Came up on a second reading, and on motion of Mr. Carter, was indefinitely postponed. The House bill to be entitled, An Act to authorize the county of Santa Rosa to raise by taxation a sum sufficient to build a Court House, &c., Was read a second time and ordered for a third reading. The bill to be entitled, An Act to apportion the representation of this State, came up on a second reading. The Senate resolved itself into a Committee of the Whole on said bill, Mr. Mitchell in the chair, and after some time spent therein, rose and reported the bill by their chairman with amendments. Which were concurred in by the House. On motion of Mr. Carter, the rule was waived, and the House bill to be entitled, An Act to apportion the representation of this State, (which was read a first time this morning,) Was taken up and read a second time. The Senate then resolved itself into a committee of the Whole on said bill, and the Senate bill of the same title, Mr. Bell in the chair, and after some time spent therein, rose and reported the Senate bill as a substitute for the House bill. Which Report was concurred in. On motion of Mr. Kain, the rule was waived, and the bill so substituted read a third time and put on its passage. On which the yeas and nays were: Yeas-Mr. President, Messrs. Broward, Carter, Forward, Goodbread, Kain, Porter, Priest, and Wall--9. Nays-Messrs. Bellamy, Bell, Haughton, Lorimer, Mitchell and White-6. So the bill passed. Title as stated. The Preamble and Resolution, asking Congress to grant to the State of Florida St. Frances Barracks for a Seminary of Learning, Was read a second time. On motion of Mr. Forward the rule was waived, and the resolution read a third time. On the adoption of the resolution, the yeas and nays were called for by Messrs. Forward and Mays, and were: Yeas-Mr. President, Messrs. Broward, Forward, Kain, Lorimer, Porter, Priest and Wall—8. Nays-Messrs. Bellamy, Carter, Goodbread, Haughton, Mays, Mitchell and White-7. So the preamble and resolutions were adopted. The Committee to whom was referred the communication of his Excellency, the Governor, dated 18th December, 1845, in relation to the collection and publication of the British Statutes of force in this State, have had the same under consideration and ask leave to REPORT: That the first section of an act entitled An Act providing for the adoption of the common and statute laws of England and for repealing certain laws and ordinances, approved 6th Nov., 1829, enacts that the common and statute laws of England, which are "of a general and not of a local nature, with the exception herein"after mentioned, down to the 4th day of July, 1766, be and the "same are hereby declared to be of force in this Territory; provi"ded the said statutes and common law be not inconsistent with "the Constitution and laws of the United States and the acts of the "Legislative Council of this Territory; and provided also, that "none of the British statutes respecting crimes and misdemeanors, "shall be of force in this Territory, except statutes declaratory of “and in aid of the common law; nor shall any person be pun"ished by said common law, when there is an existing provis"ion by the statutes of this Territory on the subject; but when "there exists no such provision by statute of the Territory, then "the several courts of this Territory shall proceed to punish such "offence by fine and imprisonment: provided, that in no case the "fine shall exceed five hundred dollars, or the imprisonment twelve "months" It will thus be seen that the statutes of Great Britain, under the restrictions and limitations specified in the foregoing act, are as much the law of this State as those passed by the General Assembly. And yet, perhaps, there is not to be found within the limits of the State a single copy of the aforesaid statutes; thus presenting the singular anomaly of a whole people submitting to be governed by a system of laws affecting their daily transactions with each other, which is "only to be found scattered through the books of reports and elementary treatises on the English jurisprudence." The committee, therefore, agree with his Excellency, the Governor, that since the General Assembly has resolved upon a thorough revision of the statutes of the State that, in order to complete this worthy design, it would be extremely desirable to make provision, at the same time, for the collection and publication, in a convenient volume, of all the statutes of Great Britain of force in this State; and to this end, they ask leave to report the following bill to be entitled An Act in relation to the Statutes of Great Britain of force in this State. Which was received, and said bill read a first time and ordered for a second reading. The Preamble and resolutions relative to a change in the mail route from Tallahassee to Jacksonville, &c., Were read a second time and on motion of Mr.Goodbread the rule was waived and the Preamble and Resolutions read a third time and adopted. The preamble and resolutions asking of Congress the erection of a Light House at Cedar Keys, Was read a second time, the rule waived, read a third time and adopted. The House resolution authorizing the Governor to exchange books, maps, reports, &c. Was read a second time and, on motion, the rule was waived and the resolutions read a third time and adopted. House resolutions relative to the appointment of a commissioner to act with commissioners of Alabama and Georgia to run a boundary line between Florida, Alabama and Georgia. Was read a second time and, on motion of Mr. Porter, the rule was waived and the resolutions read a third time and adopted without amendment. The House bill to be entitled An Act to change the name of the Escambia Manufacturing Company, and to reduce the value of the shares thereof, Was read a third time. On the passage of the bill the yeas and nays were: Yeas-Mr. President, Messrs. Broward, Carter, Haughton, Kain, Lorimer, Mays, Mitchell, Porter, Priest and White--11. Nays-Messrs. Forward and Goodbread-2. So the bill passed. Title as stated. Mr. Carter moved to adjourn until Monday, 10 o'clock, A. M. On which motion the yeas and nays were called for