        Was read the second time, and on motion of Mr. Call laid on the table.

        A bill to be entitled an act to empower the Judge of Probate of Washington and Holmes county to draw certain school funds;


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        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.

        A bill to be entitled an act to provide for the public expenditure;

        Was read the second time and referred to the Committee on Ways and Means.

        A bill to be entitled an act to prevent persons from penning or detaining stock without the consent of the owner in Nassau, Alachua and St. Johns county;

        Was read the second time.

        Mr. Walker moved to add "Wakulla;"

        Which was adopted.

        The rules were then waived and the bill read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act still further defining the duties of the Trustees of the Internal Improvement Fund;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Simkins, Walker and Watlington--12.

        Nay--Mr. Baldwin--1.

        So the bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House resolution authorizing the Treasurer to make temporary arrangements to meet the present expenses of the State;

        Was read the first time, rules waived, read the second time and referred to the committee on Ways and Means.

        A bill to be entitled an act to encourage the formation of mounted and cavalry companies in this State for military service;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Simkins, Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.


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        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to establish the Bank of Commerce;

        Was read the third time.

        Mr. Magbee moved to amend by striking out "twenty-thousand" whenever it occurs and inserting "one hundred thousand;"

        Which was adopted.

        The bill as amended was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Simkins, Walker and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act providing for the republication of certain laws;

        Was read the second time and referred to the Judiciary committee.

        A bill to be entitled an act to amend an act to encourage and facilitate internal improvements, to authorize and regulate partnerships for that purpose;

        Was read the second time and referred to the committee on the Judiciary.

        Mr. Ingram 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:

        A bill to be entitled an act reorganizing the military forces of this State.

Respectfully submitted,

TILLMAN INGRAM,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        A bill to be entitled an act to provide for the incorporation of insurance companies;

        Was read the second time and referred to the committee on Judiciary.

        A bill to be entitled an act for the relief of F. L. Dancy, late Survyeor General 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 defining the condition of free negroes and other persons of color,


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        Was read the second time and on motion indefinitely postponed,

        House bill to be entitled an act to provide for the payment of physicians who are summoned to attend coroner's juries, approved January 11, 1855;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Jones, McQueen, Walker and Watlington--10.

        Nay--Mr. Ingram.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act concerning the office of Clerk of the Supreme Court of this State;

        Was read the second time and ordered for a third reading on tomorrow.

        House bill to be entitled an act to change the name of Elizabeth Lovett;

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act governing vessels propelled in part or in whole by steam, in this State;

        Was read the second time and referred to the committee on the Judiciary;

        A bill to be entitled an act to allow costs to Sheriffs for advertising their sales in the public gazettes of this State;

        Was read the third time.

        Mr. Rogers moved to amend the bill by striking out the words "or that is printed nearest thereto in the Judicial Circuit."

        Pending the adoption of which, Mr. Eppes moved the indefinite postponement of the bill;

        Which was agreed to.

        On motion the vote indefinitely postponing the bill was reconsidered, and the bill was taken up and referred to the committee on the Judiciary.

        Mr. Call moved to reconsider the vote indefinitely postponing the bill entitled an act defining the condition of free negroes and other persons of color;

        Which was agreed to.

        The question then recurred on the indefinite postponement of the bill;

        Upon which the yeas and nays were called by Messrs. Rogers and Ingram;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Chain, Magbee and Watlington--6.


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        Nays--Messss. Baldwin, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers, Simkins and Walker--9.

        So the Senate refused to indefinitely postpone, and on motion, the bill was taken up and passed over informally, to come up on its second reading on to-morrow.

        House resolution for the relief of John M. Irwin;

        Was read a second time, rules waived, read a third time by its title, and put upon its passage;

        The vote was:

        Yeas--Messrs. Baldwin, Brokaw, Call, Chain, Davidson, Magbee, McQueen, Rogers and Simkins--9.

        Nays--Mr. President, Messrs. Dawkins, Ingram, Jones and Walker--5.

        So said resolution passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A blll to be entitled an act re-organizing the Military forces in this State;

        Was read the second time, and on motion, passed over informally to come up on its second reading on to-morning.

        On motion, the Senate adjourned until to-morrow morning half-past 10 o'clock.

WEDNESDAY, February 6th, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion the reading of yesterday's journal was dispensed with, amended and approved.

        On motion of Mr. Call, Mr. Walker was excused from attendance on the Senate until Tuesday next.

        Mr. Baldwin moved to withdraw the bill which passed at the second reading in this House yesterday, entitled an act to incorporate the Florida and Georgia Railroad Company from the Senate;

        Upon the adoption of which the yeas and nays were called for by Messrs. Magbee and Ingram;

        The vote was:


Page 282

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Davidson and Jones--6.

        Nays--Messrs. Call, Chain, Ingram, Magbee, McQueen, Rogers and Simkins--7.

        So said motion was lost.

        The rules being waived, Mr. Abercrombie introduced without previous notice;

        A bill to be entitled an act supplemental to an act to establish the Planters' and Merchant's Bank of Pensacola;

        Which was read the fist time, rule waived, read the second and third times by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins, Walker and Watlington--16.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Mr. Call moved that the Secretary be authorized to employ an Assistant Engrossing Clerk at a cost of not more than four dollars per day;

        Which was adopted.

        Mr. McQueen from the joint committee on the Militia, made the following report:

        The joint committee on the Militia to whom was referred a bill to be entitled an act to amend the militia and patrol laws of this State, have had the same under consideration, and instruct me to report the bill back to the Senate and recommend its passage with the following amendment, after the word "State" in the eighth line of the first section add the words "approved December, 22d, 1859."

JAS. W. McQUEEN,
Chairman Senate Com.

JOS. JNO. WILLIAMS,
Chairman of House Committee.


        Which report was received and read and bill placed among the orders of the day.

        Also the following:

        The Joint Committee on the Militia to whom was referred a resolution to provide for the appointment of a Major General in the army of Florida, have considered the same, and have instructed me to report the resolution back to the Senate, for their consideration.

Respectfully submitted,

JAS. W. McQUEEN,
Chairman Senate Com.

JOS. JNO. WILLIAMS,
Chairman House Com.



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        Which report was received and read, and the resolution placed among the orders of the day.

        Mr. Call from the committee on the Judiciary made the following report:

        The Joint Judiciary Committee to whom was referred a bill to be entitled an act to reduce the costs of criminal proceedings, have had the same under consideration, and instructed us to

REPORT

        Amendments, and ask that the amendments be adopted and this bill do pass.

GEO. W. CALL,
Chairman.


        Which was received and read, and the bill placed among the Orders of the day.

        Also the following:

        The Joint Judiciary Committee to whom was referred a bill to be entitled an act giving the State a right of appeal and peremptory challenges in criminal cases, have had the same under consideration and instructed us to

REPORT

        A substitute in lieu of the original, and recommend the passage of the substitute.

GEO. W. CALL,
Chairman.


        Which report was received and read, and bill placed among the orders of the day.

        Also the following:

        The Joint Judiciary Committee recommend that the following bills do pass viz:

        A bill to be entitled an act to declare who are citizens of the State of Florida;

        A bill to be entitled an act providing a mode of instituting suits against counties;

        A bill to be entitled an act to amend the attachment laws;

        A bill to be entitled an act to amend an act to encourage and facilitate Internal Improvements and to authorize and regulate partnerships for that purpose;

        A bill to be entitled an act to amend an act to provide for the incorporation of Insurance Companies;


Page 284

        A bill to be entitled an act providing for the publication of certain laws;

        A bill to be entitled an act for the relief of Satrene Ramirez and other inhabitants of Escambia county; and

        A bill to be entitled an act transferring causes from the late District Court to the Circuit Court.

        The same committee recommend that the following bills do not pass, viz:

        A bill to be entitled an act to establish the office of Indian agent; and

        A bill to be entitled an act to authorize the Judge of Probate and county Commissioners of New River county to draw and select Grand Jurors.

        The same committee report without recommendation the following bills:

        A bill to be entitled an act to allow Sheriffs costs for advertising their sales in the public gazettes of this State;

        A bill to be entitled an act giving the State a right of appeal and peremptory challenge in criminal cases;

        A bill to be entitled an act governing vessels propelled in whole or in part by steam in this State; and

        A bill to be entitled an act to provide for the obtaining of the record books and dockets required by law for the Clerks of the Circuit Courts offices of this State, and for other purposes.

G. W. CALL,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        Mr. Magbee from the committee on Ways and Means, made the following report:

        The committee on Ways and Means to whom was referred Senate bill to be entitled an act to provide for the issue of Treasury notes, also House bill to be entitled an act to provide a permanent circulating medium for the citizens of Florida, have instructed me to

REPORT:

        That they have had the same under consideration and recommend that the House bill be substituted for the Senate bill, and that the said House bill be passed with the amendments hereunto submitted.

JAMES T. MAGBEE.
Chairman.


        Which report was received and read, and 80 copies of the bill ordered to be printed, as reported by the committee, and ordered to come up on its second reading on to-morrow.


