tioned," was read the second time and referred to the Judiciary committee.

A bill entitled, "An Act to organize a County to be called Pinkuy County," was read the second time and ordered for a third reading on Monday.

A bill entitled, "An Act to authorize Thomas Cooper to establish a Ferry across the Escambia'river,” was read the third time and passed: ordered that the title.be as above stated.

A bill entitled, “An Act to prevent trespasses and depredations on lands within the jurisdiction of the Territory of Florida." was read the second time and ordered for a third reading on Monday next.

An Engrossed bill entitled, "An Act to prohibit the circulation of incendiary publications," was read the third time and passed: ordered that the title be as above set forth.

A bill entitled, "An Act to authorize the guardian or tutor of the minor heir of Daniel E. Burch deceased, to sell the real estate of the said heir within this Territory and for other purposes," was read the third time and passed: ordered that the title be as above set forth.

A bill entitled, “An Act to incorporate the Florida Insurance and Banking Company," was ou, motion of Mr. Morton postponed until Monday next.

A bill entitied, “An Act to organize the Tallahassee Guards," was read the second and third time (the rule being waived for that purpose.) The Yeas and Nays being required on its passage by Messrs. Brown of Columbia, and Blount, were Yeas Mr. President Messrs Berthelot, Blount, Burritt, Dennis, Duval, Hawkins, Higginbotham, Hunter, Kenan, Macon, M'Cants, Miles, Morton and Ramsey-15. Nays Messrs. Brown of Columbia, Johnson, M'Neil, Tabor and Walker—5. So said bill is pass

ed: ordered that the title be as before set forth.

The House then adjourned until Monday next at 12 o'clock.

Monday, January 25.

The House met pursuant to adjournment, a quorum being present, the Journal of Saturday's proceedings was

read.

Mr. Duval asked and obtained leave, without previous notice (the rule being for that purpose waived) to introduce a bill entitled, "An Act for the reliet of James S. Freshwater," which was read and referred to the Judiciary committee.

Mr. Morton asked and obtained leave to introduce without previous notice (the rule being therefor waived) a bill entitled, An Act to amend an act entitled an act to n

mend an act entitled an act to organize and regulate the militia of the Territory of Florida, and to repeal an act passed 1st February 1832, and for other purposes," which the rule being waived for that purpose, was read the first and second time, and ordered for a third reading on today.

Mr. Berthelot pursuant to previous notice asked and obtained leave to introduce a bill entitled, "An Act to alter and amend an act giving a lien to mechanics in certain cases," which was read and referred to the Judiciary committee.

Mr. Blount offered the following resolutions,

RESOLVED, That a select committee be appointed with instructions to examine all the acts of the Legislative Council in relation to the election and appointment of militia officers, and ascertain in what manner they conflict with the acts of Congress, for the government of the Territory of Florida.

RESOLVED, That the said committee be instructed to. inquire whether the election of all officers, both civil and military, except the Governor and Secretary of the Territory, the Judges of the Superior Courts, Justices of the Peace, Keepers of the Public Archives and Brigadier Generals, does not belong to the people, by virtue of the acts of Congress.

RESOLVED, That said committee be instructed to inquire into the most efficient manner of organizing the militia of the Territory, and that so much of the annual message of the Governor and the SPECIAL message of the 11th must. as relates to the organization of the militia be referred to the said committee.

Which was read and laid on the table until to-morrow. Mr. Brown of Columbia, offered the following resolutious,

WHEREAS no appropriation of land has been made for the erection of public buildings in the County of Columbia in this Territory, and it will be ruinous to the people of said County, to raise by taxation such sum as will be necessary for that purpose. Therefore

RESOLVED, That the Delegate in Congress be requested to use his exertions to obtain the passage of an act of Congress, authorizing the County Court of said County, to appropriate a section of land in said County, and dispose of the same for that purpose.

