Mr. Haughton offered the following as an engrossed rider, to be made a fourth section to the bill:

SEC. 4. Be it further enacted, That all writs, process and other business made or to be made returnable to the next term of said Courts respectively, as heretofore established, shall be returnable to the first term thereof, to be held under this act; and all recognizances taken or to be taken, and every other matter now depending, or which may hereafter be depending in said Courts, which are or may be undetermined, shall have day, be disposed of and determined in said Courts respectively, at the terms hereby established; and no recognizance, writ or other matter, shall be dismissed, discontinued or fail, by reason of the alteration in the time of holding said Courts.

Which was adopted.

On the passage of the bill as amended, the yeas and nays were: Yeas Mr. President, Messrs. Bell, Broward, Carter, Forward, Goodbread, Haughton, Kain, Lorimer, Mays, McLean, Mitchell, Porter and Priest-14.

Nays-None.

So the bill passed. Title as stated.

The engrossed bill to be entitled, An Act prescribing the form of a Digest or Manual of the Laws of this State,

Came up, and was read a third time.

On the passage of the bill, the yeas and nays were:

Yeas-Mr. President, Messrs. Bell, Broward, Carter, Forward, Goodbread, Haughton, Kain, Lorimer, Mays, McLean, Mitchell, Porter and Priest-14.

Nays-None.

So the bill passed. Title as stated.

The resolution that the two Houses go into the election of Judges for the Southern and Eastern Circuits, on Saturday next,

Was read a third time, and adopted.

The House bill to be entitled, An Act appointing the several Town Councils in this State Boards of Health ex-officio,

Was read a second time, and laid on the table.

The bill to be entitled, An Act in relation to Garnishees and Garnishee Process,

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

The Preamble and Resolutions in relation to the Everglades of Florida,

Were read a second time.

Mr. Kain moved to strike out all that part of the first of said resolutions, after the words "aforesaid region."

Which motion prevailed.

The Preamble and Resolutions as amended, were then ordered to be engrossed for a third reading.

On motion of Mr. Carter, Ordered, that Mr. Clisby be allowed to

take a copy of his bill of printing at the late session of the Senate, filed among the papers of the Secretary.

The Senate adjourned until to-morrow, 10 o'clock A. M.

TUESDAY, December 2, 1845.

The Senate met pursuant to adjournment and, there being a quorum present, the proceedings of yesterday were read and approved. On motion of Mr. Lorimer, the bill to be entitled, An Act to amend an act giving a lien to mechanics in certain cases, &c.,

Was taken from the table and placed among the orders of the day. On motion of Mr. McLean, leave of absence was granted to Mr, Lorimer until to-morrow, 10 o'clock.

Mr. Forward gave notice that he will, at an early day, ask leave to introduce a bill to be entitled An act to amend the several acts in relation to the limitation of actions, and for other purposes.

The following message was transmitted to his Excellency, the Governor of Florida:

SENATE CHAMBER, December 2, 1845.

To his Excellency, the Governor of Florida:

I herewith transmit, for the approval of your Excellency, a resotion relative to fitting up the Supreme Court Room, passed by both Houses of the General Assembly and signed by the officers thereof. Your obedient servant,

THOS. F. KING, Sec'y Senate. Mr. Forward from the Judiciary Committee made the following report:

The Judiciary Committee have had under consideration the following bills, to wit:

An Act to amend the Constitution, &c.

An Act respecting corporations.

An Act respecting the proporty of, and debts due to corporations that have been dissolved, and of debts owing by them.

An Act in relation to garnishees and garnishee process.

And instructed me to report the same back to the Senate, withcut amendment. W. A. FORWARD, Chairman. Which report was received and the said bills placed among the orders of the day.

On motion of Mr. Haughton, the rule was waived and he offered the following resolution:

Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the Resolution of the General Assembly, approved November, 1845, amending an act of the last Session, entitled An act to raise a revenue for the State of Florida, &c., shall not be deemed to apply to the tax-collectors in the counties of Middle Florida, which collectors are hereby required to make their settlements with the Treasurer, on or before the 20th of December instant.

To which Mr. McLean offered the following amendment:

Resolved, That the Comptroller be required to forward a copy of this resolution to the Sheriffs of Middle Florida, and also, a copy of the one of which this is an amendment, to the other Sheriffs of the State, affected thereby.

Which amendment was concurred in.

The rule was then waived and the resolution as amended read a second and third time and adopted.

Mr. Broward from the Committee on the State of the Republic made the following report:

The Committee of the Senate on the State of the Republic, to which was referred the correspondence and documents between their Excellencies the Governors of the State of Florida and the State of Georgia, accompanied by documents and correspondence between the Secretary of State of the United States, and His Excellency the Governor of Florida, on the subject of the boundary between the States aforesaid, and running and marking a line between the same, and having given that subject the careful and attentive consideration which its importance to Florida demands, beg leave to

REPORT:

It appears to your Committee on the investigation of this subject, that the most important question to decide is, where said line is to commence and terminate. To arrive at that conclusion, due consideration has been given to the many transfers and cessions which Florida has passed through from one sovereign State to that of another, and to ascertain where the several governments, by which Florida was held and transferred, considered to be the northern boundary thereof.