Page 285

        Mr. Baldwin from the committee on Claims and Accounts made the following report:

        The committee on Claims and Accounts to whom was referred a bill to be entitled an act for the relief of Wm. J. Parker, Sheriff of Suwannee county, have had the same under consideration, and authorize me to

REPORT

        That the said Parker stands charged in the Comptroller's Office in the amount of $388 50, being fines charged against one Wm. Cason, convicted of manslaughter, and the expenses of the prosecution. But by order of the Court the said prisoner Cason was transferred to the Sheriff of Columbia county, who has given his receipt to said Parker, and as no fines have been collected by the said Parker, your cammittee recommend the passage of the accompanying bill for his relief.

Respectfully submitted,

A. S. BALDWIN,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Dawkins, from 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 enable Railroad Companies to obtain the right of way, have examined the same, and seeing no objection thereto, recommend its passage.

D. C. DAWKINS,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Watlington from a Select Committee made the following report:

        The committee to whom was referred the bill to be entitled an oct to regulate fishing on the coast of Florida, have had the same under consideration and recommend its passage.

F. WATLINGTON,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Ingram from the committee on engrossed bills made the following report:

        The committee on engrossed bills beg leave to report the following bills as correctly enrolled:


Page 286

        A bill to be entitled an act to empower the Judges of Probate of Washington and Holmes counties to draw certain school funds;

        A resolution relative to adjournment of both Houses of the General Assembly;

        A bill to be entitled an act for the punishment of those persons who pretend to hold offices in this State not recognized by the laws thereof and for other purposes;

        A bill to be entitled an act declaring of what estate widows shall be endowed;

        A bill to be entitled an act providing for the representation of this State in the Southern Confederation; and

        A bill to be entitled an act to prevent citizens of those States which have passed bank suspension and stay laws from collecting debts in this State.

Respectfully submitted,

T. INGRAM,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        Mr. Davidson moved that a committee of three be appointed to wait upon the House and request the return of the bill to be entitled an act to authorize James Addison to construct a dam across the Ocklochnee river for the purpose of erecting a mill;

        Which was agreed to, and Messrs. Davidson, Magbee and Jones, were appointed said committee, who retired, and after a short abscence returned and reported that they had performed that duty, and were discharged.

ORDERS OF THE DAY.

        A bill to be entitled an act to prevent citizens of those States which have passed bank suspension and stay laws from collecting debts in this State;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Call, Chain, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers and Simkins--11.

        Nay--Mr. Baldwin--1.

        So said bill passed--title as stated.

        Ordered that the same be certived to the House of Representatives.

        A bill to be entitled an act providing for the representation of this State in the Southern Confederacy;

        Was read the third time and put upon its passage;

        The vote was:


Page 287

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Resolution relative to the adjournment of both Houses of the General Assembly;

        Was read the third time.

        Mr. Ingram moved to strike out the proviso;

        Upon the adoption of which the yeas and nays were called for by Messrs. Rogers and Magbee;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Dawkins, Ingram, Jones, Magbee, McQueen and Rogers--9.

        Nays--Messrs. Call, Chain and Watlington--3.

        So said motion was lost.

        Mr. Chain moved that "Friday the 8th," be stricken out and "Thursday the 14th" be inserted;"

        Which was adopted.

        The resolution was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Chain, Dawkins, Ingram, Jones and Magbee--7.

        Nays--Messrs. Abercrombie, Brokaw, Call, McQueen and Watlington--5.

        So said resolution passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A committee from the House appeared at the bar and returned a bill to be entitled an act to authorize James Addison to construct a dam across the Ocklocknee river for the purpose of erecting a mill.

        A bill to be entitled an act declaring of what estate widows shall be endowed;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Baldwin, Call, Chain, Dawkins, Ingram, Jones, McQueen, Rogers and Simkins--9.

        Nays--Mr. President, Messrs. Abercrombie, Brokaw, Magbee, and Watlington--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to empower the Judges of Probate of Washington and Holmes counties to draw certain school funds;


Page 288

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act for the punishment of those persons who pretend to hold offices in this State not recognized by the laws thereof, and for other purposes;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen Rogers, Simkins and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to repeal the 16th section of an act entitled an act to amend the Militia and Patrol laws of this State;

        Was read the second time, the amendments proposed by the committee on the Militia concurred in, and the bill as amended ordered to be engrossed for a third reading on to-morrow.

        House resolution to provide for the appointment of a Major General in the army of Florida;

        Was read the second time, and on motion, passed over informally.

        A bill to be entitled an act to reduce the costs of Criminal Prosecutions;

        Was read the second time, the amendments proposed 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 amend an act to encourage and facilitate Internal Improvements, and to authorize and regulate partnerships for that purpose;

        Was read the second time.

        Mr. Call offered the following amendment:

        Strike out all after the word "requires" in the eighth line of the first section, and insert "that the general partners in such partnership association shall be the managers thereof, and authorized to contract debts therefor, be and the same is hereby repealed, and such partnership associations shall choose from time to time three or more managers, who shall be exclusively entrusted with the management


Page 289

of its affairs and solely authorized to contract debts, which shall be binding upon the same."

        Which was adopted, and the bill ordered to be engrossed, as amended, for a third reading on to-morrow.

        A bill to be entitled an act to provide for the obtaining of the record books and dockets required by law for the Clerks of the Circuit Courts officers of this State, and for other purposes;

        Was read the second time.

        Mr. Call moved the indefinite postponement of the bill;

        Upon which the yeas and nays were called by Messrs. Chain and Ingram;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Dawkins, Ingram, McQueen, Rogers and Simkins--8.

        Nays--Messrs. Abercrombie, Baldwin, Chain, Jones, and Watlington--5.

        So the bill was indefinitely postponed.

        House bill to be entitled an act to regulate fishing on the coast of Florida;

        Was read the second time.

        Mr. Eppes offered the following as an additional section:

        SEC. 10. Be it further enacted, That the money collected under this act, so far as the same relates to the county of Franklin and the bay, harbour and rivers in said county, be, and the same is hereby exclusively appropriated to the city of Appalachicola, for clearing out or otherwise improving the channel at said city or for other harbor purposes, and the Tax Assessors and Collectors, or the Sheriff, in said county, as the case may be, are hereby instructed, from time to time, to pay over said money as collected, to the Treasurer of said city to be applied by the Mayor and Council of said city as in this section provided.

        Which was adopted.

        Mr. Ingram moved the indefinite postponement of the bill;

        Upon which the yeas and nays were called by Messrs. McCall and Ingram;

        The vote was:

        Yeas--Messrs. Brokaw, Ingram, McCall, McQueen, Rogers, and Watlington--6.

        Nays--Mr. President, Messrs. Abercrombie, Baldwin, Call, Chain, Dawkins, Jones and Simkins--8.

        So the motion was lost.

        Mr. Call offered the following amendment to the bill:

        After the word "county," in the fifth line of the fourth section, insert "as far as the same may be necessary for harbor improvements,


Page 290

under the direction of the Commissioners of Pilotage for the port of said county;"

        Which was adopted.

        Mr. Chain offered the following amendment:

        And Escambia county shall be and is hereby put upon the same footing as that of Franklin county with regard to the provisions of this act;

        Mr. Call moved to add "Nassau, St. Johns, Duval, Monroe, Dade, Washington, Levy, Lafayette, Taylor, and Madison counties;"

        Both of which motions was lost.

        The bill was then ordered for a third reading on to-morrow.

        House bill to be entitled an act governing vessels propelled in whole or in part by steam in this State;

        Was read the third time.

        Mr. Call offered the following amendment:

        Strike out all after the enacting clause and insert:

        That the State of Florida shall be divided into two inspection districts, one of which shall commence at Cape Florida and extend to the West boundary of the State, and the other at Cape Florida and extend to and include the St. Mary's river on the north boundary of the State, and in each of said districts there shall be two inspectors, one of whom shall be located and reside in the city of Apalachicola, who shall be appointed by the Judge of the State Admiralty Court at Key West, and who shall perform all the duties by acts of the late Congress devolved upon the Inspectors of Hulls and Boilers, and receive the fees by law established for those officers.

        SEC. 2. Be it further enacted, That the Judge of the State Admiralty Court at Key West shall be authorized to perform all the duties devolved upon the Judges of the United States District Court in their respective districts, and also those devolved upon Supervision Inspectors by the act of Congress entitled an act to amend an act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam and for other purposes, which was approved August 30, 1852, and by the several acts of Congress lately of force in this State having reference to the same subject.

        SEC. 3. Be it further enacted, That the Congress of any Confederation of which Florida may become a part, shall have power to alter, repeal or amend this act.

        Which was adopted.

        The bill as amended, was then put upon its passage;

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--12.

        Nays--none.


Page 291

        So the bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act giving the State a right of appeal and peremptory challenges in criminal cases;

        Was read the second time and the substitute proposed by the joint Judiciary committee adoptsd.

        Mr. Rogers moved to strike out the words "half the number of," and insert the word "four" in the third section;

        Which was adopted.