Which was read and laid on the table until to-morrow. Mr. Hawkins from the committee on Enrolments eported as correctly Euroled:

"An Act supplemental to the several acts, organizing the militia of the Territory of Florida.”

"An Act to organize the Tallahassee Guards." and "An Act for the settlement of certain claims therein stated," also a

"Resolution vesting in the voters of the Territory the right at the next general election to endorse on their ballots State' or No State'" also certain

6

"Resolutions authorizing a select committee to purchase and distribute on account of the Territory, all the rifles, muskets and other implements of war for sale in Tallahassee."

A bill entitled, "An Act to authorize the county court of Escambia county to admit to probate the last will and testament of Antonio Villaverde deceased," was read a second time and ordered for a third reading on to-mor

row.

A bill entitled, "An Act for the relief of Paul M'Cormick, of Leon County," was, on motion of mr. Duval postponed and made the order of the day for to-morrow.

A bill entitled, "An Act to amend an act entitled an act to amend an act entitled an act to organize and regulate the militia of the Territory of Florida, and to repeal an act passed the 1st day of February 1832, and for other purposes,' was read the third time and passed; ordered that the title be as before set forth.

His Excellency the Governor transmitted to the House by Mr, Wellford (his private Secretary) the following message:

To the Leg. Cou. of Florida:

EXECUTIVE OFFICE,

TALLAHASSSE, 25th Jan. 1836.}

In returning to the Council the act to raise a Regiment of Volunteers in this Territory, it behooves me to remark, with all deference to those who have passed it, that I consider the provisions of it wholly inexpe int. Legislation for the benefit and advancement of particular individuals, in reference to matters which affect the public interest. is always objectionable The country alone should be legisla ed for.

The Ac under consideration is an authority granted by the Legislature to persons designated, to raise an independant Regiment of Volunteers, the officers of which, as may probably have been intended, are to be chosen by the Volunteers. In the shape in which it is presented, it is equivolent to a declaration, that the persons mentioned in the bill shall be commanders of the Regiment to be raised; because, the inference fairly arises, tha those only will be received and admitted into the Corps, who shall consent to this result This may be right and proper; at least, I am not prepared to say otherwise. The gentlemen selected and named, may be and doubtless are efficient, worthy, and gallant men. and capable to take upon themselves the high and responsible trust, of leading to the field the proposed Regiment. But is it justice to the rest of the communi y, to enac a law which concedies to four persons, rights, authority and privileges, which others might with equal propriety lay claim to? To authorise the raising and organising a volunteer force generally, with permission to select officers, is within the range of ordinray practice; but to confide the trust specially by

Legislative enactment to four persons, is altogether of different import and character, and affo ds to other citizens just round of complaint. The one would open the fie'd o as much worth and merit, as could come forth; the other, ends to close the door of competi on, by excluding from the ranks hose who might be indisposed to yield the righ into the hands of such persons as might be charged with rais ng the force.

Another object on forcibly arises. By the terms of a law passed within a few days, and under the provisions of which. your present force for the fie d is organising, au hority is given to make draft, and receive volunteers, for a service of six inonths. Most truly is it hoped and believed, that the frontier di turbances, which now unhappily prevail, wil not probably con inua third of the time, yet it is in conformity to the ordinary usages of the country to limit the service to six months, unless the necessity be sooner terminated.

The Government of the United States, ce tainly connot desi e a continuance of the campaign a moinent beyond he period which Recess ty may impose. The war must, necessarily prove expensive, and, as ear y a possible, the desire of the Government will be to terminate the contest. With energy and activity it cannot endure beyond sixty days. Such is frankly my opinion. The fac is not to be disguised that a bili to raise a force but for f ur months, must unquestionably trammel one, which demands aservice of six months.

