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A resolution in relation to the act incorporating the Farmers Bank of Florida, and
A resolucion authorizing the appointment of two commis. sioners to go to Washington City to make certain representa: tions.
mr. Duval from the majority moved a reconsideration of the bill entitled, “an act to divorce Sarah B. Shelton from her husband Philo B. Shelton,” which motion prevailed, and said bill is made the first order for consideration to morrow.
The President laid before the House the following Executive communication :
EXECUTIVE OFFICE, 2
Tallahassee, 13th Feb. 1836. S To the Legislative Council :
I nominate to the council :
major, in and for the 12th regiment of militia, for the cuunty of Columbia, agreeably to the act of the 15th of January, 1836, JOHN H, EATON,
Governor of Florida. When the House went into secret session and advised and consented to the nominations therein made; when the doors was a gain opened.
The House then adjourned until to morrow morning at 10 o'clock.
Sunday, February 14. The House met pursuant to adjournment, a quorum being present the journal of yesterday's proceedings was read.
mr. Berthelot from the committee on Enrolments reported as correctly Enroled :
An act to repeal an act concerning patrols, passed February 6th, 1834, and for other purposes, and
A resolution requesting an appropria tion from Congress to procure a condensed, revised code of statutes.
A bill entitled, “an act to divorce Sarah B. Shelton, from her husband Philo N. Shelton,” was read the third time: the yeas and nays being required on its passage, by messrs. John. son and Wood, were Yeas messrs. Blount, Brown of Colums bia, Burritt, Downing, Duval, Hunter, M'Cants, Morton, Ramsey, Smith, Walker and Wood-12. Nays mr. President, messrs. Berthelot, Brown of Jackson, Higginbotham, Holloinan, Johnsun, Kenan, M'Neil and Tabor-9. So said bill is passed : ordered that the title be as aforesaid.
A bill entitled, “ an act for the more effectual defence of the Territory of Florida, and for the militia and volunteers of said Territory, employed in that defence," was read a third time; the yeas and nays being required on its passage by messrs. Berthelot and Morton, were Yeas mr. President, messrs. Burritt, Downing, Duval, Higginbotham, Holloman, Kenan, M'Cants, Morton, Smith, Walker ard Wood-12. Nays
son, Dennis, Hunter, Johnson, Macon, M'Neil, Ramsey and
Tabor-11. So said bill is passed : ordered that the title be as above staled.
A bill entitled, “an act for the compensation on the members and officers of the council, and for other purposes,” was read the third time and passed : ordered that the title be as aforesaid.
A bill entitled, “an act to amend an act to provide for the more effectual collection of the revenue, and for other purposes," was taken up: mr. Blount moved to indefinitely postpone said bill; the yea3 and nays being required on said motion, by messss, Berthelot and Walker, were Yeas mr. President, hiessis. Blount, Brown of Columbia, Burritt, Higpinbotham, Holloman, Hunter, Jobnson, Kenan, M'Cants, M'Neil, Ramsey, Smith, Tabor and Woud-15. Nays mcssrs. Ber: thelor, Brown of Jackson, Dennis, Downing, Duval, Macon, Morton and Walker-8. So said motion prevailed, and said bill is lost.
The resolutiors offered by mr. Morton, this morning as follows :
Resolved, That our Delegate in Congress, be requested to use his best exertions to have the provisions of the third section of an act of Congress, entitled, “an act to authorize the citizens of Arkansas and Florida, to elect their officers, and for other purposes," approved, January 21st, 1829, extended ta Florida, by which it is made obligatory on the executive to return all bills to the Legislative Council, which he does not approve within three days alter their presentment to him.
Resolved, That the foregoing resolution be signed by the President, and countersigned by the Clerk of this House, and forwarded to the Honourable Joseph M. White,
Was again read : the yeas and nays being required, by messrs. Berthelot & Morton, were Yeas messrs. Blount, Berthelot, Brown of Columbia, Brown of Jackson, Burritt Dennis, Downing, Duval, Higginbotham, Holloman, Hunter, Johnson, Kenan, Macon, M'Cants, M'Neil, Morton, Ramsey and Wood --19. Nays mr. President, messrs. Smith and Walker-3. So said resolutions are passed.
mr. Berthelot from the committee on Enrolments, reported as correctly Enroled :
An act for the compensation of the members and officers of the council, and for other prrposes, and
An act to divorce Sarah B. Shelton, from her husband Philo N. Shelton. mr. Downing offered the following resolution:
Be it resolved by the Governor and Legislative Council, That Wm, P, Duval, ansignee of John P, Duval, be paid Seven Hundred and Fifty Dollars, out of any money now in the Tallahassee Fund, as a full equivolent for and a discharge of, the claim of the said John P. Duval.
