JOURNAL OF THE PROCEEDINGS
OF THE
C O N V E N T I O N
OF THE
PEOPLE OF FLORIDA,
BEGUN AND HELD
AT THE CAPITOL IN THE CITY OF TALLASSEE,
ON THURSDAY, JANUARY 3, A.D. 1861.
TALLAHASSEE:
OFFICE OF THE FLORIDIAN AND JOURNAL.
PRINTED BY DYKE & CARLISLE.
1861.
THURSDAY. January 3d, 1861.
The people of the State of Florida, on this, the third day of January, in the year of our Lord one thousand eight hundred and sixty-one, through their Delegates, chosen in pursuance of the act of the General Assembly of the State of Florida, approved November 30th, A. D. 1860, assembled in Convention in the Hall of the House of Representatives in the Capitol of the State, at the city of Tallahassee.
And thereupon, on motion, John C. Pelot, of the county of Alachua, was called to the Chair, and B. Garden Pringle, of Gadsden, was requested to act as Secretary.
On taking the Chair, Mr. Pelot addressed the Delegates in the following language:
Gentlemen of the Convention:—We meet together under no ordinary circumstances. The rapid spread of Northern fanaticism has endangered our liberties and institutions, and the election of Abram Lincoln, a wily abolitionist, to the Presidency of the United States, destroys all hope for the future. We have, therefore, been sent by the people of our State to devise the best means for our security. Their dearest interests are placed in our hands—to us is committed a high trust—upon us rests a heavy responsibility, and we are expected to meet the grave questions before us with calmness and deliberation; precipitation and rashness may prove disastrous. But, gentlemen, while prudence and a proper discretion should characterize all our deliberations, we must not forget that the important crisis demands great firmness. I trust we are fully prepared to meet the grave issues before us as true Patriots.
Our Legislature, through purely patriotic motives, has placed us in a conspicuous position. The eyes of the world are upon us, and our action will affect, for weal or for woe, not only our own State, but perhaps our sister Southern States also. And now, gentlemen, permit a word of admonition. Although our
At the conclusion of the Chairman's address, Mr. McQueen McIntosh, from the Senatorial District of Calhoun and Franklin, moved that the proceedings of the Convention be opened with prayer, preceding his motion with the following eloquent remarks:
Mr. Chairman, it is but seldom that men are called upon to discharge the grave and solemn duties about to devolve upon us, and with nations as with men there is a Providence that fashions their destinies. It is the blessing of that Providence to direct us in our future deliberations that we should now implore. When the night of storm and desolation had overtakes him, Euryalus exclaimed, in the language of supplication, "Tu oro solare in opem et succure relictæ." If the heathen could thus implore the God of his mythology, we may appeal to the Christian's God to teach us to apply our hearts unto wisdom, that we may learn that which is right and do that which is best for our unhappy country. I therefore move, sir, that the Right Rev. Bishop Rutledge be invited to a seat by your side, and that this Convention be opened with prayer.
This was unanimously agreed to, and being present, Bishop Rutledge was attended to the Chair, from which he made the following solemn and appropriate appeal for Providential oversight and guidance:
Great and glorious Lord God, who, seated on thy throne in the Heavens, yet deignest to look down upon the children of men, and whose providence is ever exerted for good to those who love and reverence thy holy name—impressed with a sense of the awfulness of thy divine majesty, we assay to approach thee this morning in an humble spirit and with true faith, invoking thee favorably to look upon and bless the Chief Magistrate of this Commonwealth, its Delegates now in Convention assembled and the people over whose interests they are appointed to preside. Possess their minds with the spirit of wisdom and sound understanding, so that in these days of trouble and perplexity they may be able to perceive the right path and steadfastly to walk therein. So enlighten, direct and strengthen them, we pray thee, that they, being hindered neither by the fear of man nor by the love of the praise of men, nor by prejudice, ambition or any other evil passion, but being mindful of thy constant superintendence—of the awful majesty of thy righteousness and of the strict account they must hereafter render—may, in counsel, word and deed, aim supremely at the fulfilment of their solenm duty, at the promotion of thy glory and the advancement of the welfare of their country; and mercifully grant that the course of this world may be so peaceably ordered by thy governance that thy church and this whole people may joyfully serve thee in all godly quietness, through Jesus Christ our Lord. Amen.
On motion of Mr. A. K. Allison of Gadsden, the roll was then ordered to be called by counties, beginning with the West, when the following Delegates appeared, presented their credentials, enrolled their names and took their seats, viz:
From Walton County.—Jno. Morrison and A. L. McCaskill.
in„ Washington—Freeman B. Irwin.
in„ Holmes—Richard D. Jordan.
in„ Jackson—S. S. Alderman, Joseph A. Collier, Adam McNealy and James L. G. Baker.
From Calhoun—Simmons J. Baker.
in„ 5th Senatorial District—McQueen Mcintosh.
in„ Gadsden County—Thomas Y. Henry, Abraham K. Allison and E. C. Love.
From Leon—John Beard, James Kirksey, G. W. Parkhill, G. T. Ward and William G. M. Davis.
From Wakulla—Daniel Ladd and David Lewis.
in„ Jefferson—Thompson B. Lamar, J. Patton Anderson, Thomas M. Palmer and Wm. S. Dilworth.
From Madison, Taylor and Lafayette—John C. McGehee, A. J. Lea, W. H. Sever and E. P. Barrington.
From Hamilton—Lewis A. Folsom and Joseph Thomas.
in„ Columbia and Suwannee—Green H. Hunter, James A. Newmans and A. J. T. Wright.
From New River—Isaac S. Coon.
in„ 13th Senatorial District—John J. Lamb.
in„ Nassau County—Joseph Finegan and Jas. G. Cooper.
in„ Duval—J. M. Daniel.
in„ 16th Senatorial District—John P. Sanderson.
in„ St. Johns County—Matthew Solana.
in„ Putnam—James O. Devall.
in„ 17th Senatorial District—Rhydon G. Mays.
in„ Alachua County—John C. Pelot and J. B. Dawkins.
in„ Marion—James B. Owens, S. M. G. Gary and W. McGahagin.
From Volusia—James H. Chandler.
in„ Orange—William W. Woodruff.
in„ Brevard—William B. Yates.
From Sumter—David G. Leigh.
in„ 19th Senitorial District—Isaac N. Rutland.
in„ 20th in„ in„—James Gettis.
in„ Levy County—George Helvenston.
in„ Hernando—Benjamin W. Saxon.
in„ Hillsborough—Simon Turman.
in„ Manatee—Ezekiel Glazier.
in„ Monroe and Dade—Wm. Pinckney, Winer Bethel and Asa F. Tift.
On motion of W. G. M. Davis of Leon county, the Convention adjourned until Saturday, 12 o'clock, M.
SECOND DAY.
SATURDAY, January 5th, A. D. 1861.
The Convention met pursuant to adjournment.
Prayer was offered by Rev. E. L. T. Blake.
On motion, the reading of the minutes was dispensed with.
Messrs. Daniel D. McLean, from the 4th Senatorial District, Sam'l B. Stephens, from the 7th Senatorial District, S. W. Spencer of Franklin and W. S. Gregory of Liberty counties, presented their credentials and took their seats.
On motion, the Convention proceeded to the election of a permanent President by ballot.
Messrs. Beard and Finegan were appointed tellers.
The result of the election was as follows:
For John C. McGehee 47 votes.
For John C. Pelot 7 votes.
For J. P. Sanderson 2 votes.
For Jackson Morton 1 vote.
Whereupon John C. McGehee was declared elected.
On motion of Mr. Allison, a Committee of two, consisting of Messrs. Allison and Cooper, was appointed to conduct the President elect to the Chair.
Upon taking the Chair, the President made the following address:
Gentlemen:—I feel very sensibly the honor you have done me in calling me to preside over your deliberations. Such a manifestation of confidence and respect by the assembled sovereignty of my State, called together in such a crisis, to consult together for the general safety, deeply affects my feelings, and in return I offer all that is in my power to give—the homage of a grateful heart.
I am entirely without qualification for the proper discharge of the duties upon which I now enter. But I have long since determined, with regard to myself, that I belong to my State—my country—and never shall shrink from any place assigned me in her service.
Unaccustomed as I am to participate in the proceedings of deliberative bodies, I bring into your service no qualification, save a willing mind, and, I trust, an honest heart fixed and fully determined to perform my duty with entire impartiality, and I bespeak your kind aid, indulgence and forbearance.
Before I take this Chair, gentlemen, I ask you to indulge me in a few remarks.
The occasion on which we are called together is one of the most solemn and important that ever assembled a People. Our Government—the inheritance from a noble ancestry—the greatest achievement of human wisdom, made to secure to their posterity the Rights and Liberties purchased with their blood, is crumbling into ruins. Every day and almost every hour brings intelligence confirming the opinion that its dissolution is at hand. One State—one of the time-honored Thirteen—has withdrawn the powers granted in the Constitution which constituted her a member of the Union, and she is now from under the political power of the Government. All our sister Southern States immediately adjacent to us are at this moment moving in the same direction, under circumstances that render their action as certain as any thing in the future. And as we look further and beyond, we see the same swell of public sentiment, that a sense of wrong always inspires, agitating the great heart of the more distant Slave States. And no reasonable doubt can be entertained by the most hopeful and sanguine, that this excitement in public sentiment will extend and increase, and intensify until all the States that are now known as slave States will withdraw their political connection from the non-slaveholding States, unite themselves in a common destiny and establish another Confederation.
Why all this? The story is soon told.
In the formation of the Government of our Fathers, the Constitution of 1787, the institution of domestic slavery is recognised, and the right of property in slaves is expressly guaranteed.
The People of a portion of the States who were parties to the Government were early opposed to the institution. The feeling of opposition to it has been cherished, and fostered, and inflamed until it has taken possession of the public mind at the North to such an extent that it overwhelms every other influence. It has seized the political power and now threatens annihilation to slavery throughout the Union.
At the South, and with our People of course, slavery is the element of all value, and a destruction of that destroys all that is property.
This party, now soon to take possession of the powers of the Government, is sectional, irresponsible to us, and driven on by an infuriated fanatical madness that defies all opposition, must inevitably destroy every vestige of right growing out of property in slaves.
Gentlemen, the State of Florida is now a member of the Union under the power of the Government, soon to go into the hands of this party.
As we stand our doom is decreed.
Under a just sense of impending danger, and realizing an imperative necessity thus forced upon them to take measures for their safety, the People of Florida have clothed you with supreme power and sent you here with the high and solemn duty to devise the best possible means to ensure their safety, and have given you in charge to see that their commonwealth suffers no detriment.
Your presence at this Capitol is the highest proof that your people fear to remain under their Government. With poignant regret no doubt they leave it; but they have no ground of hope of safety in it. What are we to do in fulfilment of our duty in this great crisis? I will not presume to indicate your course—your superior and collected wisdom must decide.
I cannot doubt though that our people are safe in your hands, and that you will in a manner becoming the dignity of the high position you hold, and worthy of the trust confided to you, promptly place them in a position of safety above the power and beyond the reach of their enemies.
As one of you, representing a noble and confiding constituency, I pledge to you and to them the entire devotion of the powers of my mind in the discharge of this duty; and with my full heart I ask you, each of you, to forget all former differences of opinion, all past party prejudices, and make, now, here on the altar of your State, your country, for the sake of your people, a sacrifice, an offering of all feeling, prepossession or prejudice, that may stand in the way of perfect concord and harmony; and may the God of nations watch over us and bless our labors and guide us into the haven of safety.
On motion, the Convention proceeded to the election of a Secretary and two Assistant Secretaries.
Mr. Mays nominated William S. Harris for Secretary.
Mr. Newmans nominated A. T. Banks.
Mr. Parkhill nominated Thos. B. Barefoot.
The vote was as follows:
For William S. Harris—Mr. President, Messrs. Allison, Baker of Calhoun, Beard, Chandler, Cooper, Daniel, Dawkins, Devall, Finegan, Gary, Gettis, Helvenston, Irwin, Lamar, Leigh of Sumter, McGahagin, McIntosh, Mays, Owens, Pelot, Pinckney, Rutland, Sanderson, Saxon, Spencer, Solana, Tift and Wright of Columbia—29.
For Banks—Messrs. Baker of Jackson, Barrington, Bethel, Collier, Coon, Folsom, Hunter, Jordan, Ladd, Lamb, Lea, McCaskill, McLean, Morrison, Newmans, Sever, Thomas and Yates—18.
For Barefoot—Messrs. Alderman, Davis, Glazier, Gregory, Henry, Kirksey, Lewis, Love, McNealey, Parkhill, Stephens and Ward—12.
The President declared that there was no election, neither of the candidates having received a majority of the votes of the whole.
On motion, W. S. Harris was unanimously declared elected Secretary.
The Convention then proceeded to the election of first Assistant Secretary.
Mr. Allison nominated T. B. Barefoot.
Mr. Coon nominated A. T. Banks.
The vote was as follows:
For Mr. Banks—Messrs. Baker of Jackson, Bethel, Chandler, Coon, Cooper, Dawkins, Devall, Finegan, Folsom, Gettis, Helvenston, Hunter, Jordan, Lamb, Lea of Madison, McCaskill, McLean, Mays, Morrison, Newmans, Pinckney, Rutland, Sever, Solana, Thomas, Tift, Turman, Woodruff, Wright of Columbia, Yates—30.
For Mr. Barefoot—Mr. President, Messrs. Alderman, Allison, Baker of Calhoun, Barrington, Beard, Collier, Daniel, Davis, Gary, Glazier, Gregory, Henry, Irwin, Kirksey, Lamar, Leigh of Sumter, Lewis, Love, McGahagin, McIntosh, McNealey, Owens, Parkhill, Pelot, Sanderson, Spencer, Stephens, Ward—29.
Mr. A. T. Banks was declared elected first Assistant Secretary.
The Convention then proceeded to the election of second Assistant Secretary.
Mr. Spencer nominated E. W. Rogers.
Mr. Ward nominated T. B. Barefoot.
The vote was as follows:
For Mr. Rogers—Messrs. Allison, Baker of Calhoun, Baker of Jackson, Beard, Cooper, Daniel, Davis, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Gregory, Henry, Irwin, Lamar, Leigh of Sumter, McGahagin, McIntosh, Mays, Owens, Parkhill, Pelot, Pinckney, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Thomas, Tift and Yates—34.
For Mr. Barefoot—Mr. President, Messrs. Alderman, Barrington, Bethel, Chandler, Collier, Coon, Glazier, Helvenston, Hunter, Jordan, Kirksey, Lamb, Lea of Madison, Lewis, Love, McCaskill. McLean, McNealey, Morrison, Newmans, Rutland, Turman, Ward, Woodruff and Wright of Columbia—26.
Mr. E. W. Rogers was declared elected Second Assistant Secretary.
On motion, the Convention proceeded to the election of Sergeat-at-Arms.
Mr. Lea nominated Daniel G. Saunders.
Mr. Parkhill nominated E. S. McCullom.
Mr. Beard nominated Donald Cameron.
The vote was as follows:
For Mr. Cameron—Mr. President, Messrs. Baker of Jackson, Barrington, Beard, Bethel, Collier, Coon, Daniel, Davis, Dawkins, Devall, Gary, Gettis, Glazier, Gregory, Irwin, Jordan, Kirksey, Leigh of Sumter, Lewis, Love, McNealey, Pinckney, Rutland, Sanderson, Saxon, Tift, Turman and Ward—29.
For Mr. Sanders—Messrs. Cooper, Folsom, Helvenston, Henry, Hunter, Lamb, Lea of Madison, McCaskill, McGahagin, McLean, Morrison, Newmans, Owens, Sever, Spencer, Solana, Stephens, Thomas, Woodruff, Wright of Columbia and Yates—21.
For Mr. McCullom—Messrs. Alderman, Allison, Baker of Calhoun, Finegan, Lamar, McIntosh, Mays, Parkhill and Pelot—9.
The President declared that there was no election, neither of the candidates having received a majority of the whole vote.
On motion, Mr. Cameron was declared elected Sergeant-at-Arms.
The Convention proceeded to the election of Messenger.
Mr. Wright nominated S. R. Mattair.
Mr. Lea nominated S. B. Shehee.
The vote was as follows:
For Mr. Mattair.—Messrs. Barrington, Beard, Bethel, Chandler, Coon, Cooper, Daniel, Davis, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Glazier, Gregory, Helvenston, Hunter, Lamb, Leigh of Sumter, Love, McCaskill, McGahagin, McIntosh, McLean, Mays, Newmans, Owens, Pelot, Pinckney, Rutland, Sanderson, Saxon, Spencer, Solana, Tift, Turman, Woodruff, Wright of Columbia and Yates—40.
For Mr. Shehee.—Mr. President, Messrs. Alderman, Allison, Baker of Calhoun, Baker of Jackson, Collier, Henry, Jordan, Kirksey, Lamar, Lea of Madison, Lewis, Parkhill, Sever, Stephens and Ward—16.
Mr. S. R. Mattair was declared elected Messenger.
The Convention proceeded to the election of a Door-keeper.
Mr. —— nominated D. C. Saunders.
Mr. Davis nominated Wm. Felkel.
Mr. Lea nominated S. B. Shehee.
The vote was as follows:
For Mr. Saunders—Mr. President, Messrs. Allison, Barrington, Beard, Bethel, Chandler, Collier, Coon, Cooper, Dawkins, Devall Folsom, Gary, Gettis, Gregory, Helvenston, Hunter, Irwin, Jordan, Kirksey, Lamb, Leigh of Sumter, McCaskill, McGahagin, McLean, Mays, Morrison, Owens, Pinckney, Rutland, Solana, Thomas, Tift, Turman, Ward, Woodruff and Yates—37.
For Mr. Felkel—Messrs. Alderman, Daniel, Davis, Finegan, Henry, Lamar, Lewis, Love, McIntosh, Pelot, Sanderson, Sever and Stephens—13.
For Mr. Shehee—Messrs. Baker of Calhoun, Baker of Jackson, Lea of Madison, McNealey, Newmans, Parkhill, Spencer and Wright of Columbia—8.
Mr. D. C. Saunders was declared elected Door-keeper.
Mr. Davis moved that the officers elect be sworn into office, and that their oath shall be in the following form:
You do solemnly swear that you will faithfully discharge the duties of the office to which you have been elected, and obey such rules and orders as the Convention may prescribe;
Which motion was agreed to, and the officers were sworn accordingly by the Hon. J. J. Finley, Judge of the Western Circuit of Florida.
Mr. Pelot moved that the Rules that govern the House of Representatives be adopted so far as applicable to this Convention;
Which was agreed to.
Mr. Dawkins moved that a Committee of three be appointed to wait on his Excellency the Governor and inform him that the Convention is now organized and ready for business;
Which was agreed to.
Whereupon the President appointed Messrs. Dawkins, Davis and Pelot said Committee.
Mr. Folsom moved that a Committee of five be appointed on Credentials;
Which was adopted.
Whereupon the President appointed Messrs. Folsom, Anderson, Mays, Lamar and Woodruff said Committee.
Mr. Ward offered the following resolution:
Resolved, That the following Standing Committees, consisting of five members each, shall be appointed by the President, viz:
Committee on the Judiciary.
Committee on Federal Relations.
Committee on Foreign Relations, Commerce and Trade.
Committee on Taxation and Revenue.
Committee on the Militia and Internal Police.
Committee on the Sea Coast Defences.
Committee on the Public Lands.
Committee on Printing and Contingent Expenses.
Committee on Enrollments.
Which resolution was adopted.
The following communication was received from his Excellency the Governor:
Executive Chamber,
Hon. John C. McGehee,
President of the Convention:
Sir—I have the honor to communicate to you, and through you to the Convention of the State of Florida over which you preside, that our sister States of Alabama and South Carolina have sent Commissioners to confer and consult with the people of Florida in Convention assembled.
The Hon. E. C. Bullock, Commissioner of Alabama, and the Hon. Leonidas W. Spratt, Commissioner of South Carolina, are in this city, duly commissioned and authenticated by credentials from the Governors of their respective States, and await to be presented in due form to the Convention.
I have the honor to be, sir, very respectfully,
Which was read.
Mr. Ward moved that a Committee of three be appointed by the President to communicate with the Commissioners from Alabama and South Carolina to know if it be their pleasure to communicate with this Convention;
Which motion was agreed to.
Whereupon the President appointed Messrs. Ward, Beard and Lamar said Committee.
On motion of Mr. Parkhill a committee was appointed to wait upon the Hon. Edmund Ruffin of Virginia and escort him to a seat on the floor of the Convention.
The President appointed Messrs. Parkhill and McIntosh said committee.
On motion of Mr. McIntosh the Convention adjourned tii half past 4 o'clock, P.M.
4½ O'CLOCK, P.M.
The Convention resumed its session—a quorum present.
Mr. Beard moved that the Hon. Edmund Ruffin, of Virginia, be invited to the privileges of the bar of the Convention;
Which was carried.
Mr. Gary moved that a select committee be appointed by the President to confer with the Speaker of the House of Representatives with regard to retaining the hall at present occupied by the Convention;
Which was lost.
Mr. Parkhill moved that Judge Finley be requested to qualify the Sergeant-at-Arms;
Which was carried.
Mr. Beard moved that a committee of three be appointed to make arrangements for a proper place for the sittings of this Convention, to report on Monday next;
The motion prevailed, and the President appointed Messrs. Beard, Kirksey and Davis said committee.
Mr. McIntosh moved that the floor of the Convention be cleared;
Which was carried.
Mr. Parkhill introduced the following resolution:
Be it resolved by this Convention, That immediate action in respect to the question of Secession is necessary, and we are willing, should the people of the State so desire it, that the action of this Convention be referred to them for ratification or rejection, the vote to be taken after the action of the Alabama and Georgia Conventions;
Which resolution, on motion of Mr. Beard, was laid upon the table.