        Mr. Rogers moved to amend the first section by adding the following proviso:

        "Provided, however, that no such writ of error or appeal shall be taken by the Attorney General, unless the recommendation be accompanied by the certificate of the Solicitor, and two other practising Attorneys, that in their opinion some important point of criminal law affecting the result of the case, decided adversely to the prosecution has been erroneously decided by the Court."

        Which was lost.

        Mr. Rogers moved to strike out the word "criminal" in the third section, and after the word "cases" insert "of felony."

        Which was lost.

        Mr. Call offered the following, to be added at the end of the first section:

        "But it shall be lawful for any defendent in whose case, after acquittal, an appeal has been taken to present a copy of the records to any Judge of the Supreme Court, and if on inspection said Judge of the Supreme Court shall deem the appeal improperly taken, he shall so certify and thereupon the same shall be dismissed."

        Which was adopted.

        The bill was then ordered to be engrossed, as amended, for a third reading on to-morrow.

        On motion, the Senate took a recess untill half-past 3 o'clock this evening.

HALF-PAST FOUR O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        A quorum present.

        The orders of the day were resumed.

        House bill to be entitled an act to authorize the Judge of Probate and County Commissioners of New River county to draw and select grand jurors;


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        Was read the second time, and on motion of Mr. Call, indefinitely postponed.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act transferring causes from the late District Courts to the Circuit Courts;

        Was read the second time, and on motion, the amendments proposed by the Judiciary committee concurred in and the bill referred to the Judiciary committee.

        House bill to be entitled an act for the relief of Satrene Remirez and others, inhabitants of the county of Escambia;

        Was read the second time and ordered for a third reading on to-morrow.

        Mr. Ingram from the committee on Engrossed bills made the following report:

        The committee on Engrossed Bills beg leave to report the follow bills as correctly engrossed:

        A bill to be entitled an act for the relief of F. L. Dancy, late Surveyor General and for other purposes;

        A bill to be entitled an act prescribing the form of an oath of allegiance; and

        A bill to be entitled an act providing for the maintenance of light houses on the seaboard.

Respectfully submitted,

T. INGRAM,
Chairman.


        Which was received and read, and the bills placed among the orders of the day for to-morrow.

        A bill to be entitled an act providing for the publication of certain laws;

        Was read the second time.

        Mr. Chain moved to amend the bill by inserting after the word "agent" in the third section, the words "or agents."

        Which was agreed to.

        Mr. Davidson moved to strike out the words "five thousand" and insert instead thereof, "twenty-five hundred;"

        Which was lost.

        The bill was then ordered to be engrossed for a third reading on to-morrow;

        A bill to be entitled an act to provide for the incorporation of Insurance Companies;

        Was read the second time.

        Mr. Eppes moved its indefinite postponement;

        Upon which the yeas and nays were called for by Messrs. McCall and Eppes;


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        The vote was:

        Yeas--Mr. President, Messrs. Davidson and Jones--3.

        Nays--Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, McCall, McQueen, Rogers, Simkins and Watlington--11.

        So the motion was lost.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act to amend the attachment laws;

        Was read the second time and ordered to be engrossed for a third reading on to-morrow.

        On motion of Mr. McCall, the bill to be entitled an act to establish the Commercial Bank of Lake City was taken up, and a committee consisting of Mersrs. McCall, Simkins and McQueen were appointed to wait upon the House, when in session, and ask it to recede from its amendments.

        On motion of Mr. Baldwin, the bill to be entitled an act to incorporate the German Building and Saving Association;

        Was taken up, read the third and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, McQueen, Rogers, Simkins and Watlington--13.

        Nay--Mr. McCall--1.

        So said bill passed--title as stated.

        Ordered hat the same be certified to the House of Representatives.

        A bill to be entitled an act providing a mode of instituting suits against counties;

        Was read the second time.

        Mr. Call offered to amend by adding the following additional section:

        Be it further enacted, That any citizen of any county may defend any suit against the same, and on the trial of said suit may plead any plea which denies the validity of the debt alleged against said county, and it shall be the duty of the Court at the hearing of any such case, to decide upon the right of the Judge of Probate, county Commissioners, or other parties by whom the county debt was contracted, to bind said county.

        Which was adopted, and the bill as amended, ordered to be engrossed for a third reading on to-morrow.

        On motion of Mr. McCall, the bill to be entitled an act defining the condition of Free Negroes and other persons of color;

        Was taken up and read a second time.

        Mr. Rogers moved to amend the eighth section by inserting between the words "State" and "shall" the words "other than those provided for in the second section of this act;"


Page 294

        Mr. Baldwin offered a substitute to Mr. Rogers' amendment, a substitute to the whole bill;

        Mr. Dawkins moved the indefinite postponement of the bill and substitute;

        Upon which the yeas and nays were called by Messrs. McCall and Rogers;

        The vote was:

        Yeas--Mr. President Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Bawkins, Davidson, Jones and Watlington--10.

        Nays--Messrs. Ingram, McCall, McQueen, Rogers and Simkins--5.

        So the bill and substitute was indefinitely postponed.

        Mr. Call moved to reconsider the vote just taken indefinitely postponing the bill, and to lay the motion to reconsider on the table and on this he called the previous question;

        Upon which the yeas and nays were called by Messrs. McCall and Baldwin;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call Chain, Dawkins, Davidson, Jones and Watlington--10.

        Nays--Messrs. Ingram, McCall, McQueen, Rogers and Simkins--5.

        So the previous question was sustained.

        The question then recurred upon laying the bill upon the table;

        Upon which the yeas and nays were called by Messrs. Call and Baldwin;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Jones and McCall--11.

        Nays--Messrs. Ingram, McQueen, Rogers and Simkins--4.

        So the bill was laid upon the table.

        On motion the Senate adjourned until half-past 10 o'clock to-morrow morning.

THURSDAY, February 7th, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        On motion the reading of yesterday's journal was dispensed with, amended and approved.


Page 295

        The following message was received from the House of Representatives:

House of Representatives,
February 6th 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: The House has passed the following bills, viz:

        A bill to be entitled an act for the better preservation of the State Judicial Library;

        A bill to be entitled an act for the security of the citizens of this State transacting business with foreign corporations;

        A bill to be entitled an act in relation to crimes and misdemeanors;

        A bill to be entitled an act regulating the fees of Port Wardens of the city of Apalachicola and for other purposes;

        A bill to be antitled an act to provide for the election of Tax Assessor and Collector for Sumpter county and for other purposes;

        A bill to be entitled an act to amend an act entitled an act to regulate pilotage of St. Johns bar;

        A bill to be entitled an act requiring certain statements to be made by the several banks of this State to the Governor and Comptroller;

        A Senate bill to be entitled an act to amend an act to require licenses to be taken out by persons and subjects not hitherto taxed, approved January 12th, 1849;

        A Senate bill to be entitled an act to relieve the town council of the town of Milton of the limits of fifty per cent. in taxation within the corporate limits of said town and for other purposes;

        A Senate bill to be entitled an act for the relief of Joseph Alzerotte;

        A Senate bill to be entitled an act for the relief of Dr. James D. Smith;

        A Senate bill to be entitled an act governing the County Commissioners of Nassau county in certan cases as amended; and

        A Senate bill to be entitled an act for the relief of M. D. Papy and others, passed as amended.

Respectfully,

A. J. PEELER,
Clerk House Rep.


        Which was read.

        On motion the Senate bills which had passed the House without amendment were ordered to be enrolled, and the House bills read the first time by their titles and placed among the orders of the day for to-morrow.


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        On motion the amendments of the House to the Senate bills were concurred in, and the bills ordered to be enrolled as amended, and the same ordered to be certified to the House of Representatives.

        The following communication was received from the House of Representatives:

House of Representatives,
February 6, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR--The House has passed the following bills and resolution, viz:

        A bill to be entitled an act to incorporate the Alachua county Railroad Company;

        A bill to be entitled an act to incorporate the Lake City and Blunt Ferry Railroad Company;

        A bill to be entitled an act for the defence of the Port of Apalachicola;

        A Senate bill to be entitled an act to incorporate the Marine and Fire Insurance Company of Pensacola;

        A Senate bill to be entitled an act to improve the navigation of Chipola river and other purposes;

        A Senate bill to be entitled an act for the relief of Edward M. West, Justice of the Peace of Leon county;

        A Senate bill to be entitled an act to incorporate the Pensacola Gas Light Company;

        A Senate bill to be entitled an act to improve the navigation of Weekiver creek and Clay Spring Run creek and to reclaim the swamp and overflowed lands on said streams;

        A Senate bill to be entitled an act for the relief of James McCormick; also

        A resolution relative to the State Library.

Very respectfully,

A. J. PEELER,
Clerk House of Representatives.


        Which was read, the Senate bills ordered to be enrolled, and the House bills read the first time by their titles and placed among the orders of the day.

        Mr. Magbee from the committee on engrossed bills made the following report:

        The committee on engrossed bills report the following bill as correctly engrossed:

        A bill to be entitled an act to provide for the incorporation of Insurance Companies.

JAS. T. MAGBEE,
For committee.



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        Which was received and read and the bill placed among the orders of the day.

