« AnteriorContinuar »
Mr. Levy, on a former day, offered the following reso-
Resolved, That the committee on militia be directed to pre-
The following resolutions heretofore offered by Mr. Levy,
Be it resolved by the Legislative Council of the Territory of Florida, That in the opinion of said Legislature the requisition of a draft of the militia, now in orders, ought not to be carried into effect.
Be it further resolved, That the Governor of this Territory be, and he is recommended to suspend for the present the order lately issued by him in compliance with said requisition.
Be it further resolved, That a copy of this resolution be transmitted to his Excellency the Governor without delay. Were again read and referred to a committee of the whole House; the House went into committe thereon, after some time spent in consideration thereof, the committee rose, and Mr. Wood, chairman, reported said resolutions with amendments, which report was concurred in by the House, and said resolutions were again read and passed.
Mr. Read moved for leave to be excused from voting on the passage of said resolutions; which leave was granted him by the House.
A bill entitled an Act to indemnify the inhabitants of East Florida for losses sustained during the present difficulties with the Seminole Indians, was on motion of Mr. Read, postponed till to-morrow.
A bill entitled an Act for the relief of the inhabitants of East Florida, was again taken up in the committee of the whole, after some time spent in its consideration, the committee rose, and Mr. Fitzpatrick, chairman, reported the same with amendments, which report was concurred in, and on motion of Mr. Levy said bill was again read the second time, and ordered to be engrossed for a third rcading on to-morrow.
The House then adjourned until to-rorrow morning at 11 o'clock.
TUESDAY, Jan. 24, 1837.
notice that he will on some future day, ask leave to introduce a bill to incorporate the trustees of Gadsden Academy.
Mr. Tabor gave notice that he will on some future day, ask leave to introduce a bill to be entitled an Act to incorporate the Washington Lumber Company.
Mr. Wood gave notice that he will on some future day, ask leave to introduce a bill entitled an Act to incorporate the Florida Transportation Line.
Mr. Shehee gave notice that he will on some future day, ask leave to introduce a bill entitled an Act to establish a ferry at the Flat Ford on the Ocilla River.
Mr. Hart gave notice that he will on some future day, ask leave to introduce a bill to incorporate the St. Johns Land and Lumber Company.
Mr. Long gave notice that he will on some future day, ask leave to introduce a bill to amend an Act incorporating the town of Mariana.
Mr. Read offered the petition of James A. Berthelot and others, praying for permission to raise money by lottery ; which was read and referred to a select committee. Messrs. Read, Macon, Wood, Bryan, and Fontane were appointed on that committee.
Mr. Marvin presented the petition of Mary Thompson praying for a divorce from her husband; which was read and referred to a select committee. Messrs. Marvin, Macon, Bryan, Williams, and Robinson were appointed on that committee.
Mr. Levy moved to postpone the further consideration of said petition to the 1st day of June next. The yeas and nays being required on said motion by Messrs. Levy and Fitzpatrick, were: Yeas, Messrs. Fernandez, Kenan, Levy, Long, Read, Robinson, Shehee, and Tabor, 8-Nays, Mr. President, Messrs. Brown, Bryan, Fitzpatrick, Fontane, Gilleland, Hart, Johnson, Macon, Marvin, Taylor, Williams, and Wood, 13. So said motion failed.
Mr. Macon presented the petition of Catharine Anne Carroll, praying for a divorce from her husband; which was read, and on motion of Mr. Wood, laid on the table till the 4th day of July next. The yeas and nays being called for by Messrs. Macon and Fitzpatrick, on this question, were, Yeas, Mr. President, Messrs. Bryan, Fernandez, Fontane, Gilleland, Johnson, Kenan, Levy, Long, Read, Robinson, Shehee, Tabor, Taylor, and Wood, 15-Nays, Messrs. Brown, Fitzpatrick, Hart, Macon, Marvin, and Williams, 6.
Mr. Wood offered the following resolutions :
Be it resolved by the Legislative Council of the Territory of Florida, That the increased and rapidly increasing population, and the great physical and commercial advantages of
the County of Franklin in West Florida, entitle it to an additional Representative.
Be it further resolved, That the Delegate of this Territory in the Congress of the United States, be, and he is hereby required, to urge and procure the passage of a law authorising such additional Representative. Which were read and ordered for a second reading on tomorrow.
