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án Act to prevent the violent and unlawful taking of per* sonal property.
An Act for the relief of Silas Weeks of Columbia county, An Act to authorize John N. C. Stockton to establish a ferry across the Choctawhatchie river at the cow-ford.
An Act to admit Richard G. Wellford to practice as an Attorney and Counsellor at law.
An Act to incorporate the Washington Lumber company.
An Act to authorize and permit Francis J. Ross to build a bridge across the Suwanee River at the Gadsden springs.
An Act to incorporate the East and South Florida Canak company.
An Act incorporating the Franklin Bank of Florida.
An Act to provide for the more effectual protection of the frontier.
An Act to amend the several Acts heretofore passed in refation to the Bank of Pensacola.
A resolution authorizing the payment of a sum of money therein mentioned to William P. Duval.
An Act regulating the fees of Notaries Public in the Territory of Florida.
An Act to provide for the compensation of the Members of the Legislative Council, and for other purposes,
An Act to incorporate the Florida Transportation company.
An Act to amend an Act to incorporate the St. Augustine and Picolata Rail-Road company.
An Act concerning School Lands.
An Act to amend an Act to incorporate the Central Bank of Florida.
An Act to take the sense of the people of this Territory on the policy and propriety of becoming a State.
An Act to amend an Act entitled an Act, to amend the charter of the Southern Life Insurance company.
An Act to amend an Act entitled an Act to incorporate a company to be called the St. Andrew's and Chipola Canal company.
R. K. CALL. Also the following message:
To the Hon. Legislative Council. The bill relating to Auction duties in the conoluding part of the second section, exempts the produce of the soil of the Territory from Taxation. The bill in its present shape, alt
fords facilities in the sale of the produce of the Territcry; which are refused to that of the States without the payment of a tax: thus creating a distinction in favor of Territorial products in direct violation of a provision of the Constitution of the United States upon this suljcct. The income arising from sales at Auction constitutes one of the principal sources of the revenue of the Territory. This has ever been regarded as a proper subject for taxation, and although the present assessment may be too high, I cannot approve of its repeal to the extent proposed in this bill.
R. K. CALL. The yeas and nays being taken on the passage of said bill in opposition to the veto of the Governor, were, Ycas Messrs. Campbell, Gilliland, Johnson, Kenan, Long, Macon Read, Shehee, Stewart, Taylor and Wright, 11. Nays, Messrs. President, Brown, "Downing, Fernandez, Fitzpatrick, Fontane, Hart, Levy, Marvin, McNeill, Robinson, Tabor, Williams, and Wood, 14. So said bill is lost. Also the following message:
Feb. 12th 1837. . To the Hon. Legislative Council.
GENTLEMEN, I have rejected, after careful examination, the Act entitled an Act to authorize the County Court of Leon county to dispose of a certain portion of the public square, laid out for the Court House in the City of Tallahassee, to enable the county to build a Court House and Jail. The belief that no alteration would be made in the original plan of this part of the town, gave an excessive value to the lots adjoining, and caused them to sell for a much higher price than they would otherwise have done. The Secretary has already received the advantage of this supposed value, and it is believed that the provisions of this Act, if carried into execution, would greatly impair the value of the adjacent lots, and do injustice to the proprietors. For these reasons the Act is disapproved.
R. K. CALL. Which was read, whereupon the yeas and nays being taken . on the passsge of said bill in opposition to the veto of the Governor, were, Yeas,Messrs. President, Campbell, Downing, Fernandez, Fontane, Hart, Johnson, Kenan, Levy, Long, Macon, Marvin, Read, Robinson, Stewart, Taylor, Tabor and Williams, 18. Nays, Messrs. Brown, Fitzpatsick, Gilliland, McNeill, Shehee, Wood and Wright, 17. And said bill having a majority of two-thirds of all the members of this House, is passed.
Also the following communication :
Feb. 12th, 1837. - To the Hon. Legislative Council.
GENTLEMEN. After a careful examination of the bill entitled an Act to aid the administration of Justice in Monroe county, I have been enabled to arrive at the conclusion that it should become a law. .
This bill proposes to create a jurisdiction in certain criminal cases, in the county Court of Monroe, and to direct a prosecution peculiar to tlrat county.
No adequate reason is perceived, for this departure from the laws of the Territory, regulating criminal prosecutions.
The laws of the Territory should be uniform in their application and their mode of operation, and the same in every district and county, should laws of this nature receive favorable consideration and sanction of the Legislative, in a few years, each town and county might have a system of law, peculiar to itself, and thus destroy that uniformity which should constitute the excellence and beauty of every code.