        Mr. Magbee, from the committee on Ways and Means, made the following report:

        The committee on Ways and Means to whom was referred a bill to be entitled an act to provide for the public expenditure,

REPORT:

        That the House bill providing for the issue of Treasury notes which your committee has reported with amendments, supplies the wants provided for in this bill, they therefore instruct me to return the bill, and ask leave to be discharged from further consideration thereof.

JAMES T. MAGAEE,
Chairman.


        Which report was received and read and bill placed among the orders of the day.

        Also the following:

        The committee on Ways and Means to whom was referred a bill to be entitled an act to increase the taxes, have had the same under consideration, and have instructed me to

REPORT

        The same back to the Senate without amendment, and to recommend its passage. In this recommendation I must however, with due respect to the committee, enter my dissent.

JAMES T. MAGBEE,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        Also the following:

        The committee on Ways and Means to whom was referred a resolution authorizing the Treasurer to make temporary arrangements to meet the present expenses of the State, have had the same under consideration, and have instructed me to

REPORT

        The resolution back with amendment and recommend that it do pass.

J. T. MAGBEE,
Chairman.



Page 298

        Which was received, read and the bill ordered to be placed first among the orders of the day.

        Mr. Call from the committee on the Judiciary made the following report:

        The Judiciary committee report the bill to be entitled an act transferring causes from the late District Court to the Circuit Court, with amendments, and recommend its passage.

GEO. W. CALL,
Chairman.


        Which was received and read and bill placed among the orders of the day.

        Mr. Baldwin from the committee on Claims and Accounts made the following report:

        The committee on Claims and Accounts to whom was referred a resolution to compensate B. F. Whitner, Jr., for services in running and marking the boundary line between the States of Florida and Georgia, have had the same under consideration, and instruct me to

REPORT

        That the said Whitner was appointed to this service by the Governor in 1859, and in a letter of the date of 5th September of that year, in speaking of the compensation for the service, the Governor says: "It is to be determined by the Legislature, which I feel confident will be equal to that paid by Georgia to the surveyor appointed by the Governor to co-operate with you, or to that paid you by the State to run the boundary line between the States of Florida and Alabama;" and in reply to the other, on the date of the 16th of the same month, Col. Whitner says that the rate allowed on the former survey will be satisfactory to him.

        The service was rendered, and from an account current presented by the said Whitner, the cost of the outfit and expenses of the survey on the part of Florida, was $1,053.77, and from the sale of mules, &c., belonging to the expedition, there was realized $520.95 leaving $553.82 to be provided for as the outfit and expenses of the expedition. To which is to be added the sum of $2,500 for his own services as surveyor, making then an aggregate of $3,033.82 to be provided for by the Legislature. Of this sum there has already been ordered to the said Whitner by the Governor, $1,500, leaving now due to him the sum of $1,533.82.

        The bill should return the amount of $3,033.82, deducting there from the sum of $1,500 which has already been received by him,


Page 299

and your committee offer the accompanying bill as a substitute for the House bill, and recommended its passage.

Respectfully submitted,

A. S. BALDWIN,
Chairman.


        Which was received and read and bill placed among the orders of the day.

        Mr. Magbee from a select committee made the following report:

        The select committee to whom was referred a bill to be entitled an act to repeal in part the laws prohibiting intercourse with the Indians, have had the same under consideration and

REPORT

        That they are not satitfied that the act which said bill seeks to repeal in part should be any way changed or altered; your committee therefore recommend that the bill do not pass.

JAS. T. MAGBEE,
E. C. SIMKINS.


        Which was received and read and bill placed among the orders of the day.

        A committee from the House appeared at the bar and informed the Senate that the House had passed a bill to be entitled an act for the government of the military forces of this State, and asked the concurrence of the Senate in the same;

        Which bill was received and placed among the orders of the day.

ORDERS OF THE DAY.

        House Resolution authorizing the Treasurer to make temporary arrangements to meet the present expenses of the State;

        Was read the third time, and on motion the amendments reported by the committee adopted.

        Mr. Call offered the following amendments:

        After the word "State," 5th line, insert "by and with the approbation of the Governor of this State." Add to the end of bill "provided that not more than after the rate of 8 per cent. per annum be paid for the use of said money." After the word "State" in 7th line insert "or with any other person or corporations." In 10th and 12th lines strike out "he is" and insert "they are;"

        Which were adopted.

        The rules were then waived, the resolution read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers and Simkins--13.


Page 300

        Nay--Mr. Watlington--1.

        So said resolution passed.

        Mr. Call moved to amend the title of the resolution:

        Which was agreed to and the same ordered to be certified to the House of Representatives.

        A bill to be entitled an act to amend an act to provide for the incorporation of Insurance companies;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs, Baldwin, Brokaw, Call, Chain, Dawkins, Davidson, Ingram, Jones, Magbee, McQueen, Simkins and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Mr. Ingram from the committee on Engrossed Bills made the following report:

        The committee on Engrossed Bills beg leave to report the follow-bills as correctly engrossed:

        A bill to be entitled an act to incorporate a company to construct a railroad from St. Andrews to some point on the line of Georgia or Alabama in West Florida;

        A bill to be entitled an act to amend the attachment laws; and

        A bill to be entitled an act providing a mode of instituting suits against counties.

Respectfully submitted,

TILLMAN INGRAM,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        A bill to be entitled an act to provide for the public expenditure;

        Was read the second time and on motion laid on the table.

        A bill to be entitled an act to increase the taxes;

        Which was read the second time.

        Mr. Chain moved to strike out the first section;

        Upon which the yeas and nays were called for by Messrs. McCall and Ingram;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Chain, Dawkins, Davidson, Ingram, Magbee, McQueen and Watlington--9.

        Nays--Messrs. Baldwin, Brokaw, Call, Jones, McCall and Simkins--6.

        So said motion was adopted.


Page 301

        Mr. Dawkins moved to reconsider the vote just taken on striking out.

        Mr. Chain moved to lay the motion to reconsider on the table;

        Which was lost.

        The question then recurred upon the motion to reconsider;

        Upon which the yeas and nays were called by Messrs. Chain and Ingram;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Dawkins, Davidson, Jones, Magbee, McCall, McQueen, Rogers and Simkins--13.

        Nays--Messrs. Chain, Ingram and Watlington--3.

        So said motion was adopted.

        Mr. Davidson moved to amend by striking out "twenty-five" and inserting "twenty" in the first section;

        Upon which the yeas and nays were called for by Messrs. McCall and Davidson;

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Brokaw, Davidson, Ingram, Jones and Magbee--7,

        Nays--Mr. President, Messrs. Call, Chain, Dawkins, McCall, McQueen, Rogers, Simkins and Watlington--9.

        So said motion was lost.

        On motion the bill was then passed over informally.

        The committee appointed on yesterday to return to the House a bill to be entitled an act to establish the Commercial Bank of Lake City, and ask them to recede from their amendments thereto, reported that they had performed that duty and were discharged.

        A bill to be entitled an act transferring causes from the late District Courts to the Circuit Courts;

        Was read the second time, the amendments of the Judiciary committee concurred in, and the bill ordered to be engrossed, as amended, for a third reading on to-morrow.

        House bill to be entitled an act to compensate B. F. Whitner, Jr., for services in running and marking the boundary line between the States of Florida and Georgia;

        Was read the second time, the substitute proposed by the committee on Claims and Accounts adopted, and ordered for a third reading on to-morrow.

        House bill to be entitled an act to repeal in part the laws prohibiting intercourse with the Indians;

        Was read the second time, and on motion, laid upon the table.

        A bill to be entitled an act to incorporate a company to constuct a Railroad from St. Andrew's to some point on the line of Georgia and Alabama in West Florida;

        Was read a third time and put upon its passage;


Page 302

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Call, Chain, Dawkins, In gram, Jones and Watlington--8.

        Nays--Messrs. Brokaw, Magbee, and McQueen--3.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend the attachment laws;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act providing a mode for instituting suits against counties;

        Was passed over informally and ordered to be re-engrossed to come up on its third reading on to-morrow.

        A bill to be entitled an act to declare who are citizens of the State of Florida;

        Was read the second time.

        Mr. Baldwin moved to amend by striking out "five years" in section three, and inserting "three years."

        Upon which the yeas and nays were called for by Messrs. Ingram and Rogers.

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin and Brokaw--3.

        Nays--Mr. President, Messrs. Call, Chain, Dawkins, Ingram, Jones, Magbee, Rogers, Simkins and Watlington--10.

        So the motion was lost.

        The bill was then ordered to be engrossed for a third reading on to-morrow.

        House bill to be entitled an act for the relief of Wm. J. Parker of Suwannee county;

        Was read the second time, the rules waived, read a third time by its title, and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Rogers, Simkins and Watlington--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.


Page 303

        A bill to be entitled an act for the relief of F. L. Dancy, late Surveyor General, and for other purposes;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, Rogers, Simkins and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act providing for the maintainance of the Light houses on the sea board;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Rogers, Simkins, and Watlington--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act prescribing the form of an oath of allegiance;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, Rogers, Simkins and Watlington--12.