Be it further resolved, That James A. Berthelot, Edmond Chandler and P, P, Randolph, be paid the sum of One Hundred Dollars each, out of said Fund.
Which were read, and the rule being waived, put on its passage: mr, Duval moved a division of the question, and that each resolution be separately put on its passage : the yeas and nays being required on the first resolution, by mesors Smith
and M'Cants, were Yeas mr President, messrs Berthelot Blóunt Brown of Columbia, Burriit, Downing, Duval, Holloman, Morin, Smith and Wood-11 Nays messrs Brown of Jackson, Dennis, Higginbothani, Hunter, Johnson, Macon, M'. Cants, M'Neil, Ramsey aud Walker---10 And said resolution was adopted
The yeas and nays being required on the passage of the second resolution. by messrs M'Cants and Tabor, were Yeas mr President, messrs Blount, Burritt, Downing, Duval, Holloman, Hunter, M'Neil, Morton, Ramsey, Smith, Tabor and Wood 13 Nays messrs Brown of Jackson, Higginbotham, Kenan, Macon, M'Cants and Walker- 6 So said resolution was pass
mr. Downing also offered the following resolution :
Be it resolved by the Governor and Legislalive Council, That Benjamin G. Thorton, be paid the account awarded by Tom Peter Randolph, on the claim of said Thornton, against the Tallahassee Fund, when so much money may be collected by the commissioner of said Fund.
Which was read, (and the rule being waived) put on its passage: the yeas and'nays being required thereon, by messrs. Wood and M'Canis. were Yeas messrs. Berthelot, Blount. Brown of Jackson, Burritt, Dennis, Downing, Holloman, Hunier, Morton and Smith-10. Nays mr. President, messrs. Duval, Higginbotham, Johnson, Kenan, Macon, M'Canis, M'Neil, Tabor, Walker and Wood-11. And said resolution is lost.
messrs. Downing, Wood and Morion were appointed a select committee to confer with the Governor upon the subject of :he appropriation.
Hs Excellency, the Governor transmitted to the House the following communications:
EXECUTIVE OFFICE, 2
Feb. 14th 1836. 3 To the Legislative Council:
I numina:e Robert J. Hackley, as auctioneer for Leon county. I am very respectfully, Your obedient servant,
JOHN H. EATON. Which nomination was advised and counsented to by the House. Also, the following:
EXECUTIVE OFFICE, 2
Feb. 14th, 1836. To the Legislative Council :
I nominate the following gentlemen to fill the offices of colonel, lieutenant colonel, and major, of the sixth regiment, second brigade of Florida militia, (viz) :
Francis R. Sanchez, as colonel; Corton Rolls, as lieutenant colonel; Llewelleyn Williams, as major; and also, Charles Howard, as judge of the county court för Dade County; '1 homas Allen Esq of the City of New York, as commissioner of deeds, &c. for Florida; and Theodore Flo ard, as auctioneer foi St. John's county. I am very respectfully, Your obedient servant,
JOHN H. EATON Which nominations were advised and consented to. mr. Blount moved that the nomination of Willis Alston, commissioner of the Tallahassee Fund, heretolore laid on the table, be iaken up, advised and consenied to; which nomination prevail. ed.
mr. Berthelot from the committee on Enrolments reported as correctly En coled :
An act for the more effectual defence of the Territory of Flo. rida, and for the militia and volunteers of said territory employed in that defence.” and
A resolution requesting the Delegate so to modify the acts of Congress as to limit the executive veio three days after the receipt of bills, and
Resolutions to pay to William P. Duval, J. A. Berthelot, Edward Chandler and T. P. Randolph, certain sums out of the Tallahassee Fund.
mr. Dennis from the majority moved a reconsideration of the vote rejecting the resolution offered to day by mr. Downing, in favour of Benjamin G. Thornton; the yeas and nays being required on said motion by mcssrs. Tabor and Wood, were Yeas messrs. Berthelot, Blount, Brown of Columbia, Burritt, Dennis, Holloman Kenan, Macon and Morton-9. Nays mr. President, messrs. Brown of Jackson, Downing, Duval, Higginbotham, Hunter Johnson, M'Canis, M'Neil, Ramsey, Smith, l'abor, Walker and Wood -14. So said motion is lost.
mr. Downing moved that a select committee be now appointed to wait upon His Excellency, the Governor, and inform him that this House is now ready to adjourn, and to know if he has any further communication in make, which motion prevailed, & messrs Downing, Smith and Wood, were appointed on said committee.
mr. Downing from the select committee appointed to wait upon the Governor to inform him this House is now ready to adjourn ; reported that the committee had been informed by His Excellency, he would be ready to communicate to this House, at 7 o'clock this evening.