Mr. McIntosh offered the following preamble and resolution:
Whereas, All hope of the preservation of the Federal Union upon terms consistent with the safety and honor of the slave-holding States, has been finally dissipated by the recent indications of the strength of the anti-Slavery sentiment of the free States. Therefore,
Be it Resolved by the People of the State of Florida in Convention assembled, That as it is the undoubted right of the several States of the Federal Union, known as the United States of America, to withdraw from the said Union at such time, and for such cause or causes, as in the opinion of the people of each State, acting in their sovereign capacity, may be just and proper, in the opinion of this Convention, the existing causes are such as to compel the State of Florida to proceed to exercise that right.
Mr. Ward moved that the preamble and resolution be laid on the table until Monday next, and that 100 copies be printed for the use of the Convention;
Pending which, upon motion of Mr. Davis, Messrs. Morton and Simpson of Santa Rosa, Wright and Nicholson of Escambia counties, presented their credentials, enrolled their names and took their seats in the Convention.
Upon Mr. Ward's motion the yeas and nays were called for by Messrs. Owens and Palmer and were:
Yeas—Messrs. Alderman, Baker of Jackson, Beard, Bethel, Chandler, Collier, Coon, Davis, Devall, Glazier, Gregory, Henry, Hunter, Jordan, Kirksey, Lamb, Leigh of Sumter, Lewis, Love, McCaskill, McLean, McNealey, Morrison, Morton, Newmans, Nicholson, Palmer, Parkhill, Pinckney, Rutland, Sever, Simpson, Tift, Turman, Ward, Woodruff and Wright of Escambia—37.
Nays—Mr. President, Messrs. Allison, Anderson, Baker of Calhoun, Barrington, Cooper, Daniel, Dawkins, Dilworth, Finegan, Folsom, Gary, Gettis, Helvenston, Irwin, Lamar, Lea of Madison, McGahagin, McIntosh, Mays, Owens, Pelot, Sanderson, Spencer, Solana, Stephens, Thomas, Wright of Columbia and Yates—29.
So the motion prevailed.
Mr. Pelot moved that a Committee of three be appointed to report such rules of the House of Representatives as in their opinion are applicable to the government of this Convention;
Which motion was adopted and Messrs. Pelot, Cooper and Gettis were appointed said Committee.
On motion, the Convention adjourned until 10 o'clock, Monday morning.
THIRD DAY.
MONDAY, January 7th, 1861.
The Convention met—a quorum present.
Prayer by the Rev. Dr. DuBose.
On motion of Mr. Lamar, further reading of the minutes was dispensed with.
The committee appointed to wait on the Commissioners accredited from the States of Alabama and South Carolina, through Mr. Beard, reported that the committee had performed their duty and that the Commissioners, so accredited, were now present.
Mr. Daniel moved that the Commissioners be received within the bar of the Convention.
Mr. Morton offered the following amendment:
That the Convention is ready to receive any communication, either oral or written, that the Commissioners from South Carolina and Alabama may make;
Which was accepted, and the motion as amended agreed to.
Hon. E. C. Bullock, Commissioner from Alabama, and Hon. L. W. Spratt, Commissioner from South Carolina, were introduced to the Convention, and addressed by the President as follows:
Gentlemen, Commissioners from South Carolina and Alabama:
As the organ of the sovereignty of Florida in Convention assembled, it gives me great pleasure to extend to you, as the Representatives of your States, a cordial welcome.
In the great struggle in which we are all engaged for deliverance and safety, it is grateful to give and receive mutual encouragement and support. Florida acknowledges, with high satisfaction, the friendly compliment paid her by your respective States in accrediting to her their Commissioners. May not she and they indulge the pleasing hope that that mutual regard and sympathy and support now tendered and received may be an earnest of a re-union of destinies that shall secure liberty, peace and happiness to their people for all time to come?
To South Carolina, who has, in the maintainance of the rights of her people, reassumed the powers granted in the Constitution, which made her a member of the Union, and taken position among the separate and independent nations of the earth, Florida says, All hail—well done. Alabama, who this day assembles her sovereignty with the high behest to take care that her commonwealth receives no detriment, Florida bids God speed.
And to you, gentlemen, personally, this Convention tenders considerations of high respect and regard.
Mr. Bullock, Commissioner from the State of Alabama, addressed the Convention.
Mr. Spratt, Commissioner from the State of South Carolina, read an ordinance "To dissole the union between the State of South Carolina and other States united with her under the compact entitled the Constitution of the United States of America," and read the addresses from the Committee of the State of South Carolina "On Relations of the Slaveholding States of North America," and proceeded to address the Convention upon the actions and policy of the State of South Carolina.
Mr. Davis offered the following resolution:
Resolved, That the written communication made to this Convention by the State of South Carolina be referred to a Committee of five, to be appointed by the President, to report to the Convention what action should be had thereon;
Which was adopted.
On motion of Mr. Pelot, Mr. Edmund Ruffin, of the State of Virginia, was invited to address the Convention;
Which was promptly responded to by Mr. Ruffin.
Mr. Anderson presented papers concerning the contested election in Holmes county, and moved that they be referred to the Committee on Elections;
Which was agreed to.
On motion of Mr. McIntosh the Convention took a recess for one hour.
1 O'CLOCK, P.M.
The Convention resumed its session and proceeded to business.
The President announced to the Convention that he had, during the recess, received an important telegraphic dispatch.
Mr. Pelot moved that the lobby be cleared and that the doors be closed, and that the dispatch then be read;
Which was agreed to.
The Convention then went into secret session.
The Convention resumed business in open Convention.
Mr. Davis offered the following resolution:
Resolved, That the Convention do receive with pleasure the communication which has been made to this body by the State of South Carolina through her Commissioner, signifying to this Convention that South Carolina has assumed the position of an independent sovereignty, and that we, the People of Florida, in Convention assembled, do heartily recognize the correctness and the justice of the act by which South Carolina has assumed the character which she now occupies, and in which, we, the People of Florida, in Convention assembled, do now receive her Commissioner as a free and sovereign State.
Which was referred to the Select Committee on South Carolina Relations.
Mr. Pelot, from the Committee on Rules, made the following report:
Strike out "House" and insert Convention in all places where it may occur.
That President be substituted for "Speaker" in all the rules where "Speaker" occurs.
In the 18th rule, strike out the words, "messages from the Senate lying on the table."
Strike out the first part of the 23d rule, which requires one day's notice for the introduction of a bill.
Strike out the 24th rule and insert in place thereof, Every bill and resolution introduced into this body may be debated, amended, referred or passed the same day.
In the 26th rule, strike out in the second line all after the word passed.
Strike out all of the 28th rule.
"The Governor and such other person as shall be invited by a vote of the Convention," shall be substituted for the 32d rule.
In the 34th rule strike out "joint resolutions."
35th. In case of any disturbance or disorderly conduct in the lobby, or in case the Convention should deem it necessary to go into secret session, the President shall have the power to order the doors to be closed.
Strike out rules 48, 49 and 50.
In the 55th rule, strike out "General Assembly" in the first line and insert Convention.
On motion of Mr. Sanderson, the report was received and adopted, and 75 copies of the Rules ordered to be printed.
The Chair announced the following Standing Committees, viz:
Committee on Judiciary.
Messrs. DAVIS,
GETTIS,
SANDERSON,
BETHEL,
STEPHENS,
Federal Relations.
Messrs. McINTOSH,
WARD,
LAMAR,
DAWKINS,
MORTON,
Foreign Relations, Commerce and Trade.
Messrs. WARD,
FINEGAN,
OWENS,
NICHOLSON,
McINTOSH.
Taxation and Revenue.
Messrs. BEARD,
DILWORTH,
MAYS,
PELOT,
BAKER of Jackson,
On Militia and Internal Police.
Messrs. PARKHILL,
ANDERSON,
BAKER of Calhoun,
GARY,
COOPER,
On Sea Coast Defences.
Messrs. FINEGAN,
SOLANA,
PINCKNEY,
LADD,
WRIGHT of Escambia
On Public Lands.
Messrs. ALLISON,
McGAHAGIN,
PALMER,
THOMAS,
MORRISON.
On Printing and Contingent Expenses.
Messrs. TURMAN,
KIRKSEY,
LOVE,
LEA of Madison,
McCASKILL,
On Enrollments.
Messrs. DANIEL,
LAMB,
BARRINGTON,
HENRY,
SAXON,
On motion of Mr. Parkhill, 75 copies of the names of the Standing Committees were ordered to be printed.
Mr. Ward called up the resolution of Saturday, which was made the special order of Monday, viz:
Waereas, All hope of the preservation of the Federal Union, upon terms consistent with the safety and honor of the slave-holding States, has been finally dissipated by the recent indications of the strength of the anti-slavery sentiment of the free States. Therefore,
Be it resolved by the People of the State of Florida in Convention assembled, That, as it is the undoubted right of the several States of the Federal Union, known as the United States of America, to withdraw from the said Union at such time and for such cause or causes as in the opinion of the people of each State, acting in their sovereign capacity, may be just and proper, in the opinion of this Convention, the existing causes are such as to compel the State of Florida to proceed to exercise that right.
Mr. Morton amoved to mend the resolution by striking out in the 5th line, the word "compel" and insert in lien thereof the words "justify and require;" in the 6th line after the word "proceed," insert the words "at a proper time without harmful delay."
After some discussion, Mr. Morton withdrew the first amendment.
On the adoption of the second amendment to the resolution the yeas and nays were called by Messrs. Morton and Ward and were as follows:
Yeas—Messrs. Alderman, Baker of Jackson, Collier, Coon, Davis, Gregory, Hunter, Jordan, Kirksey, Ladd, Lamb, Lewis, Love, McCaskill, McNealey, Morrison, Morton, Newmans, Nicholson, Rutland, Simpson, Ward, Woodruff and Wright of Escambia—24.
Nays—Mr. President, Messrs. Allison, Anderson, Baker of Calhoun, Barrington, Beard, Bethel, Chandler, Cooper, Daniel, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Glazier, Helvenston, Henry, Irwin, Lamar, Lea of Madison, Leigh of Sumter, McGahagin, McLean, McIntosh, Mays, Owens, Palmer, Parkhill, Pelot, Pinckney, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Thomas, Tift, Turman, Wright of Columbia and Yates—43.
So the amendment was lost.
Mr. Owens moved the adoption of the resolution, and moved the previous question.
Upon which the yeas and nays were called by Messrs. Morton and Simpson, and were:
Yeas—Mr. President, Messrs. Allison, Anderson, Baker of Calhoun, Baker of Jackson, Barrington, Beard, Bethel, Chandler, Cooper, Daniel, Davis, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Glazier Gregory, Helvenston, Henry, Hunter, Irwin, Jordan, Ladd, Lamar, Lamb, Lea of Madison, Leigh of Sumter, Lewis, Love, McGahagin, McIntosh, McNealey, Mays, Newmans, Owens, Palmer, Parkhill, Pelot, Pinckney, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Thomas, Tift, Turman, Ward, Wright of Columbia and Yates—54
Nays—Messrs. Alderman, Collier, Coon, Kirksey, McCaskill, McLean, Morrison, Morton, Nicholson, Rutland, Simpson, Woodruff and Wright of Escambia—13.
So the previous question was seconded.
Upon the question "Shall the main question be now put?" the vote was:
Yeas—Mr. President, Messrs. Alderman, Allison, Anderson, Baker of Calhoun, Baker of Jackson, Barrington, Beard, Bethel, Chandler, Collier, Coon, Cooper, Daniel, Davis, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Glazier, Gregory, Helvenston, Henry, Irwin, Jordan, Kirksey, Ladd, Lamar, Lamb, Lea of Madison, Leigh of Sumter, Lewis, Love, McGahagin, McLean, McIntosh, McNealey, Mays, Morton, Newmans, Nicholson, Owens, Palmer, Parkhill, Pelot, Pinckney, Sanderson, Saxon, Sever, Spencer, Simpson, Solana, Stephens, Thomas, Tift, Turman, Ward, Wright of Escambia, Wright of Columbia, and Yates—62.
Nays—Messrs. Hunter, McCaskill, Morrison, Rutland and Woodruff—5.
So the preamble and resolution was adopted.
Mr. Sanderson offered the following resolution:
Resolved, That a Select Committee consisting of Thirteen be appointed by the President to prepare ordinances for the consideration of this Convention;
Which was adopted.
The Chair announced the following Committee under said resolution:
Sanderson of Duval, Allison of Gadsden, McIntosh of Franklin Gettis of Hillsborough, Tift of Monroe, Owens of Marion, Dawkins of Alachua, Wright of Escambia, Morton of Santa Rosa, Ward of Leon, Anderson of Jefferson, Ladd of Wakulla, Baker of Calhoun.
On motion, the Convention adjourned until 11 o'clock A.M. to-morrow.
FOURTH DAY.
TUESDAY, January 8th, 1861.
The Convention met pursuant to adjournment—a quorum present.
Prayer by the Rev. E. L. T. Blake.
Mr. Pelot moved that the communication received yesterday, when the Convention was in secret session, from Bishop Rutledge, be now read by the Secretary and spread upon the Journal, and that the thanks of the Convention be tendered to the venerable Bishop for his truly patriotic proposition;
Which was unanimously adopted.
The following communications were then read and ordered to spread upon the Journal:
To the President of the Convention:
Allow me to enclose a voluntary offer on the part of a citizen of Tallahassee.
Tallahassee, January 7, 1861.
The undersigned promises to pay into the Treasury of the State of Florida, on demand, the sum of five hundred dollars, towards defraying the expenses of government for the year eighteen hundred and sixty-one, whenever by ordinance she shall be declared an independent republic.
Tallahassee, January 7, 1861.
Mr. Daniel moved that there be added to the Standing Committees a Committee on Postal Affairs, to consist of seven members of the Convention;
Which motion was agreed to.
Mr. Sanderson moved that two members be added to each of the Standing Committees, to be selected from Delegates not named on any of said Committees;
Which was adopted.
Mr. Ward offered the following resolutions:
Resolved, That the 6th article of the treaty between Spain and the United States, whereby the Territory of Florida was ceded to the United States, be referred to the Committee on the Judiciary.
Resolved, That the act of Congress of March 3d, 1845, by which the State of Florida was admitted, be referred to the Committee on Public Lands, with instructions to report thereon.
Mr. McIntosh moved that the resolutions offered by Mr. Ward be received and referred to the respective Committees;
Which was adopted.
Mr. Beard offered the following resolution:
Resolved, That seats immediately without the bar be provided for ladies visiting this Convention;
Which was adopted.
A motion was made to adjourn to 10 o'clock to-morrow;
Which was lost.
Mr. Folsom, from the Committee on Credentials, made the following report:
The Committee on Credentials, to whom was referred the matter of the contested election from the County of Holmes, beg leave to report:
That Richard D. Jordan holds the certificate of the proper officer of said county, which upon its face entitles him to a seat in this body. That the same officer, however, further certifies that the votes of one precinct in said county, to wit: Harrell's precinct, or precinct No. 5, were not canvassed or counted by him. It further appears by testimony, and is admitted by both parties to this contest, that had the votes of said precinct No. 5 been regularly canvassed and counted, it would have appeared by said count, taken in connection with the returns from the other precincts in the county, that R. R. Golden, the contestant in this case, had received a majority of one of all the votes of the county. Without the votes which were polled at said precinct No. 5, the occupant of the seat, Richard D. Jordan, had a majority of eleven votes. But counting the votes polled at said precinct No. 5, the contestant, R. R. Golden, has a majority of one as above stated—the said Golden having received at precinct No. 5 twelve votes, and the said Jordan having received no votes at that precinct.
It further appears before the Committee, that the returns of said precinct No. 5, were delivered by one of the Inspectors of Election at said precinct to the said Richard D. Jordan, the occupant of the contested seat upon this floor, on Wednesday after the election, at about 11 o'clock, A.M., but that the same were not delivered to the Judge of Probates by the said Jordon until about 10 o'clock A.M. of the next day. That from the place where said returns were delivered to said Jordon, to the county site where they were to be delivered, was about eighteen miles; that there was sufficient time between the delivery of said returns to said Jordan, and the time at which the returns of the county were canvassed, to have admitted of their delivery to the proper officer before he had canvassed the returns of the county. The Committee have not concluded, from the facts in their possession, that Mr. Jordan, the occupant of the seat, withheld the returns of said precinct through any fraudulent design. But that inasmuch as he holds the seat by reason of his own failure to deliver the returns to the Probate of said county, the will of the majority of the people of the county ought not to be defeated by reason of his said failure.
The Committee therefore recommend to the Convention the passage of the following resolution:
Resolved, That R. R. Golden is entitled to a seat in this Convention from the County of Holmes.
Mr. Lamar moved that the report be received, and that the accompanying resolution be placed among the orders of the day.
Secresy having been removed, Mr. Allison, from a Select Committee, made the following report:
The Select Committee to whom was referred the communication of our Senators in Congress, asking instructions of this Convention in relation to the course they shall pursue in the critical and perilous condition of public affairs, report:
That they have had the matter under consideration, and beg leave to report the following resolutions upon the subject, and ask to be discharged from the further consideration thereof.
Resolved, That it is the sense of this Convention that our members in Congress remain at their posts and continue to discharge and perform all their respective duties as such members, until officially notified by the President of this Convention of the withdrawal of the State of Florida from the Federal compact.
Resolved, That it shall be the duty of the President of this Convention to forthwith forward to each of said members a certified copy of the above resolution.
Which, upon motion of Mr. Davis, was received and concurred in.
On motion, the Convention adjourned until 4 o'clock P.M.
4 O'CLOCK, P.M.
The Convention resumed its session.
Mr. Sanderson presented the credentials of T. J. Hendricks, member elect from Clay county, which was referred to the Committee on Credentials. Mr. Hendricks signed the roll and took his seat.
The following communication was read to the Convention by the President:
Gov. John Milton:
Georgia will certainly secede. Has Florida occupied the forts?
The resolution reported by the Committee on Credentials in the Holmes county election was called up by Mr. Anderson and was unanimously agreed to.
Mr. R. R. Golden, of Holmes county, signed the roll and took his seat in the Convention.
Mr. Turman, from the Committee on Printing, made the following report:
Mr. President—I am instructed to report on behalf of the Committee on Printing and Contingent Expenses that it has been ascertained that the necessary printing for the Conventon can be done at the fotllowing rates: 1500 copies of the Journals in pamphlet form at $3.50 per page, counting one copy.
Miscellaneous Printing, such as daily slips of the Proceedings, Bills, Reports, Resolutions, &c., at ¾ of a cent. per 100 words—counting 80 copies; and for all over 80 copies, at a reasonable charge for paper, labor, &c.
The Committee recommend that 500 slips of the daily Proseedings, and that 1500 copies of the Journals in pamphlet form be ordered to be printed; and that Messrs. Dyke & Carlisle be employed to print the same, as well as all incidental miscellaneous printing, at the rates herein above specified.
Which was received and adopted.
The Convention went into secret session, after which, on motion, the Convention adjourned to 10 o'clock to-morrow.
FIFTH DAY.
WEDNESDAY, January 9th, 1861.
The Convention met pursuant to adjournment—a quorum present.
Prayer by the Rt. Rev. Bishop Rutledge.
The President announced the following additional members to the various Standing Committees:
Committee on Judiciary—S. M. G. Gary, of Marion; W. S. Dilworth, of Jefferson.
Committee on Federal Relations—G. H. Hunter, of Columbia and Suwanee; D. G. Leigh, of Sumter.
Committee on Foreign Relations, Commerce and Trade—L. A. Folsom, of Hamilton; George Helvenston, of Levy county.
Committee on Taxation and Revenue—J. H. Chandler, of Volusia; Wm. T. Gregory of Liberty.
Committee on Militia and Internal Police—A. Collier, of Jackson; J. O. Devall of Putnam county.
Committee on Sea Coast Defences—E. C. Simpson, of Santa Rosa; Saml. W. Spencer, of Franklin county.
Committee on Public Lands—J. S. Coon, of New River; R. R. Golden of Holmes.
Committee on Printing and Contingent Expenses—Adam McNealy, of Jackson county; W. H. Sever, from Madison, Taylor and Lafayette.
Committee on Enrolments—Joseph Thomas, of Hamilton; S. S. Alderman, of Jackson county.
The President announced the following additional Standing Committee:
Committee on Postal Affairs—J. M. Daniel, of Duval; John Beard, of Leon; Jackson Morton, of Santa Rosa; Jas. O. Devall, of Putnam; James Gettis, of Hillsboro'; S. W. Spencer, of Franklin; Geo. Helvenston, of Levy.
On motion, the reading of the minutes was dispensed with.
Mr. Sanderson, of Duval, presented the memorial of John W. Jones, contestant for the seat in this Convention now occupied by A. J. T. Wright, from Columbia county.
Mr. Sanderson, of Duval, Chairman of the Committee on Ordinance, asked leave for his Committee to retire for a few minutes;
Which was granted.
The President announced that the seats in the lobby, on the right of the Chair, would be reserved for the use of ladies.
Mr. Pelot, of Alachua, moved to correct the minutes, that the vote of Mr. Hunter, on Monday, on the resolutions referring to "Federal relations," be changed from Nay to Yea, and that the vote of Mr. Gregory on the same vote be changed from Yea to Nay;
Which was agreed to.
Mr. Beard, of Leon, made the following report:
The Committee appointed to make arrangements for a proper place for the sittings of the Convention, respectfully report that they have discharged that duty, and that the House of Representatives, through a committee of that body, has tendered to the Convention the use of this hall.
Which was received and ordered to be spread upon the Journal.
Mr. Sanderson, of Duval, Chairman of the Committee on Ordinances, made the following report:
The Select Committee on Ordinances respectfully submit:
That they are now prepared to report to this Convention an Ordinance of Secession. In view of the grave import of the subject under their consideration, they deem a recurrence to a few of the leading principles involved in the formation of the Confederacy, which we are about to server, not inappropriate. Your Committee regard the Constitution of the United States of America as simply a compact in solemn form entered into between equals. At the formation of the Confederacy, the several colonies, the then contracting parties, had declared themselves free and independent States. These States thus declared and mutually acknowledged to be free and independent, for the purpose of forming a Federal Government, delegated certain of their rights. Those rights, with wise forecast and prudence, they specifically enumerated in the instrument so made to constitute the bond of Union between them; and with equal wisdom declared that all powers not granted or prohibited, were reserved to their people. The Federal Government was therefore limited by the plain sense and intention of the instrument constituting the compact.
