Mr. Shehee from the committee on enrolments reported the following bills as correctly enrolled to wit;

An Act to regulate the salaries of certain Territorial offi

cers.

An Act to amend the incorporation of the city of St. Joseph.

An Act for the relief of John W. Simonton, and the amendment suggested by the Governor in the Act incorporating the Franklin Bank of Florida.

The House then took a recess till 3 o'clock P. M., at which time it again met and proceeded to business.

An Act regulating the fees of Notaries Public, of the Territory of Florida, was read a third time and passed. Ordered that the title be as afore stated.

Mr. Shehee from the committee on enrolments, reported the following bills as correctly enrolled to wit.

An Act to repeal an Act therein mentioned.

An Act to amend an Act entitled an Act to incorporate the Bank of Jacksonville.

A bill entitled an Act for the relief of Benjamin Hays was read a third time. The yeas and nays being required on the question of its final passage by Messrs Wright and Fitzpatrick, were yeas, Messrs. Brown, Bryan, Campbell, Downing, Gilliland, Hart, Johnson, Kenan, Levy, Long, Robinson, Tabor, and Willlams, 13. Nays, Mr. President, Messrs. Fitzpatrick, Macon, Marvin, Read, Shehee, Stewart, Wood, and Wright, 9. So said bill is passed. Ordered that the title be as above stated.

An Act to provide for the more effectual protection of the frontier was read a third time. The yeas and nays being required on the question of its final passage by Messrs. Wood and Fitzpatrick, were yeas, Mr. President, Messrs. Brown, Bryan Campbell, Downing, Fernandez, Gilliland, Hart, Kenan, Levy, Long, Marvin, McNeil, Read, Robison, Stewart, and Williams, 17. Nays, Messrs. Fitzpatrick, Johnson, Macon, Shehee, Tabor, Wood, and Wright, 7. So said bill is passed. Ordered that the title be as before stated.

A bill entitled an Act concerning School Lands, was read, a third time. The yeas and nays being required on the question of its final passage by Messrs. Fitzpatrick and Tabor, were yeas, Messrs. Brown, Bryan, Downing, Fernandez, Gilliland, Hart, Johnson, Levy. Long, Marvin, McNeill, Robinson, Stewart Tabor, and Williams, 15. Nays, Mr. President, Messrs. Campbell, Fitzpatrick, Kenan, Macon, Read, Shehee, Wood and Wright, 9. So said bill is passed. Ordered that the title be as above stated.

A bill 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 and Jail, was read a third time and passed.

Mr. Shehee from the committee on enrolments, reported the following bills as correctly enrolled, to wit:

An Act to aid the administration of justice in Monroe county.

An Act to provide for the compensation of the members of the Legislative Council, and for other purposes.

An Act to authorize the Territory of Florida to become a state. The yeas and nays being required on the question of its final passage by Messrs. Macon and Tabor, were yeas, Mr. President, Messrs. Brown, Bryan, Campbell, Downing, Fitzpatrick, Gilliland, Hart, Johnson, Kenan, Levy, Long, Macon, Marvin, McNeill, Read, Robinson, Shehee, Stewart, Taylor, Williams, Wood, and Wright, 23. Nays Messrs. Fernandez, Fontane, and Tabor, 3. So said bill passed. Ordered that the title be so changed as to read, "an Act to take the sense of the people of this Territory, on the policy and propriety of becoming a state."

A bill entitled an Act to amend an Act, to incorporate the Central Bank of Florida, was again referred to the committee of the whole. After some time, the committee rose, and Mr. Johnston, chairman, reported the same amended, which report was concurred in, (and the rule being waived) said bill was read a second and third time, the yeas and nays being required on its final passage by Messrs. Kenan and Levy, were, Yeas,-Messrs. President, Brown, Bryan, Downing, Fitzpatrick, Fontane, Gilliland, Hart, Long, Macon, McNeill, Read, Robinson, Shehec, Stewart, Taylor and Williams, 17. Nays, Messrs. Fernandez, Johnston, Kenan, Levy, Marvin, Wood and Wright, 7. So said bill passed. Ordered that the title be as afore stated.

His Excellency the Governor transmitted to the House by Mr. Copeland his private Secretary the following communications, to wit:

EXECUTIVE OFFICE,
Feb. 12th, 1837. S

To the Hon. Legislative Council.
GENTLEMEN.

I have approved and deposited in the office of the Secretary of the Territory, the following Acts, viz:

An Act for the relief of John W. Levinus.

An Act to incorporate the Marine Insurance Bank of Apalachicola.

An Act to incorporate a company for the establishment of a ferry across the Ocilla river, at the flat-ford, in Jefferson county.

An Act to incorporate the Southern College at St. Au-. gustine.

An Act to amend an Act, concerning estrays.

An Act to incorporate the Protestant Episcopal Church, in the city of Apalachicola.

An Act to incorporate the Protestant Episcopal Church, in the city of St. Joseph.

An Act to incorporate the town of Quincy.

An Act to establish an Academy in the county of Gadsden, and to incorporate the trustees thereof.

An Act concerning Jurors in the Southern District.

An Act to amend the several Acts now in force in this Territory, in relation to Roads and Highways.

An Act to revive and amend an Act incorporating the town of Marianna. An Act for the relief of the heirs of Joseph Delespine, deceased.