        Nays--None.

        So said resolution passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to amend the act to incorporate the town of Marianna, approved Jan. 8, 1853;

        Was read the second time, rules waived, read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to provide for taking of the marks and brands of cattle driven from the counties of Sumter, Hillsboro' and Manatee;


Page 304

        Was read the second time and ordered for a third reading on to-morrow.

        House bill to be entitled an act to provide for the service of civil process in certain cases:

        Was read the second time and ordered for a third reading on to-morrow.

        House bill to be entitled an act concerning the office of Clerk of the Supreme Court of this State;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, McQueen, Simkins and Watlington--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Represenatives.

        Mr. Call moved that the rules be waived aad he be permitted to introduce without previous notice a bill to be entitled an act for the relief of the Pensacola and Georgia Railroad Company, and that the same be read a first, second and third time by its title;

        Which was adopted.

        A bill to be entitled an act for the relief of the Pensacola and Georgia Railroad Company;

        Was read the first, second and third times and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, McQueen, Simkins and Watlington--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to change the name of Elizabeth Lovett;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Brokaw, Call, Chain, Dawkins, Jones, McQueen, Simkins and Watlington--10.

        Nay--Mr. Baldwin--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to amend the road laws in the counties of Leon and Gadsden;

        Was read a third time and put upon its passage;


Page 305

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, McQueen, Simkins and Watlington--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to authorize Henry C. Groovenstine to plead and practice law;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, McQueen, Simkins and Watlington--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act making Capt. Simeon Sparkman a citizen of Columbia county;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, McQueen, Simkins and Watlington--11.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act for the relief of Wm. H. Fannen

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act reorganizing the Military forces of this State;

        Was passed over informally and made the special order for to-morrow.


Page 306

        A bill to be entitled an act to amend the Militia laws now in force in this State;

        Was passed over informally and made the special order for to-morrow.

        House bill to be entitled an act to enable Railroad Companies to obtain the right of way;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, McQueen, Simkins and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to regulate fishing on the coast of Florida;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Call, Chain, Dawkins, Ingram, Jones and Simkins--9.

        Nays--Messrs. Brokaw, McQueen and Watlington--3.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House resolution to provide for the appointment of a Major General in the army of Florida;

        Was passed over informally and made the special order for to-morrow.

        House bill to be entitled an act for the relief of Satrene Remerez and others, inhabitants of Escambia county;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Call, Chain, Dawkins, Jones and Watlington--8.

        Nays--Messrs. Brokaw, Ingram, Magbee, McQueen and Simkins--5.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to establish the office of Indian Agent

        Was read the second time, and on motion of Mr. Call, indefinitely postponed.

        House bill to be entitled an act to for the government of the Miliary forces of the State of Florida;


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        Was passed over informally and made the special order for to-morrow.

        On motion, the Senate adjourned until half-past 10 o'clock to-morrow morning.

FRIDAY, February 8th, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.

        On motion the reading of yesterday's journal was dispensed with.

        Mr. Magbee moved that the Senator from the 18th District be excused from attendance on the Senate on to-morrow;

        Which was agreed to.

        Mr. McCall moved that a committee of three be appointed for the purpose of inquiring into the state of the Republic of Florida;

        Which was agreed to, and Messrs. McCall, Chain, and Brokaw appointed said committee.

        Mr. Abercrombie gave notice that he would on some future day ask leave to introduce the following bill:

        A bill to be entitled an act to clean out and improve the navigation of Escambia River in West Florida.

        The following message was received from the House of Representatives:

House of Representatives.
February, 7, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR: The House has passed the following bills and resolution, viz:

        House bill to be entitled an act respecting the sale of vinous or spirituous liquor to slaves or free persons of color;

        A resolution relative to the adjournment of the Legislature of this State;

        A bill to be entitled an act to provide the mode and manner of giving notice in actions of ejectment;

        A bill to be entitled an act regulating wharfage in the city of Apalachicola;


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        A bill to be entitled an act to incorporate an Insurance Company in the city of Apalachicola, to be called the Florida Home Insurance Company;

        Senate bill to be entitled an act to authorize the county Commissioners of Hillsborough county to borrow money;

        Senate bill to be entitled an act to authorize Joseph H. Rowe, Wm. J. Keyser, and other owners of Wharf property at Milton, in Santa Rosa county, to establish and charge rates of Wharfage; and

        Senate bill to be entitled an act requiring Railroad companies to maintain proper cattle guards and railroad crossings.

        The following Senate bill was lost in the House:

        A bill to be entitled an act fixing the pay of members of the General Assembly.

Very respectfully,

A. J. PEELER,
Clerk House Rep.


        Which was read, the Senate bills and resolution ordered to be enrolled, and the House bills ordered to be placed among the orders of the day for to-morrow.

        Mr. Ingram 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:

        A bill to be entitled an act to repeal the 16th section of an act entitled an act to amend the Militia and Patrol laws of this State, approved December 22, 1859; and

        A bill to be entitled an act to amend an act to encourage and facilitate Internal Improvements, and regulate partnerships for that purpose;

Respectfully submitted,

TILLMAN INGRAM,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        Mr. Brokaw introduced the following resolution:

        Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That all defaults and other offences committed under the militia act, approved December 22d, 1859, and which are not yet prosecuted under said act, may be inquired into and punished by a proper court martial organized for that purpose.

        Be it further resolved, That all fines collected or which shall be collected hereafter for any offences committed against the militia laws of this State by any member or members of any volunteer company, shall be received by and enure to the benefit of the volunteer company collecting said fines.


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        Which was read the first time, the rules waived, read the second time by its title, and ordered to be engrossed for a third reading on to-morrow.

        Mr. Call introduced a resolution for the relief of A. B. Noyes and others;

        Which was read the first time, the rules waived, read the second and third times by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Simkins and Watlington--15.

        Nays--none.

        So said resolution passed--title as stated.

        On motion a committee consisting of Messrs. Call, McCall and Abercrombie, was appointed to certify the same to the House of Representatives.

        Mr. Call introduced a resolution for the benefit of the College of St. Augustine;

        Which was read the first time, rules waived, read the second and third times by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McCall, McQueen, Rogers, Simkins and Watlington--15.

        Nays--none.

        So said resolution passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        The committee appointed to certify the passage of a resolution for the relief of A. B. Noyes and others, returned and reported that they had performed their duty and were discharged.

        The rules being waived, Mr. McCall introduced without previous notice the following bill:

        A bill to be entitled an act to create an efficient Military force for the State of Florida;

        Which was read the first and second times by its title and ordered to be placed among the orders of the day to be taken up in committee of the Whole.

        Mr. Brokaw from the committee on the State of the Commonwealth, made the following report:

        The committee on the State of the Commonwealth to whom was referred a bill to be entitled an act to aid Hillsborough county in building or assisting to build a Railroad, have had the same under consideration, and instruct me to report said bill back to the Senate with amendments and to ask that the same do pass.

P. B. BROKAW,
Chairman.



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        Which was received and read and bill placed among the orders of the day.

ORDERS OF THE DAY.

        The rules being waived, Mr. Magbec moved that a bill to be entitled an act to repeal in part the laws prohibiting intercourse with the Indians, be taken up;

        Which was agreed to.

        The bill was then read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McCall, McQueen, Rogers and Simkins--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        Mr. Simkins from the committee on Enrolled bills made the following report:

        The committee on Enrolled bills beg leave to report the following bills as correctly enrolled:

        A bill to be entitled an act to incorporate the Florida Mutual Fire and Marine Insurance Company;

        A bill to be entitled an act to change the mode of selecting Grand and Pettit Jurors in this State;

        A bill to be entitled an act to incorporate the Pensacola Gas Light Company;

        A bill to be entitled an act concerning Pilotage for the Port of Cedar Keys;

        A bill to be entitled an act to amend the charter of the City of Fernandina;

        A bill to be entitled an act to incorporate the College of St. Augustine to be located at St. Augustine;

        A bill to be entitled an act to incorporate the Hydrant Water Company of Pensacola;

        A bill to be entitled an act to providing for a State uniform and flag;

        A bill to be entitled an act concerning roads and highways in St. Johns county, in this State;

        A bill to be entitled an act to amend an act entitled an act to amend an act to authorize the appointment of Measurers and Inspectors and for other purposes;

        A bill to be entitled an act for the relief of Joseph Alzerotte;


Page 311

        A bill to be entitled an act for the benefit of Ellis W. Hawkins of Santa Rosa county;

        A bill to be entitled an act for the relief of Dr. James D. Smith; and

        Resolution for the relief of George B. Ellis, of Alachna county.

Respectfully submitted,

E. C. SIMKINS,
Chairman Com. on Enrolled Bills.


        Which was received and read.

        Mr. Ingram 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:

        A bill to be entitled an act to incorporate the Jacksonville, St. Augustine and Indian River Railroad Company;

        A bill to be entitled an act providing a mode of instituting suits against counties;

        A bill to be entitled an act to incorporate the Florida and Georgia Railroad Company;

        A bill to be entitled an act providing for the publication of certain laws;

        A bill to be entitled an act giving the State a right of appeal and pre-emptory challenges in criminal cases.