Your Committee find no clause in the Constitution prohibiting the States from re-assuming these delegated powers, and are of the opinion that the right of Secession, or taking back the powers so delegated to the Federal Government, was one of the rights reserved to the States respectively. In support of this opinion reference is made by your Committee to the acts of the States of New York, Virginia and Rhode Island, ratifying the Federal Constitution. Each of these States distinctly affirm the right to reassume the powers granted "whenever it should become necessary to the happiness of their people, or should be perverted to their injury or oppression." These States having thus entered into this compact, the reservations made by them must of necessity enure equally to the benefit of the other contracting parties. The Constitution was formed by the sanction of the States, given by each in its sovereign capacity. That these rights reserved by the original States belong equally to the State of Florida. By the act of Congress of the United States of America, passed on the 3d day of March, A. D. 1845, said Congress declared Florida to be a State of the United States of America and "admitted into the Union on equal footing with the original States in all respects whatsoever." To these terms of admission into the Confederacy and Union of the United States, Florida, by act of the General Assembly, passed on the 25th day of July, A. D. 1845, agreeably to the 6th clause of the 17th article of her Constitution, gave her assent. Thus Florida delegated and agreed that, while she should remain a member of the Federal Union, the Congress of the United States of America should have and exercise the powers enumerated in the Federal Constitution, and that she would not exercise the powers therein prohibited to the States. The inducements which led Florida to become a member of the United States were those which actuate every people in the formation of a government, to secure to themselves and their posterity the enjoyment of all the rights of life, liberty and property, and the pursuit of happiness.
Your committee fully concur in the opinion, that the consideration for which Florida gave her assent to become a member of the Federal Union has wholly failed—that she is not permitted enjoyment of equal rights in the Union, and is not therefore "on equal footing with the original States in all respects whatsoever"—inasmuch as she has not by said union secured to her people and their posterity the enjoyment of all the rights of life, liberty and property, and the pursuit of happiness, which was promised her on her admission into the Union. The contract is therefore wilfully and materially broken. A compact thus broken in part is broken in whole. States being the parties to the constitutional compact, in their sovereign capacity, in the absence of any umpire provided to decide in the last resort, it follows that the States must for themselves determine the time at which, and the manner in which they will interpose.
In consequence of these and other grievances the General Assembly of the State, in accordance with the provisions of the Constitution, has assembled this Convention to take into consideration "the dangers incident to the position of this State in the Federal Union, established by the Constitution of the United States of America, and the measures which may be necessary, and therefore to take care that the Commonwealth of Florida shall suffer no detriment." To discharge this duty in an effectual manner, your committee recommend that the State of Florida do, by her Convention now assembled, secede now, and re-assume all the rights by her delegated to the Federal Government known as the United States of America, and declare herself to be a Sovereign and Independent Nation, and to this end advise the adoption of the Ordinance of Secession herewith respectfully submitted.J. P. SANDERSON, Chairman,
A. K. ALLISON,
McQUEEN McINTOSH,
JAMES GETTIS,
JAS. B. OWENS,
JAMES B. DAWKINS,
S. BAKER,
J. PATTON ANDERSON.
On motion of Mr. Folsom, of Hamilton, the report was recived and concurred in.
Mr. Pelot, of Alachua, moved that the ordinance be now taken up and acted on;
Which was not agreed to.
Mr. Sanderson, of Duval, Chairman of the Committee on Ordinances, made the following report:
The Committee beg leave to submit the following ordinance for the consideration of this Convention.
We, the People of the State of Florida, in Convention assembled, do solenmly ordain, publish and decree,
That the Constitution of the United States, the treaties and the laws heretofore made in pursuance thereof and in force in the State of Florida at the date of this ordinance, so far as the same can be applicable to a single State, shall remain and continue in full force in this State, until the same shall be altered or repealed under the authority of this Convention.
On motion of Mr. Mays, of St. Johns, the Convention went into Committee of the Whole on the Ordinance of Secession, reported by the Committee, Mr. Pelot, of Alachua, in the Chair.
The Committee, after some time spent in session, rose, reported progress and asked leave to sit again.
Mr. Davis, of Leon, moved that the ordinance be recommitted and that the Committee be instructed to report in one hour.
Mr. Stephens, of Gadsden, offered as a substitute to Mr. Davis' motion, that the ordinance be referred to the Committee on the Judiciary, with instructions to report in one hour;
Which motion was accepted and agreed to.
On motion, the Convention took a recess for one hour.
At the expiration of the hour, the Convention resumed its session.
The President announced the following Committee:
On Communications from South Carolina—W. G. M. Davis of Leon, J. B. Dawkins of Alachua, S. M. G. Gary of Marion, T. B. Lamar of Jefferson, Jackson Morton of Santa Rosa.
Mr. Davis of Leon, Chairman of the Judiciary Committee, made the following report:
The Committee on the Judiciary to whom was referred the ordinance reported by the Select Committee on Ordinances entitled the Ordinance of Secession, with instructions to consider the same and report thereon, have had the same under consideration and report the following as a substitute for said Ordinance, and recommend its adoption.
All of which is respectfully submitted,
ORDINANCE OF SECESSION.
We, the people of the State of Florida in Convention assembled,
do solemnly ordain, publish and declare,
That the State of Florida hereby withdraws herself from the Confederacy of States existing under the name of the United States of America, and from the existing Government of the said States; and that all political connection between her and the Government of said States onght to be, and the same is hereby totally annulled, and said Union of States dissolved; and the State of Florida is hereby declared a Sovereign and Independent Nation; and that all Ordinances heretofore adopted, in so far as they create or recognize said Union, are rescinded; and all laws or part of laws in force in this State, in so far as they recognized or assent to said Union, be and they are hereby repealed.
Which was read and the substitute concurred in, and 100 copies ordered to be printed for the use of the Convention.
On motion of Mr. Dawkins of Alachua, the Convention went into Committee of the Whole on the report of the Judiciary Committee.
Some time being spent therein, the Committee rose and reported the ordinance back to the Convention without amendment, and recommended its passage.
Mr. Ward of Leon offered the following amendment:
Be it further ordained, That this Ordinance shall not take effect until the Convention shall be advised of the action of the Conventions of Georgia and Alabama.
Mr. Allison of Gadsden offered the following as an amendment to the amendment:
Be it further ordained, That the Ordinance of Secession shall not take effect until the Governor of this State is officially informed that the States of Georgia and Alabama have dissolved their connection with the government heretofore known as the United States of America.
Be it further ordained, That in case both of said States refuse to secede as aforesaid, then said Ordinance shall not take effect until it has been submitted to the legal voters of the State of Florida and ratified and affirmed by them.
Mr. Daniel of Duval moved to adjourn to 10 o'clock to-morrow morning;
Which was lost.
On the question of the adoption of the amendment to the amendment the vote was:
Yeas—Messrs. Alderman, Allison, Baker of Jackson, Beard, Collier, Coon, Davis, Gregory, Hendricks, Henry, Hunter, Kirksey, Lamb, Love, McCaskill, McLean, McNealy, Morrison, Morton, Newmans, Nicholson, Rutland, Simpson, Stephens, Ward, Woodruff and Wright of Escambia—27.
Nays—Mr. President, Messrs. Anderson, Baker of Calhoun, Barrington, Bethel, Chandler, Cooper, Daniel, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Helvenston, Irwin, Ladd, Lamar, Lea of Madison, Leigh of Sumter, Lewis, McGahagin, McIntosh, Mays, Owens, Palmer, Parkhill, Pelot, Pinckney, Sanderson, Saxon, Sever, Spencer, Solana, Thomas, Tift, Turman, Wright of Columbia and Yates—42.
So the amendment to the amendment was lost.
The question then recurred upon the amendment, the yeas and nays were called for by Messrs. Pelot and Dawkins, and were as follows:
Yeas—Messrs. Alderman, Allison, Baker of Jackson, Beard, Bethel, Collier, Coon, Davis, Gregory, Hendricks, Henry, Hunter, Kirksey, Ladd, Lamb, Lewis, Love, McCaskill, McNealey, Morrison, Morton, Newmans, Nicholson, Pinckney, Rutland, Simpson, Tift, Ward, Woodruff and Wright of Escambia—30.
Nays—Mr. President, Messrs. Anderson, Baker of Calhoun, Barrington, Chandler, Cooper, Daniel, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Helvenston, Irwin, Lamar, Lea of Madison, Leigh of Sumter, McGahagin, McLean, McIntosh, Mays, Owens, Palmer, Parkhill, Pelot, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Thomas, Turman, Wright of Columbia and Yates—39.
So the amendment was lost.
Mr. Lamar of Jefferson moved to adjourn until to-morrow 10 o'clock, A.M.;
Which was not agreed to.
Mr. Ward of Leon offered the following as an amendment to the ordinance:
Resolved, That the Ordinance shall not not take effect until it shall have been submitted to the people and ratified by them.
Upon the passage of the resolution the yeas and nays were called by Messrs, Wright and Morton, and were:
Yeas—Messrs. Alderman, Baker of Jackson, Beard, Bethel, Collier, Coon, Davis, Gregory, Hendricks, Hunter, Kirksey, Ladd, Lamb, Lewis, McCaskill, McNealey, Morrison, Morton, Newmans, Nicholson, Pinckney, Rutland, Simpson, Ward, Woodruff and Wright of Escambia—26.
Nays—Mr. President, Messrs. Allison, Anderson, Baker of Calhoun, Barrington, Chandler, Cooper, Daniel, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Helvenston, Henry, Irwin, Lamar, Lea of Madison, Leigh of Sumter, McGahagin, McIntosh, Mays, Owens, Palmer, Parkhill, Pelot, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Thomas, Tift, Turman, Wright of Columbia and Yates—41.
So the resolution was lost.
Mr. Morton of Santa Rosa offered the following resolution:
Resolved, That a vote of the Convention on the final passage of the Ordinance of Secession shall not be taken until satisfactory and reliable information has been received that the Convention of Alabama has, by resolution or otherwise, declared her determination to secede from the Federal Union.
Upon its passage, the yeas and nays were called, and resulted as follows:
Yeas—Messrs. Alderman, Allison, Baker of Jackson, Beard, Collier, Coon, Davis, Gregory, Hendricks, Henry, Hunter, Kirksey, Ladd, Lamb, Lewis, Love, McCaskill, McNealey, Morrison, Morton, Newmans, Nicholson, Pinckney, Simpson, Tift, Ward, Woodruff and Wright of Escambia—28.
Nays—Mr. President, Messrs. Anderson, Baker of Calhoun, Barrington, Bethel, Chandler, Cooper, Daniel, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Helvenston, Irwin, Lamar, Lea of Madison, Leigh of Sumter, McGahagin, McIntosh, Mays, Owens, Palmer, Parkhill, Pelot, Rutland, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Thomas, Turman, Wright of Columbia and Yates—40.
So the resolution was lost.
Mr. Ward, of Leon, offered the following resolution:
Resolved, That the further consideration of the Ordinance be postponed until the 18th day of this month.
Which was put upon its passage, and the yeas and nays being called for by Messrs. Wright and Morton, resulted as follows:
Yeas—Messrs. Alderman, Allison, Baker of Jackson, Beard, Bethel, Collier, Coon, Davis, Gregory, Hendricks, Henry, Hunter, Kirksey, Ladd, Lamb, Lewis, Love, McCaskill, McNealey, Morrison, Morton, Newmans, Nicholson, Rutland, Simpson, Ward, Woodruff and Wright of Escambia—28.
Nays—Mr. President, Messrs. Anderson, Baker of Calhoun, Barrington, Chandler, Cooper, Daniel, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Helvenston, Irwin, Lamar, Lea of Madison, Leigh of Sumter, McGahagin, McIntosh, Mays, Owens, Palmer, Parkhill, Pelot, Pinckney, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Thomas, Tift, Turman, Wright of Columbia and Yates—40.
So the resolution was lost.
On motion, the Convention adjourned until to-morrow morning 10 o'clock.
SIXTH DAY.
THURSDAY, January 10th, 1861.
The Convention met pursuant to adjournment—a quorum present.
The Rev. Mr. Ellis officiated as Chaplain.
On motion, the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Daniel, from the Committee on Enrolled Bills, made the following report:
The Committee on Enrolled Bills beg leave to report as correctly enrolled the following:
Resolution on Federal Relations.
Respectfully submitted,
Which was received and adopted.
Mr. Davis moved a call of the Convention;
Which was agreed to.
Every member was found to be present.
The following Ordinance of Secession, being the special order of the day, was taken up, viz:
ORDINANCE OF SECESSION.
We, the People of the State of Florida, in Convention assembled, do solemnly ordain, publish and declare,
That the State of Florida hereby withdraws herself from the Confederacy of States existing under the name of the United States of America, and from the existing government of said States; and that all political connection between her and the government of said States ought to be and the same is hereby totally annulled and said Union of States dissolved, and the State of Florida is hereby declared a sovereign and independent Nation; and that all ordinances heretofore adopted, in so far as they create or recognize said Union, are rescinded, and all laws or parts of laws in force in this State, in so far as they recognize or assent to said Union, be and they are hereby repealed.
Upon the question of its passage, the yeas and nays being called for by Messrs. Dawkins and Finegan, the vote was:
Yeas—Mr. President, Messrs. Alderman, Allison, Anderson, Baker of Calhoun, Barrington, Beard, Bethel, Chandler, Collier, Coon, Cooper, Daniel, Davis, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Helvenston, Henry, Hunter, Irwin, Kirksey, Ladd, Lamar, Lamb, Lea of Madison, Leigh of Sumter, Lewis, Love, McGahagin, McLean, McIntosh, McNealey, Mays, Morton, Newmans, Nicholson, Owens, Palmer, Parkhill, Pelot, Pinckney, Sanderson, Saxon, Sever, Spencer, Simpson, Solana, Stephens, Thomas, Tift, Turman, Ward, Wright of Escambia, Wright of Columbia, and Yates—62.
Nays—Messrs. Baker of Jackson, Gregory, Hendricks, McCaskill, Morrison, Rutland and Woodruff—7.
The ordinance was declared adopted at 22 minutes past 12 o'clock.
Mr. Dawkins of Alachua oftered the following resolutions:
Resolved, That the ordinance be enrolled under the direction of the Judges of the Supreme Court of this State, and signed by the members of the Convention, at one o'clock to-morrow, on the portico of the east side of this Capitol, and then be deposited in the archives of the State.
Resolved, That a message be sent to his Excellency the Governor and to both branches of the Legislature, inviting their attendance at the Capitol at one o'clock to-morrow, and that this Convention, in the presence of the constituted authorities of the State and of the people, ratify the Ordinance of Secession.
Resolved, That the President of this Convention invite the Rt. Rev. Bishop Rutledge to attend at 1 o'clock to-morrow, to return thanks to Almighty God on behalf of the People of this State and to invoke His blessings upon these our proceedings.
Which were unanimously adopted.
Mr. Anderson of Jefferson offered the following resolution:
Resolved, That the President of this Convention be instructed to inform the proper authorities of our sister Southern States of the action which Florida has just taken.
Which was adopted.
The Convention was engaged some time in secret session, after which, on motion, adjourned until 11. o'clock to-morrow.
SEVENTH DAY.
FRIDAY, January 11th, 1861.
The Convention met pursuant to adjournment—a quorum present.
The Rt. Rev. Bishop Rutledge addressed the Throne of Grace as follows:
Almighty God, unto whom all hearts are open, all desires known, and from whom no secrets are hid, and who art ever wont to give more than either we desire or deserve, we approach the throne of Thy august majesty this morning, as humble suppliants, imploring Thy benediction and grace. Thou hast nourished and brought us up as children, but we have rebelled against Thee. Nevertheless, let not, we pray Thee, our sins and our iniquities to prevail against us, as that we may feel ourselves to be a people forsaken of their God. Father of Mercies, we invoke Thy protection and guidance in behalf of our civil rulers, and especially in behalf of the Delegates of this Convention here assembled to consummate a work which Thou hast given them to perform—a work in which we trust they have been directed by Thy counsel, and which has been effected in accordance with Thy will: a work which is intended to be for the advancement of Thy glory—the good of Thy Church—and the safety, honor and welfare of this people, in all time to come. They are assembled to put too their hands and their seals to a solemn ordinance, by which our allegiance to a confederated government, (alike regardless of their stipulated covenant and plighted vows, is forever annulled;) and by which is proclaimed to the world our determination to establish for ourselves a government, free and independent, and based upon the eternal principles of truth, justice, equity and love. Let them not, Heavenly Father, proceed to this solemn transaction through strife or vain glory. Let all bitterness and wrath, and anger and clamor, (with all malice,) be put away from among them, and let the fear of God, and the love of God, and the desire of doing that only which shall approve itself to their own consciences and be acceptable to Thee, be the ruling spirit of their minds and hearts; and animated by the same desire, and the same spirit, may all their future deliberations and proceedings be conducted. Impress, too, we beseech Thee, the minds of the people of this land with a sense of the unspeakable blessings and advantages which they may hope to realize under this newly-constructed government of liberty and equal rights and salutary laws. May they thankfully receive the boon which Thy Providence by this day's transaction betokens, and faithfully and diligently maintain and preserve the same. Perpetuate to them and future generations the blessings of peace, liberty and prosperity under this new political organization, as in times past Thou didst grant unto our fathers. Heal all divisions among Thy people, and make them of one mind and one heart and as a band of loving brothers, struggling together in one common cause, let them do all in their power to maintain and defend the institutions of their country against foreign invaders or domestic foes, and ever impress upon our minds this uncontroverted truth, that he only is a true patriot who yields ready and cheerful obedience to the supreme laws of the land and sustains fearlessly the constituted authorities chosen and ordained to administer the same.
Almighty God, to whom alone it belongeth to order the unruly will and affections of sinful men, and whose power no creature is able to resist, to whom all things in Heaven and in earth, and under the earth do bow and obey, take this, our republic, under thy protecting care, and be Thou now and evermore our refuge and our defence. All of which we ask in the Redeemer's name.
Mr. Morton, of Santa Rosa, moved that Mr. Baker of Jackson be granted leave of absence for five days;
Which was agreed to.
Mr. Morton, of Santa Rosa, presented the following paper, and asked that it be spread upon the Journal:
The undersigned desire to set forth in writing the reasons which induced them to vote for the Ordinance of Secession, after the Convention had decided by its vote not to await the action of the States of Alabama and Georgia, and against the submission of the ordinance to the people for ratification or rejection, both of which measures the undersigned felt themselves bound to support and insist on, as well as other amendments looking to co-operation, knowing that their constituents deemed them wise and prudent.
The undersigned have not changed their views, as appears by their votes on the amendments offered to the ordinance, but voted for the ordinance to prevent any injurious effect which might arise from a large negative vote being recorded against secession.
The undersigned wish distinctly to announce to this Convention and the country that they have been and are now as fully alive to the wrongs perpetrated by the North against the South as any member of this Convention, and only differed with this Convention as to the mode and manner of redress.
JOSEPH A. COLLIER,
S. S. ALDERMAN.
Mr. Cooper of Nassau moved that leave of absence be granted
to Mr. Lea of Madison until Monday next;
Which was agreed to.
Mr. Daniel of Duval moved that leave of absence for one week from to-morrow be granted to Mr. Baker of Calhoun;
Which was agreed to.
Mr. Ward of Leon offered the following resolution:
Resolved, That the action of this Convention having terminated all Federal relations on the part of this State, the Committee on Federal Relations shall be blended with the Committee on Foreign Relations;
Which was adopted.
Mr. Ward of Leon moved that he be discharged from the duties of Chairman on the Committee on Foreign Relations, and that Mr. McIntosh be substituted in his stead;
Which was agreed to.
Mr. Pelot of Alachua moved that Mr. Sever of Madison be alowed leave of absence until Monday next;
Which was agreed to.
Mr. Pelot of Alachua moved that Mr. Helvenston of Levy be allowed leave of absence for one week;
Which was agreed to.
Mr. Ward of Leon offered the following resolution:
Resolved, That in addition to the other Standing Committees of this Convention, there be appointed by the President the following Committee:
Committee on Internal Improvements.
Committee on Schools and Colleges.
Committee on Charters and Corporations.
Commmittee on Agriculture.
Which was adopted.
Mr. Daniel of Duval moved that a committee of three be appointed to wait upon the Right Rev. F. H. Rutledge, Bishop of the Diocese of Florida, and request for the purpose of being spread upon the minutes of this Convention, a copy of the beautiful, appropriate and patriotic prayer with which the Convention was this morning opened;
Which was agreed to.
Mr. Ward of Leon moved that the rules be waived and a motion be entertained that leave of absence be granted to Mr. Alderman of Jackson for one week;
Which was agreed to.
Mr. Folsom of Hamilton, from the Committee on Credentials, made the following report:
The Committee on Credentials, to whom was referred the matter of the contested election from the counties of Columbia and Suwannee, beg leave to make the following report:
That A. J. T. Wright, the occupant of the seat in this Convention from said counties, holds the same by virtue of the certificate of the Judge of Probate of the county of Columbia; that by the returns of said election, as canvassed by said Probate Judge, it appeared that said Wright was elected by a majority of nine votes; but the Committee further find that the Judge of Probate in Suwannee county failed to canvass and count the returns from two precincts in that county, to wit: Plowdens and Columbus precinct; that at said Plowdens precinct the occupant, Wright, rceived a majority of four votes, and at said Columbus precinct the contestant, John W. Jones, received a majority of twenty-six votes, leaving a clear majority in the two counties for the contestant of thirteen votes.
Waiving all formalities, your Committee are of the unanimous opinion that the will of the majority of the voters of said counties should be respected, and that the said John W. Jones should be admitted to his seat in this Convention, and that the said A. J. T. Wright is not entitled to the same.
In view of the fact that the said Wright received the certificate of election in this case, and has been in no way to blame for the part he has taken in the matter, your Committee would respectfully recommend the passage of the following resolution:
Resolved, That John W. Jones be admitted to the seat in this Convention from the counties of Columbia and Suwannee heretofore occupied by A. J. T. Wright.
