Executive Department; that so much of said Message as refers to "State debt" be referred to the Standing Committee on the State of the Commonwealth; that so much of said Message as refers to "taxation" be referred to the Standing Committee on Taxation and Revenue; that so much of said Message as refers to "Indians" be referred to the Standing Committee on the State of the Commonwealth; that so much of said Message as refers to "internal improvements" be referred to the Standing Committee on Internal Improvements; that so much of said Message as refers to "charters' be referred to the Standing Committee on Corporations; that so much of said Message as refers to "amendments of the Constitution be referred to the Standing Committee on Revision of the Constitution; that so much of said Message as refers to "boundary line be referred to the Standing Committee on the State of the Commonwealth; that so much of said Message as refers to swamp and overflowed land be referred to the Standing Committee on Internal Improvements; that so much of said Message as refers to "criminal prosecutions" be referred to the Standing Committee on the Judiciary; that so much of said Message as refers to "federel relations" be referred to the Standing Committee on that subject.

66

Ön motion of Mr. Long, it was ordered that Mr. Perry's name be inserted in all the Standing Committees of the Senate where the name of Mr. Provence now appears, and that he be appointed a member of each of said committees to which Mr. Provence belonged

ORDERS OF THE DAY.

A Bill to be entitled, An Act to amend An Act Incorporating the City of Apalachicola, was read the first time, the rule waived, read a second time by its title, and ordered to be engrossed for a third reading on to-morrow.

On motion of Mr. Long, the rule was waived, and the Senate proceeded to the election of an engrossing Clerk.

Mr. Long nominated T. S. Haughton, as a candidate for said office.

For Haughton, the vote was:

Mr. President, Messrs. Bird, Brinson, Cone, Eppes, Hawes, Long, Perry, Smith and Tracy-10.

Blank:

Messrs. Hopkins and Myrick-2.

Mr. Haughton was declared duly elected Engrossing clerk, and the oath of office administered to him by Hon. T. J. Eppes, a Notary Public.

The following messages were received from the Governor :
EXECUTIVE CHAMBER,
TALLAHASSEE, November 24, 1855.

Fellow Citizens of the Senate and

House of Representatives :

After your adjournment in January last, I received two bills which had passed poth Houses of the General Assembly, one entitled " An Act granting certain lands to the Palatka and Micanopy Plank Road Company," and the other entitled "An Act to remove the obstructions to the navigation of the Suwannee River." I could not consistently with my views of duty approve and sign either of these bills, and they failed under the sixteenth Section of the 3d Article of the Constitution to become laws.

These bills are alike in their objectionable features, and may therefore with propriety be considered together. The one grants certain Swamp Lands to the Pilatka and Micanopy Plank Road Company to aid in the construction of their Road, and the other grants certain Swamp Lands for the purpose of removing the obstructions which interfere with the navigation of the Suwannee River.

The General Assembly by An Act approved January 6, 1855, provided for a State system of Internal Improvements. It was seen that the success of that system would depend to a very great extent upon the use which could be made of our land fund, and it, therefore, in the general bill, set apart the Internal Improvement lands remaining unsold, the proceeds of such as had been sold, together with all the swamp and overflowed lands, and made them a separate and distinct fund, and by the second section vested them as follows: "That for the purpose of assuring a proper application of said fund, for the purposes herein declared, said land and all the funds arising from the sale thereof, after paying the necessary expenses of selection, management and sale, are hereby irrevocably vested in five Trustees, to-wit: In the Governor of this State, the Comptroller of Public Account, the State Treasurer, the Attorney General and the Register of State Land, and their successors in office, to hold the same in trust for the uses and purposes hereinafter provided, with the power to sell and transfer said land to the purchasers, and receive payment for the same." This act vests the whole fund in a board of Trustees for certain well defined purposes, and divests the General Assembly of title. These bills seek under authority of the General Assembly to withdraw a portion of the fund, and if the power exists to withdraw any portion, or for any purpose, not expressly provided, then it exists to withdraw the whole, and the deed of trust

is of no value. But such I think is not the case. The fund cannot be applied to objects other than those specified in the general law, and therefore had the bills been signed, they could only have lead to unpleasant litigation.

For these reasons I felt that it was my duty to withhold my sig.

After your adjournment in January last, I received a bill entitled "An Act to prevent non residents of this State from hunting or killing any deer or other game within the limits of this State, and for other purposes." As I could not consistently with my views of duty approve and sign this bill, it failed under the 16th section of the 3d Article of the Constitution to become a law.

The provisions of the first section would subject a man who owned land on both sides of the boundary line between Florida and either of our neighboring States, but whose house was beyond our jurisdiction, to indictment for shooting vermin in his own plantation, or for taking game for his table use. The citizen would no longer be able to offer his guest, if a non resident, a participation in the sports of the chase, lest he should be placed upon the Grand Jury where he would be bound to report him for having at his own invitation, shot a deer, a turkey, or a partridge. The party thus indicted may be fined five hundred dollars or be imprisoned six months, and cannot be fined less than twenty dollars or be imprisoned less than one month.