Very respectfully,

TILLMAN INGRAM,
Chm'n Com. on Engrossed bills.


        Which report was received and read and bills placed among the orders of the day.

        A committee from the House appeared at the bar of the Senate, and requested the return to the House of a resolution fixing the pay of the members of the General Assembly.

        A committee was appointed consisting of Messrs. Ingram, Baldwin and Brokaw, to return said resolution to the House, who retired, and after a short absence returned and reported that they had performed that duty, and were discharged.

        A committee from the House appeared at the bar and informed the Senate that the House had passed a bill to be entitled an act to authorize the raising of two regiments of Infantry and one of Cavalry or Mounted Riflemen, and asked the concurrence of the Senate in the same;

        Which bill was received and read the first time by its title, and ordered to be placed among the orders to be taken up in the Committee of the Whole.

        On motion of Mr. Call the Senate resolved itself into Committee of the Whole, for the consideration of the following bills and resolution--Mr. Chain in the Chair:


Page 312

        A bill to be entitled an act to amend the militia laws now in force in this State;

        A bill to be entitled an act for the government of the military forces of the State of Florida;

        A bill to be entitled an act reorganizing the military forces of this State.

        Resolution to provide for the appointment of a Major-General in the army of Florida;

        A bill to be entitled an act to create an efficient military force for the State of Florida; and

        A bill to be entitled an act to authorize the raising of two regiments of Infantry and one of Cavalry or Mounted Riflemen;

        After some time spent therein, the committee rose and through their Chairman reported progress and asked leave to sit again.

        On motion the Senate took a recess until half-past three o'clock, P.M.

HALF-PAST THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        The orders of the day were resumed.

        On motion of Mr. Rogers a committee of three, consisting of Messrs. Rogers, Watlington and Simkins, were appointed to wait upon the House and request that all bills or resolutions relating to military affairs, now pending before that body, be transmitted to the Senate.

        The committee retired, and after a short absence returned and reported that they had performed that duty, and were discharged.

        A committee from the House appeared at the bar and informed the Senate that they had been appointed to transmit to the Senate a resolution which had passed the House, authorizing the payment of United States Treasury Warrant No. 5253;

        Which resolution was received and placed among the orders of the day.

        The Senate went into Committee of the Whole, having under consideration the militia bills, under consideration in Committee of the Whole this morning--Mr. Brokaw in the Chair.

        After some time spent in consideration thereof, the committee rose, and through their Chairman reported a bill to be entitled an act reorganizing the militia forces of this State, with amendments, as a substitute for all the other bills under consideration, and recommended its passage;


Page 313

        Which report was received, the bill as a substitute adopted, and ordered to be engrossed for a third reading on to-morrow.

        The rules being waived, Mr. Brokaw moved that the House resolution authorizing the payment of United States Treasury Warrant No. 5253 be taken up;

        Which was agreed to.

        House resolution authorizing the payment of United States Treasury Warrant No. 5253;

        Was read the first time, rules waived, read the second and third times by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, McQueen, Rogers, Simkins and Watlington--12.

        Nays--None.

        So said resolution passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to amend an act to encourage and facilitate Internal Improvements and regulate partnerships for that purpose;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Ingram, Jones, McQueen, Simkins and Watlington--10.

        Nay--Mr. Dawkins--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act providing for the publication of certain laws;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Ingram, Jones, McQueen, Rogers, Simkins and Watlington--11.

        Nay--Mr. Dawkins--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act giving the State a right of Appeal and peremptory challenges in criminal cases;

        Was taken up and passed over informally and ordered to be reengrossed for a third reading on to-morrow.

        A bill to be entitled an act to incorporate the Jacksonville, St. Augustine and Indian River Railroad Company:


Page 314

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, McCall, McQueen, Rogers, Simkins and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act providing a mode of instituting suits against counties;

        Was read a third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, McCall, Rogers, Simkins and Watlington--13.

        Nay--Mr. McQueen--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to repeal the 16th section of an act entitled an act to amend the Militia and Patrol laws of this State approved December 22, 1859;

        Was read the second time, and on motion laid upon the table.

        A bill to be entitled an act to aid Hillsborough county in building or assisting to build a Railroad;

        Was read the second time, the substitute proposed by the committee adopted, and the same ordered to be engrossed for a third reading on to-morrow.

        A bill to be entitled an act requiring certain statements to be made by the several Banks of this State to the Governor and Comptroller;

        Was read the second time and refereed to a select committee of three, consisting of Messrs. Call, Dawkins and Baldwin.

        House bill to be entitled an act to amend an act entitled an act to regulate Pilotage of St. Johns Bar;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill to be entitled an act to provide for the election of Tax Assessor and Collector for Sumter county, and for other purposes;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill to be entitled an act for the better preservation of the State Judicial Library;

        Was read the second time and referred to the committee on Juciary.


Page 315

        House bill to be entitled an act to provide for the security of the citizens of this State transacting business with foreign corporations;

        Was read the second time and referred to the Judiciary committee.

        House bill to be entitled an act in relation to crimes and misdemeanors;

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act to incorporate the Florida and Georgia Railroad Company;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McCall, McQueen, Rogers and Watlington--13.

        Nay--Mr. President.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to incorporate the Alachua County Railroad Company;

        Was read the second time and ordered for a third reading on to-morrow.

        House bill to be entitled an act regulating the fees of Port Wardens of the city of Apalachicola and for other purposes;

        Was read the second time and ordered for a third reading on to-morrow.

        House resolution relative to the State Librarian;

        Was read the second time.

        Mr. Call moved to amend by adding the words "to the next General Assembly" to the end of the resolution;

        Which was agreed to.

        The resolution was then ordered for a third reading on to-morrow.

        Mr. Ingram 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:

        A bill to be entitled an act transferring causes from the late District Courts;

        A bill to be entitled an act to declare who are citizens of the State of Florida; and

        A bill to be entitled an act to reduce the cost of criminal prosecutions.

Respectfully submitted,

T. INGRAM,
Chairman.



Page 316

        Which was received and read and the bills placed first among the orders of the day.

        A bill to be entitled an act to reduce the cost of criminal prosecutions;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Ingram, Jones, Magbee, McQueen, Rogers Simkins and Watlington--13.

        Nay--Mr. Dawkins--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act transferring causes from the late District Courts to the Circuit Courts;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins Ingram, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--14.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to declare who are citizens of the State of Florida;

        Was read the third time;

        Mr. Baldwin moved to amend by striking out "five years" in the third section;

        Upon of which the yeas and nays were called for by Messrs. McCall and Rogers;

        The vote was:

        Yeas--Messrs. Baldwin. Jones and McCall--3.

        Nays--Mr. President, Messrs. Abercrombie, Brokaw, Call, Chain, Dawkins, Magbee, McQueen, Rogers, Simkins and Watlington--11.

        So said motion was lost.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Call, Chain, Dawkins, Magbee, McQueen, Rogers, Simkins and Watlington--10.

        Nays--Messrs. Baldwin, Brokaw, Jones and McCall--4.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act for the defence of the port of Apalachicola;


Page 317

        Was read the second time and referred to the committee on the Judiciary.

        House bill to be entitled an act to incorporate the Lake City and Blount Ferry Railroad Company;

        Was read the second time and ordered for a third reading on to-morrow.

        A bill to be entitled an act to allow Sheriff's costs for advertising their sales in the public gazettes of this State;

        Was read a third time;

        Mr. Rogers moved to strike out "or that is printed nearest thereto in the Judicial Circuit where said levy is made;

        Upon which the yeas and nays were called for by Messrs. McCall and Magbee;

        The vote was:

        Yeas--Mr. President, Messrs. Brokaw, Call, Dawkins, Jones, McQueen and Rogers--7.

        Nays--Messrs. Abercrombie, Baldwin, Chain, Magbee, McCall, Simkins and Watlington--7.

        So the amendment was lost.

        The bill was then put upon its passage;

        The vote was:

        Yeas--Messrs. Abercrombie, Baldwin, Call, Chain, Magbee, Simkins and Watlington--7.

        Nays--Mr. President, Messrs. Brokaw, Dawkins, Jones, McCall, McQueen and Rogers 7.

        So the bill was lost.

        Mr. McCall moved to reconsider the vote just taken;

        Upon which the yeas and nays were called for by Messrs. Magbee and McCall;

        The vote was:

        Yeas--Messrs. Abercrombie, Chain, Magbee, McCall, Simkins and Watlington--6.

        Nays--Mr. President, Messrs. Baldwin, Brokaw, Call, Dawkins, Jones, McQueen and Rogers--8.

        So the motion to reconsider was lost.

        House bill to be entitled an act to provide a permanent circulating medium for the citizens of Florida:

        Was read the second time and made the special order of the day for to-morrow.

        House bill to be entitled an act to provide for the service of civil process in certain cases;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Brokaw, Call, Chain, Dawkins, Magbee, McQueen, Rogers, Simkins, and Watlington--11.

        Nays--Messrs. Jones, and McCall--2.


