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mr. Tabor pursuant to previous notice asked and obtained leave to introduce a bill entitled, "an act amendatory and explanatory of the militia laws now in force in this Territory." which was read and ordered for a second reading on to mor

row.

mr. Morton pursuant to previous notice asked and obtained leave to introduce a bill entitled, "an act to amend an act declaring Jumper creek in Escambia county a navigable stream,' which was read and ordered for a second reading to morrow.

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mr. Blount from the committee on Finance reported a bill entitled, an act for the compensation of the members and officers of the council and for other purposes," which was read and ordered for a second reading on Friday.

mr. Wood from the committee on Banks to whom the same had been referred, reported favourably and without antendment a bill entitled, an act to alter the charter of the life insurance and trust company," which report was concurred in and said bill was read a second time and ordered for a third reading on

to morrow.

mr. Morton from the committee on the state of the Territory, to whom the subject had been referred, reported a bill entitled, an act to repeal an act to establish a ferry over the Wauculla river, at St. Marks," which report was concurred in and said bill was read and ordered for a second reading to mor

row.

Also, from the same committee to whom was referred the memorial of R. B. Kerr, reported the following resolution :

Be it resolved by the Legislative Council, That the memorial of R. B. Kerr, together with the accompanying map, be for warded to the Honourable Joseph M. White, with the request that he make such disposition of the same as he may think right and proper.

Which report was concurred in, and the rule being waived, said resolution was considered and adopted.

Certain resolutions relating to the Econfeeno river, heretofore offered by mr. Tabor were again read and adopted.

The resolution offered on yesterday by mr. Macon was again read and lost.

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A bill entitled, an act to enable executors, administrators, and guardians to sell the real estate of infants," was again read and ordered for a third reading to morrow.

A bill entitled, "an act in further addition to the acts now in force regulating judicial proceedings," was referred to a committee of the whole; the House went into committee thereon, and after some time spent therein, rose and mr. Berthelot therefrom reported said bill to the House amended, which report was concurred in, and said bill was read the second and third times, the rule being waived, and passed: ordered that the title be as above stated.

The House in committee of the whole took under consideration a bill entitled, "an act to alter and change the terms of the superior courts for the Middle District of Florida," after some time spent therein the committce rose, and mr. Morton therefrom reported said bill to the House amended; which report was concurred in, and said bill was read the second and

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third times, the rule being waived, and passed: ordered that the title be as above stated.

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A bill entitled, an act to amend an act entitled, an act to establish a tariff of fees, passed February 14th 1834,” was again read and ordered for a third reading on to morrow.

A resolution heretofore introduced by mr. Dennis. and ordered on yesterday to be reconsidered: was on notion of mr. Morton ordered to be postponed until Monday next: so said resolution is lost.

A bill entitled, "an act to establish and organize a corps of military exempts in the city of St. Augustine," was read the third time and passed; ordered that the title be as before stated.

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A bill entitled, "an act amendatory of the several acts_relating to the school lands in the Territory of Florida," and A bill entitled, an act to grant a lease of two sections of the school lands, to J. A. L. Norman, for the purposes of education," were severally read the second time, and ordered for a third reading on Thursday next: and 25 copies of each are ordered to be printed.

A bill entitled, "an act to improve the capitol square in the city of Tallahassee and for other purposes," was read the second time; when on motion of mr. Downing the first section thereof was amended by striking out after the word treasurer, the words "and auditor," no one dissenting, also in like manner after the word "exceed" the words "one hundred and fifty or" in the third section, were on motion of mr. Smith, stricken out and said bill was read the third time, the rule being waived, and passed: ordered that the title be as above stated.

A bill entitled, " an act for the relief of Albert G. Tomlinson, was read the third time: the yeas and nays being required on its passage by messrs. Berthelot and Macon, were Yeas mr. President, messrs. Berthelot, Blount, Brown of Columbia, Burritt, Dennis, Downing, Higginbotham, Hunter, Johuson, Kenan, Morton, Ramsey, Smith, Tabor and Walker-16. Nays messrs Brown of Jackson, Holloman, Macor, M'Cants and M'Neil-5. So said bill is passed: ordered that the title be as above stated.

