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mr. Tabor pursuant to previous notice asked and obtained leave to introduce a hiil entitled, “an act amendatory and explanatory of the militi: laws now in fórce in this Territory." which was read and ordered for a second reading on to morrov.

mr. Morton pursuant to previous notice asked and obtained leave to introduce a bill entitled, “an act to amend an act declarins Juniper creek in E cambia county a navigable stream,” which was read and ordered for a second reading to morrow.

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 committre on Banks to whom the same had been refirred, reported fi vourably and without aniendment a bill entitled, “an act to aller the charier 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 Terri. tory, to whom the subject hac becl referred, reported a bill entitled, an act to repeal an act to establish a lerry over the Wauculla river, at St. Marks," which report was concurred in and said bill was read and ordered for a second reading to morrow.

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

Be it resolved by the Legislative Council, That the inemori. al of R. B. Kerr, iogether with the accompanying map, be fors wa,ded to the Honourable Joseph M. While, 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.

A bill entitled, “ an act to enable esecutors, adninistrators, and guardians to sell the real estate of infants,” was again read and ordered for a third reading to inorrow.

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 there. on, and alter 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 ihe 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 commitice rose, and mr. Morton therefrom reporteri 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 staled.

A bill entitled, “ un act to amend an act entitled, an act to esta blish a lariff of fees, passed February 14th 1834,” was again read anii ordered for a third reading on to morrow.

A resolution heretofore introduced by mr. Dennis. and ordered on yesterday to be reconsidered : was on nution 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 pissed; ordered that the lille be as before stated.

A bill entiiled, “ an act amendatory of the several acts relaring 10 the school lands in the Territory of Florida,” and

A bill entitled, “ an acl 10 grant a lease of two sections of the sehool lands, to J. A. L. Norman, for the purposes of educalion,” 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 eritiiled, “an act to improve the capitol square in the city of Tallahassee and for other purposes,” was read the second ume; 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 man. ner afier the word "exceed" the words “ one hundred and filiy or” in the third section, were on motion of mr. Smith, fitricker! out and said bill was read the third lime, the rule bem ing waived, and passed : ordered that the title be as above sta

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. Beribeloi, Blount, Brown of Columbia, Burritt, Dennis, Dowuing, Higginbotham, Hunter, Jobuson, Kenan, Morton, Ramsey, Smith, Tabor and Walker-16. Näys messrs Brown of Jackson, Holloman, Macor, M'Cants and M'Neil-5. So said bill is passed : ordered that the title he as above slated.

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 he as above stated.

A bill entitled, “an act in amend an act to regulate proceedings in Chancery, approyed Nov. 71h 1823," 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 Floridir, called into the service of the United Stales, 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. is.

13.

The following message was received from His Excellency the Guvernor: A

EXECUTIVE OFFICE, ?

Tallahassee, 10th Feb. 1836. To the Legislative Council:

On the 15th ult a law was passed authorizing the Executive 10 call into service such force as he might consider necessary, to suppress Indian hostilities. Inmediately, steps were laken to cause the law to be esecuted, and compel into the field, liom the Territory west of the Suwannee, five hundred and eigliny troops. Nearly one inonth has elapsed, and out more than two hundred & thirty have appeared. --less thallall the number, that was required. Even from this county the quota caliell für is incomplete. Fron Jefferson county scarcely a third of the demanded force are present; and from Escribia, whence sixty were required, not one is presenı tör durv.

À law to be efficial must contain an adequate penalty : that which is contained in the larw under which the present force is being organizeil, is ineffectual and insufficient. It de. clares that if penili v not exceeding Filiy Dollars, and to be assessed by it court marial, shall be imposed. It will readily occur in 2011, that in conies opposed to entering the service, the fine ribe mposell, all being interested, will be merely 10minal. Even if they be extensively large as is the limit by law, the same is 100 small 10 enforce personal service. But in some instances neither service, nor penalıy is regarded, or attended ton.

Hiving at the time the act was passed, pointed out to the Legislatire, the inconveniences which were then ansicipated, and which have since occurreri, I forbear w detail any plan, leaving it rather to the Council to devise some legal mode, by which 10 enforce from the citizens personal service at this importal!. juncture.

While one portion of the community may put the law at defiance; any other mav ossert a similar righe. This is peculiary the case with the troops from Jefferson. Seventy !w0) were called Bür, and twenty vine only are present, leaving forty three persons absent. Those who are here murmer and com. plain at this state of things, and demand to kuow why more is exacteil from them. Thisn from others, and insist ihai those others be also compelled in:o service. But how can this be done? It is said that the governor has power to call for iroops

so he hus, hui calling, they may not appear, and do not appear. The only remedy is 10 make a law suit with them before a court martial, which court has ine power to impose a fine of nol more than fifty Dollars: it may hence he any in. · termediale penaliv between One Cent and Filiy Dollars; and in counties where sich general repugnance is had to military service, it is most obvious that the fine to be iniposed will be inconsiderable and wholly inadequate to the purpose, to be obtained. It the fine was fixed at One Hundred Dollars, and at once 10"be collected by oriler given to any Marshal or Sheriff ; or on failure to pav, or find a substitute, the party to be declar. ed in service and inerealier subject to military law, the require , ed force might be raised; and without soine measure of this kind it is folly to attempt the raising an effuctual force.