In addition to the foregoing objections it is believed that the jurisdiction proposed to be given to the county Courts of Monroe county, is in violation of the organic law, conferring criminal jurisdiction on the Superior Courts. The bill is therefore rejected.
R. K. CALL. Whereupon the yeas and nays being taken on the passage of said bill, in opposition to the veto of the Governor, were
son, Tabor, Taylor and Williams, 8. Nays, Messrs. President, Brown, Campbell, Downing, Fitzpatrick, Fontane, Gilliland, Hart, Johnson, Kenan, Levy, Long, McNeill, Shehee, Stewart, Wood and Wright, 17. So sáid bill is lost. Also the following:
Feb. 12th, 1837. To the Hön. Legislative Council. GENTLEMEN, The bill entitled an Act to authorize John Bellamy to render the Ocilla river navigable, contains the following provision in the 9th section, That if the said John Bellamy, his heirs or assigns, shall find it necessary, to use any part of the improvements contemplated in the charter of the incorporation of the Wacissa and Ocilla navigation company, or if said company be under the necessity of using any part of the improvements of the said John Bellamy, his heirs or assigns then the payment of the feos, tolls, &c. in either erent shall
shall be the Legisltures
and it is hereby declared to be subject of contract, between the parties, that if they can not agree upon the terms, it is hereby made the duty of the Judge of the middle district of Florida, to decide as umpire between them.
The authority proposed to be given in this bill, to use the improvements of the Wacissa and Ocilla Navigation company, and the manner in which the respective rights are directed to be adjusted, is believed to be a violation of the chartered rights of the last mentioned company. The Coun: cil having authorized that company to make certain improvements, cannot now (unless provided for in the original charter) prescribe the manner in which the rights of others to use said improvements, shall be determined.
Neither is it competent for the Legislature to enact that particular conflicting interests of this nature shall be determined in a manner different from that to be resorted to in the adjudication of ordinary cases. The bill is therefore returned for amendment.
R. K. CALL. Which was read, and the yeas and nays were taken on the passage of said bill, in opposition to the objection of the Governor, and were, Yeast Messrs. Downing, Fernandez, Fontane, Johnson, Kenan, Levy, Long, Macon, McNeill, Read, Robinson, Shehee, Stewart, Tabor, Williams and Wood, 16. Nays, Messrs. President, Brown, Campbell, Fitzpatrick, Gilliland, Hart, Marvin and Taylor, 9. So said bill not being passed by a majority of two-thirds of all the members of this House, is lost. Also the following communications:
To the Hon. Legislative Council. GENTLEMEN. I nominate for Tressurer of the Territory, Charles Austin. For Commissioner of the Tallahassee Fund, Leslie A. Thompson. For Judge of the County Court of Leon County, Robert Butler, Sen.
R. K. CALL. Advised and consented to.
To the Hon. Legislative Council. GENTELMEN.. : | nominate the following individuals for the offices attached. to their respecetve names,
MUNROE COUNTY. Justices of the Peace.—John Dubose, L. Windsor Smith, Notary Public.-L. Windsor Smith.
Port Warden.- Joseph Appleby.
R. K. CALL. Which without going into secret session were read, and the House advised and consented to the nominations therein made.
On motion of Mr. Wright it is ordered that a select committee be appointed to wait upon his Excellency the Governor, and inform him that this House is now ready, to adjourn sine die, and to know if he has any further communications to make. Messrs. Wright, Fitzpatrick and Macon, were appointed on that committee. Mr. Wright from the committee appointed to wait on His Excellency the Governor reported that that duty had been performed, and that the committee were informed by His Excellency that he had no further communications to make.
Mr. Wood having taken the chair, Mr. Read offered the following resolution:
Resolved, unanimously, that the thanks of this House be tendered to the Hon. Jackson Morton, for the able, dignified and impartial manner, with which he has presided over the deliberations of this House, during the present session.
Which was read and adopted unanimously
Mr. President resumed the chair, and in an able, eloquent and pathetic address made his acknowledgements to the House for the hearty co-operation of its members in the performance of their public functions, for the harmony and good will, which prevailed among them, for the indulgence with which he had been regarded in the performance of the duties of his station, and expressing the hope that their united tabor might advance the public interest, and that upon the return of the members to their respective homes, they might be greeted with cheering friends and healthful and smiling families.
On motion of Mr. Fitzpatrick the House then adjourned sine die.
JOSEPH B. LANCASTER.