« AnteriorContinuar »
tioned.” was rend the second time and referred to the
A bill entitled, “An Act to organize a County in bo called Pinkrig County," was read the second line 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 ilirii time and passed : videred that the lille.be as above stated.
A bill entitled, “ An Art 10 prevent trespasses and de. preditions on lauds within the jurisdiction of the Terriim. ry of Florida.” was read he second time and ordered for a third reading on Monday 110x1.
An Engrossed bull cuttled, “ An Art to prohibit the cir. culino11 of prendiniy publications,” was read the third time and passed : ordered thus the title be as above set furth.
A will entitled, “ An Act to authorize the guardian or Tuior of the minor heir of Dani-| E. Burch deceased, to sell the roral estate of the said heir within this Territory and fur other purpose:," was read the third time and passed: ordered that the title be as above set forth.
A bill puiitled, “ An Act to incorporate the Florida In. suralice and Banking Company," was on, motion of Mr. Murton postponed until Monday next.
A bill entitied, “ An Ace to organize the Tallahassee Guards," uits read the second and third time (ihe rule be. ing waived for that purpose.) The Yeas and Nays being required on iis passage by Messrs. Brown of Columbia, and Biount, were Yeas Mr. President Messrs Berthelot, Blount, Burrili, Dennis, Duval, Hawkins, lligumubotham,
Rimsey-15. Noy's Messrs. Brown of Columbia, Jubile 801, M'Neil, Tabor and Walker-5. So said bill is pass ed : ordered that the title be as before set forth.
Thir House then adjourued until Monday next at 12 o'clock.
' Monday, January 25. The House met pursuant to adjouron.ent, a quorum being present, the Journal of Saturday's proceedings was read,
Mr. Duval asked and obtained leave, wirbout previous nolice (the rule being for that purpose waived) to intro. duce a bill entitled, “ All Act for the reliet of James S. Freshwater," which was read and referred to the Judiciary comuniltee.
Mr. Morton asked acd obtained leave to introduce with. out previous notice (:he rule being therefor waived) a bill epliilud, • A2 Aul lu dgupd act calilled an act de
mend an act entitled an act to organize and regulate the militia of the Territory of Florida, and to repeal an act passed Ist February 1832, ind for other purposes,” which the rule being waived for tbal purpose, was read the first and second time, and ordered for a third reading on to
Mr. Berthelot pursuant to previous notice asked and obtained leave to introduce a bill entitled, " An Act to alter aud amend an acı 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 insliurlions to examine all the acts of the Legislative Council in relation to the election and appoivtnient of militia officers, and ascertain in what manner they conflict with the acts of Congress, for the government of the Telritory 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 Lourts, Justices of the Peace, Kecpers of the Public Archives and Brigadier Generais, dues not belong to the people, by virtue of the acts of Congress.
RESOLVED, That said committee be instinted to ille quire into the most efficient manner vf organizing ibe militia of the Territory, and that so much of the annual message of the Governor acd the SPECIAL message of the llib ist, is relates to the organization of the militia be relerred 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. Theielore
RFSOLVED, That the Delegate in Congress be request:ed to use his exertions to obtain the passage of-an act of
Congress, au: borizing ine 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 jeported as correctly Euroled :
“An Act supplemental to the several acts, organizing the militia of the Territory of Florida."
" An Act 1c organize the Tallahassee Guards,” and
“ An Act for the settlement of certain claims therein stated,” also a
"Resol:tion 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
" Resolutions authorizing a select committee to purchase and distribute on account of the Territory, all the rifles, muskels 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-morrow.
A bill entitled, “ An Act for the relief of Paul M'Cormirk, of Leon County," was, on motion of mr. Duval postponed and made the order of the day for tomorrow.
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:
EXECUTIVE OFFICE, O
TALLAHASSSE, 25th Jan. 1836. } To the Leg. Cou. of Florida :
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 inexpeiini. Legislation for i he benefit and advancement of particular individuals, in reference to matters 'vhich afirct 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 indeperdunt Regiment of Vorunteers, the officers of which, as may probably have been intended, are io be chosen by the Volunteers. In the shape in which it is presented, it is equivolent to a declaraljon, that the persons mentioned in the hill shall be commanders of the Regiment to be raised; because, he in serence 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 prenared to say otherwise. The gentlemen selected and named, may be and doubtless are efficient, worthy, and gallant men . and capable lo take upon themselves the high and responsible frust, of leading to the field ihe proposed Regiment. But is it justice to the rest of the communi yio enac: a law which conceies 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 altoge her of different impuri and character, and afto ds to other ci'iuens inst round of complaint. The one would open the field o as much worth and meril, as could come forth; the other, ends 10 clos- the door of compeli on, by excluding fro'n the ranks hose who might be indisposed to jjeld the righ into the hands of such persons as might berharzed with rai; ng ihe force.