An Act to establish a ferry across the Suwanee river, at the upper mineral spring, in Hamilton county.

An Act to amend the charter of the city of Pensacola. Also, a Resolution in relation to a mail route in Walton county.

I return with my objections for your consideration the fol lowing bills, viz:

An Act to amend the several Acts relating to County Courts of this Territory.

An Act for the divorce of Mary J. Thompson, from Alexander Thompson, and +18 43

62

An Act for the relief of Hannah Stewart. The bill to amend the several Acts relating to County Courts of this Territory, is liable to many objections.

The Judiciary of this Territory should occupy an elevation above the influence of popular excitement. The mind of the Judge should be left free, for the deliberate investigation of every subject submitted to him, and his firmness and integrity unassailed by the effect of his decision, on his immediate tenure of office. If his place is held at the public will, is it not to be feared that he will consult popular feeling

and prejudice, more than the merits of the cause before him?

Having to decide on the rights of those from whom he receives his office, may we not apprehend that the powerful and influenced suitor who can uphold and sustain, or crush and destroy him, will receive a more favorable consideration than his less fortunate opponent who is strong only in the justice of his cause?

Will not the voice of justice be unheard in the conflict. and reciprocal advantages between Judge and Suitor consulted in its stead?

That confidence, with which every member of Society looks to our courts of Justice for the redress of his wrongs, and the protection of his rights, would be destroyed, and in the place of the satisfaction with which their decrees are now received by the parties, the tribunals of justice would be regarded with distrust and dissatisfaction.

The purity of the Judge should be beyond suspicion, and every circumstance calculated to exercise an unfavorable influence over his mind, carefully excluded. For these reasons the bill is rejected.

The bill for the divorce of Mary J. Thompson, from Alexander Thompson, and the bill for the relief of Hannah Stewart, are also rejected.

The Council at a previous session, gave full power to the Superior courts, to grant divorces in all proper cases, and I deem it most wise, that the courts alone should act on this subject; they have power to bring all the facts before them, and cause a thorough investigation to be made, and to do complete justice between the parties.

Before the Council, the proceedings are always expartie, and the ample redress to be obtained before a court cannot be had.

The peculiar state of facts in the case of Silas Weeks, for whose divorce a bill has been passed, relieves it from these objections. In the county of Columbia, in which the case arises, no Superior court has been held since the commencement of the present Indian War, nor is it probable that the applicant will have an opportunity of presenting his case for decision before its termination. The bill for his divorce, has been therefore approved.

R. K. CALL.

Which were read. Whereupon the House went into a reconsideration of the bills returned, rejected by the Governor. The yeas and nays being required on a bill, entitled an Act to amend the several Acts regulating the Connty Courts

of this Territory, in opposition to the veto of the Governor, were, Yeas,-Messrs. Brown, Campbell, Fernandez, Fontane, Gilliland, Johnson, Kenan, Levy, Long, Macon, McNeill, Robinson, Shehee, Williams and Wright, 15. Nays Messrs. President, Bryan, Downing, Fitzpatrick, Hart, Marvin, Read, Stewart, Taylor and Wood, 10. And a majority of two thirds of all the members of this Legislative Council not voting in favor of said bill, it is lost.

The yeas and nays being required on the passage of a bill entitled an Act for the divorce of Mary J. Thompson from Alexander Thompson, in opposition to the veto of the Governor, were, Yeas,-Messrs. President, Brown, Bryan, Campbell, Downing, Fitzpatrick, Gilliland, Hart, Marvin, McNeill Taylor, Williams and Wood, 13. Nays, Messrs. Fernandez, Fontane, Johnson, Keuan, Levy, Long, Macon, Read, Robinson, Shehee, Stewart and Wright, 12. And said bill not being passed by two thirds of this House, is lost.

The yeas and nays being required on the passage of a bill entitled an Act for the relief of Hannah Stewart, against the Governor's veto, were, Yeas,-Messrs. President, Brown, Bryan, Campbell, Downing, Fitzpatrick, Hart, Johnson, McNeill, Read, Shehee, Tabor, Taylor, Williams and Wood, 15. Nays, Messrs. Fernandez, Fontane, Gilliland, Kenan, Levy, Long, Macon, Marvin, Robinson, Stewart and Wright 11. And said bill not being passed by a majority of two thirds of all the members of this house, it is lost.

The House went into committee of the whole on a bill entitled an Act, respecting Banks, and for other purposes. After some time spent in its consideration, the committee rose, and Mr. Marvin, chairman, reported said bill to the House, with all the enacting clause stricken out. Which report was concurred in, and said bill is lost.

Certain Resolutions reported to this House on a former day, by Mr. Levy, chairman, from a select committee, were on motion of Mr. Downing, indefinitely postponed.

A bill entitled an Act to amend the several Acts, heretofore passed, in relation to the Bank of Pensacola, was read the third time, and the yeas and nays being required on its final passage by Messrs. Fitzpatrick and Macon, were, Yeas, Messrs. President, Campbell, Downing, Fenanandez, Fontane, Hart, Johnson, Kenan, Long, Marvin, McNeill, Robinson, Tabor, Williams and Wright, 15. Nays, Messrs. Brown, Bryan, Fitzpatrick, Gilliland, Levy, Macon, Read, Shehee, Stewart, Taylor and Wood, 11. So said bill is passed. Ordered that the title be as afore stated.