A country possessed of large population might r adily encounter the inconveniences of those differ nces as to the service; but here it is otherwise -Florida presents a sparse population. One fifth of those who legally are require to bear arms have been called for under the provisions of your first general law; and just at the moment when that call was about to be met, the people are warned that there is a better bill and one of more limite service for the soldier; and vaunting declarations are made, that whe her it he opproved or not, there is a power in the Council to control a l Executive objections.-Be it so! Who can, or has a right speak, officially, or confidently of the views and intentions of h Legisla ture. I know no I is enough for me to perform, wha a sense of duty to myse'f and to he people of this Territory, in my huble es imate of things, eq res, and leave to others, a perform ne of their respective trusts. B to your knowl dge of ma ers perhaps, much better than my own, is it's bmitted, whe hritis in the range. of equitable demand to require a serv ce of six months from one portion of the community, and a r duced service of but four from another, at one and he same ime; and whe her at a moment of admitted peril and anxiety and when ad is sought for in other States, of th s Union, such a discrepancy may not have te effect to embarrass tho e measures and that action which to be carried out speedi y, is of vast importance to the community.

One of the cogent reasons urged for this bill before the people, to induce them to its support, is that to them belongs the right of elec ing their officers.-I is no so! such may have been the intention of i's form rs, ut if the law be carefully looked 'nto, i will be seen, ha the field and staff officers are to be e'e ted by th сарtains of compan es, and not by those who volunteer. It is not possi

for i to hear any other construction when examined by intelligent persons; and is a Ivocates, with aview to upho'd it before the people, sh ul not urge ha construc ion which evi en 'y, as I believe, it is incapable of hearing

ment.

Bu again let me enquir, an this Le is ture, in pursuance of any power they posse s, organise an Independant volunteer RegiNo s ate has ar ght to make war, or to keep troops in the field except in time of war of which Congress alone possessessing authority to declare it, must judge. Under circumstances of pressing

necessity; the Militia may be called into service; but it must be as Militia, ei her d af ed or voluntee s, until the Presiden: is advised. Then they may be discharge or receive, and if re eived, can be organise under his authority, and under the acts of Congress now in force. But until an action is had by the Presiden: or Congress, no organisation of Independent Volunteer Rgiments can take place. The onlylegal reliance for the present, must be on the drafted or volunteer Militia, with such exp anatory and aiding laws, as it may be the pl asure of the counci: to pass. I entertain the opinion that the Governor & C uncil are not possessed of authority to enact laws, by which to pledge themoney and resources of the general government. The law now ubmited for my consideration is of that character and under this view of the case, it would not be possible for me to issue commissions under it.

JOHN H. EATON.

Which was read: when on motion of Mr. Duval the further consideration of said message and the bill therein referred to was postponed until to morrow.

The House then adjourned until to-morrow at 11o'clock.

Tuesday, January 26.

The House me: pursuant to adjournment, a quorum being present, the Journal of yesterday's proceedings was read.

Mr. Tabor gave notice that he will ou some future day introduce a bill authorizing William M. Loftin to establish a ferry across the eastern arm of St. Andrews Bay.

Mr. Hawkins gave notice that he will on some future day introduce a bill to be entitled, "An Act to amend the several acts incorporating the Chipola Canal Company.”

Mr. M'Cants pursuant to notice heretofore given, asked and obtained leave to introduce a bill entitled 'An Act amendatory of an act to amend an act to raise a revenue for the Territory of Florida, passed February 10th 1832, and for other purposes," which was read and referred to the committee on Finance.

Also a bill entitled, "An Act to amend an act to prevent the future migration of Free Negroes or Mullattoes into this Territory and for other purposes, passed February 7th 1832," which was read and referred to the Judiciary committee.

Mr. Blount presented the petition of R. and W. King &co. praying that the steam boat Florida may be exempt from the payment of pilotage over the bar of St. Johns river; which was referred to the committee on the State of the Territory.

Mr. Brown of Jackson offered the following resolutions :

RESOLVED, That the Delegate in Congress be requested to use his exertions to procure the establishment of a Post Office in Webbville, in the County of Jackson; also a renewal of his exertions to procure the establishment of