Your Committee deem it not important on this occasion to look beyond or anterior to the treaty of settlement and limits between the United States and His Catholic Majesty, the King of Spain, in the year ninety-five. It appears by that treaty, that the United States did, on their part, appoint Andrew Ellicott, Commissioner, and Thomas Freeman, Surveyor, to meet the Commissioner and Surveyor on the part of Spain; and the said Commissioners, in conformity with the stipulations of said treaty, proceeded to establish the boundary line between the United States and the then provinces of East and West Florida, belonging to His Catholic Majesty. The said Commissioners executed the stipulations of said treaty, so far as to fix and establish a permanent boundary on the West, known as the junction of the Flint and Chattahoochie rivers, and by the further stipulations of said treaty, a line was to be run from the junction of said river to the head of the St. Mary's river on the East; but in consequence (as will be seen by reference to the journals of the said Commissioners,) of the formidable and unfriendly tribe of Indians, who inhabited the country through which that line would have to pass, deferred making or running that line,

until a more favorable opportunity was presented. The Commissioners did then, with a perseverance highly creditable to them, proceed to the mouth of the St. Mary's river, and ascend the same to its head, landed there, and at a short distance from the same, threw up a mound of earth, and called it Ellicott's Mound, and by so doing, fixed a permanent and indisputable point, to designate what was the head of the St. Mary's river, for it was near this point where the St. Mary's cease to be called by that name, in consequence of its pronging in tributary streams, one of which is called the South prong, and another the North prong. The two prongs, the waters of which, with other tributary streams, compose the river of St. Mary's.

Your Committee are of the opinion, that the Commissioners of the two high contracting parties, who were equally jealous of their National rights, having established the permanent boundaries between the United States and the then provinces of East and West Florida, belonging to His Catholic Majesty, and leaving the running of the line from Ellicott's Mound to the junction of the Flint and Chattahoochie rivers, to be run at some future day by their respective Governments, when the disposition of the Indians in that section of country would have been more favorable to that result; and the two high contracting parties having approved of the doings of their Commissioners, by ratifying the same, and making their proceedings a part of the treaty of '95, leaving nothing now to be done, to settle the differences between the States of Georgia and Florida, but what was left by them to be done at a future day, which is to run said line from Ellicott's Mound on the East, to the junction of the Flint and Chattahoochie rivers on the West; and which, when done, will complete the treaty of '95, between the United States and the King of Spain.

To carry out this desirable object, your Committee, in view of the amicable disposition manifested by the Governor of Georgia, and his desire to settle this unpleasant controversy, with as little delay as possible, would recommend the annexed or similar resolutions, authorizing His Excellency the Governor of Florida to appoint a fit and competent person as a Commissioner, with a competent person as Surveyor-if he should think the service to be performed, required such assistance-to meet the Commissioner of Georgia, for the purpose of running and marking said line. And in the opinion of your Committee, inasmuch as the contemplated line was, by the Commissioner on the part of the United States, left to be run at a future day, that the General Government be requested, (the State of Georgia consenting thereto,) to send a Commissioner to confer with the Commissioners on the part of Florida and Georgia, in running said line; and in case that any difference of opinion should occur, between the Commissioners of the States of Florida and Georgia, that said Commissioner on the part of the United States, should be authorized to preside and act as umpire, to the end that a mere difference of opinion between the Commissioners, may be settled, without defeating the object in view.

And your Committee indulge the belief, that inasmuch as the General Government did, by the treaty of '95, contemplate at a future day, by the apppintment of a Commissioner on the part of the United States, to run and mark out said line, and pay the expense which would be incurred thereon, will not hesitate to do now, what it was willing and bound to do, at the conclusion of said treaty. All of which is respectfully submitted; and your Committee ask leave to be discharged from the further consideration thereof.

JOHN BROWARD, Chairman.

Be it resolved by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That his Excellency the Governor of Florida be, and he is hereby authorized to appoint, a fit and competent person to act and confer with a person to be appointed by the Governor of Georgia, to act as Commissioners, to run and mark a boundary line between the States of Georgia and Florida, in conformity with the treaty of 1795; between the United States and the King of Spain. And his Excellency the Governor be further authorized to furnish said Commissioner, on the part of Florida, with such assistance as may in his opinion be necessary.

Be it further resolved, That the Governor of Florida be, and he is hereby authorized and required to ask the General Government, through its proper authorities, to send a Commissioner on the part of the United States, to confer with the Commissioners of Georgia and Florida, in running and marking said line; and to act as umpire in any disagreement which may occur between them. And that our Members of Congress be asked to obtain an appropriation from Congress to pay the same.

Which were read and seventy-five copies of the report and resolutions ordered to be printed.

On motion of Mr. Carter the rule was waived and he presented a petition from Samuel Worthington, captain of a militia company in the late Indian War.

Which was read and referred to a select committee, consisting of Messrs. Carter, Mitchell and Priest.

Mr. Bell, from the committee on the Militia, made the following report:

The committee on the Militia have had that subject under consideration, and ask leave to report a bill to be entitled, An Act to organize the militia of this State. D. BELL,

Chairman Committee on Militia. Which bill was read the first time and seventy-five copies ordered to be printed.

On motion of Mr. Lorimer, the vote to print seventy-five copies of the report and accompanying resolutions of the Committee on the state of the Republic, was reconsidered, and one hundred and fifty copies thereof ordered to be printed.