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

JOHN H. EATON. Which with the accompanying letters was read and referred to the militia corniittee.

mr. Burritt from the select committee to whom was referred a bill enritled, “an act respecting certain records in the clerk's office in Columbia County,” reported the sanje in the House with amendment, which report was concurred in, and said bill read a second time, and ordered for a third reading wo 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 ibud time and passed : ordered that the title be as above staled.

a bill entitled, “an act 10 enable executors, administrators and guardians to sell the real estate of infants,” was referred to a committee of the whole : the House went into conmittee thereon, afier some time spent therem lhe commillee rose, and mr. M'Cants therefrom reported suid bill 10 the House amended: which report was concurred in and saic! bill read the second and third times (the rule being waived) and passed: videred ibat the title be as above stated.

mr. Morton moved to postpone indefinitely the following bills :

A bill entitled, " an act to anthorize the executors of Thomas W. Seabrook to sell bis estale both re:il and personal.”

A bill entitled, “an act 10 authorize the yuardians of the min nor heirs of Sextus Kemp deceased, 10 sell certain real estate."

A bill entitled, “au act for the relief of the heirs of Sharod M'Call deceased,"

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 bicirs of Adam Hunter deceased," and

A bill entitled, “an act for the relief of the widow and heir of William Smith deceased," which 10110n prevailed: aud said bills are ordered 10 be indefinitely postponed.

A bill “10 incorporate the Allantic 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 ways being called on said motions by messrs. Berthelot and Downing; were Yeas mr. President, messrs. Blount Brown of Culuubiit, Browar of Jackson, Burrilt, Dwning, Hollowan, Hunter, M'Neil, Morton, Ramsey, Smilli, Tabor, Walker and Wood-15. Nirvs messrs. Berthelot, Dennis, Duval, Higginbotham, Jobnsuli, Keran, Mucon una M'Cants -8. So said bill is list.

A bill entitled, “an act to regulate the patrols of the Territory of Florida,” was referred to a commilce of ide whole : the House went into committee thereon : slier some uime spent therein the commillee rose, and mr. Blount thereftum reported progress and asked leave lo sit again, which rejort vas concurred in by the House.

A bill enlilled, "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 hy striking out the second section, no one dissenting therelo, and read a third time and passed : ordered that the file be as above stated.

A bill entitled, "an act 10 incorporate the East Florida Silk company," was read the second live and relcrred to a committee of the whole House : the House went into commitee thereon; alter 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 10 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 niorrow.

A bill entitled, “an act lo 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 staied.

A bill entitled, “ an act to alter the charter of the life insurance and trust company,” was read the third time and passed: ordered that ille tille be as abuve stated.

A bill entitled, “ an act 10 repeal an act 10 establish a ferry over the Wauculla river, at St. Marks,” was again read and ordered for a third reading to morrow.

A bill entitled, “an act to establish a tariff of lees, passed Feb. 141h 1834,” was referred to a commillee of the whole : the House went into conmiliee thereon, alier some time spent therein, the committee rose, and mor. Smilh therefrom reporied 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. Burrill and Dennis, were Yeas mr. President, messrs. Berthelot, Dennis, Duval, Higginbotham, Holloman, Hunter, Johnson, Kenan, Macon, M'Canis, M'Neil and Tabór-13. Nays messrs. Blount, Brown of Columnbia, Brown of Jackson, Burritt, Downing, Morton, Ramsey, Sn:ith, Walker und Wood-10. So said bill is lost.

An engrossed bill entitled, “ an act to amend an act to in.. corporate the Centrai Bank of Florida,” was read the bird time : the yeas and nays being required on its passage by miessrs. Wood and imith, were Yeas messrs. Beribeloi, Blount, Brown of Columbia, Burrill, Dennis, Downing, Macon, Mora ton, Ramsey and Wood-10. Navs mr. President, messrs. Brown of Jackson, Duval, Higginbothan, Holloman, Hunier, Juhuson, Kenan, M'Cants, M'Neil, Smith, Tabor avd Walker -13. So said bill is lost.

mr. Presider: 1 laid before the House the following message from the Governor;

EXECUTIVE OFFICE, Z

Feb. í oth 1836. 3 To the Legislative Council :

An award of certain arbitrators, and the report of the adjutant on the claim of B. G. Thorlon, 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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