Messrs. Forward and Mays, and were: Yeas-Mr. President, Messrs. Carter, Goodbread, Haughton, Lorimer, Mays, Mitchell and White-8. Nays-Messrs. Broward, Forward, Kain, Porter and Priest-5. So the Senate adjourned until Monday, 10 o'clock, A. M. MONDAY, December 22, 1845. The Senate met pursuant to adjournment, and a quorum being present, the proceedings of Saturday were read and approved. On motion of Mr. Haughton, the vote of Saturday last, rejecting the House bill to be entitled, An Act concerning Roads and Highways, was reconsidered, and the bill placed among the Orders of the Day. Messrs. Carter and Goodbread made the following Protest, which was ordered to be spread on the Journals: The undersigned voted in the "negative," on the passage of the Preamble and Resolutions, requesting Congress to grant to this State the "St. Frances Barracks at St. Augustine," for the "location" of a Seminary of Learning," for the following reasons, viz: By an act supplemental to an act for the admission of Florida into the Union, approved March 3d, 1845, Congress appropriated to the State two Townships of Land, in addition to the two already reserved, for the use of "two Seminaries of Learning," one to be located East, and the other West, of the Suwannee river. By the provisions of this act, the people of the East possess a common interest in this grant-in its application-the prosperity and usefulness of the Seminary; and it follows that they are entitled to a common voice in the selection of a suitable location. Congress may grant the buildings for Seminary purposes, but the undersigned deny its power to make the location as contemplated in the resolutions. Any action in advance of an expression of choice by the peoplethe location and disposal of the Seminary Land, having for its object the location of the institution-the undersigned deem premature, and therefore submit this their Protest, and ask that it be spread upon the Journals. J. CARTER, Senator Eleventh District. Mr. Haughton offered a Preamble and Resolutions relative to the proceeds of the sales of the Public Lands, the United States Bank, and the Tariff, Which were read a first time, and ordered for a second reading. Mr. Forward, from the Committee on the Judiciary, to whom was referred the bill to be entitled, An Act to amend an act to establish a Tariff of Fees, reported said bill without amendment, Which was placed among the Orders of the Day. Mr. Carter, from a Select Confmittee, made the following report: The Joint Select Committee, to whom was referred the memorial of the citizens of Columbus and vicinity, calling the attention of the General Assembly to the improvement of the navigation of the Suwannee river, and suggesting that an appropriation of the land granted for internal improvement in this State, be set apart for this object, beg leave to REPORT: That your committee are fully satisfied as to the importance of Tendering navigable the Suwannee river, and the benefits which the State would thereby derive, and that for the "development of the resources of the country," this laudable and necessary enterprise should be one of the first to engage the attention of the General Assembly. The committee fully concur in the views and policy expressed and urged by the memorialists, as to the propriety and expediency of setting apart, by appropriation, a portion of the land granted to the State by Congress, for internal improvements; but they entertain serious doubts as to their constitutional powers to apply lands "directly" to such purposes. A liberal system of internal improvements is fully recommended by the Constitution, but it provides that laws shall be passed for the sale and application of the "proceeds" of the land. Your committee recommend that the improvement of the navigation of the Suwannee river be the first object to which the State, or Board of Internal Improvements therein, should direct their attention, and for that purpose submit the following resolution. of which is respectfully submitted. J. CARTER, All Chairman Joint Select Committee on the part of the Senate. Be it resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the first internal improvement made by the State of Florida, or the "Board of Internal Improvements" therein, shall be the improvement of the navigation of the Suwannee river. Which was read a first time, and ordered for a second reading. The following message was received from his Excellency the Governor : Gentlemen of the Senate EXECUTIVE OFFICE, Capitol, Tallahassee, Dec 22d, 1845. and House of Representatives: } I respectfully recommend as Port Wardens for the County of Wakulla, the following persons, to wit:-Peter H. Swaim, James Ormond, Wm. R. Pettes, A. P. W. Crane and John P. Hungerford. I have the honor to be, very respectfully your obt. servt. W. D. MOSELEY. Which nominations were, on motion of the President, laid on the table. Also the following: EXECUTIVE OFFICE, Capitol, Tallahassee, Dec. 20th, 1845. Gentlemen of the Senate and House of Representatives: The office of Assessor of Taxes for the County of Orange, being vacated by the resignation of the late incumbent, an election to fill that office is deemed necessary. I am, very respectfully, your obedient servant, W. D. MOSELEY. On motion, Messrs. Forward, White and Kain, were then appointed a Committee to inform the House that the Senate would be ready to go into the election of Tax Assessor for the county of Orange, on to-morrow, 12 o'clock, M. The following message was receceived from his Excellency the Governor: EXECUTIVE OFFICE, Gentlemen of the Senate } Capitol, Tallahassee, Dec. 22d, 1845. S and House of Representatives: I have approved the following acts: An act entitled, An Act transferring the county of St. Lucie from the Southern to the Eastern Judicial Circuit, and consolidating the counties of Orange and St. Lucie, and for other purposes. An Act in relation to Ferries and Bridges. An Act in relation to the Commissioner of the Tallahassee Fund. I have also approved the following resolutions: Resolutions relative to the decisions of the Supreme Court U. S. I have the honor to be, respectfully, your ob't serv't, W. D. MOSELEY. |