L. A. FOLSOM, Chairman,
RHYDON G. MAYS,
WILLIAM W. WOODRUFF,
THOMPSON B. LAMAR.
Which was read and on motion of Mr. Lewis adopted.
Mr. Dawkins of Alachua moved that a committee of three be appointed to make suitable arrangements for signing the Ordinance of Secession at 1 o'clock;
Mr. Turman, of Hillsboro, moved that John W. Jones come forward, sign the roll and take his seat.
Mr. Allison, of Gadsden, moved to reconsider the vote taken this morning in relation to the contested election of Suwanee and Columbia counties;
Which was agreed to.
The President read the following communication from Hon. E. C. Bullock, the Commissioner from the State of Alabama:
Sir:—I am indebted to the Convention of Florida and the people whom they represent for so much kindness and courtesy during my stay here, as the Commissioner of Alabama, that I am unwilling to depart without some formal expression of my gratitude. Be pleased to communicate to them my high appreciation, both for myself and on behalf of the State of Alabama, of the warmth and cordiality with which I have been received and treated, and my firm conviction, founded on the very recent assurances of her chief magistrate, as well as my own judgment, that the secession of Alabama cannot be delayed beyond the present week.
Not long divided in their withdrawal from a Union of "irrepressible conflict," I fervently hope that Florida and Alabama will soon be united in that new Union of brotherly love in which a homogeneous people, taking their destiny into their own hands, shall exhibit to the world the highest development of free government and the noblest phase of true civilization.
With very great respect,
To Hon. J. C. McGehee, President of the Convention.
Ordered to be spread upon the Journal.
The following communication from his Excellency the Governor was received by the President, read and ordered to be spread upon the Journal:
Executive Department,
Tallahassee, Jan. 11th, 1861.
To the Hon, Jno. C. McGehee, President of the Convention:
Sir: I yesterday afternoon received at the hands of the Secretary of the Convention, its resolution providing for and appointing a Committee of "Public Safety." Immediately thereupon, and in advance of any knowledge on my part of the passage by the Convention of its resolution of the 10th inst., I invited to a Conference said Committee, and advised them fully of my action in reference to the matters mentioned in the resolution last named. To that Committee I respectfully refer the Convention for such information as they may deem it not inconsistent with the public interests to lay before your body.
This, I trust, will be deemed by the Convention a sufficient compliance with the request embraced in said resolution.
Very respectfully,
Mr. Dawkins, of Alachua, from the Committee on Arrangement, made the following report:
The committee to whom was referred the subject of making arrangements for signing the Ordinance of Secession, beg leave to report that they have discharged that duty.
Mr. Sanderson of Duval, Chairman of the Committee on Ordinances, made the following report:
The Select Committee on Ordinances respectfully report herewith:
An ordinance providing for extending the jurisdiction of the State of Florida over the Forts, Arsenals, &c., within the limits of the State; also,
An ordinance conferring upon the General Assembly of the State power to repeal, alter or amend the act of Congress of force in this State, and other powers enumerated therein, and so altering and amending the Constitution of the State as to enable the executive, legislative and judicial departments of the State of Florida to discharge the several duties heretofore devolved upon the executive, legislative and judicial departments of the late Federal Union; and recommend that the ordinances herewith presented be referred to the Standing Committee on the Judiciary, with instruction to consider and report upon the same for the action of this Convention.
Also the following report:
The Committee on Ordinances beg leave to report to the Convention the accompanying ordinances, viz:
An ordinance prescribing the action of persons holding offices in the State under the late Federal Government; also,
An ordinance creating District Courts of Admiralty and Foreign Jurisdiction; also,
An ordinance vesting in the General Assembly of the State power to regulate citizenship, &c.; also,
An ordinance authorizing the Governor of this State to accept the services of certain citizens therein indicated; also,
Ordinances making provision for uniting with other States in the formation of a Southern Confederacy.
All of which are respectfully recommended to the favorable consideration of the Convention.
Also the following report:
The Committee on Ordinances further report a series of four ordinances regulating commerce and prescribing the duties of collectors, &c., and recommend that they be referred to the Standing Committee on Foreign Relations, Commerce and Trade.
Respectfully,
Also the following report:
The Committee on Ordinances also report herewith two Ordinances, providing for the continuance of the mail service in the State, and for organizing a Post Office Department, and recommend their reference to the Committee on Postal Arrangements.
Your Committee respectfully suggest, having now reported to the Convention the principal Ordinances necessary to inaugurate the new government for the State, and believing that whatever other Ordinances may be required, would come more properly from the appropriate Standing Committees of the Convention, that this Committee be discharged.
On motion of Mr. Davis of Leon, the respective reports were concurred in.
Mr. Call, Chairman of the Joint Committee of the two branches of the General Assembly, reported that their respective bodies are now ready and accept the invitation to attend the ratification of the ordinance.
Mr. Ward of Leon moved that Winer Bethel, a delegate from Monroe county, be allowed to withdraw his vote given yesterday on the passage of the Ordinance of Secession upon the ground of a question of legal liability as a naturalized citizen of the United States;
Which motion was adopted.
Mr. Daniel of Duval, from the Committee on Enrolments, made the following report:
The Committee on Enrolments beg leave respectfully to report, that, in obedience to a resolution adopted by this Convention, the enrolment of the "Ordinance of Secession" has been properly and correctly made under the direction of the Judges of the Supreme Court of the sovereign State of Florida, and the same is now submitted to this Convention for signature.
We beg leave to present further the following correspondence between the Hon. Judges and Miss Elizabeth M. Eppes of this city, and ask that the same be spread upon the minutes of this Convention.
All of which is respectfully submitted.
(copy.)
Miss Elizabeth M. Eppes:
By resolution of the Convention of the People of the State of Florida, we, the Judges comprising the Supreme Court of this State, are appointed to direct the enroling of the Ordinance of Secession passed this day by them.
In discharging our duty, we have directed that the Ordinance be enroled on parchment and bound with blue ribbon. The honor of binding the same, we have, with your permission, entrusted to you, believing that you, as one of the native daughters of our beloved Florida, and a lineal descendant of the immortal author of the first Declaration of American Independence, will cheerfully lend your aid in embellishing the parchment which contains the Declaration of the Independence of the Sovereign State of Florida.
Yours with great respect,
CHAS. H. DuPONT,
WM. A. FORWARD, Judges S. C. State of Fla.
D. S. WALKER,
Tallahassee, Fla., Jan. 10th, 1861.
Hon. C. H. DuPont, Hon. Wm. A. Forward and Hon. D. S. Walker, Associate Justices Supreme Court of Florida:
Gentlemen:—Your honored and esteemed favor of this evening is just received "soliciting my aid in embellishing" by your order, "with blue ribbon, the parchment containing the Declaration of the Independence of the Sovereign State of Florida." I thank you, gentlemen, for the honor and the flattering terms in which your communication is couched. With you, I glory in the solemn act of our own State independence; and in behalf of the ladies of my native State of Florida, I assure you we go heart and hand into the cause, and will do all in our feeble power to assist in the maintenance of her proud Declaration of Independence. I cheerfully accept the portion of duty assigned me, and will embellish the immortal Parchment as you desire and request.
I have the honor to be, yours respect'y,
Which was read.
Mr. Beard of Leon moved that Committees of three each be appointed by the President to wait on his Excellency the Governor, both branches of the Legislature, and upon the Judges of the Supreme Court, and inform them that the Convention is now ready to proceed to the East Portico of the Capitol, to ratify the Ordinance of Secession and invite their attendance;
Which motion was agreed to and the Committees appointed.
Mr. Beard of Leon, from the Committee, to wait on the Governor, reported that the Committee had performed the duty assigned them, and that the Governor, from indisposed health, could not be present at the signing of the Ordinance of Secession, but that Gen. Milton, Governar elect, was present, and would officiate on the occasion.
The Convention then proceeded in procession to the east portico of the Capitol, and after prayer by the Rt. Rev. Bishop Rutledge, signed the Ordinance of Secession before the assembled citizens of Florida.
After which the President declared that the State of Florida was a free and independent State, and that all political connection between her and the "existing government of the United States" was dissolved.
Gen. Milton, Governor elect, in behalf of the Ladies of Broward's Neck of Duval county, presented to the Convention and to the people of Florida a beautiful flag, which was received and responded to by the President.
The Convention returned to their Hall and resumed business.
On motion of Mr. Davis of Leon, the Convention went into Committee of the Whole on an ordinance to provide for the assembling of a Convention of all the seceding slaveholding States, Mr. Pelot of Alachua in the Chair. After some time spent therein, the Committee rose, reported progress and asked leave to sit again;
Which report was concurred in.
Mr. Davis of Leon made the following report:
The Select Committee on South Carolina Relations, to whom was referred the communication made to this House by the State of South Carolina, through her Commissioner, and in compliance with the instruction of the Convention, beg leave to report that they have had the same under consideration, and recommend that the proposition made by the State of South Carolina for the holding of a Convention of such slaveholding States as have seceded or may secede from the Federal Govermnent, be acceded to, with the exception that a change should be proposed by this Convention, to wit: that the powers of the Deputies be enlarged as to the time and place of the holding of the Convention.
Which, on motion, was received and spread upon the journals.
Mr. Davis of Leon, from a Select Committee, made the following report:
The Select Committee on Communications from South Carolina report that they have had the accompanying resolution before referred to them under consideration, and beg leave to report the same back without amendment, and recommend its passage.
Resolved, That the Convention do receive with pleasure the communication which has been made to this body by the State of South Carolina through her Commissioner, signifying to this Convention that South Carolina has assumed the position of an independent sovereignty, and that we, the People of Florida, in Convention assembled, do heartily recognize the correctness and the justice of the act by which South Carolina has assumed the character which she now occupies, and in which, we, the People of Florida, in Convention assembled, do now receive her Commissioner as a free and sovereign State.
Which was read and the resolution adopted.
Mr. McIntosh of Calhoun moved that a certified copy of the report of the Select Committee be furnished the Commissioner from the State of South Carolina;
Which was agreed to.
On motion, the Convention adjourned until Monday next, 12 o'clock, M.
EIGHTH DAY.
MONDAY, January 14, 1861.
The Convention met pursuant to adjournment—a quorum present.
Prayer by the Rev. E. L. T. Blake.
On motion, the reading of the minutes was dispensed with.
On motion of Mr. Beard of Leon, the Standing Committees, as now arranged, were ordered to be published in the proceedings of the Convention.
Mr. Morton of Santa Rosa moved leave of absence be granted to Mr. Simpson, for eight or ten days;
Which was granted.
Mr. Beard of Leon moved that the following additional Standing Committees be appointed, viz:
A Committee on Ways and Means;
A Committee on the State Constitution;
Which was lost.
Mr. Finegan of Nassau moved the following ordinance:
AN ORDINANCE TO AMEND THE SEVENTH ARTICLE OF THE CONSTITUTION OF THIS STATE CONCERNING MILITIA.
Sect. 1. Be it ordained that the seventh article of the Constitution of this State be and the same is hereby annulled, and in lieu thereof the following ordinance adopted:
It shall be the duty of the General Assembly to provide for the election or appointment of such military or militia officers and the establishment of such military departments as may be proper to secure a thorough organization of the military strength of the State.
Sect. 2. All violations of the military laws of the State shall be tried before court martials, to be held in such mode and manner as the General Assembly may prescribe.
Sect. 3. The fifth section of the sixth article of the Constitution of this State, disqualifying certain persons from holding office, shall not be held or deemed to apply to military officers.
Which was read, and referred to the Committee on Militia and Internal Police.
Mr. Finegan of Nassau moved the following:
Be it Ordained by the People of the State of Florida in Convention assembled, That the third and eighth sections of the sixth article of the Constitution of this State be and the same are hereby annulled.
Which was ordered to be printed and laid on the table until to-morrow.
Mr. Folsom of Hamilton moved the following:
AN ORDINANCE TO REMOVE DISABILITIES ARISING UNDER THE FIFTH SECTION OF THE SIXTH ARTICLE OF THE CONSTITUTION.
Be it ordained by the People of the State of Florida in Convention assembled, That all persons laboring under any disability from holding office under the fifth section of the sixth article of the Constitution are hereby reinstated and empowered to hold office, either civil or military, under this State, as fully as if such disability had not attached.
Which was ordered to be printed and laid on the table until to-morrow.
Mr. Morton of Santa Rosa moved the following:
Be it ordained, That the Governor of this State be, and he and he is hereby authorized to appoint and commission William H. Chase of Escambia county a Major General in the army of Florida.
Which was ordered to be printed and laid on the table until to-morrow.
Mr. Ward of Leon offered the following resolution:
Resolved, That the Committee on the Militia inquire into the expediency of making it the duty of the Legislature to adopt and prescribe by law a uniform dress for the troops of the line and general and staff officers, and report thereon.
Which was laid on the table until to-morrow.
Mr. Ward of Leon offered the following resolution:
Resolved, That the 24th rule shall be so amended that every resolution or ordinance introduced shall lie on the table for one day, unless by consent of four-fifths of the Convention it may be ordered otherwise.
Which was adopted.
Mr. Folsom of Hamilton offered the following resolution:
Resolved, That it is the sense of this Convention that all the Standing Committees be in readiness to report their action to this Convention on Tuesday next, or at an early day as possible;
Which was adopted.
Mr. McIntosh of Calhoun offered the following resolution:
Resolved, That Commissioners be appointed by this Convention, one to each of the Conventions to be held in the respective States of Georgia, Louisiana, Texas and Arkansas; that the said Commissioners be accredited severally to the said Conventions by the Governor of this State, under the seal of State, and that their instructions be furnished to them by the President of this Convention;
Mr. Morton of Santa Rosa moved that the resolution be amended by adding the States of Tennessee and Virginia;
Which amendment was agreed to, and on motion the resolution was laid on the table until to-morrow.
Mr. Pelot of Alachua offered the following resolution:
Resolved, That the Treasurer be authorized to pay R. D. Jordan mileage and per diem for six days service in this Convention as member from Holmes county;
Which, on motion, was placed among the orders of the day for to-morrow.
Mr. Pelot of Alachua offered the following preamble and resolution:
Be it resolved by the Delegates of the People of Florida in Convention assembled, That they do respectfully recommend and urge the Legislature of our State, now in session, to pass a law legalizing the suspension of specie payments by the Banks of Florida, and also preventing, upon such conditions as may appear to be just and proper, the collection of money in all cases, on execution or other compulsory process, until the 1st day of January, 1862;
Which, on motion, was placed among the orders of the day for to-morrow.
Mr. Finegan of Nassau offered the following resolution:
Resolved, That A. J. T. Wright be entitled to the same pay and emoluments as are allowed to other members of this Convention for the period he has served as a member thereof.
Which, on motion, was placed among the orders of the day for to-morrow.
Mr. Turman of Hillsborough offered the following resolution:
Resolved, That the Secretary of State be requested to furnish seventy copies of the Constitution of the State for the use of the Convention;
Which was adopted.
Mr. Davis of Leon offered the following:
Resolved, That the Committee on Foreign Relations be directed to take under their consideration and report to the Convention whether the present critical affairs of this State and other of the slaveholding States of the South, which have declared themselves independent of the late United States, do not require that there should be a speedy assemblage of a Convention of such States, to provide for their common defence and general welfare, and that the Committee have leave to report by ordinance or otherwise;
Which, on motion, was placed among the orders of the day for to-morrow.
Mr. Thomas of Hamilton offered the following resolution:
Resolved, That no new matter, by resolution or otherwise, shall be presented to this Convention after Thursday next;
Which, on motion, was placed among the orders of the day for to-morrow.
Mr. McIntosh of Calhoun, from the Committee of Foreign Relations, made the following report:
The Committee, to whom was referred the following ordinances, beg leave to report back the same with amendments.
Which, on motion, was received.
Mr. Davis of Leon, from the Judiciary Committee, made the following report:
The Committee on the Judiciary have instructed me to report to the Convention the accompanying Ordinances and recommend their adoption.
First—An Ordinance to establish two Courts in this State to be styled District Courts of the State of Florida, to define their jurisdiction, provide for the appointment of Judges, and to ascertain their salaries.
Second—An Ordinance to provide for the continuance of all offices which existed in this State under the laws of the United States on the 10th January, 1861, and retaining the persons in such offices who held the same at such time, and providing for their salaries and emoluments, and for an oath of allegiance to the State to be taken by such officers.
Third—An Ordinance to provide for the continuance of force in this State of certain of the laws of the United States which were of force in the State on the 10th day of January of the present year, and for keeping in full force and effect, and continuance of all Judgments and Judicial proceedings which existed or were pending in the District Courts of the United States at the date aforesaid.
Which Ordinances they recommend may be adopted.
Also the following report:
The Committee on the Judiciary, to whom was referred the Ordinances herewith returned, which Ordinances were reported to the Convention by the Select Committee on Ordinances, and by the Convention referred to this Committee,
REPORT
That they have had the said Ordinances under consideration, and that, as to the ordinance numbered 13, they recommend that the same be amended by striking out the words "or contract," words "to adopt new laws, create new offices, establish new mail routes," in 4th line; insert word "and" after word executive, and striking out word "judicial," 7th line; and striking out word "judicial," in 9th line; and with these amendments they recommend said ordinance be adopted.
And your Committee further report, that in their opinion said ordinance numbered 3 is not necessary, inasmuch as the necessary consequence of the independence of the State is the destruction of all foreign power and jurisdiction within her territory, and that the adoption of the ordinance, whereby the separate and independent sovereignty of the State was declared, of itself abolished all jurisdiction heretofore possessed in this State by the government of the United States under the Constitution of the United States. They therefore recommend that the ordinance numbered 3 do not pass.
Which, on motion, was received and eighty copies of the ordinances reported ordered to be printed for the use of the Convention.
Mr. Daniel of Duval, from the Committee on Postal Affairs, made the following report:
The Committee on Postal Affairs respectfully
REPORT:
That sound policy and a proper regard for the social and commercial intercourse of the country dictate, that all laws concerning Postal arrangements made by the government of the United States while Florida was one of those States, should be treated by the State of Florida as being in full force, so long as the existing government of said remaining States will allow them so to be considered; and until some alterations should be made therein by that government, none should be made by this.
But as it is to be apprehended that, (under the new relations now assumed by this State,) great and radical changes in, and most probably an entire suspension of all mail facilities will at an early day be made, it becomes the duty of this Convention to make all needful provisional arrangements for this service.
Your Committee, however, see no sufficient reason to think that any such change will be made, so long as Georgia shall remain a member of the existing Confederacy. But as it is now assumed to be as certain as any event yet to take place can be, that Georgia will, within a few days, withdraw herself from said Confederacy, it is reasonable to presume that, after that event, no mail will be dispatched by the existing government to any point within the territory of South Carolina, Georgia, Alabama, Mississippi or Florida. But we can see no just cause to doubt that the mails will be carried as usual along the existing routes in the States of North Carolina, Tennessee and Louisiana, as far as the most Southern Distributing Offices in the two former, and to the city of New Orleans in the latter; and that to these points in the several States will be carried letters and other mail matter addressed to residents of the seceding States. Should this prove to be the actual result of the withdrawal of the five States, it will then become necessary for Florida to provide for transporting the mail-matter of her citizens from these points, say from Wilmington on the North, and New Orleans on the West.
As regards the Northern mail, your Committee are of opinion that the necessity of any thing more than providing for carrying the mails within our own State, will be removed by the action of South Carolina, Georgia and Alabama—inasmuch as upon these States will devolve the duty of bringing their own mails from the points of delivery on the Southern borders of North Carolina and Tennessee. And it is not to be doubted that all mails destined for Florida will be most cheerfully embraced in such arrangements as they make for themselves; and we venture to say on very reasonable terms, if we may take the generous and noble offer of aid recently tendered by the Executive of South Carolina to his Excellency Governor Perry, as a basis of our judgment. But inasmuch as a direct route by sea from Charleston to any point in Florida would be liable to interruption in case of blockade or hostile measures on the part of the existing Federal government, and will also involve additional cost, we think our mails should take the course of the Carolina and Georgia routes—i.e., by rail to Savannah, and by steamer along the inland passage to Fernandina. From this place there can, by contracts now for the most part actually existing, be forwarded along the lines of the two Rail Roads, and up the St. Johns, to almost every part of the State, East, South and West.
In case, however, of actual war, (which we do not apprehend,) our mails must, of necessity, come down the various lines of Rail Road through Georgia to the Florida line, and thence by existing routes and contracts, be distributed through the State. The only material change under either of these systems, would be that Florida will have her quota of the cost of transportation to the borders to pay, as also the entire cost within her bounds, so far as the same may exceed the income from postage.
The mail from the West, your Committee think, may be brought by steamer from New Orleans, via Mobile, Pensacola and Apalachicola to St. Marks, and even to Cedar Keys and to Tampa, if thought advisable—and from these points may be distributed through the entire State. It has been suggested to your Committee that an arrangement to this effect may, at any time, be made on favorable terms, with a boat proposed to be put on that line for freight.
Should, however, blockade or actual war be resorted to, this mail may still be brought by the old land route, via Mobile——Florida paying her proportion of the cost.
The detail of the mode and manner in which all this may be done, would be too voluminous for a Report to the Convention, or for an Ordinance to be adopted by that body, and may with more propriety be left either to the action of the General Assembly, or to an officer who shall be hereafter appointed by that body, in the capacity of a Post Master General, as may seem best to the General Assembly.
Under this arrangement for our mail service, however, the Northern States being to us a Foreign Government, there will be on each letter or paper a foreign, as well as domestic postage; and thus the cost or postage will be increased. Indeed, it becomes a question for the consideration of this Convention or of the Legislature of the State, whether even the domestic postage should not be increased, for the purpose of thereby enabling the revenue of this Department to approximate its expenditure.
And whether, in the same connection, in many of the sparsely populated sections of the State, especially in the South and South East, much expense may not, and ought not to be saved, by discontinuing remote routes, now costing each from three to five hundred dollars per annum, and at no time carrying more than six or eight letters and papers.