The House then took a recess until 7 P. M.: when the House again met and proceeded to business.
The President laid before the House the following Executive communication :
EXECUTIVE OFFICE, ?
Feb. 14th 1836. To the Legislative Council:
I nominale James Riz, Thomas Douglas, John Drisdell, Edwin T. Jenks, and Daniel Huribert, for Justices of the Peace, for the county of St. John's.
JOHN H. EATON. Which was read, and the nominations therein contained and consented to. mr. Blount offered the following preamble and resolutions.
Whereas, the present navigation of the Choctawhatchee river, is both Lifficult and dangerous, for steam-boats: and whereas, there has been recently established, through the enterprizing exertions of Stockton & Co., at a, heavy expense, a steam-boat and stage line from Augusta, Georgia, to Mobile, Alabama, by the way of the Chactawhatchee river; which is in the most direct rout from the North to the South : and whereas, the said mail line, running as it does, through Florida, and affording the citizens thereof a speedy and direct communication with the Northron Cities, and the great commercial emporium of the South : and whereas, it has been recently discovered from actual examination and survey, that there is a good rout for a road, from Holmes' Valley, (P. O.] in Washington county, to a byou at the head of the Chactawhatchee bay, which, if made, would obviate all the difficulties of the river ;
Be it therefore resolved by the Governor and Legislative Council of the Territory of Florida, That our Delegate be requested to use his exertions, at the present session of Congress, to procure an appropriation of $20,000, or such other sum as may be necessary 10 construct said road.
Be it further resolved, That His Excellency the Governor, be re
quested to forward the forgoing resolution to the Honourable Jam seph M. White.
'Which was read, and the rule being waived, adopted. mr. Duval offered the following resolution :
Be it resolved by the Governor and Legislative Council of tho Ter. ritory of Florida, That hereafter no territorial, county, or corporation tax, or duty shall be charged, on sales of land, or produce of this territory sold at auction.
Which was read, aud the rule being waived, adopted.
Feb. 14th 1834.7 . To the Legislative Council:
I return for your reconsideration, a bill to “incorporate the St. Joseph's insurance company;" the 6th section authorizes the company to take insurances and trusts to any amount whatever; and in the 8th section the stockholders are made liable only to the extent that any one may own stock-one or the other of these is incorrect; either a limit should be placed upon the amount of risks, they may make, or a liability should atiach :- what avails a policy of insurance, is, when the loss happens, the party making it, cannot pay the value of the lost property. If a company creating a stock of $1000, take risks to the amount of $20,000, and these losses take place, it is clear that but one of the twenty claimants can be paid, and consequently those, who for years may go on paying up their premiums of insurance, may, when losses befal them, be unable to obtain any recompense. It is proposed in the 8th section after the word "corporation," in the 4th line, to strike out to the word “ liability” in the 6th line: & in the last line of the last sect., strike out "80" & insert “50." Policy forbids the granting cliarters for such extended periods of time. I return also, a bill creating a bank at St. Joseph. Already, there is a bank at St. Joseph, and if for commercial purposes, additional bank capital be needed there, which evidently is not ihe case, at this time, it will be preferable to enlarge it rather than create another. Injury and rivalry towards each other, always multiply as you increase the number of banks; and these ofien times operate to the essential detriment of the community; the territory, too, has a deep interest in a bank already in existense, and it is in the competency of that institution to create branches. This, doubtless, will be done so soon as occasion and business show it to be necessary; and this done, greater harmony will be preserved, and greater benefits will result to the community, than by creating distinct and independant banking insitutions. These seldom fail to wage opposition and war against each other.
I return also, a resolution charging certain payments to be made from what is térmed the Tallahassee Fund. It must be born in mind, by the council, that the land donation by Congress; which constitutes this fund, was as the grant itself declares-intended exclusively for the purpose of crecling public buildings at the seat of government; and hence, to no viher purpose, can it or should it be directed. Governments, no maiter how constituted, should never fail to execute in good faith any confided trusts, and rigidly to carry out their conditions ; but the crust in this instance is not properly regarded, if the funds, resulting, can be made applicable o any other purposes and pay ments, than those which are contained in the grant itself. Even the commissioner who is charged with the care and superintendance of this business, should be paid from the territorial treasury, and not from this fund. Congress will have lille inducement to accord with the territory's requests that are made to her, for its advancement, when the conditions of her grants are departed from, f her kindnesses are deverted to objects different from those she intended, & has stipulated for. A bill more effectually to provide for the defence of the territory, &c., is