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A bill entitled, an act to amend an act regulating the mode of suing out writs of error and prosecuting appeals in the Territory of Florida," was read the third time and passed: ordered that the title be as above stated.

A bill entitled, "an act to amend an act to regulate proceedings in Chancery, approved Nov. 7th 1828," was again read and ordered for a third reading on to morrow.

A bill entitled, "an act for the relief of the militia and volunteers of Florida, called into the service of the United States, during the present Indian war," was read the third time and passed ordered that the title be as above stated.

The House then adjourned until to morrow morning at 10 o'clock.

Wednesday, February 10.

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

The following message was received from His Excellency the Governor :

EXECUTIVE OFFICE,
Tallahassee, 10th Feb. 1836.3

To the Legislative Council:

On the 15th ult a law was passed authorizing the Executive to call into service such force as he might consider necessary, to suppress Indian Fostilities. Immediately, steps were taken to cause the law to be executed, and compel into the field, from the Territory west of the Suwannee, five hundred and eighty troops. Nearly one month has elapsed, and not more than two hundred & thirty have appeared.-less thau half the number, that was required. Even from this counFron Jefferson county ty the quota called for is incomplete. scarcely a third of the demanded force are present; and from Escambia, whence sixty were required, not one is present for dutv.

A law to be effectual must contain an adequate penalty: that which is contained in the law under which the present force is being organized, is ineffectual and insufficient. It de. clares that a penalty not exceeding Fifty Dollars, and to be assessed by a court martial, shall be imposed. It will readily occur to you, that in counties opposed to entering the service, the fine to be imposed, all being interested, will be merely nominal. Even if they be extensively large as is the limit by law, the same is too small to enforce personal service. But in some instances neither service, nor penalty is regarded, or attended to.

Having at the time the act was passed, pointed out to the Legislature, the inconveniences which were then anticipated, and which have since occurred, I forbear to detail any plan, leaving it rather to the Council to devise some legal mode, by which to enforce from the citizens personal service at this important juncture.

While one portion of the community may put the law at defiance, any other may assert a similar right. This is peculiary the case with the troops from Jefferson. Seventy two were called for, and twenty nine only are present, leaving forty three persons absent. Those who are here murmer and complain at this state of things, and demand to know why more is exacted from them, than from others, and insist that those others be also compelled into service. But how can this be done? It is said that the governor has power to call for troops —so he has, but calling, they may not appear, and do not appear. The only remedy is to make a law suit with them before a court martial, which court has the power to impose a fine of not more than Fifty Dollars: it may hence be any intermediate penalty between One Cent and Fifty Dollars; and in counties where such general repugnance is had to military service, it is most obvious that the fine to be imposed will be inconsiderable and wholly inadequate to the purpose, to be obtained. If the fine was fixed at One Hundred Dollars, and at once to be collected by order given to any Marsbal or Sheriff; or on failure to pay, or find a substitute, the party to be declar ed in service and thereafter subject to military law, the required force might be raised; and without some measure of this kind it is folly to attempt the raising an effectual force.

For information to the Council, I lay before them letters upon this subject, lately received from James L. Parish and George E: Chase colouels commanding in the counties of Jefferson and Escambia.

JOHN H. EATON.

Which with the accompanying letters was read and referred to the militia committee.

mr. Burritt from the select committee to whom was referred a bill entitled, "an act respecting certain records in the clerk's office in Columbia county," reported the same to the House with amendment, which report was concurred in, and said bill read a second time, and ordered for a third reading to day. A bill entitled, an act to authorize the county court of Jackson county to levy a tax for the building of a jail and for other purposes, was read the third time and passed: ordered

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that the title be as above stated.

A bill entitled, "an act to enable executors, administrators and guardians to sell the real estate of infants," was referred to a committee of the whole: the House went into committee thereon, after some time spent therem the committee rose, and mr. M'Cants therefrom reported said bill to the House amended: which report was concurred in and said bill read the second and third times (the rule being waived) and passed: ordered that the title be as above stated.

mr. Morton moved to postpone indefinitely the following bills:

A bill entitled, "an act to authorize the executors of Thomas W. Seabrook to sell his estate both real and personal."