Your Committee fully appreciate how obnoxious it is to add to the burthens, or lessen the conveniences of the people in this respect. But we are purchasing freedom from Northern tyranny by sacrifices numerous and great, and this must be of the number. Shallow and short-lived indeed must be that patriotism which cannot submit to such trials, and that without a murmur. Such was not the patriotism of our fathers of '76. To them, news of great political events—of battles upon which was suspended the fate of their country—of the welfare of loved ones at home, and on the battle field, was not carried on the lightning's flash. And shall the sons of such sires murmur at such petty privations, as the price of their Liberty?
Should, however, the existing Federal Government, in blind infatuation and hatred, refuse to carry our mails at all, then your Committee can only suggest, that private agencies be appointed at each of the points indicated above, and others on the Southern boundary of the border States, and that all mail matter intended for the South, being pre-paid, should be forwarded under cover to such agents, and thence mailed to their proper destination, the domestic postage to be paid by the parties receiving. So likewise with letters sent North, except that on these the domestic postage must be pre-paid, and also a stamp placed on them for foreign postage. All this will, no doubt, be cumbrous and annoying, but we trust of short duration.
Under this arrangement, your Committe are of the opinion that all mail service for this State, except that for Key West, may be had. In regard to this, your Committee would suggest that all mail matter for that point may be carried by the now existing routes to Tampa; and thence by a weekly line either by sail or steam to Key West; and if by steam, (and if not prevented by a state of war,) the mail may go through to Havana. This service by steam, your Committee are informed, may in all probability be effected at a very inconsiderable cost by means of a steamer now engaged in cattle trade, and running regularly from Tampa to Havana.
All the foregoing suggestions, however, are based upon the presumption that there will be no hostile collision between the existing Federal Government and the seceding States. Should we, however, be mistaken in this, and should the blind infatuation of Northern fanatics, or the weak vacillation of Mr. Buchanan, proceed to such extremity, then all commercial intercourse becomes illegal; and it will be neither to the interest, nor consistent with the safety of the Southern States to permit the interchange of mails. But your Committee cannot be brought to believe that either the present or future President of the Northern Confederacy can be so absolutely insane as to imagine that he can, by force of arms, effect a voluntary Union of States. Union by force is involuntary, and hence a misnomer. But should it end in this, your Committee rely with great confidence on the fact that the interests of the great commercial cities of New York and Pennsylvania are so entirely dependent upon an unrestricted intercourse with the Southern States, that the great cotton factories of the North and East depend so wholly upon the South for the raw material, that the subsistence and indeed the very existence of the laboring class of these States, that great artery through which passes the pulsations of the whole frame-work of Northern society, rests so completely and fully upon employment—constant, daily employment by these interests—we feel assured that any Government seeking to break up all these interwoven and dependent interests, will find at home an enemy sufficiently powerful to bring it to terms.
Under these impressions, your Committee recommend the adoption of the following Ordinances, to-wit:
1st. That the laws of the United States in relation to post-offices, mail routes, contract, and all other postal matters, heretofore made, and in force in the State of Florida, at the date of this Ordinance, so far as the same may be applicable to a single State, shall remain and continue in full force in this State until the same shall be altered or repealed under the authority of this Convention.
2nd. That all persons who, at the date of this Ordinance, hold office in the State of Florida, under the Government of the late United States, connected with the mail service, whether as post-masters, or in any other way, be, and they are hereby continued in office under the Government of this State, until otherwise provided under the authority of this Convention, or until their several offices shall have been abolished or vacated by proclamation by the Chief Magistrate of the State of Florida; and all persons so holding office shall receive the same compensation and emoluments for their service as they are now entitled to; and all vacancies in their respective offices, whether occurring by death, resignation, or otherwise, shall be filled, until otherwise provided, by the Governor of the State, by and with the advice and consent of the Senate, when in session.
3d. That the several mail routes which lie in whole or in part in the State of Florida, or in its adjacent waters, and the contracts now subsisting for carrying the mails thereon, be and they are hereby continued until otherwise provided under the authority of this Convention, or until, by proclamation by the Chief Magistrate of the State of Florida, they shall be suspended or discontinued; and that all amounts falling due under said contracts be paid out of any moneys in the Treasury of the State of Florida not otherwise appropriated.
4th. That the General Assembly of the State of Florida do provide for the appointment or election of a competent person who shall, for the State of Florida, discharge all the duties heretofore performed by the Post Master General of the United States, so far as the same may be applicable to a single State, subject however to such modifications as the said General Assembly may prescribe, and whose duty especially it shall be to negotiate with the proper authorities of the States of South Carolina, Georgia and Alabama, for the joint payment of the expense of transporting the mails over such routes as may have one of their termini in either of said States and the other in Florida.
5th. That the General Assembly of Florida shall have power to repeal, alter, or amend any act of Congress in relation to postal affairs, herein declared to be in force in this State; to abolish any Post Office established by and under the authority of the late Federal Government; to dispense with any existing mail route or contract; to adopt new laws, create new offices, establish new mail routes, and authorize the letting of new contracts, as may from time to time be required by the mail service in this State.
Respectfully submitted,
Which was received and placed on the table.
Mr. Finegan of Nassau, from the Committee of Sea Coast Defences, made the following report:
The Committee on Sea Coast Defences have instructed me to report:
That Fernandina, the mouth of the St. Johns, Tampa, Cedar Key, St. Marks and Aplaachicola are all points at which an enemy could land and find greater or less facilities for reaching the interior and devastating the country, and these points should consequently be provided with as ample means of defence as it is in the power of the State to furnish on so short a notice. At none of these points did the late Federal Government, during its existence, make any provision whatever for the defence of the people, saving at Fernandina, where there is a Fort in process of erection, but which is as yet in so unfinished a condition as to be insusceptible of defence and harmless as a means of offense.—At St. Augustine is a Fort amply sufficient for the defence of the city, which is in our possession. At Key West, Fort Taylor, a work of great strength, commands the city, and would be a complete protection thereto, but it is unfortunately still in the hands of the Federal troops. The Tortugas, another work of great strength, is also in the hands of the Federal troops, but is so far removed from the main land as only to be valuable in a commercial point of view, not as a matter of defence. Pensacola is also strongly fortified, and would be impregnable if all her defensive works were in our possession, which however is unfortunately not the case as yet, but nothing more need be done for her citizens.
Your Committee are very far from apprehending any invasion of the State at any of the points indicated: they are unable to conceive of any considerations which could induce the Federal Government to adopt such a course. It is, they admit, extremely probable that an attempt will be made to collect Federal duties by ships of war stationed off the more important ports in the seceding States, perhaps even to blockade these ports and totally cut off their commerce; but that will only lead to collisions on the high seas, and will not disturb the internal peace of the country, and it is further confidently expected that the whole power of the late Federal Government will be required to blockade Charleston, Savannah, Mobile and New Orleans, leaving the Florida coast undisturbed, though perhaps the large commerce of Apalachicola may attract a small share of attention. Under these circumstances, your committee deem it only necessary to recommend that the proper Military authorities of the State, if not already authorized, be, by the passage of proper laws, authorized to provide suitable field batteries for the undefended points, to be under the command of local officers, for the purpose of preventing any landing which might possibly be attempted for the purpose of insult or plunder, if it were known that it might be done with impunity. At Fernandina, and at other points also perhaps, they would suggest the erection of Sand Batteries, under the supervision of the local Military, which would be sufficient to protect the port against the incursions of a single vessel, all that the State can now attempt. But the details of any plan of defence at any point must so necessarily be left to the discretion of the officer charged with the same, that your Committee refrain from any further suggestions, presuming that the Committee on Military Affairs will report an ordinance, if any is necessary, that will enable the proper steps to be taken.
Which is respectfully submitted.
Which was received and placed on the table.
Mr. Folsom of Hamilton moved that the resolution on the table, reported by the Committee on Credentials, giving Mr. John W. Jones the seat now occupied by A. J. T. Wright of Columbia county, be now taken up and acted on;
Which was agreed to and said resolution adopted.
Mr. John W. Jones, the said contestant, thereupon signed the roll and took his seat in the Convention.
On motion, the Convention took a recess until 4 o'clock.
4 O'CLOCK, P.M.
The Convention resumed its sesssion.
Mr. Davis of Leon moved a call of the House be had;
Which was agreed to.
Mr. Davis of Leon offered the following resolution:
Resolved, That this Convention will not adjourn sine die until it has been so ordered by a vote of two-thirds of this Convention;
Which was ordered to be laid on the table until to-morrow.
The President announced the following Standing Committees:
Committee on Internal Improvements—Messrs. Sanderson of Duval, Allison, Chandler, Irwin, Gettis, Hunter and Folsom.
Committee on Schools and Colleges—Messrs. Thomas of Hamilton, Anderson, Wright, Lewis, McGahagin, Gary and Collier.
Committee on Charters and Corporations—Messrs. Lamar of Jefferson, Morton, Pelot, Tift, Simpson, Love and Dawkins.
Committee on Agriculture—Messrs. Cooper of Nassau, Alderman, Baker of Calhoun, Barrington, Coon, Devall and Gregory.
Mr. Finegan offered the following:
AN ORDINANCE TO AUTHORIZE THE ESTABLISHMENT OF A STATE BANK.
Be it ordained by the People of the State of Florida in Convention assembled, That the General Assembly of this State be and they are hereby authorized to establish a State Bank, for the liabilities of which the faith of the State shall be pledged, and whose bills shall be a legal tender in the State of Florida;
Which, on motion, was ordered to be laid on the table until to-morrow.
The Convention went into secret session, and, after some time spent therein, the Convention resumed its session.
Mr. Sanderson of Duval offered the following resolution:
Whereas, The State of Florida has severed her connection with the late Federal Union, it becomes necessary and proper that official notice of that fact should be communicated to the President and government of said Confederacy—Therefore,
Resolved, That the Hons. S. R. Mallory, D. L. Yulee and George S. Hawkins be and they are hereby appointed Commissioners of the State of Florida, and duly commissioned by this Convention to perform that duty, and such other as may be proper.
The rule was waived and the resolution put upon its passage.
After some discussion, Mr. Gary of Marion offered the following amendment:
Strike out in the preamble, "it becomes necessary and proper," and substitute "it is proper."
Which was adopted.
Mr. Beard of Leon moved the following as a substitute:
Whereas, The State of Florida has severed her connection with the late Federal Union, notice of that fact should be communicated to President Buchanan;
Resolved, That the Hons. S. R. Mallory, D. L. Yulee and Geo. S. Hawkins be and they are hereby appointed Commissioners for that purpose;
Which was agreed to and adopted.
Mr. McIntosh offered the following resolution:
Resolved, That copies of all resolutions referring to the Executive be transmitted to him by the President of this Convention.
The rule was waived and said resolution adopted.
Mr. Davis of Leon oftered the following resolutions:
Resolved, That this Convention doth authorize and empower the Governor of this State to employ the Militia of this State, and of such forces as may be tendered to the State from the States of Alabama and Georgia, to defend and protect the State and especially the forts and public defences of the State now in the possession of the State, and that the Governor be authorized to make all necessary arrangements for the support and maintenance of such troops, and carrying on the public defences.
Resolved, That it is the sense of this Convention that the Governor should not direct any assault to be made on any fort or military post now occupied by Federal troops, unless the persons in occupation of such forts and posts shall commit overt acts of hostility against this State, its citizens, or troops in its service, unless so directed by a vote of this Convention.
Which were referred to the Committee on Sea Coast and Harbor Defences.
On motion the Convention adjourned until 10 o'clock to-morrow morning.
STANDING COMMITTEES OF THE CONVENTION.
Committee on Judiciary.
Messrs. DAVIS,
GETTIS,
SANDERSON,
BETHEL,
STEPHENS,
GARY,
DILWORTH.
Federal Relations.
Messrs. McINTOSH,
WARD,
LAMAR,
DAWKINS,
MORTON,
HUNTER,
LEIGH of Sumpter.
Foreign Relations, Commerce and Trade.
Messrs. WARD,
FINEGAN,
OWENS,
NICHOLSON,
McINTOSH.
FOLSOM,
HELVENSTON.
On Militia and Internal Police.
Messrs. PARKHILL,
ANDERSON,
BAKER of Calhoun,
GARY,
COOPER,
COLLIER,
DEVALL.
On Sea Coast Defences.
Messrs. FINEGAN,
SOLANA,
PINCKNEY,
LADD,
WRIGHT of Escambia
SIMPSON,
SPENCER.
On Public Lands.
Messrs. ALLISON,
McGAHAGIN,
PALMER,
THOMAS,
MORRISON.
COON,
GOLDEN.
Taxation and Revenue.
Messrs. BEARD,
DILWORTH,
MAYS,
PELOT,
BAKER of Jackson,
CHANDLER,
GREGORY.
On Enrollments.
Messrs. DANIEL,
LAMB,
BARRINGTON,
HENRY,
SAXON,
THOMAS,
ALDERMAN.
On Internal Improvements.
Messrs. SANDERSON,
ALLISON,
CHANDLER,
IRWIN,
GETTIS,
HUNTER,
FOLSOM.
On Charters & Corporations.
Messrs. LAMAR,
MORTON,
PELOT,
TIFT,
SIMPSON,
LOVE,
DAWKINS.
On Printing and Contingent Expenses.
Messrs. TURMAN,
KIRKSEY,
LOVE,
LEA of Madison,
McCASKILL,
SEVER,
McNEALEY.
On Postal Affairs.
Messrs. DANIEL,
BEARD,
MORTON,
DEVALL,
GETTIS,
SPENCER,
HELVENSTON.
On Schools and Colleges.
Messrs. THOMAS,
ANDERSON,
WRIGHT,
LEWIS,
McGAHAGIN,
GARY,
COLLIER.
On Agriculture.
Messrs. COOPER,
ALDERMAN,
BAKER of Calhoun,
BARRINGTON,
COON,
DEVALL,
GREGORY.
NINTH DAY.
TUESDAY, January 15th, 1861.
The Convention met pursuant to adjournment—a quorum present.
Prayer by Rev. E. L. T. Blake.
Mr. Beard of Leon offered the following resolution:
Resolved, That in order to meet demands which must necessarily be made on the Treasury, without resorting to onerous taxation, the General Assembly should cause to be executed Treasury Notes to the amount of one million of dollars; and to effect the early redemption of said notes with specie, the Governor should be authorized to offer for sale State Bonds to the amount of one million of dollars, bearing interest at a rate not exceeding eight per cent. per annum, payable semi-annually and redeemable in twenty years;
Which was received and referred to the Committee on Taxation and Revenue.
Mr. Hendricks of Clay offered an Ordinance on Revenue.
Mr. Finegan of Nassau, from the Committee on Sea Coast Defences, made the following report:
Your Committee on Sea Coast Defences, to whom was referred the Ordinance herewith numbered one, for the consideration of this Convention, recommend the adoption of the same.
Your Committee have had under consideration the Ordinance herewith numbered two, and beg leave to state, that for the reasons hereinafter assigned, they do not recommend the adoption of the same. First, because the several fortresses heretofore constructed within the limits of this State were intended for the defence of its people and its commerce.
It was never contemplated by the several States surrendering the jurisdiction over such sites, that they were ever to be occupied except for the purposes which were pre-supposed to belong to the exercise of a constitutional jurisdiction over the same. That the State of Florida having dissolved her connection with the Federal Government, the jurisdiction heretofore granted can no longer be exercised in contravention of the sovereign right of a State to legislate for its own territory. That the occupation of the forts by Federal troops, thereby menacing the surrounding country, is an overt act of defiance and hostility. That the same is an invasion of the States. The mere right of proprietorship does not justify the late Federal Government in thus arraying itself against the uninterrupted commerce of the State, to the detriment of its citizens; and further, that the Governor being Commander-in-Chief of the Army and Navy under the Constitution of this State, having the power to order the Military forces thereof to any point to repel invasion, we conceive him fully authorized so to do, so long as this Convention shall see proper to permit that clause of the Constitution to remain unchanged.
All of which is respectfully submitted,
Which was received and placed upon the table.
On motion of Mr. McIntosh, the Convention went into Committee of the Whole for the consideration of an Ordinance upon Duties of Collectors—Mr. Pelot of Alachua in the Chair.
After some time being spent therein, the Committee rose and reported the Ordinance back to the Convention with amendments;
Which report was received, and the Ordinance adopted.
On motion of Mr. Sanderson, the Convention went into Committee of the Whole on an Ordinance—Mr. Lamar in the Chair.
After some time being spent therein, the Committee rose and reported in lieu of the Ordinance a substitute, and recommended its passage.
Mr. Love of Gadsden offered an amendment;
Which was read, and the substitute as amended was then adopted.
On motion, the Convention took a recess until 4 o'clock, P.M.
4 O'CLOCK, P.M.
The Convention resumed its session.
Mr. Pelot of Alachua called up a resolution introduced yesterday, relating to Stay Laws, and asked leave to withdraw the same;
Which was granted, and the resolution withdrawn.
Mr. McIntosh called up an ordinance introduced this morning upon Revenue and Taxation;
Whereupon Mr. Hendricks asked leave to withdraw said ordinance;
Which was granted, and said ordinance was withdrawn.
Mr. Folsom of Hamilton called up an ordinance introduced yesterday for removing disabilities under the 5th Section of the 6th Article of the Constitution of the State of Florida.
Mr. McIntosh of Calhoun offered the following as a substitute:
AN ORDINANCE TO REMOVE DISABILITIES ARISING UNDER THE FIFTH SECTION OF THE SIXTH ARTICLE OF THE CONSTITUTION.
Be it ordained by the People of the State of Florida in Convention assembled, That the Fifth Section of the Sixth Article of the Constitution be and the same is hereby repealed;
Upon the adoption of the substitute, the yeas and nays were called for by Messrs. Allison and Gettis, and were:
Yeas—Mr. President, Messrs. Bethel, Coon, Cooper, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Helvenston, Henry, Lamar, Lewis, McGahagin, McIntosh, Mays, Palmer, Parkhill, Rutland, Sanderson, Spencer, Solana, Tift, Ward and Yates—26.
Nays—Messrs. Allison, Barrington, Beard, Daniel, Davis, Gettis, Glazier, Golden, Hendricks, Hunter, Irwin, Jones, Kirksey, Lamb, Leigh of Sumter, Love, McCaskill, McLean, McNealey, Morrison, Nicholson, Pelot, Pinckney, Saxon, Sever, Stephens, Thomas, Turman and Woodruff—29.
So the substitute was lost.
The question then recurred upon the adoption of the original ordinance, upon which the yeas and nays were called for, and were:
Yeas—Mr. President, Messrs. Allison, Barrington, Bethel, Chandler, Cooper, Davis, Dawkins, Devall, Finegan, Folsom, Gary, Helvenston, Henry, Jones, Lamar, Lamb, Lea of Madison, Lewis, McGahagin, McIntosh, Mays, Nicholson, Palmer, Parkhill, Rutland, Sanderson, Sever, Spencer, Solana, Tift, Ward and Yates—33.
Nays—Messrs. Beard, Daniel, Dilworth, Gettis, Glazier, Golden, Hendricks, Hunter, Irwin, Kirksey, Leigh of Sumter, Love, McCaskill, McLean, McNealey, Morrison, Owens, Pelot, Pinckney, Saxon, Stephens, Thomas, Turman and Woodruff—24.
So the ordinance was adopted.
Mr. McIntosh of Calhoun called up his resolution of yesterday respecting Commissioners to other States, and upon leave of the Convention withdrew said resolution.
Mr. Finegan of Nassau called up an ordinance introduced yesterday repealing the third and eighth sections of the sixth article of the Constitution.
Mr. Thomas of Hamilton offered to amend said ordinance by inserting also the 10th section of the same article;
Upon which the yeas and nays were called for by Messrs. Helvenston and Finegan, and were:
Yeas—Mr. President, Messrs. Barrington, Chandler, Cooper, Dawkins, Devall, Glazier, Kirksey, Lea of Madison, Lewis, McGahagin, Nicholson, Owens, Palmer, Pelot, Rutland, Sanderson, Saxon, Sever, Thomas, Tift and Ward—22.
Nays—Messrs. Allison, Beard, Bethel, Coon, Daniel, Davis, Dilworth, Finegan, Folson, Gary, Gettis, Golden, Helvenston, Hendricks, Henry, Hunter, Irwin, Jones, Lamar, Lamb, Leigh of Sumter, Love, McCaskill, McLean, McIntosh, McNealey, Mays, Moraison, Parkhill, Pinckney, Spencer, Solana, Stephens, Turman, Woodruff and Yates—36.
So the amendment was lost.
Mr. McIntosh moved to reconsider the vote just taken, and that said ordinance lie on the table until to-morrow;
Upon which the yeas and nays were called by Messrs. Allison and Gettis, and were:
Yeas—Mr. President, Messrs. Barrington, Chandler, Coon, Dawkins, Dilworth, Finegan, Gary, Glazier, Helvenston, Kirksey, Lea of Madison, Lewis, McGahagin, McIntosh, Mays, Nicholson, Owens, Palmer, Parkhill, Pelot, Pinckney, Rutland, Sanderson, Saxon, Spencer and Tift—27.
Nays—Messrs. Allison, Cooper, Daniel, Davis, Devall, Folsom, Gettis, Golden, Hendricks, Henry, Hunter, Irwin, Jones, Lamb, Leigh of Sumter, Love, McCaskill, McLean, McNealey, Morrison, Sever, Solana, Stephens, Turman, Ward, Woodruff and Yates—27.
So the Conventiion refused to reconsider.
The question then recurred upon the passage of the original Ordinance;
Which was adopted.
Mr. Lamar of Jefferson, moved to reconsider the vote by which the ordinance to remove disability under the 5th section of the 6th article of the Constitution of the State of Florida was adopted;
Upon which the yeas and nays were called for, and were:
Yeas—Mr. President, Messrs. Barrington, Davis, Dawkins, Dilworth, Finegan, Folsom, Gary, Helvenston, Lamar, Lea of Madison, Lewis, McGahagin, McIntosh, Nicholson, Owens, Palmer, Rutland, Sanderson, Saxon, Spencer, Tift, Ward and Yates—24.