Anviher object op forcibly arises. By the terms of a law passed within a lew days, and under the provisions of which. your present force for the tied is organising, au horily is given 10 make draft, and r-ceive volunteers, for a service of six inonths. Most truly is it hoped and believ-d, that the frontier di turbances, which now unhappily prevail, will not probably con in a third of the time, yet i: is in conformity to the ordinary usares 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 ihe campaign a moineni bevonal he peri d which Access ty may impose. The war mist, necessarily prove expensive, and, as ear ? a: possible, the desire of the Government will he to terminate the contest. Wi h energy and activity it cannot endure beyond sixty days. Such is frankly my opinion. The fac is not to be disg: jsed that a bill to raise a force but fir sur months, must unq'estionably trammel one, which demands aservice of six months.
A country possessed of large population m'ght r adily encounter the inconven'ences of those differ: nces as .o the service; but here it is otherwis? - Florida presents a sparse populaijn. One fifth of those who legally are requirel'o bea: arms have been cail. ed for under the provisions of your first general law; anil jus' at the moment when that call was a'ont to be met, the people are warned tha: there is a better b'll and one of more limite! service for the soldier; and vaunting declarations are made, tat whe her it he opproved or not, there is a power in the Council to controlal Executive objection 3.-Be ii so! Who can, or has a right!.. -peak, officially, or confidently of ihe views and intentions of h Luislature. I know no:: I is enogh for me to perf rm, wha a sense of duty to myse'f and to he people of this Terri ory, in my huble es imate of things, ieq ires, and liavito others, a perform nie of their respec ive trusts. B'il to your linowl dge of ma ers perhaps, inuch better tiian my own, is its biniled, whe hirit is in te ranse. of equitable remand to require a serv ce of six monihs froin one portion.fihe communi'y, and a r du red service of but four from another, at one and he same ime; and whe her at a moment of ailmitied peril and anxiety and when ad is sought for in oth Staies, of ih s Union, such a discrepancy may not have t'e effect to eubarrass tho e measures and that action which to be carried out speedi y, is of vast importance to the commiinliy.
One of the cogent reasons urge I for his bill b-fore ihe people, to indure then to its support, is that to them belongs the right of elec ing their offcers.-) is no so! such may have been the intention of i's forin, rs, 'ut is the law be carefully loved into, i will be seen, 'hat the field and staff officers ar:: to be e'eted by th captạins. f compan es, and not by tho-e who vo'unteer. It is not pssi. 1,1 for i to hear any other construction when examinestly int-lligent persons; and is alvocates, with aview to uphori it before the people, sh ull not urge bar construc ion which evi en 'y, as I be. jieve, it is incapable of heiring
B'il a ain let me enquir', van this Ls ist nure, in pursuance of any pow:r they posse s, organi can Independant volunteer Regimeni. Nos ate las archto make wa, or to keep trops in the field except in line of war of which Congress alone possessessing
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: isadvised. T'h in they may b discharge l or receivel, and if re eived, can be organise i under his authority, and under the acts of Congress now in force. Bui until an action is had in the President or Congress, no organisation of In dependent Volunteer R giments can take place. The onlylegal reliance (or the present, unus be on the drafted or volunteer wiitia, wit'ı such exp.anatory and aiding laws, as it may be the pl asure of the counci: to pass.. I enteriain the opin
enact laws, by which to pledge themoney and resources oi' the general give pment. The law now ubmited for my consid rition 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 cousideration of said message and the bill therein referred to was postponed until to morrow.
The House then adjourncd unul to-morrow at 11 o'clock.
Tuesday, January 26. The House me: pursuant to adiounident, a quorum being present, the Journal of yesterday's proceedings was read.
Mr. Tabor gave notice that he will og 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 Canai Company."
Mr. M'Cànts pursuant to notice heretofore given, asked and obtained leave to introduce a bill cotitled "An Act
for the Territory of Florida, pissed February 10 h 1832, aud 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 Mullaitoes into this Territory and for other purposes, passed February 7th 1832,” which was read and referred to the Judiciary comınittee.
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 oí St. Johns river; which was referred to the cominittee 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