Page 318

        So the bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to increase the Taxes;

        Was read the second time and made the special order of the day for to-morrow.

        House bill to be entitled an act to provide for taking of the marks and brands of cattle driven or shipped from the counties of Sumter, Hillsborough and Manatee;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act to compensate B. F. Whitner, Jr., for services in running and marking the boundary line between the States of Florida and Georgia;

        Was read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Rogers, Simkins and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act providing for the issue of Treasury Notes;

        Was read the second time and made the special order of the day for to-morrow.

        A bill to be entitled an act to create an efficient military force for the State of Florida;

        Was read the second time and referred to the committee on the Militia and 80 copies ordered to be printed.

        The rules being waived, Mr. Call introduced without previous notice,

        A bill to be entitled an act encouraging the cultivation of tropical Fruits;

        Which was read the first time, the rules waived, and read the second time by its title.

        Mr. Dawkins moved to refer the bill to the committee on Internal Improvements;


Page 319

        Upon which the yeas and nays were called by Messrs. McCall and Dawkins;

        The vote was:

        Yeas--Messrs. Brokaw, Chain, Dawkins, Jones, McCall, McQueen and Watlington--7.

        Nays--Mr. President, Messrs. Abercrombie, Baldwin, Call, Magbee, Rogers and Simkins--7.

        So said motion was lost.

        The bill was then referred to a Select committee consisting of Messrs. Magbee, Simkins and Watlington.

        House bill entitled an act for the government of the militia forces of the State of Florida;

        Was read the second time by its title, and on motion laid on the table.

        House bill to be entitled an act to authorize the raising of two Regiments of Infantry and one of Cavalry or Mounted Riflemen;

        Was read the second time by its title and on motion laid on the table.

        House resolution to prsvide for the appointment of a Major General in the army of Florida;

        Was read the second time by its title and on motion laid on the table.

        A bill to be entitled an act to amend ths Militia laws now in force in this State;

        Was read the second time by its title and on motion laid on the table.

        On motion the Senate adjourned until half-past 10 o'clock to-morrow morning.

SATURDAY, February 9th, 1861.

        The Senate met pursuant to adjournment.

        A quorum present.

        The Rev. Dr. DuBose officiated as Chaplain.

        On motion the reading of yesterday's journal was dispensed with, amended and approved.


Page 320

        On motion the rules were waived, and Mr. Dawkins introduced without previous notice a bill to be entitled an act in regard to Telgraph Companies;

        Was read the first time, rules waived, read the second time by its title and referred to the committee on Internal Improvements.

        The following message was received from His Excellency the Governor:

Executive Department,
Tallahassee, February 9, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR: I have approved and signed the following bills and resolution:

        An act to provide a remedy to enforce the lien of ship-wrights, &c.;

        An act to establish the fees of Notaries Public in certain cases;

        An act to incorporate the La Villa Institute;

        Resolution for the relief of Geo. B. Ellis;

        An act for the relief of E. W. Hankins;

        An act providing for a State uniform and flag;

        An act to amend an act concerning roads and highways in St. Johns county;

        An act for the relief of J. Atzerotte;

        An act to change the mode of selecting Grand and Pettit Jurors;

        An act for the relief of James D. Smith;

        An act to incorporate the Florida Mutual Fire and Marine Insurance Company;

        An act to change the time for holding the Circuit Courts for the Western Judicial Circuit;

        An act to incorporate the College of St. Augustine;

        An act to amend the pilot laws for the port of Fernandina;

        An act relating to foreign guardians;

        An act concerning pilotage for the port of Cedar Keys;

        An act to amend an act entitled an act to amend an act to authorize the appointment of Measurers and Inspectors of lumber;

        An act to change the name of the county site of Holmes county;

        An act to amend the charter of the city of Fernandina;

        An act combining the offices of Sheriff and Tax Assessor of Jefferson county;

        An act to incorporate the Pensacola Gas Light Company;

        An act to amend the road law and to repeal a certain act relating to Santa Rosa county;

        An act to incorporate the Hydrant Water company of Pensacola; and


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        An act to authorize the county Commissioners of Washington county to establish a ferry across Holmes Creek;

Respectfully,

M. S. PERRY.


        Which was read.

        The following communication was received from the House of Representatives:

House of Representatives,
February 8, 1861.

HON. T. J. EPPES,
President of the Senate:

        SIR--The House has passed the following bills and resolutions, viz:

        House bill to be entitled an act to amend the act of 1851 providing for the establishment of two Seminaries of Learning;

        House bill to be entitled an act to amend the attachment laws now in force in this State;

        House bill to be entitled an act to provide for the payment of contractors surveying public lands in this State;

        House bill to be entitled an act to prohibit negroes or others than white men from being employed as samplers of cotton;

        House bill to be entitled an act for the relief of Clinton Thigpen;

        House bill to be entitled an act to amend the laws of this State with regard to malicious mischief;

        House bill to be entitled an act to clean out and improve the navigation of Yellow river in West Florida;

        Senate bill to be entitled an act to prevent breaches of trust by Telegraphic Operators;

        Senate bill to be entitled an act supplemental to an act to establish the Planters' and Merchants' Bank of Pensacola;

        Senate bill to be entitled an act to amend an act to provide for writs of error in criminal cases.

        Senate bill to be entitled an act for the relief of Donald Cameron, Justice of the Peace for Leon County;

        Senate resolution for the relief of A. B. Noyes and others;

        House resolution authorizing the Treasurer to make temporary arangements to meet the expenses of the present General Assembly;

        A bill to be entitled an act to amend the amended Constitution of the State of Florida in relation to the session of the General Assembly; and

        A bill to be entitled an act to amend the 7th section of the 13th, article of the Constitution.

Very respectfully,

A. J. PEELER,
Clerk House of Representatives.



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        Which was read, the Senate bills and resolution ordered to be enrolled and the House bills read the first time by their titles and placed among the orders of the day for a second reading on Monday next.

        Mr. Call offered the following resolution:

        Resolved, as the sense of the Senate that its President and Secretary should sign no enrolled bills after the hour of adjournment sine die, and that all bills not enrolled, signed and submitted to the Governor before adjournment are void.

        Mr. Dawkins moved to lay the resolution on the table;

        Upon which the yeas and nays were called by Messrs. Dawkins and Abercrombie;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Chain and Dawkins--6.

        Nays--Messrs. Call, Ingram, Jones, Magbee, McQueen, Simkins and Watlington--7.

        So the motion was lost.

        The question then recurred upon the adoption of Mr. Call's resolution;

        Which was adopted.

        Mr. Call offered the following resolution:

        Be it enacted by the Senate and House of Representatives in General Assembly convened, That the present General Assembly do not adjourn sine die until all the bills are enrolled and signed by the President of the Senate, the Speaker of the House and the Governor and deposited in the Secretary's office, which have or shall be passed by the present session.

        Which was read the first time.

        Mr. Ingram moved to lay the resolution on the table.

        Mr. Call rose to a point of order, that the motion to lay on the table was out of order on its first reading.

        The Chair decided that it was in order to lay on the table on the first reading.

        Mr. Call appealed from the decision of the Chair;

        Upon which the yeas and nays were called by Messrs. Eppes and Ingram;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin Brokaw, Ingram, Jones, McQueen and Simkins--8.

        Nays--Messrs. Call, Magbee and Watlington--3.

        So the decision of the chair was sustained (Mr. Dawkins in the Chair).

        The question then recurred upon laying the resolution on the table:


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        Upon which the yeas and nays were called by Messrs. Ingram and Eppes;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Chain, Dawkins, Ingram, Jones, McQueen and Simkins--10.

        Nays--Messrs. Call and Magbee--2.

        So the resolution was laid on the table.

        The rules being waived, Mr. Baldwin introduced without previous notice the following bill:

        A bill to be entitled an act to authorize the appointment of stevedores;

        Which was placed among the orders of the day.

        Mr. McQueen from the joint committee on the Militia made the following report:

        The joint committee on the Militia to whom was referred a bill to be entitled an act for the defence of the Port of Apalachicola, have had the same under consideration, and have instructed me to report the bill back to the Senate, and recommend its passage.

Respectfully submitted,

JAS. W. McQUEEN,
Chairman Senate Com.

JOS. JNO. WILLIAMS,
Chairman of House Committee.


        Which report was received and read and bill placed among the orders of the day.

        Mr. Ingram 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:

        A bill to be entitled an act giving the State a right of appeal and peremptory challenges in criminal cases;

        A bill to be entitled an act to aid Hillsborough county in building or assisting to build a Railroad; and

        A bill to be entitled an act reorganizing the Military forces of this State.

Respectfully submitted,

T. INGRAM,
Chairman.


        Which was received and read, and the bills placed among the orders of the day.

ORDERS OF THE DAY.

        Mr. Eppes moved that the rules be waived for the purpose of taking up certain bills before the special orders of the day;

        Which was agreed to.


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        House bill to be entitled an act for the defence of the Port of Apalachicola;

        Was read the second time, the rules waived, read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act regulating wharfage in the city of Apalachicola;

        Was read the second time.