Nays—Messrs. Allison, Chandler, Cooper, Daniel, Devall, Gettis, Glazier, Golden, Hendricks, Henry, Hunter, Irwin, Jones, Kirksey, Lamb, Leigh of Sumter, Love, McCaskill, McNealey, Mays, Morrison, Pelot, Pinckney, Sever, Solana, Stephens, Thomas, Turman and Woodruff—29.
So the Convention refused to reconsider.
On motion of Mr. Lamar, the Convention adjourned until 10 o'clock to-morrow morning.
TENTH DAY.
WEDNESDAY, January 16th, 1861.
The Convention met pursuant to adjournment—a quorum present.
On motion, the reading of the minutes was dispensed with.
Mr. Gary offered the following ordinance:
Be it ordained by the People of the State of Florida in Convention assembled, That the Second Section of the Sixteenth Artitle of the Constitution of this State be and the same is hereby annulled;
Which was received and laid on the table until to-morrow.
Mr. Folsom offered the following ordinance:
AN ORDINANCE TO PREVENT THE RECEPTION AND DISTRIBUTION OF ABOLITION DOCUMENTS AND OTHER INCENDIARY PUBLICATIONS IN THIS STATE.
Be it ordained by the People of the State of Florida in Convention assembled, That after the passage of this ordinance, it shall not be lawful for any paper, pamphlets, circulars, documents, or other printed matter of any incendiary or abolition character to be distributed, circulated, or sent through the mails of this State.
Be it further ordained, That it shall be the duty of all Post-masters of this State to examine all printed matter that may be suspected of being abolition or incendiary in its character; and that such matter be retained and burnt.
And be it further ordained, That all Post-masters in the State of Florida, shall be required to take the 'following additional oath: That I, A. B., do solemnly swear or affirm, that I will examine and prevent the distribution of all such printed matter as may be suspected to be of an abolition character;
Which was received and ordered to be laid on the table until to-morrow.
Mr. Dilworth of Jefferson moved that Mr. Anderson of Jefferson, be excused from further attendance on this Convention;
Which was granted.
Mr. Daniel of Duval presented a communication from Edward Hopkins of Duval county;
Which was read and ordered to be laid on the table.
Mr. Devall of Putnam, offered the following resolutions:
Be it resolved, That this Convention will adjourn on Friday next, 12 o'clock, M., subject to a call of the President for re-assembling.
Be it further resolved, That the President of this Convention is hereby authorized to call together this Body, whenever in his opinion the public interest demands it.
Mr. Folsom of Hamilton moved that the rules be waived, and the resolution be put upon its passage;
Upon which the yeas and nays were called for, and were:
Yeas—Messrs. Barrington, Chandler, Coon, Cooper, Daniel, Dawkins, Devall, Dilworth, Finegan, Folsom, Gettis, Glazier, Golden, Hendricks, Hunter, Irwin, Jones, Kirksey, Lamar, Lamb, Lea of Madison, Leigh of Sumter, McLean, McNealey, Mays, Morrison, Newman, Nicholson, Palmer, Parkhill, Pelot, Pinckney, Rutland, Sanderson, Saxon, Sever, Solana, Thomas, Turman, Woodruff and Yates—41.
Nays—Mr. President, Messrs. Beard, Bethel, Davis, Gary, Henry, Lewis, Love, McCaskill, McGahagin, Spencer, Stephens, Tift and Ward—12.
So the Convention refused to waive the rules.
Mr. Mays of St. Johns offered the following ordinance:
AN ORDINANCE PROVIDING FOR THE ORGANIZATION OF THE ARMY OF FLORIDA.
Be it ordained by the People of the State of Florida in Convention assembled, That the General Assembly of this State be and they are hereby authorized to provide by law for the election or appointment of such general officers as the emergencies of the public service may require.
Which was received and laid on the table until to-morrow.
Mr. Allison of Gadsden offered the following preamble and ordinance:
Whereas, The General Assembly has construed the Constitution to mean that the term of the Governor elect does not commence until October next after said election,
Be it ordained by the People of the State of Florida in Convention assembled, That said construction be so altered and changed that the Governor elect of this State shall be inagurated and take his seat on the first day of the first session of the General Assembly after his election.
On motion, laid on the table until to-morrow.
Mr. Sanderson of Duval offered the following ordinance:
Be it ordained by the Convention, That the 11th section of the 6th article of the Constitution be amended by striking from the last line of said section the words "and of the United States" and adding the words "and the ordinances adopted by this Convention."
On motion, the ordinance was received and laid on the table until to-morrow.
Mr. Rutland of Orange offered the following resolution:
Be it resolved, That the President of this Convention appoint three of this Convention as a Committee, to wait upon his Excellency, the Governor of the Commonwealth of Florida, and request that his Excellency report to this Convention how many troops he has raised, for what purpose he has raised them and by whose anthority he raised them.
Mr. Rutland moved that the rules be waived and the resolution be put upon its passage;
Upon which motion the yeas and nays were called for and were:
Yeas—Mr. President, Messrs. Allison, Barrington, Beard, Bethel, Chandler, Coon, Cooper, Daniel, Davis, Gettis, Glazier, Hendricks, Henry, Hunter, Irwin, Jones, Kirksey, Lamar, Lamb, Leigh of Sumter, Lewis, Love, McCaskill, McLean, McNealey, Mays, Morrison, Morton, Newman, Nicholson, Palmer, Parkhill, Rutland, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Woodruff and Yates—42.
Nays—Messrs. Dawkins, Devall, Finegan, Folsom, Gary, Helvenston, Lea of Madison, McGahagin, Pelot, Pinckney, Tift, Turman and Ward—13.
So the Convention refused to waive the rules.
Mr. Allison of Gadsden, offered the following resolution:
Resolved, That his Excellency the Governor be respectfully requested to communicate to the Convention, at as early a moment as possible, all the correspondence he may have had in relation to the seizure of the Forts and Arsenals situated within this State; and also the all circumstances connected therewith.
Which was laid on the table until to-morrow.
Mr. Parkhill of Leon, from the Committe on Militia and Internal Police, made the following report:
The Standing Committee on Militia and Internal Police, to whom was referred an Ordinance to amend the seventh Article of the Constitution of this State, concerning Militia,
REPORT:
Your Committee have examined the said Ordinance and recommend that it do not pass.
In their opinion the seventh Article of our Constitution covers and embraces the ground proposed in the first and second sections of said Ordinance, and as no additional power would be conferred upon the Legislature by the proposed amendment, they can see no necessity for it.
As to the third section, relieving military officers from the disqualifications of the sixth Article of the Constitution, the Convention having refused to repeal said Article, your Committee see no reason why exceptions should be made of any particular class of citizens.
Your Committee had the subject of re-organizing the Militia of our State under consideration, but believing it to be the province, as within the power, of the Legislature, now in session, to act in the matter and to pass all laws necessary in the premises, they would respectfully refer the same to said body.
Respectfully submitted,
Which was read.
Mr. Davis of Leon, from the Committee on Communications from South Carolina, made the following report:
The Committee on Communications from South Carolina, to whom was referred the proposition by said State, made to the People of the State of Florida in Convention assembled, that a Confederacy should be formed of the slave-holding States which should secede from the Federal Union, and that there should be a Convention of Delegates to represent such States, to agree upon a plan of Government for such Confederacy, have had the said proposals under consideration; and said Committee have also considered the form of an Ordinance giving the assent of the State of Florida to such proposals of the State of South Carolina, and making provisions for the Representation of this State in said Convention; and the Committee report back the said proposed Ordinance, with certain amendments thereto, and recommend that the Ordinance so amended be adopted.
Your committee recommend that the ordinance now reported be amended as follows: Insert after the words "and of any other slaveholding States" in the 2d line, the words, "which may dissolve her political connection with the government heretofore existing and known as the United States of America, at any time before the final adjournment of such Convention."
Which was read and the ordinance placed among the orders of the day for to-day.
Mr. Finegan of Nassau, called up the resolution providing for the relief of A. J. T. Wright;
Which was put upon its passage and adopted.
Mr. Pelot of Alachua, called up the resolution for the relief of R. D. Jourdan;
Which resolution was adopted.
The Ordinance reported from the Committee on Communications from South Carolina was taken up;
Upon motion of Mr. Sanderson of Duval, the Convention went into Committee of the Whole, Mr. Beard of Leon in the Chair;
After some time spent therein the Committee rose, and reported said ordinance back to the Convention, with amendments;
Which report was received, and on motion of Mr. Davis was referred to the Committee on the Judiciary.
When on motion of Mr. Stephens, the Convention went into secret session.
After some time spent in secret session, the doors were opened, when Mr. Stephens of Gadsden called up the resolutions of Mr. Davis, reported to the Convention yesterday by the Committee on Sea Coast Defences.
Mr. Davis of Leon moved to strike out in the first resolution the last proposition;
Upon which the yeas and nays were called for by Messrs. Stephens and Davis, and were;
Yeas—Messrs. Allison, Davis, Hendricks, Henry, Irwin, Jones, Kirksey, Lamb, Lewis, Love, McCaskill, McLean, McNealey, Mays, Morrison, Morton, Newman, Nicholson, Palmer, Rutland, Sever, Stephens, Ward and Woodruff—24.
Nays—Mr. President, Messrs. Barrington, Beard, Bethel, Chandler, Coon, Cooper, Daniel, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Hunter, Lamar, Lea of Madison, McGahagin, McIntosh, Owens, Pelot, Pinckney, Sanderson, Saxon, Spencer, Solana, Thomas, Tift, Turman and Yates—32.
So the motion was lost.
Mr. Allison of Gadsden moved an amendment: that the words "any of the Slaveholding States" be used, instead of the "States of Alabama and Georgia."
Mr. Mays of St. Johns offered to amend by adding the words "by and with the advice and consent of the Senate."
To which Mr. Davis offered the following as a substitute:
Provided, That no authority is hereby conferred to expend public monies, or make contracts binding the State for the payment of money, without authority of the General Assembly.
Which was accepted.
Mr. Allison of Gadsden offered the following amendment:
Or which may hereafter come into the possession thereof;
Which was adopted.
Mr. Dawkins of Alachua moved to amend by writing Military instead of Militia.
Mr. Beard moved to use the word forces instead of the word troops;
Which was agreed to.
Mr. Davis of Leon moved that the resolution be engrossed and made the order for this afternoon;
Which motion was agreed to.
On motion the Convention took a recess until 4 o'clock this afternoon.
4 O'CLOCK, P.M.
The Convention resumed its session.
The following communication was received from his Excellency the Governor:
Executive Department,
Tallahassee, January 16th, 1861.
Hon. John C. McGehee,
President of the Convention:
Sir:—I have the honor, in compliance with the resolutions of the Convention, "Authorizing the Governor by and with the advice and consent of the Convention, to appoint four Counsellors, to be called and known as the Counsellors of State, with whom it shall be the duty of the Governor freely to consult and advise with on all important matters of State," to nominate for the advice and confirmation of the Convention the Hon. J. C. McGehee, Gen. Jackson Morton, Maj. John Beard, and Col. Joseph Finegan.
Very respectfully,
Which was read, and the nominations therein were confirmed by the Convention.
Mr. Davis of Leon, from the Judiciary Committee, offered the following report:
The Judiciary Committee report back to the Convention the following ordinance as amended, and recommend its passage.
Which was received, and the ordinance reported made the order for to-day.
Mr. Pelot of Alachua moved that the future daily sittings of the Convention shall be as follows: from 10 A.M. to 2 P.M., from 4 P.M. to 6 P.M., from 8 P.M. to 11 P.M.;
Which was considered and adopted.
The ordinance reported by the Judiciary Committee for a Convention of Slaveholding States, was taken up and put upon its passage.
Mr. Dawkins of Alachua moved to amend by striking out 13th day;
Which was agreed to, and the ordinance as amended, was adopted.
On motion, the blank was filled up with the 13th day.
Mr. Folsom offered the following:
Resolved, That this Convention will proceed to elect three Delegates to the Southern Convention, as provided for by an ordinance adopted this day, at 12 M. o'clock on to-morrow.
Mr. Davis offered the following amendment:
That no member of this Convention or General Assembly of the State be chosen to be a Delegate to said Convention.
Upon the yeas and nays being called for, the amendment was lost:
Mr. Davis moved that the rules be waived and the resolution be put on its passage.
Mr. Daniel of Duval offered as a substitute for the resolution the following:
Resolved, That this Convention go forthwith into an election of three Delegates to represent this State in the Convention of such slaveholding States as may be represented in the proposed Convention to be held in Montgomery.
Which was adopted.
On motion, leave of absence was granted to Mr. Ward until to-morrow.
Mr. Pelot moved a call of the House and absentees sent for;
Which was agreed to.
The roll being called the following members answered to their names:
Mr. President, Messrs. Allison Barrington, Beard, Bethel, Chandler, Coon, Daniel, Davis, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Glazier, Hendricks, Henry, Hunter, Irwin, Jones, Kirksey, Ladd, Lamar, Lamb, Lea of Madison, Leigh of Sumpter, Lewis, Love, McCaskill, McGahagin, McLean, McIntosh, McNeally, Mays, Morrison, Morton, Newman, Nicholson, Owens, Palmer, Pelot, Pinckney, Rutland, Sanderson, Saxon, Sever, Solana, Stephens, Thomas, Tift, Turman, Woodruff and Yates.
On motion of Mr. Davis, Mr. Dilworth was excused for not being present.
On motion, it was agreed to vote for three Delegates at a time.
Messrs. Allison and Lea were appointed Tellers by the President.
Mr. Stephens moved that a majority of the whole Convention be necessary to elect;
Which was agreed to.
The Convention proceeded to a first ballot which resulted as follows:
T. B. Lamar 11, J. B. Owens 23, J. J. Finley 14, J. P. Sanderson 27, G. T. Ward 28, J. M. Daniel 2, Jackson Morton 23, S. R. Mallory 6, Mays 2, McIntosh 4, Hilton 2, Dawkins 1, J. P. Anderson 2, W. G. M. Davis 1, B. C. Pope 4, G. W. Call 3, A. E. Maxwell 2, J. Wayles Baker 1, G. W. Parkhill 1, B. A. Putnam 1, J. E. Broome 2, E. C. Love 1.
The President decided that there was no election, none of the candidates receiving a majority of the Whole House.
The names of Messrs. McIntosh, Call and Lamar were withdrawn.
The Convention then proceeded to a second ballot.
Mr. Lamar nominated J. P. Anderson.
Mr. Davis nominated G. T. Ward.
Mr. Nicholson nominated J. Morton.
Mr. Gettis nominated J. B. Owens.
Mr. Daniel nominated J. P. Sanderson.
Mr. Pelot nominated J. J. Finley.
Mr. Bethel nominated S. R. Mallory.
The result was as follows:
J. P. Sanderson 32, G. T. Ward 33, J. Morton 25, J. P. Anderson 20, S. R. Mallory 8, J. B. Owens 27, J. J. Finley 18, Mr. McCaskill 1, A. E. Maxwell 1.
The President decided that there was no election.
Mr. Stephens moved to reconsider the resolution passed in regard to an adjourmnent;
Which was carried.
Mr. Davis moved that the resolution lie on the table;
On motion of Mr. Morton, the Convention adjourned until 10 o'clock to-morrow morning.
ELEVENTH DAY.
THURSDAY, January 17th, 1861.
The Convention met pursuant to adjournment—a quorum present.
Prayer by the Rev. Mr. Harwell.
Mr. Davis of Leon moved to reconsider the ordinance to appoint delegates to a Southern Convention adopted on yesterday, and moved the previous question;
Upon which motion the yeas and nays were called for, and were:
Yeas—Mr. President, Messrs. Barrington, Beard, Bethel, Chandler, Coon, Davis, Dawkins, Devall, Finegan, Folsom, Gettis, Golden, Henry, Hunter, Irwin, Jones, Kirksey, Ladd, Lamb, Lea of Madison, Leigh of Sumter, Love, McCaskill, McGahagin, McIntosh, Mays, Morrison, Morton, Nicholson, Owens, Pinckney, Rutland, Sanderson, Saxon, Spencer, Tift, Ward and Yates—39.
Nays—Messrs. Allison, Cooper, Daniel, Gary, Glazier, Hendricks, Lamar, Lewis, Newman, Palmer, Pelot, Sever, Solana, Stephens and Woodruff—15.
So the previous question was sustained.
The main question was then put and carried.
Mr. Finegan of Nassau offered the following ordinance:
AN ORDINANCE AMENDING THE SEVENTH ARTICLE OF THE CONSTITION OF THE STATE ENTITLED MILITIA.
Be it ordained by the People of the State of Florida in Convention assembled, That the 7th Article of the Constitution of the State be repealed, and in lieu thereof, the following adopted:
1. All militia officers shall be elected or appointed under such rules and regulations as the General Assembly may from time to time direct and establish.
2. All offences against the militia laws shall be tried by Court martial or before a Court and Jury, as the General Assembly may direct.
3. No commission issued under the act approved December 22d, 1859, entitled an act to amend the militia and patrol laws, or any military commission hereafter to be issued under that or any future act of the General Assembly, shall be vacated except by sentence of Court martial.
Which was laid upon the table until to-morrow, and ordered to be printed.
Mr. McIntosh of Calhoun moved that the Delegates from this State to the Southern Convention be instructed to oppose any attempt on the part of said Convention to legislate or transact any business whatsoever, other than the adoption of a provisional Government to be substantially on the basis of the Constitution of the late United States, and a permanent Constitution for the Southern Confederacy upon the same basis; and that in the event of the said Convention undertaking on any pretext whatsoever, to exercise any powers other than those above enumerated, that the said delegates do retire from said body.
Mr. Davis of Leon moved to amend the motion by striking out all after the word "enumerated" and insert, "that our Delegates are instructed to protest against the same, and to declare, in behalf of the State of Florida, that such acts will not be deemed binding in this State."
Which motion was put upon its passage and adopted as amended.
Mr. Davis of Leon moved to take up the Ordinance on the table under reconsideration, and moved the following amendment:
Three persons, citizens of this State and qualified voters therein, shall be appointed by the Governor, by and with the advice and consent of the Convention, who shall represent the State of Florida in said Convention of slave-holding States, proposed by this Ordinance to be holden as aforesaid.
Upon which the yeas and nays were called, and were:
Yeas—Mr. President, Messrs. Beard, Bethel, Cooper, Daniel, Davis, Dawkins, Devall, Finegan, Gettis, Glazier, Golden, Hendricks, Irwin, McIntosh, Mays, Morton, Nicholson, Owens, Palmer, Pelot, Pinckney, Sanderson, Sever, Spencer, Solana, Stephens, Thomas, Tift, Turman, Ward and Yates—32.
Nays—Messrs. Allison, Barrington, Chandler, Coon, Folsom, Gary, Henry, Hunter, Jones, Kirksey, Ladd, Lamb, Lea of Madison, Leigh of Sumter, Love, McCaskill, McGahagin, McLean, McNealy, Morrison, Newman, Rutland, Saxon and Woodruff—24.
So the motion was carried.
Mr. Davis of Leon, moved to reconsider the amendment, and that the motion to reconsider lay on the table, upon which the previous question was called.
The yeas and nays were called, and were:
Yeas—Mr. President, Messrs. Beard, Bethel, Cooper, Daniel, Davis, Dawkins, Devall, Finegan, Folsom, Gettis, Glazier, Golden, Hendricks, Irwin, Ladd, Lamar, Leigh of Sumter, Lewis, McLean, McIntosh, Mays, Morton, Nicholson, Owens, Palmer, Pelot, Pinckney, Sanderson, Spencer, Solana, Stephens, Thomas, Tift, Turman, Ward and Yates—37.
Nays—Messrs. Allison, Barrington, Chandler, Coon, Gary, Henry, Hunter, Jones, Kirksey, Lea of Madison, Love, McCaskill, McGahagin, Morrison, Newman, Rutland, Saxon and Woodruff—19.
So the motion was carried.
On motion of Mr. Davis, the Ordinance as amended was put upon its passage.
The yeas and nays were called, and were:
Yeas—Mr. President, Messrs. Allison, Beard, Bethel, Cooper, Daniel, Davis, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Hendricks, Hunter, Irwin, Jones, Ladd, Lamar, Leigh of Sumter, McCaskill, McGahagin, McLean, McIntosh, Mays, Morrison, Morton, Nicholson, Owens, Palmer, Pelot, Pinckney, Sanderson, Saxon, Sever, Spencer, Solana, Stephens, Thomas, Tift, Turman, Ward and Yates—45.
Nays—Messrs. Barrington, Chandler, Coon, Henry, Kirksey, Lea of Madison, Lewis, Love, McNealey, Newman, Rutland and Woodruff—13.
So the Ordinance as amended was adopted.
Mr. Dawkins of Alachua offered the following resolution:
Resolved, That the President of this Convention be instructed to furnish to the Governors of the slave-holding States attested copies of the Ordinance of Secession, and Ordinances providing for the holding of a Southern Convention, and request their concurrence therein;
Which was adopted.
Mr. Gary of Marion moved to take from the orders of the day an ordinance to annul the 2d section of the 16th article of the Constitution, and moved that said ordinance be laid upon the table;
Which was agreed to.
Mr. Finegan of Nassau called from the orders of the day an ordinance to authorize the General Assembly to establish a State Bank, and asked leave to withdraw said ordinance;
Which was granted, and said ordinance withdrawn.
Mr. Folsom of Hamilton called up a resolution, introduced yesterday, that the Convention will adjourn on Friday, at 12 o'clock, M.
Mr. Sanderson of Duval offered to amend by providing that in case of any disability on the part of said President, then said power to vest in the Governor of this State;
Which was agreed to.
Upon the adoption of the resolution as amended, the yeas and nays were called, and were:
Yeas—Messrs. Barrington, Chandler, Cooper, Daniel, Dawkins, Devall, Finegan, Folsom, Golden, Hendricks, Hunter, Irwin, Jones, Lamb, Lea of Madison, Leigh of Sumter, McNealey, Mays, Morrison, Newman, Palmer, Pelot, Rutland, Sanderson, Saxon, Sever, Thomas, Woodruff and Yates—29.