A bill entitled, "an act to authorize the guardian of the mis nor heirs of Sextus Kemp deceased, to sell certain real estate." A bill entitled, an act for the relief of the heirs of Sharod M'Call deceased,"

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A bill entitled, "an act for the relief of the heirs of Hezekiah Wilder deceased."

A bill entitled, "an act for the relief of the heirs of Adam Hunter deceased," and

A bill entitled, "an act for the relief of the widow and heir of William Smith deceased," which motion prevailed: aud said bills are ordered to be indefinitely postponed.

A bill "to incorporate the Atlantic and Gull of Mexico RailRoad company," was taken up from the orders of the day: mr. Downing moved the indefinite postponement of the same the yeas and nays being called on said motion by messrs. Berthelot and Downing; were Yeas mr. President, messrs. Blount Brown of Columbia, Brown of Jackson, Burritt, Downing, Holloman, Hunter, M'Neil, Morton, Ramsey, Smith, Tabor, Walker and Wood-15. Nays messrs. Berthelot, Dennis, Duval, Higginb them, Johnson, Keran, Macon and M'Cants -8. So said bill is lost. A bill entitled, an act to regulate the patrols of the Territory of Florida," was referred to a committee of the whole: the House went into committee thereon: after some time spent therein the committee rose, and mr. Blount therefrom reported progress and asked leave to sit again, which report was concurred in by the House.

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A bill entitled, "an act to amend the act entitled an act in

corporating the town of Appalachicola," was on motion of mr. Wood, amended in the House by striking out the second section, no one dissenting thereto, and read a third time and passed ordered that the title be as above stated.

A bill entitled, "an act to incorporate the East Florida Silk company," was read the second time and referred to a committee of the whole House: the House went into committee thereon; after some time spent therein, the committee rose, and mr. Downing therefrom reported said bill to the House, asked that the committee of the whole be discharged from the further consideration thereof, and that the same be referred to the committee on Banks: which report was concurred in by the House.

A bill entitled, "an act amendatory and explanatory of the militia laws now in force in this Territory," was again read and ordered for a third reading on to morrow.

A bill entitled, "an act to amend an act declaring Juniper creek in Escambia county a navigable stream, was read the second and third times (the rule being waived) and passed: ordered that the title be as above stated.

A bill entitled, "an act to alter the charter of the life insur ance and trust company," was read the third time and passed: ordered that the title be as above stated.

A bill entitled," an act to repeal an act to establish a ferry over the Wauculla river, at St. Marks," was again read and ordered for a third reading to morrow.

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A bill entitled, "an act to establish a tariff of fees, passed Feb. 14th 1834,' was referred to a committee of the whole : the House went into committee thereon, after some time spent therein, the committee rose, and mr. Smith therefrom reported said bill to the House with the enacting clause stricken out: the yeas and nays being required on concurring with the report of the committee, by messrs. Burritt and Dennis, were Yeas mr. President, messrs. Berthelot, Dennis, Duval, Higginbotham, Holloman, Hunter, Johnson, Kenan, Macon, M'Cants, M❜Neil and Tabor-13. Nays messrs. Blount, Brown of Columnbia, Brown of Jackson, Burritt, Downing, Morton, Ramsey, Smith, Walker and Wood-10. So said bill is lost.

An engrossed bill entitled, " an act to amend an act to in.. corporate the Central Bank of Florida," was read the third time the yeas and nays being required on its passage by messrs. Wood and Smith, were Yeas messrs. Berthelot, Blount, Brown of Columbia, Burritt, Dennis, Downing, Macon, Morton, Ramsey and Wood-10. Nays mr. President, messrs. Brown of Jackson, Duval, Higginbotham, Holloman, Hunter, Johnson, Kenan, M'Cants, M'Neil, Smith, Tabor and Walker -13. So said bill is lost.

mr. Presidert laid before the House the following message from the Governor ;

To the Legislative Council:

EXECUTIVE office,
Feb. 10th 1836.

An award of certain arbitrators, and the report of the adjutant on the claim of B. G. Thorton, I herewith lay before you, that the Council may be informed of the result of the investigation that has taken place.

JOHN H. EATON.

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