        Mr. Eppes moved to strike out the first section;

        Which was agreed to.

        Mr. Eppes moved a substitute for the first section;

        Which was adopted.

        The bill was then read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill to be entitled an act regulating the fees of Port Wardens of the city of Apalachicola;

        Was read the second time;

        Mr. Eppes moved to strike out the word "licensed" in the fifth line of the first section, and insert "increased," and after the words "per cent." in same line, strike out the remainder of said section;

        Which was adopted.

        The bill was then read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Simkins and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.


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        A bill to be entitled an act to aid Hillsborough county in building or assisting to build a Railroad;

        Was read the third and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Ingram, Jones, Magbee, McQueen, Simkins and Watlington--13.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        House bill entitled an act to provide a permanent circulating medium for the citizens of the State of Florida;

        Was read a second time, and a bill to be entitled an act to provide for the issue of Treasury notes, reported by Committee on Ways and Means, adopted as a substitute to the bill.

        The Senate then resolved itself into Committee of the Whole, having under aonsideration the substitute--Mr. Brokaw in the Chair.

        After some time spent in the consideration thereof, the committee rose, and through their Chairman reported the substitute back to Senate, with amendments, and recommended its passage;

        Which report was received, and amendments concurred in.

        A committee from the House appeared at the bar and informed the Senate that they had been appointed to convey to the Senate a resolution relative to the employment of Edward Powell in the military service of the State, which had passed the House, and to ask the concurrence of the Senate in the same;

        Which resolution was received and placed among the orders of the day.

        The rules being waived, Mr. Magbee introduced without previous notice, the following bill:

        A bill to be entitled an act to establish a salary and abolish fees of the office of the Secretary of State;

        Which was placed among the orders of the day.

        On motion, the Senate took a recess untill half-past 3 o'clock this evening.

HALF-PAST THREE O'CLOCK, P. M.

        The Senate resumed its session.

        A quorum present.

        The orders of the day were resumed.

        A bill to be entitled an act providing for the issue of Treasury notes;


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        Was taken up;

        Mr. Chain offered the following amendments: In the sixth line of the first section, strike out "Treasurer" and insert in lieu thereof "Comptroller;"

        Upon which the yeas and nays were called for by Messrs. Chain and Abercrombie;

        The vote was:

        Yeas--Messrs. Abercrombie, Brokaw and Chain--3.

        Nays--Mr. President, Messrs. Call, Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--8.

        So said motion was lost.

        Mr. Chain offered the following amendments: In the second line of the third section, strike out between the words "and" and "shall" and insert "Comptroller," and after the word "Treasurer" in the third line, insert "and when and before Treasurer pays out any of said notes, he shall sign his name officially across the face of said note;'

        Upon which the yeas and nays were called for by Messrs. Chain and Magbee;

        The vote was:

        Yeas--Messrs. Abercrombie, Brokaw, Call and Chain--4.

        Nays--Mr. President, Messrs. Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--7.

        So the motion was lost.

        Mr. Chain offered the following amendment:

        In the 5th line of section 5 between the words "persons" and "violating" insert "other than Railroad Companies of this State," and in the 11th line after the word "corporation" strike out the words "prior to the passage of this act."

        Upon which the yeas and nays were called by Messrs. Chain and Magbee:

        The vote was:

        Yeas--Messrs. Abercrombie and Chain--2.

        Nays--Mr. President, Messrs. Brokaw, Call, Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--9.

        So said motion was lost.

        Mr. Chain moved to strike out the whole of section 6;

        Upon which the yeas and nays were called for by Messrs. Chain and Magbee;

        The vote was:

        Yeas--Messrs. Abercrombie, Brokaw, Chain and McQueen--4.

        Nays--Mr. President, Messrs. Call, Dawkins, Jones, Magbee, Simkins and Watlington--7.

        So the motion was lost.

        Mr. Chain moved to strike out in the 1st, 2d and 3d lines of section 11, all after the word "that" up to the word "it" in the 3d line.


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        Upon which the yeas and nays were called for by Messrs. Chain and Abercrombie;

        The vote was:

        Yeas--Mr. Chain--1.

        Nays--Mr. President, Messrs. Abercrombie, Brokaw, Call, Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--10.

        So the motion was lost.

        Mr. Baldwin moved that in section seventh in eleventh line strike out all after the words "State of Flordia;"

        Upon which the yeas and nays were called for by Messrs. Baldwin and Rogers;

        The vote was:

        Yeas--Messrs. Abercrombie, Chain and Dawkins--3.

        Nays--Mr. President, Messrs. Brokaw, Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--9.

        So said motion was lost.

        The bill was then ordered to be engrossed for a third reading on Monday next.

        The rules being waived, Mr. Call from the committee on Judiciary made the following report:

        The Judiciary committee to whom was referred an act to be entitled an act for the better preservation of the State Judicial Library, and a bill to be entitled an act to provide for the security of the citizens of this State transacting business with foreign corporations, report the same back without recommendation.

G. W. CALL,
Chairman.


        Which report was received and read and bills placed among the orders of the day.

        Mr. Simkins offered the following resolution:

        Resolved, That the committee on Enrolled bills be authorized to employ one or more Assistant Enrolling Clerks for the remainder of the session as they may deem necessary for the despatch of business;

        Which was adopted.

        On motion of Mr. Call, House bill to be entitled an act to incorporate an Insurance Company in the city of Apalachicola to be called the Florida Home Insurance company, was taken up;

        Mr. Eppes moved to amend by striking out the words "two hundred and fifty thousand" in the sixth line of the first section and insert "two millions."

        Strike out the word "ten" in the twenty-first line of the second section and insert "one."

        Strike out the word "thirty" in the fourth line of secton nine and insert "twenty."

        Which was adopted.


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        The bill was then read the third time by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        The rules being waived, Mr. Magbee introduced without previous notice the following resolution;

        Resolution in relation to land warrants;

        Which was read the first time, the rules waived, read the second and third times by its title and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain Dawkins, Jone , Magbee, McQueen, Simkins and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        The following message was received from the House of Representatives:

House of Represetatives,
February 8th 1861.

HON. T. J. EPPES,
President of the Senate:

        Sir: The following bills have been lost in the House, viz:

        Senate bill to be entitled an act in relation to the admission of Attorneys;

        Senate bill to be entitled an act to empower the Judges of the Circuit Courts of this State to authorize minors to assume the management of their own estates, to contract and be contracted with, and to plead and be impleaded;

        Senate bill to be entitled an act to secure certain rights to married women; and

        Senate bill to be entitled an act for the enforcement of the laws of this State.

Respectfully,

A. J. PEELER,
Clerk House Rep.


        Which was read


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        A bill to be entitled an act to increase the taxes;

        Was read the second time and ordered to be engrossed for a third reading on Monday next.

        A bill to be entitled an act reorganizing the military forces of this State;

        Was read the third time;

        Mr. Chain offered the following amendment:

        SEC. Be it further enacted, That nothing in this act shall be so construed as to prevent or inhibit the Governor from ordering out any number of troops, for the protection and defence of the Forts, or other point or points in the State, against an actual or threatened invasion of any foreign power, or for the purpose of protecting the interest of the State, and the peace and security of the people of the State, against insurrection or the like, which he in his judgment may deem necessary and proper under the circumstances of the case; nor shall there be anything so construed in this act as to prevent or inhibit the Governor from conferring the appointment of a Major-General on any person, be him a citizen of Florida or of any other State, or of one who was an officer in the army of the late United States, but who has resigned his office therein and tendered his services to the Governor of this State, so that the best military skill and talent may be obtained fer the office of such Major-General.

        Pending the adoption of which the bill was passed over informally, and two hundred copies ordered to be printed for the use of the Senate.

        On motion of Mr. Call a bill to be entitled an act to repeal the sixteenth section of an act entitled an act to amend the militia and patrol laws of this State, approved December 22, 1859;

        Was taken from the table;

        Mr. Dawkins moved to amend the bill by inserting before the word "sixteenth" the words "ninth and;"

        Which was adopted;

        The bill was then read the third time and put upon its passage;

        The vote was:

        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Brokaw, Call, Chain, Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--12.

        Nays--none.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act giving the State a right of appeal and peremptory challenges in criminal cases;

        Was read the third time and put upon its passage;

        The vote was:


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        Yeas--Mr. President, Messrs. Abercrombie, Baldwin, Call, Chain, Dawkins, Jones, Magbee, McQueen, Simkins and Watlington--10.

        Nay--Mr. Brokaw--1.

        So said bill passed--title as stated.

        Ordered that the same be certified to the House of Representatives.

        A bill to be entitled an act to incorporate the Lake City and Blount Ferry Railroad;

        Was read the third time.

        Mr. Call moved to amend by striking out the words "to issue certificates or other evidence of such loan" in the 18th and 17th lines of the 8th section;

        Which was adopted.

        On motion of Mr. Baldwin, the bill was placed back on its second reading and referred to the committee on Corporations.

        House bill to be entitled an act to provide for the election of Tax Assessor and Collector for Sumter county, and for other purposes;

        Was read the third time and put upon its passage;