Nays—Mr. President, Messrs. Allison, Beard, Bethel, Davis, Gary, Gettis, Glazier, Henry, Kirksey, Lamar, Love, McCaskill, McGahagin, Nicholson, Owens, Spencer, Stephens, Tift, Turman and Ward—21.
So the resolution was adopted.
Mr. Lamar moved that T. M. Palmer be excused from further duty in this Convention till Monday next;
Which was not agreed to.
Mr. Allison of Gadsden called up an Ordinance respecting Gubnatorial terms;
Which was put upon its passage and adopted.
Mr. McIntosh of Calhoun called up an Ordinance relating to Courts;
Which, on motion, was referred to a Select Committee of three, consisting of Messrs. Stephens, Davis and Dawkins.
Mr. Sanderson of Duval called up an Ordinance amending the 11th Section of the 6th Article of the Constitution;
Which was read and adopted.
Mr. Allison of Gadsden called up a resolution requesting his Excellency to communicate correspondence, &c.;
Which was read and adopted.
Mr. Dawkins of Alachua called up an Ordinance respecting offices not Judicial;
Which was adopted as amended.
Mr. Davis of Leon called up an Ordinance from the orders of the day and offered to amend;
Which was agreed to, and the ordinance as amended adopted.
Mr. Morton of Santa Rosa called up an ordinance authorizing the Governor to appoint W. H. Chase a Major General in the army of Florida;
Which was read and adopted.
Mr. Sanderson of Duval moved to reconsider the ordinance last passed;
Which motion prevailed, and the ordinance was amended and adopted as amended.
Mr. Morton moved that a certified copy of the "Ordinance of Secession" be, by the President of the Convention, tansmitted to our Senators and Representative in Congress;
Which was adopted.
On motion, the Convention took a recess until 4 o'clock, P.M.
4 O'CLOCK, P.M.
The Convention resumed its session—a quorum present.
Mr. Stephens, of Gadsden, from a Select Committee, made the following report:
The Select Committee, to whom was referred the ordinance to establish two additional Courts to exercise and possess the powers and jurisdiction of the Courts heretofore existing in this State, as the District Courts of the United States, have had the same under consideration and beg leave to submit to this Convention the following ordinance in lieu thereof, and recommend its adoption.
All of which is respectfully submitted,
Which was received, concurred in, and the ordinance reported put upon its passage and adopted.
Mr. Beard, of Leon, offered an ordinance to amend the Constitution so as to make the sessions of the General Assembly annual instead of biennial;
Which, on motion, was laid on the table.
Mr. Allison offered an ordinance to amend the second section of the third article of the Constitution so as to make Governors elected for two years instead of four.
Mr. Folsom offered the following resolution:
Resolved, That no more new matter be introduced into this body;
Which was lost.
Mr. Davis of Leon called up Ordinances reported from the Judiciary Committee defining the powers of the Legislature in abolishing offices and mail routes, and in creating new mail routes, &c.;
When on motion, the report of the Committee was concurred in, and the ordinance read and adopted.
Also, an Ordinance extending the jurisdiction of the State over Forts, Arsenals, Dock-yards, &c., reported with amendments;
When on motion, the report was not concurred in, and the ordinance in its original form was then read and adopted.
On motion, the Convention took a recess until 8 o'clock this evening.
8 O'CLOCK, P.M.
The Convention resumed its session—a quorum present.
The following communication from the Governor was read:
Executive Department,
Tallahassee, January 17th, 1861.
To the Hon. Jno. C. McGehee,
President of the Convention:
Sir—I have the honor to acknowledge the receipt of your official notification of the passage of "the section of an ordinance" requiring "the Governor to appoint by and with the advice and consent of the Convention, three persons to represent the State of Florida in Convention of the slave-holding States, provided by this ordinance."
In compliance with the above recited ordinance, I respectfully recommend, for the advice and consent of the Convention, Gen. Jackson Morton, Col. J. Patton Anderson and Col. J. B. Owens, as delegates to said Convention of the slave-holding States.
Very respectfully,
Mr. Lamar of Jefferson moved thnt the nominations be confirmed.
Mr. Love of Gadsden moved a call of the House, when, after the roll had been partially gone through with, on motion, further proceedings under the call was dispensed with.
Mr. Pinckney of Monroe moved that the nominations be taken up separately;
Which was agreed to.
Mr. Morton was then put in nomination and unanimously confirmed.
Mr. Love moved that a majority of the whole Convention be required to confirm a nomination.
Mr. Folsom moved to amend by inserting a majority of a quorum.
Mr. McIntosh moved as a substitute that the same rule be observed as was practiced in the late United States Senate;
Which was agreed to.
Mr. Beard moved to reconsider the vote last taken;
Which was agreed to.
The question then recurred upon Mr. Folsom's motion that a majority of a quorum be sufficient to confirm a nomination;
Upon which the yeas and nays were called for and were:
Yeas—Mr. President, Messrs. Barrington, Chandler, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Irwin, Lamar, McGahagin, McLean, Mays, Nicholson, Pelot, Rutland, Saxon, Spencer, Solana, Thomas and Yates—23.
Nays—Messrs. Beard, Coon, Daniel, Hendricks, Hunter, Jones, Lamb, Lewis, Love, McCaskill, McNealey, Morrison, Newman and Sever—14.
So the motion was agreed to.
Mr. Mays moved to reconsider the vote confirming Mr. Morton's noinination;
Which was carried.
Mr. Folsom moved that the nominations made to the Convention by the Governor be postponed until to-morrow 10 o'clock, A.M.;
Which was agreed to.
Mr. Bethel of Monroe moved to reconsider the first section of an ordinance passed this day respecting the Courts;
Upon which the yeas and nays were called for by Messrs. Dilworth and Lewis, and were:
Yeas—Mr. President, Messrs. Beard, Bethel, Chandler, Coon, Daniel, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Golden, Hunter, Irwin, Jones, Lamar, Lamb, McGahagin, McLean, McIntosh, Newman, Nicholson, Pinckney, Rutland, Sanderson, Saxon, Spencer, Solana, Tift and Yates—31.
Nays—Messrs. Dilworth, Love, Lea of Madison, McCaskill, McNealey and Morrison-6.
So the motion prevailed.
Mr. Bethel moved to reconsider the second section of the same ordinance;
Which was agreed to.
Mr. Dilworth moved to adjourn until half-past 9 o'clock, to-morrow;
Which was not agreed to.
Mr. Bethel of Monroe offered a substitute for the Ordinance respecting the Courts;
Which was, on motion of Mr. Love, referred to a Select Committee of three, consisting of Messrs. Love, Bethel and Stephens.
Mr. McIntosh of Calhoun offered the following resolutions:
Resolved, That the Hon. S. R. Mallory, Hon. D. L. Yulee and Hon. George S. Hawkins be and they are hereby appointed Commissioners for the State of Florida, whose duty it shall be to negotiate with the authorities at Washington for the surrender to this State of all Navy Yards, Forts, Magazines, Arsenals, and all other public property within its limits.
Be it further resolved, That the President of this Convention transmit to the said commissioners a certified copy of this resolution.
Which were read and ordered to be placed among the orders of the day.
Mr. McIntosh of Calhoun called up the report of the Committee on Sea Coast Defences;
Which was read and concurred in.
Mr. McIntosh of Calhoun called up an ordinance to provide for the organization of the army of Florida;
Which was adopted.
On motion, a Select Committee of five on Finance was appointed, consisting of Messrs. Beard, McIntosh, Davis, Kirksey and Dilworth.
Mr. Dilworth of Jefferson moved that a Committee of five be appointed on the Constitution, whose duty it shall be to report such amendments to the Constitution as they may deem necessary and proper to this Convention;
Pending which, on motion, the Convention adjourned until to-morrow morning at 9 o'clock.
TWELFTH DAY.
FRIDAY, January 18th, 1861.
The Convention met pursuant to adjournment—a quorum present.
Mr. Sanderson moved to reconsider the vote of yesterday concurring in the report on Sea Coast Defences;
Which motion prevailed.
Mr. Finegan of Nassau oftered the following ordinance:
AN ORDINANCE TO LIMIT THE SECOND CLAUSE OF THE THIRTEENTH ARTICLE OF THE CONSTITUTION OF THE STATE OF FLORIDA.
Be it ordained by the People of the State of Florida in Convention assembled, That the Second Section of the Thirteenth Article of the Constitution of this State, which is in these words, "The General Assembly shall pass no act of incorporation, or make any alternation therein, unless with the assent of at least two-thirds of each house, and unless public notice in one or more newspapers in the State shall have been given for at least three months immediately preceding the Session at which, the same may be applied for," shall be restricted in its operation to private corporations having exclusive privileges or monopolies, and shall not apply to any corporation chartered exclusively for and on behalf of the State, nor to any Internal Improvement, Manufacturing, Steamboat, Express, Telegraph, or other business Company, seeking merely the use of a corporate name and the exemption of its stockholders from individual liability as partners;
Which was laid on the table and 80 copies ordered to be printed.
Mr. Allison of Gadsden called up the following:
Be it ordained by the People of the State of Florida in Convention assembled, That the Second Section of the Third Article of the Constitution be so amended as to read, "that the Governor shall be elected for two years instead of four," Provided, That this ordinance shall not take effect until the election for said office in the year 1865;
Which was laid on the table for the present.
The President announced that the hour had arrived for the special order of considering the nominations made to this Convention for delegates to a Southern Convention.
Mr. Mays moved that the persons nominated by the Governor to this Convention as delegates to the Southern Convention be confirmed collectively;
Which was agreed to.
Upon the nominations of Mr. Jackson Morton, Mr. J. P. Anderson and Mr. Jas. B. Owen, the vote was:
For the Nomination—Mr. President, Messrs. Allison, Barrington, Beard, Chandler, Cooper, Daniel, Davis, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Hendricks, Henry, Irwin, Jones, Kirksey, Lamar, Lamb, Lea of Madison, Leigh of Sumter, McGahagin, McIntosh, Mays, Nicholson, Pelot, Pinckney, Sanderson, Saxon, Spencer, Solana, Thomas, Tift, Turman and Yates—40.
Against the Nomination—Messrs. Coon, Hunter, Lewis, Love, McCaskill, McLean, McNealey, Morrison, Newman, Rutland and Stephens—11.
The Chair declared Jackson Morton, J. P. Anderson, and Jas. B. Owens, duly confirmed as delegates to said Convention.
Mr. Davis of Leon moved to reconsider the vote of confirmation of the Delegates to the Southern Convention, and moved that his motion be laid on the table;
Which was agreed to.
Mr. Davis of Leon offered the following ordinance:
Be it ordained, That the ordinance providing for the representation of this State in the Convention of the Southern slave-holding States, at Montgomery, be so amended that the number of Delegates shall consist of six, instead of three;
And moved that the rules be waived and the ordinance be put on its passage;
Which was not agreed to.
Mr. McIntosh called up a resolution authorizing Messrs. Mallory, Yulee and Hawkins to act as Commissioners in Washington for this State;
Which was read and adopted.
Mr. Finegan of Nassau called up an ordinance amending the seventh article of the Constitution of this State entitled "Militia."
Mr. Davis of Leon offered the following resolution:
Resolved, That the enacting clause of all ordinances adopted or to be adopted by this Convention be in the following terms: "Be it ordained by the People of the State of Florida in Convention assembled;"
Which was put upon its passage and adopted.
Mr. Folsom of Hamilton offered the following resolution:
Resolved, That the Secretary of the Convention be instructed to issue certificates to the officers and members for their per diem and mileage;
Which was agreed to.
Mr. Allison of Gadsden called up the ordinance respecting Governor's term of office.
Mr. Dawkins moved that said Ordinance be laid on the table;
Which motion was lost.
The Ordinance was then put upon its passage, and the yeas and nays were called by Messrs. Dilworth and Davis, and were:
Yeas—Mr. President, Messrs. Allison, Barrington, Beard, Bethel, Cooper, Daniel, Finegan, Glazier, Golden, Hendricks, Henry, Hunter, Irwin, Jones, Kirksey, Lamb, Lewis, Love, McCaskill, McGahagin, McNealy, Morrison, Morton, Newman, Nicholson, Pelot, Rutland, Sanderson, Saxon, Sever, Stephens, Thomas, Tift and Woodruff—35.
Nays—Messrs. Davis, Dawkins, Devall, Dilworth, Folsom, Gary, Gettis, Lamar, Leigh of Sumter, McIntosh, Mays, Owens, Pinckney, Solana, Turman, Ward and Yates—17.
So the Ordinance passed.
Mr. Allison moved to reconsider the vote last taken, and moved that his motion lay on the table;
Which motion prevailed.
Mr. Daniel of Duval, from the Committee on Enrolments, made the following report:
The Committee on Enrolments beg leave respectfully to report as properly and correctly enrolled the following Ordinances:
An ordinance to provide for clearance of vessels, and other matters;
An ordinance to annul certain sections of the Constitution of the State of Florida:
An ordinance to remove disabilities of certain citizen of this State;
An ordinance for the relief of A. J. T. Wright;
An ordinance for the relief of R. D. Jordan;
An ordinance to adopt and make laws of this State certain laws of the United States;
An ordinance declaring certain officers of the United States to be officers of the State of Florida;
An ordinance to empower the General Assembly of the State of Florida to declare who are citizens of this State;
An ordinance to empower the General Assembly of this State to abolish certain offices, and to do other matters;
An ordinance to authorize the Governor of this State to appoint Wm. H. Chase a Major General in the army of the State of Florida;
An ordinance to extend the jurisdiction of the State of Florida over certain docks, forts, &c., within the limits of the State;
An ordinance to amend the 11th section of the 6th article of the Constitution of the State of Florida;
Resolution fixing the day of adjournment.
All of which is respectfully submitted.
Which was received.
Mr. Love of Gadsden, from a Select Committee of three, made the following report:
The Select Committee to whom was referred an amendment to an ordinance vesting the Circuit Courts of this State with the jurisdiction and powers heretofore possessed and exercised by the Courts known and designated as the District Courts of the United States, beg leave to
REPORT:
That they have had the same under consideration and recommend that said amendment do not pass.
All of which is respectfully submitted,
Which was received.
Mr. Bethel, from the same Committee, made the following minority report:
The undersigned, one of the Committee to whom was referred the ordinance authorizing the establishing of a District Court of the State of Florida, for the Southern District, having had the same under consideration, the majority of said Committee having reported against said Ordinance, your subscriber, as one of said Committe, begs leave to make a minority report as follows:
That the report of the majority of said Committee be not concurred in, and that the ordinance referred to be received and adopted by the Convention, subject to such changes and alterations as may be deemed necessary by a committee of the whole Convention. Respectfully submitted,
Which was received.
On motion of Mr. McIntosh, the Convention went into Committee of the Whole upon the Ordinance reported.
After some time being spent therein, the Committee rose, reported progress and asked leave to sit again;
Which was agreed to.
On motion of Mr. Davis, the further consideration of the report was suspended for the present.
Mr. Davis moved that the resolution passed yesterday on adjournment to-day at 12 o'clock M. be reconsidered;
Which was agreed to.
Mr. Mays of St. Johns moved that he be allowed leave to appoint a proxy to represent him on the floor of the Convention.
On motion, Mr. Mays of St. Johns was allowed leave of absence.
Mr. Lea of Madison moved that Mr. Cooper of Nassau be allowed leave of absence for one week;
Which was agreed to.
Mr. Davis of Leon moved that Mr. Yates of Brevard be excused from further attendance on this Convention;
Which was agreed to.
Mr. Ward of Leon offered the following resolution:
Resolved, That it shall be the duty of the Legislature of the State of Florida, at its present session, to provide by law for the maintenance of the Light-Houses on the coast of this State, whenever the same shall cease to be maintained by the Federal Government at Washington city.
On motion, the rules were waived and the resolution adopted.
Mr. Folsom of Hamilton offered the following resolution:
Resolved, That this Convention do adjourn at 3 o'clock, Tuesday next;
Upon which the yeas and nays were called for by Messrs. Davis and Daniel and were:
Yeas—Mr. President, Messrs. Allison, Barrington, Bethel, Coon, Cooper, Davis, Devall, Finegan, Folsom, Jones, Kirksey, Lamar, Lamb, Leigh of Sumter, Love, McCaskill, McLean, McIntosh, Mays, Newman, Pinckney, Saxon, Sever, Spencer, Stephens, Tift, Turman and Yates—29.
Nays—Messrs. Chandler, Daniel, Dawkins, Dilworth, Gary, Gettis, Glazier, Golden, Hendricks, Henry, Lewis, McGahagin, McNealey, Morrison, Nicholson, Pelot, Rutland, Sanderson, Ward and Woodruff—21.
So the resolution was adopted.
The President read the following letter from the Governor:
Executive Department,
Tallahassee, Jan. 18th, 1861.
To the President and Members of the Convention:
My Aids, Cols. Holland and Gee, have arrived with verbal dispatches from Col. Wm. H. Chase. I would respectfully enquire if it is the pleasure of the Convention that these gentlemen shall appear before you and report to you those despatches?
Very respectfully,
Mr. McIntosh moved that the messengers mentioned in the Governor's communication be received into the Convention to report verbally, and that the Sergeant-at-Arms be despatched to notify them;
Which motion was adopted.
On motion, the Convention went into secret session.
After some time spent therein business was resumed in open session.
Mr. McIntosh of Calhoun moved that injunction of secresy be removed;
Which was agreed to.
Mr. Davis of Leon offered the following resolution:
Resolved, That the Convention doth hereby signify their approval and high appreciation of the acts of Major General Chase in the conduct of the late military operations, at and near Pensacola, as the same have been communicated to this body by Cols. Holland and Gee, Aids to his Excellency the Governor; and that the thanks of this Convention be also given to Cols. Holland and Gee for the services by them rendered to the State;
Which was read, and on motion the rule waived, and the resolution put upon its passage, and was adopted.
Mr. Dilworth of Jefferson offered the following resolution:
Resolved, That should any vacancy occur in the delegation to the Convention of Slaveholding States while this Convention is not in session, it shall be the duty of the President of this Convention to fill said vacancy or vacancies;
Upon which, the rule was waived, and the resolution put upon its passage, and was adopted.
Mr. Davis of Leon moved that his Ordinance appointing three additional delegates to the Southern Convention, introduced this morning, be made the special order of the day for this afternoon;
Which was agreed to.
Mr. Dilworth of Jefferson called up his resolution of yesterday, asking the appointment of a Committee on the Constitution;
Which was agreed to.
Mr. Ward of Leon offered the following resolution:
Resolved, That the Convention, through their President, communicate to the Governor of Alabama, their high appreciation of the conduct of the Alabama troops in the late operations at Pensacola; and that the thanks of this Convention, representing the State of Florida, are hereby tendered to Gov. Moore for his promptness and patriotism;
Which was unanimously adopted.
On motion, the Convention took a recess until half-past three o'clock, P.M.
3½ O'CLOCK, P.M.
The Convention resumed its session—a quorum present.
Mr. Folsom moved that no member of this Convention shall speak longer than five minutes at a time on one subject;
Which was adopted.
A letter from W. A. Marvin, was, on motion of Mr. McIntosh, read and referred to the Judiciary Committee.
ORDERS OF THE DAY.
Resolution instructing the Military Committee to recommend the Legislature to prescribe a uniform dress for the line, General and Staff Officers of Florida;
Which was read and ordered to be placed among the orders of the day for to-morrow.
An ordinance to amend the Constitution of the State;
Which was read, and referred to the Committee on the Constitution.
Resolution that no more new business be introduced,
Was withdrawn.
An ordinance to repeal the 5th Section of the 16th Article of the Constitution,
Was withdrawn.
Resolution calling upon the Committees to report business,
Was withdrawn.
On motion of Mr. Gettis of Hillsborough, the rule was waived, and he allowed to offer the following resolution:
Resolved, That the Secretary of this Convention be instructed and required, under the supervision of the Secretary of State, to prepare for publication all Ordinances passed, or that hereafter may be passed by this Convention;
Which was agreed to.
On motion, the Convention adjourned until 10 o'clock, to-morrow morning.
THIRTEENTH DAY.
SATURDAY, January 19, 1861.
The Convention met pursuant to adjournment—a quorum present.
Prayer by Rev. Mr. Blake.
Mr. Davis of Leon moved to have the journal of Wednesday so amended as to have the yeas and nays appear on his amendment, "that no member of this Convention or General Assembly of the State be chosen to be delegates to said Convention;"
Which was agreed to, and the yeas and nays on said amendment were:
Yeas—Messrs. Davis, Ladd, Lewis, Love, Morton, Palmer, Stephens and Ward—8.
Nays—Mr. President, Messrs. Allison, Barrington, Beard, Bethel, Chandler, Coon, Daniel, Dawkins, Devall, Finegan, Folsom, Gary, Gettis, Glazier, Hendricks, Henry, Irwin, Jones, Kirksey, Lamar, Lamb, Lea of Madison, Leigh of Sumter, McCaskill, McGahagin, McLean, McIntosh, McNealey, Mays, Morrison, Newman, Nicholson, Owens, Pelot, Pinckney, Rutland, Sanderson, Saxon, Sever, Spencer, Solana, Thomas, Tift, Turman, Woodruff and Yates—47.
Mr. Ward of Leon moved that the minutes of yesterday be amended so as to place his name on the vote of confirmation of delegates to the Southern Convention in the affirmative;
Which was agreed to.
Mr. Beard of Leon, from the Committee on Finance, offered the following report:
The Committee on Finance to whom was referred a resolution relative to the means of providing for the support of the State Government,
REPORT:
That in the present disordered condition of the country in every branch of business, the ordinary mode of raising revenue by direct taxation cannot be relied on to supply the immediate necessities of the State. The extraordinary pressure now existing, and the probability that there will be no mitigation, but rather an increase of that pressure before tranquility shall be restored, forbid the augmentation of the taxes which are already burdensome, and indicate the policy and expediency of resorting to some other method by which the necessities of the State may be relieved.