The second Section is still more stringent. If our Georgia or Alabama neighbor, planting on both sides of the lines, should find it necessary in building or otherwise, to "insert nails, spikes or any other metal into any lumber, logs or trees, he is to be deemed guilty of a felony, and upon conviction is to receive thirty-nine lashes upon his bare back." Such would bet he effect of these sections. That they were designed for another, and far different purposes I entertain no doubt, but they were evidently hastily drawn. For these reasons I felt it my duty to suspend their action for the time being, by witholding my signature. Very Respectfully, JAMES E. BROOME.

Also the following:

EXECUTIVE CHAMBER,
TALLAHASSEE, November 24, 1855.

Fellow Citizens of the Senate and

House of Representatives :

After your adjournment in January last, I received a bill which had passed both houses of the General Assembly, entitled "An Act for the relief of M. Whit. Smith," which I could not, consistently with my views of duty approve and sign, and it therefore failed under the 16th Section of the 3d Article of the Constitution to become a law.

This bill seems to have been based upon an act approved January 8th, 1853. That act authorized the Judge of Probate of Hernando County to appoint some suitable person to take charge of, and convey one William Crawford, a lunatic, (then in the Jail of Hernando county, charged with a high criminal offence,) to some Lunatic Asylum-authorized the agent to sell the estate of the said lunatic-pay all his just debts that should be presented within two months, and use the residue of his estate in his maintainance in the Asylum; and further required the said Judge of Probate to take bond and security conditioned for the faithful performance of the trust, &c. M. Whit. Smith it appears was appointed such agent, and conveyed the said Crawford to the Asylum at Columbia, South Carolina, where he still remains.

There were found to be large demands against the said Crawford, for Attorney's fees, &c., and the General Assembly, in the bill under consideration, undertakes to make a Judicial investigation of the claims, and awards to James T. Magbee, one hundred dollars; to David Provence, one hundred dollars; to M. Whit. Smith, two hundred and fifty dollars; to M. Whit. Smith, for expenses (on producing vouchers) to Asylum, two hundred and fifty dollars; to M. Whit. Smith for two years maintainance of Lunatic in Asylum, five hundred dollars, for clothing, fourteen dollars, and for Physician's bill, twelve dollars. The claim of M. Whit. Smith to be approved by "the Judge of Hernando county," (an officer unknown to our Constitution or laws,)" and that he be discharged from said Guardianship." These are all questions which I think belong to the Judicial tribunals of the State; and the bill, when it undertakes to adjudicate the demands, distribute the estate, and discharge the guardian, is in conflict with the 2d Section of the 2d Article of the Constitution, which provides that "no person or collection of persons, being of one of these departments, (Legislative, Executive or Judicial,) shall exercise any power properly belonging to either of the others,

except in the instances expressly provided in this Constitution."

Also the following:

Respectfully,

JAMES E. BROOME.

EXECUTIVE CHAMBER,

TALLAHASSEE, November 24, 1855.

Fellow Citizens of the Serate and

House of Representatives:

After your adjournment in January last, I received a bill which had been passed by both houses of the General Assembly, entitled "An Act for the relief of J. P. K. Savage and Haley T. Blocker, and for other purposes." I could not consistently with my views of duty, approve and sign this bill, and it therefore failed under the 16th Section of the 3d Article to become a law.

The first Section provides "that the Clerk of the Supreme Court and the Sheriff of said county shall be entitled to draw their per diem from the day of the convening of said Court to the day of its final adjournment."

These are both offices of perquisites, and it should be borne in mind that the incumbents thereof are not required to leave their homes, so that as soon as the Court is adjourned over, they repair to their offices, and engage in their business. The Supreme Court is in the habit, (and very properly too,) of accommodating the Attorneys by continuing the Court from day to day until they have heard the argument of a number, or perhaps of all the cases on the docket. They note the points made, and the vast number of authorities cited. They cannot examine these authorities, nor write out their decisions in the Court room. They therefore adjourn over for one, two or three weeks, or perhaps a month, according to the business on hand, during which time they are doing office work, and require the services of neither Sheriff nor Clerk. These opinions when prepared, must be delivered in open Court, and they therefore notify the Clerk and Sheriff to attend on a certain day. A few hours are employed in reading the opinions, and the Court makes "its final adjourument." Now is there any good reason why the people should pay one hundred and eighty dollars per month to these officers, when they have not rendered one hour's service in the whole time, and have not been required to render any?

Let us make an illustration. Suppose that the General Assembly should be requested to pay the officers of the two houses their per diem, from the 27th day of November last, the day on which it convened, to the day of "its final adjournment," which may not take