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JOURNAL

OF

THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

OF

THE TERRITORY OF FLORIDA,

AT ITS FOURTEENTH SESSION:

Begun and held at the Capitol, at the City of Tallahassee,

On Monday the 4th day of January, A. D. 1836.

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JOURNAL, &C.

The fo’lowing gentleinen, Members elect, appeared, to wit:

From the County Of Escambia,

Thomas M. BLOUNT, and

JACKSON Morton.
Walton, HENRY G. RAMSEY.
Washington, WASHINGTON TABER.
Franklin, EBEN J. Wood.
Jaackson, BENJ. J. Brown.
Gadsden,

Daniel L. KENAN, and
1xHAM JOHNSON.
Samuel H. Duval,

ARTHUR Macon,
Leon,

James A. BERTHELOT, ard

GEORGE E. DENNIS.
Jefferson, James M. K. HOLLOMAN.
Madis in,

ARCHIBALD McNeill.
Hamilton, WILLIAM M. HUNTER.
Columbia,

RIGDON BROWN.
Nassau,

Joseph HIGGINBOTHAM:
And a quorum not being present, on motion of Mr.
Blount, they adjourved until to-morrow at 12 o'clock.

Tuesday January 5.
The Members met pursuant to adjournment, and Mr.
Richard Fitzpatrick, niember elect froin Monroe county
having appeared, a quorum was formed; when, on mo-
ion of Mr. Blount, ihe Members were qualified ac
ing to law, by the Hon. Leslie A. 'Thompson, Judge of
the County Couit for Leon county, and took their seats.

On motion of Mr. Blount, Mr. Wood was called to the Chair, and John G. Gunn appointed Clerk, p'o tem, whea the House proceeded to its vrganization.

On mouion of Mr. Blount, Mr. FitzPATRICK was no-
minated and duly elected President of the Legislative
Council; and being ihereupon couducted to the Chair by
Messrs. Blount and Duval, made an appropriate address,

John G. Gunn was elelected Chief Clerk,
JAMES BRYAN, Jr., Sergeant-at-Arins, and
Moses ELLs, was elected Door-Keeper? whaon

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Motion of Mr. Blount, took the oath of office as required

by law.

Mr. Duval moved that a select committee of three members be appointed to wait upon His Excellency the Governor of the Territory of Florida, and inform him that the House is now organised and ready to receive any cominunication that he may have to make--Messrs. Wood, Duval, and Morton were appointed the committee.

Mr. Blount moved that a committee of three members be appointed to drast Rules for the government of the present Session of the Legislative Council; and until they report, that the Rules in force at the last Session, be adopted at the present-Messrs. Blount, Berthelot, and Kenan, were appointed the committee.

On motion of Mr. Duval, the House then adjourned until to-morrow at 12 o'clock.

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Wednesday, January 6. The House met pursuant to adjournment, a quorum being present, the Journal of yesterday's proceedings was read.

On motion of Mr. Blount, Mr. George S. Hawkins of Jackson county, and Mr. Joseph McCants of Jefferson, were qualified according to law, and admitted to take their seats.

The following communication was received from his Excellency the Governor :

TERRITORY OF FLORIDA,

Executive Office, Jan. 5, 1836.) It is hereby certified to the Legislative Council, that by the returns made to this office, it appears that J. M. K. Holloinon and Joseph McCants, are elected Meinbers of the Council, to supply two vacancies from the County of Jefferson.

And that to supply a vacancy in the County of Frank. Jin, E. J. Wood has been elected.

JNO. H. EATON, Gov. of Florida. Which was read.

On motion of Mr. Blount, the House proceeded to the election of three Engrossing and Enrolling ClerksMessrs. Roht. Copeland, Henry J. Holmes, and Sam'l. Fitzpatrick, were severally declared duly elected.

His Excellency the Governor transmitted to the House the following communication :

EXECUTIVE OFFICE,

TALLAHASSEE, January 6th, 1836. To the Legislative Council of Florida:

From considerations of public duty, I again bring to your view at your annual meeting, the state

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of affairs in the Territory of Florida. It is a pleasure to me to know, that in all your pursuits, you have been amply recompensed: and that while through the past season, health has prevailed, the farming interests have been liberally remunerated ; thus affording a conclusive earnest, through abundant crops produced, that the climate and soil of Florida are fully equal to all just expectations, and to the reasonable desires of the agricultural portion of the inhabitants.

But it is not a productive soil and generous climate, that are capable to invite emigrants amongst you, and to retain them when they come : It is rather through the iuculcation of proper feelings and the enactment of wholesoine laws :

It is by pursuing a course calculated to inspire a belief with all, that well adjusted right will be maintained, and that liberty and priviledge to the extent they were enjoyed whence they came, will not be impaired by a change of homes. Let then your efforts be, 80 to arrange and plan all acts of legislation, that every thing of sinister purpose and of Party, be thrown aside; and the public good, and the happiness and well being of the people become the rule and guide of your actions. After this mode, may the character and prospects of the Territory be advanced-by a contrary one, they must inevitably he impaired.

Reflection leads to the conclusion, that equally with myself, perhaps more, you are competent to judge of the wants and wishes of the people whom you represent: and are better prepared to apply in advance, those wholesome remedies, which for the well being of your constituents, are required at your hands.-Hence, might I leave them safely there; and would, did not duty demand of me a dif. ferent course of action. It should be borne in mind, that to legislate for a free people, is an importaat, and at all times, a delicate and difficult trust. While society re. quires that good order be faithfully maintained, it is mat. ter worthy of consideration and inquiry, it too much, and too frequent attempts to govern by rigid rules laid down, are not of greater injury than benefit to a community. It is part of man's nature to resist and oppose dictation, no matier of what character and kind it be. However disposed he may be, to avoid committing those acts, wh.ch are denominated offences, no sooner do Legislative enactments impose some new restraint, than his disposition naturally rebellious, prompts him to resist the rule that would restrain him. It is for this, that penal laws towards newly constituted offences should be of limited cautious extent, and of defined and certain character, that those who vio. late their provisions, may know accurately what the law

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