Mr. Marvin from the Committee on Schools and Colleges, made the following
REPORT: The Committee on "Schools & Colleges,” to whom was referred so much of the Governor's Message as relates to the establishment of an University; and to whom, alss., was referred the memorial of R. K. Call, John G. Gamble and others, praying that they may be inocrporated under the name and style of the Board of Trustees of the University of Florida,” respectfully REPORT
That by an Act of Congress, passed March 3d, 1825, an entire township of land, in each of the Districts of East and West Florida was to be reserved from sale, for the use of a Seminary of Learning ; by an act passed January 29th, 1827, it was declared that the lands thus reserved, should be located in sections--the one township East, the other West of the Apalachicola river. These lands have accordingly been located with much judgment, and are believed to be worth at this time not less than $250,000: a fund amply sufficient, if carefully husbanded, to accomplish the benevolent designs of Congress,
At the last session of Congress, a law was passed authorising the Governor and Legislative Council " to sell and convey in fee simple for the benefit of the University of Florida, of which Joseph M. White, R. K. Call, Thomas Randall, John G. Gamble, Thomas Éston Randolph, Louis Goldsborough, Ben. Chaires, Turbutt R. Betton, F. Eppes, E. Loockerman, Pitch W. Taylor, J. Loring Woart, Ashbel Steele and J. Edwin Stewart, are Trustees, any part not exceeding one half of the two townships of land, heretofore reserved and appropriated by Congress for the establishment and support of a Seminary of Learning in the Territory of Florida.
No such University exists, or has ever existed in this Territory. It may, therefore, be a question of doubtful solution, whether the Governor and Council can, rightfully, execute the power contained in the act. The power created is to sell for a particular purpose, for the benefit of an University, that has no being. It can admit of no doubt, however, that, if the Council adopt measures to carry the act of Congress, into effect, they must correspond with the restrictions and limitations contained in the act; and the proceeds of the sale of the Lands must be appropriated to the benefit of an University, of which the persons named in the act are trustees. If, therefore, the lands are sold under the power contained in that act, the Council must incorporate an University, and must make the gentlemen, named in the act, trustees of that University. It is to this extent that the Council is shackelled in its legislation upon this subject, and made the mere echo of the voice of Congress. Your committee cannot, therefore, recommend the adoption of any measures to carry that act into effect.
The memorialists are trustees named in the act of Congress; they pray that they may be incorporated by the name and style of the Board of Trustees of the University of Florida. If their prayer be granted, they are constituted, or at least recognised, by the act of Congress, so often referred to, trustees of the University. It may be doubtful whether there be any discretion left in the Council to appoint trustees others than the ones named. It appears to your Committee, that in a matter of so much importance and general interest to the whole community, as the establishment of an University in the Territory, and its endowment with the public funds, the representatives of the people, should have been left free and untrammelled in the selection of its trustees.
The memorialists state “ they have formed themselves in: to a voluntary association, the usual course in giving origin to a new institution,” &c. with a view to accelerate the establishment of the University. There may be much merit in this: but your committee cannot discover the urgent nécèssity for the establishment of a splendid seminary of learning in this Territory, with an immense endowment, many professors and few pupils. This country is but yet in its infancy: Its geography, and its sources of wealth are but little known. Locate the University now, and in a few years, when a dense population shall overspread the peninsula, the country may have cause to regret the location. Your committee, therefore, recommend the adoption of the following, Resolutions :
Resolved, That it is inexpedient to adopt any measure to carry into effect an act of Congress, passed at its last session, authorising the Governor and Council to sell ihe, lands reserved for a seminary of learning in Florida.
Resolved, That the prayer of the memorialists ought not to be granted. Respectfully submitted,
Chairman. Which was read and agreed to.
Mr. Marvin also presented a memorial to the Congress of the United States, respecting the School Lands, which was read and laid on the table till to-morrow.
Mr. Fitzpatrick, from the committee on Finance, to whom the same had been referred, reported without amendment a bill entitled an act to repeal an act therein mentioned, whiclı was ordered to be engrossed for a third reading on Friday next.
Mr. Fontane from the committee on Enrollments, reported as correctly enrolled, an act to amend the several acts incorporating the town of Monticello, in Jefferson county, and also sundry Resolutions.
Mr. Long from the committee on Internal Improvements, made the following
REPORT: The committee on Internal Improvements to whom was referred the petition of Andrew Welsh, with the accompaning documents, report that they have had the same under consideration, and are of the opinion that the prayer' of 'the petitioner is unreasonable, and ought not to be granted.
The committee ask to be discharged from the further consideration of the subject.
RICH'D H. LONG,
Chairman. Which was read and agreed to.
Mr. Downing from the committee on the Judiciary, to whom had been referred sundry bills, reported said bills without amendments, for amendments in the house, all of which reports were concurred in, and said bills were ordered to be laid on the table, as follows, to wit: a bill entitled an act to establish a Superior Court in the County of Dade in the Southern District of Florida, which on motion of Mr. Fitzpatrick, was placed among the orders of the day for to-morrow.
A bill entitled an act to aid the administration of Justice in Munroe County, which on motion of Mr. Marvin, was placed among the orders of the day for to-morrow.
A bill entitled an act to authorise Mary W. Nuttall to sell so much of the real estate of the late Wm. B. Nutall, as she may deem necessary to pay the debts of said estate, which on motion of Mr. Fitzpatrick, was placed among the orders of the day for to-morrow.