Three other methods have been suggested for the purpose, namely: the incorporation of a State Bank, the sale of State Bonds, and the issuing of Treasury Notes, redeemable in coin at an early day after the return of peace and tranquility shall have re-opened the fountains of wealth, which, under a new and more benign polity, must flow with unwonted exuberance.
It is the opinion of the Committee that the emission of Treasury Notes is the least objectionable of all the methods that have been suggested for meeting the exigencies of the State; and as the General Assembly possesses the power to adopt this plan, and consequently to regulate its details if adopted, no further action by this body is deemed proper in the premises.
Respectfully submitted,
Which was received and adopted, and on motion the Committee discharged.
Mr. Finegan moved to amend the minutes of yesterday so as to add, after the word "militia," in the notice of the ordinance amending the seventh article of the Constitution of this State entitled "Militia," the words "Was adopted;"
Which was agreed to.
Mr. Beard of Leon moved that Mr. Lewis of Wakulla have leave of absence until Monday next;
Which was not granted.
Mr. Sanderson of Duval offered the following amendment to the original ordinance reported by the Select Committee respecting the District Courts:
That the ordinance reported by the Select Committee be so amended as to make it applicable to the Northern District Court of this State;
Which amendment was adopted.
The ordinance as amended was then put upon its passage and adopted.
Mr. McIntosh offered the following ordinance:
1st. Be it ordained, That there shall be established a Court at Key West, in this State, which Court shall have and exercise admiality jurisdiction only; that the laws of the late United States applicable to and heretofore governing the District Court of the United States for the Southern District of Florida be and the same are hereby adopted for the control and government of said Court; that said Court shall be known as the Court of Admiralty for the Southern District of Florida, and that the limits of its jurisdiction shall be the same as were prescribed by an act of the late Federal Congress approved February 28th, 1847.
2d. Be it further ordained, That there shall be one Judge of said Court, with a salary of Twenty-Five Hundred Dollars per annum, who shall be appointed by the Governor of this State, by and with the advice and consent of the Senate thereof, who shall have power to appoint a Clerk of said Court, which said Clerk, before entering upon the duties of his office, shall enter into a bond, in the sum of Two Thousand Dollars, to be approved by the said Judge, conditioned for the faithful performance of his duties.
3d. Be it further ordained, That a Marshal of said Court shall be appointed in like manner as the Judge thereof, who, with the Clerk of said Court, shall receive the same fees and emoluments as were prescribed by an act of the late Federal Congress, approved February 26th, 1853. The said Marshal shall enter into a bond in the sum of Twenty Thousand Dollars, conditioned for the faithful performance of his duties and the payment of all monies coming into his hands under the order of the Court, which bond shall be approved by the Judge thereof.
4th. Be it further ordained, That the said Judge shall reside at Key West; that the Court shall be always open for the transaction of admiralty business, and that appeals may be taken from the decrees thereof to the Supreme Court of this State in like manner as appeals from the Circuit Courts of this State are now prosecuted.
5th. Be it further ordained, That whenever the provisional or permanent government of a Southern Confederacy shall establish a Court of Admiralty and Foreign Jurisdiction for the Southern District of Florida, this ordinance shall cease to be of any force and effect.
The rules being waived, the ordinance was put upon its passage.
Mr. Pinckney of Monroe moved to strike out one per cent. on salvage;
Which was agreed to.
Mr. Stephens offered the following substitute:
Be it ordained, That the General Assembly of the State of Florida are hereby authorized to establish a Court of Admiralty for the Southern District of the State of Florida, to continue until otherwise provided for by the permanent government of the Southern Confederacy;
Upon the adoption of which the yeas and nays were called for and were:
Yeas—Messrs. Alderman, Allison, Beard, Chandler, Coon, Devall, Dilworth, Hendricks, Henry, Hunter, Irwin, Jones, Kirksey, Lamb, Lea of Madison, Leigh of Sumter, Love, McCaskill, McLean, McNealey, Morrison, Newman, Rutland, Sever and Stephens—25.
Nays—Mr. President, Messrs. Barrington, Bethel, Davis, Dawkins, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Lamar, McIntosh, Morton, Nicholson, Pinckney, Sanderson, Spencer, Solana, Tift, Turman and Ward—22.
So the substitute was adopted.
Mr. Beard moved to reconsider the vote adopting the substitute.
Mr. Stephens moved that the motion to reconsider be laid on the table;
And on this motion the yeas and nays were called by Messrs. Stephens and Davis, and were:
Yeas—Messrs. Allison, Kirksey, Love and Stephens—4.
Nays—Mr. President, Messrs. Alderman, Barrington, Beard, Bethel, Chandler, Coon, Davis, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Henry, Hunter, Irwin, Jones, Lamar, Lamb, Leigh of Sumter, Lewis, McLean, McIntosh, McNealey, Morrison, Morton, Newman, Nicholson, Pinckney, Rutland, Sanderson, Saxon, Sever, Spencer, Solana, Tift, Turman and Ward—42.
So the motion to lay on the table was lost.
The question then recurred upon the motion to reconsider;
Which motion was adopted.
Mr. Folsom moved that the original ordinance be now adopted;
Upon which motion the yeas and nays were called for, and were:
Yeas—Mr. President, Messrs. Alderman, Allison, Barrington, Beard, Bethel, Chandler, Coon, Davis, Dawkins, Devall, Dilworth, Finegan, Folsom, Gary, Gettis, Glazier, Golden, Hunter, Irwin, Jones, Lamar, Lamb, Leigh of Sumter, Lewis, McLean, McIntosh, McNealey, Morrison, Morton, Newman, Nicholson, Pinckney, Rutland, Sanderson, Saxon, Sever, Spencer, Solana, Tift, Turman and Ward—42.
Nays—Messrs. Henry, Kirksey, Lea of Madison, Love and Stephens—5.
So the ordinance was adopted.
Mr. McIntosh of Calhoun offered the following ordinance:
Whereas, Divers disturbances and breaches of the peace have, within the last twelve months, occurred in the counties of Calhoun and Franklin, accompanied with numerous violations of the criminal laws of the State, which it is not to the interest of the State at this time to prosecute—Therefore,
Be it ordained by the People of the State of Florida in Convention assembled, That the Governor of this State be and he is hereby authorized and requested to proclaim a general amnesty and pardon for all offences committed in said counties of Calhoun and Franklin during the year 1860.
Which was laid on the table and ordered to be printed.
Mr. Sanderson of Duval moved to take up the following ordinances reported by the Committee on Postal Affairs:
1st. That the laws of the United States in relation to Post offices, mail routes, contracts, and all other postal matters, heretofore made and in force in the State of Florida, on the 10th day of January of the present year, so far as the same may be applicable to a single State, shall remain and continue in full force in this State, until the same shall be altered or repealed under the authority of this Convention.
2nd. That all persons who, at the date of this Ordinance, hold office in the State of Florida, under the Government of the late United States, connected with the mail service, whether as post-masters, or in any other way, be, and they are hereby continued in office under the Government of this State, until otherwise provided under the authority of this Convention, or until their several offices shall have been abolished or vacated by proclamation by the Chief Magistrate of the State of Florida; and all persons so holding office shall receive the same compensation and emoluments for their service as they are now entitled to; and all vacancies in their respective offices, whether occurring by death, resignation, or otherwise, shall be filled, until otherwise provided, by the Governor of the State, by and with the advice and consent of the Senate, when in session.
3d. That the several mail routes which lie in whole or in part in the State of Florida, or in its adjacent waters, and the contracts now subsisting for carrying the mails thereon, be and they are hereby continued until otherwise provided under the authority of this Convention, or until, by proclamation by the Chief Magistrate of the State of Florida, they shall be suspended or discontinued; and that all amounts falling due under said contracts be paid out of any moneys in the Treasury of the State of Florida not otherwise appropriated: Provided, Payment shall not be received by the contractors under existing contracts made by them with the government of the United States.
4th. That the General Assembly of the State of Florida do provide for the appointment or election of a competent person who shall, for the State of Florida, discharge all the duties heretofore performed by the Post Master General of the United States, so for as the same may be applicable to a sovereign State, subject however to such modifications as the said General Assembly may prescribe, and whose duty especially it shall be to negotiate with the proper authorities of the States of South Carolina, Georgia, Alabama and Louisiana, for the joint payment of the expense of transporting the mails over such routes as may have one of their termini in either of said States and the other in Florida.
5th. That the General Assembly of Florida shall have power to repeal, alter, or amend any act of Congress in relation to postal affairs, herein declared to be in force in this State; to abolish any Post Office establisbed by and under the authority of the late Federal Government; to dispense with any existing mail route or contract; to adopt new laws, create new offices, establish new mail routes, and authorize the letting of new contracts, as may from time to time be required by the mail service in this State.
Pending which, Mr. Ward moved a call of the House, when the following delegates answered:
Messrs. Alderman, Barrington, Bethel, Coon, Davis, Dawkins, Devall, Dilworth, Folsom, Gary, Gettis, Glazier, Golden, Henry, Hunter, Irwin, Jones, Kirksey, Lamar, Lamb, Lea of Madison, Lewis, Love, McCaskill, McNealey, Morrison, Newman, Nicholson, Pinkney, Sanderson, Saxon, Sever, Stephens, Turman and Ward.
A quorum being present, the Convention proceeded to business.
Mr. Sanderson of Duval offered the following amendments:
To strike out in the fourth line of the first ordinance, "at the date of this ordinance" and insert the words "on the tenth day of January of the present year." And in the sixth line strike out the word "single" and insert in stead thereof, the word "Sovereign;"
Which were adopted.
The ordinance was then put upon its passage, as amended, and was adopted.
Mr. Sanderson moved that the second ordinance reported by said Committee be indefinitely postponed;
Which was agreed to.
The third ordinance reported by said Committee was then taken up.
Mr. Sanderson of Duval offered the following amendment:
Provided, Payments shall not be received by the contractors under existing contracts made by them with the late Goverment of the United States;
Which was adopted.
The ordinance as amended was then adopted.
The Convention then took under its consideration the fourth ordinance reported by said committee;
Which, after being amended, was adopted.
Mr. Sanderson moved that the fifth ordinance reported by said committee be indefinitely postponed;
Which was agreed to.
On motion the Convention took a recess until 4 o'clock, P.M.
4 O'CLOCK, P.M.
The Convention resumed its session—a quorum present.
Mr. Bethel of Monroe asked that the Ordinance of Secession be brought in, and that he be permitted to sign the same:
Which was granted.
Mr. Finegan of Nassau called up an ordinance to limit the 2d clause of the 13th article of the Constitution;
Which was put upon its passage and was lost.
The rules being waived, Mr. Finegan of Nassau offered the following resolution:
Resolved, That the Secretary transmit immediately a certified copy of each ordinance that has passed the Convention to the Senate and House of Representatives of this State, and that hereafter, as soon as any ordinance is passed, a copy of the same be so certified and sent;
Which was adopted.
The rule being waived, Mr. McLean of Washington made the following motion:
That a Committee of three be appointed by the President to audit the claims of Delegates to this Convention for mileage and per diem due them, and that the Delegates be requested to inform said Committee the number of miles traveled;
Which was agreed to.
Messrs. McLean, Ward and Henry were appointed said Committee.
The President read to the Convention the following communication from the Governor:
Executive Department,
Tallahassee, Jan'y 19th, 1861.
Hon. Jno. C. McGehee, President of the Convention:
Sir:—I have the honor to transmit herewith the ordinance of secession of the State of Alabama and a communication from the Mayor of Atlanta.
Very respectfully,
Montgomery, Alabama,
January 11th, 1861.
To his Excellency the
Governor of the State of Florida:
Sir: By order of the Convention of the People of Alabama, I have the honor herewith to transmit to you a copy of the Ordinance this day passed, "to dissolve the union between the State of Alabama and the other States united under the compact styled 'the United States of America.'"
I have the honor to be,
Very respectfully, yours, &c.,
WILLIAM M. BROOKS,
President of the Convention.
AN ORDINANCE TO DISSOLVE THE UNION BETWEEN THE STATE OF ALABAMA AND OTHER STATES UNITED UNDER THE COMPACT STYLED "THE CONSTITUTION OF THE UNITED STATES OF AMERICA."
Whereas, the election of Abraham Lincoln and Hannibal Hamlin to the offices of President and Vice President of the United States of America, by a sectional party, avowedly hostile to the domestic institutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the Constitution of the United States by many of the States and people of the Northern section, is a political wrong of so insulting and menacing a character as to justify the people of the State of Alabama in the adoption of prompt and decided measures for their future peace and security, therefore,
Be it declared and ordained by the people of the State of Alabama in Convention assembled, That the State of Alabama now withdraws, and is hereby withdrawn from the Union known as "the United States of America," and henceforth ceases to be one of said United States, and is, and of right ought to be a Sovereign and Independent State.
Sec. 2. Be it further decalred and ordained by the People of the State of Alabama in Convention assembled, That all the powers over the Territory of said State, and over the people thereof, heretofore delegated to the Government of the United States of America, be and they are hereby withdrawn from said Government, and are hereby resumed and vested in the people of the State of Alabama. And as it is the desire and purpose of the people of Alabama to meet the slaveholding States of the South, who may approve such purpose, in order to frame a provisional as well as permanent Government upon the principles of the Constitution of the United States,
Be it resolved by the people of Alabama in Convention assembled, That the people of the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky and Missouri, be and are hereby invited to meet the people of the State of Alabama, by their Delegates, in Convention, on the 4th day of February, A.D. 1861, at the city of Montgomery, in the State of Alabama, for the purpose of consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security.
And be it further resolved, That the President of this Convention be and is hereby instructed to transmit forthwith a copy of the foregoing Preamble, Ordinance and Resolutions to the Governors of the several States named in said resolutions.
Done by the people of the State of Alabama in Convention assembled, at Montgomery, on this, the 11th day of January, A.D. 1861.
STATE OF GEORGIA,
City of Atlanta.
Whereas, It is now manifest that the Cotton States will secede from the Union, and that Commissioners, or Delegates, will in all probability be appointed by the Conventions of such States, to meet at some central point, for the purpose of forming a Southern Confederacy; and believing that there is no place possessing more advantages, or more appropriate for such a meeting than the city of Atlanta, when we take into consideration its central position, accessibility, and Hotel accommodations, we would desire to call the attention of the various Conventions now in session, as well as those which may hereafter assemble, to this subject:
Be it therefore resolved by the Mayor and Council of the City of Atlanta, That said Conventions be most respectfully requested to appoint this as the place of holding said Central Convention; and we hereby tender to the members of said body the hospitalities of our city, pledging ourselves and our citizens to do all in our power to extend to them such accommodations and facilities as will render their sojourn amongst us as agreeable as possible.
Be it further resolved, That the Clerk of Council be directed to forward a copy of this preamble and resolution to the Governor of each of the Southern State, with a request that he lay the same before the Convention of his State, now in session, or hereafter to assemble.
C. F. Wood, Clerk.
Which was, on motion, received and ordered to be spread upon the journals, with the accompanying documents.
Mr. Stephen, of Gadsden offered the following Resolution:
Resolved, That a committee of three be appointed to select a proper device for a State Seal;
Which was read, the rules waived, and the resolution adopted, and Messrs. Stephens, McIntosh and Dawkins appointed said committee.
Mr. Davis of Leon offered the following Resolution:
Resolved, That the officers of this Convention be allowed the same compensation as is allowed to similar officers in the Senate of this State, and that the President do certify the amount of the allowance due to each officer.
Which was read, the rules waived, and the resolution adopted.
Mr. Davis of Leon offered the following resolution:
Resolved, That the Committee on Printing be directed to examine and report to the Convention the amounts due to the Printers of this body, and all accounts for contingent expenses of the Convention.
Which was read, the rules waived, and the resolution adopted.
A resolution authorizing the Legislature to prescribe a uniform dress, &c., for the Line, General and Staff officers of Florida;
Came up and was withdrawn.
An ordinance to amend the ordinance providing for a Southern Convention came up, and on motion of Mr. Davis, was indefinitely postponed.
On motion the Convention adjourned until Monday next, 10 o'clock, A.M.
FOURTEENTH DAY.
MONDAY, January 21st, 1861.
The Convention met pursuant to adjournment—a quorum present.
Mr. McIntosh of Calhoun moved that a Select Committee of five be appointed by the President of this Convention, who shall inquire and report forthwith to this Convention upon the expediency of continuing the following offices in this State: Surveyor General's office, the several Inspectors' offices, and the boat and hands at the several Custom Houses, the Navy Agent's office at Pensacola, and the offices of four Timber Agents.
The rules being waived, the motion was adopted, and Messrs. McIntosh, Dawkins, Morton, Allison and Devall were appointed said Committee.
Mr. Folsom of Hamilton offered the following resolution:
Resolved, That the Journal of the proceedings of this Convention, when printed, shall be deposited with the Secretary of State, and that officer be instructed to send by mail five copies to each of the members of this Convention, five to each member of the Legislature and five to each Judge of Probate.
Which was adopted.
Mr. Gettis of Hillsborough offered the following resolution:
Resolved, That a Committee of five be appointed by the President of this Convention to draft a declaration setting forth some of the grievances which compelled the State of Florida to dissolve her political connection with the late Federal Union, and that said Committee be instructed to report at the adjourned or called session of this Convention.
Mr. Daniel of Duval moved to amend the resolution by adding that the Committee report at the next session of this Convention.
Which was agreed to.
The rules being waived, the resolution as amended was adopted, and Messrs. Gettis, Dawkins, Gary, Davis and Lamar appointed said Committee.
Mr. Rutland of Orange offered the following preamble and ordinance:
Whereas, There are certain individuals in our Commonwealth who have done service in defence of our common country, and having been wounded therein have received annual pensions from the Federal Government. Therefore,
Be it resolved by the People of the State of Florida in Convention assembled, That the General Assembly be and are hereby instructed to allow such persons the same pay as was allowed by the late government of the United States.
And be it further resolved, That the said General Assembly pass such laws regulating the time and place of such pay as to them may seem just.
Which was read and placed among the orders of the day for to-morrow.
Mr. Turman of Hillsborough, from the Committee on Printing and Contingent Expenses, made the following report:
The Committee on Printing and Incidental Expenses beg leave to
REPORT:
That the following accounts have been duly audited and recommend their payment, to-wit:
Messrs. Dyke & Carlisle's bill for printing up to and including Saturday the 19th instant, $795 20.
W. S. Harris's bill for telegraphing, $27 65.
Messrs. McDougall & Hobby's bill for stationery, $81 39.
Your committee respectfully recommend that the Comptroller of State be authorized to audit the account of Messrs. Dyke & Carlisle for printing, under the report of your committee heretofore made, necessary to complete the published journals of this Convention.
Which was received and adopted.
Mr. McLean of Washington, from the select Committee of three to audit accounts of Delegates, made the following report:
The Committee of three appointed by the President to audit the claims of Delegates to this Convention beg leave to make the following
REPORT:
That each Delegate shall be entitled to ten cents per mile to and from the Capitol and $3 for every twenty miles travel upon the most direct route, and $3 per day while at the Convention.
D. H. McLEAN,
THOMAS Y. HENRY,
GEO. T. WARD.
Which was received.
Mr. Daniel offered to amend said report by inserting $3 per day for traveling instead of $3 for each 20 miles travel;
Which was rejected.
The report was then adopted.
Mr. McIntosh of Calhoun, from the Committee of five, made the following report:
The Committee to whom was referred the subjact of abolishing certain offices in this State, have had the same under consideration and beg leave to
REPORT:
That the several Inspectors' offices, the Surveyor-General's office, the Boats and hands at the several Custom Houses, the Navy Agent's office at Pensacola, and the offices of four Timber Agents, and the Inspector or Surveyor of the port of Palatka, be discontinued, and they recommend that all the papers and things appertaining to the office of Surveyor-General be turned over to the Register of Public Lands at St. Augustine. Your Committee therefore recommend the adoption of the following Ordinance:
Be it ordained by the people of the State of Florida, That the Surveyor-General's, the several Inspectors' offices, the Boats and hands at the several Custom Houses, the Navy Agent's office at Pensacola, and the offices of four Timber Agents, and the office of Inspector or Surveyor of the port of Palatka be abolished.
Be it further ordained, That the Surveyor-General of the late Federal Government be instructed to deliver over to the Register of Public Lands at St. Augustine all the papers and property appertaining to said office, who shall be authorized to carry on to completion all contracts for surveys heretofore made.
Which was recieved, the rules waived and the ordinance reported put upon its passage and adopted.
Mr. Allison of Gadsden offered the following Ordinance:
Be it ordained by the people of Florida in Convention assembled, That the fifth section of the fourth Article of the Constitution be so altered and changed as to read that the Senators shall be elected for the term of two years instead of four years; Provided, That this amendment shall not take effect until the first election after the expiration of the terms of the present incumbents thereof respectively.
Which was recieved and placed among the orders of the day.
Mr. McIntosh called up an ordinance for the relief of sundry persons of Calhoun and Franklin counties;
Which was put upon its passage and adopted.
The Govenor sent the following communications to the Presiident of the Convention, which were read and ordered to be spread upon the journal:
Executive Department,
Tallahassee, Jan. 21st, 1861.
Hon. John C. McGehee,
President of the Convention:
Sir:—In compliance with the Ordinance of the Convention anthorizing me to appoint W. H. Chase a Major General of the Army of Florida, I immediately forwarded his commission as Major General, and telegraphed him to that effect. I have the honor to transmit herewith the reply of Gen. Chase, together with a dispatch from his Excellency, Gov. Brown, of Georgia.
Very respectfully,
Gov. M. S. Perry, Tallahassee, Fla:
* * * * * If I accept the honor of the Major Generalship, I shall serve without pay or any personal expense from the State.
Gov. Perry, Tallahassee:
2.30 P.M.—Ordinance for immediate Secession just passed by two hundred and eight to eight-nine. Nearly all will sign it.
Gov. Perry, Tallahassee:
Four thousand muskets ready for shipment Monday morning. How shall they be sent and where?
Mr. Daniel of Duval moved that a special Committee of three be appointed by the President of the Convention as a Committee on Enrolments, and that it be made the duty of said Committee to see that all Ordinances and Resolutions adopted by the Convention are properly enrolled after the Convention shall have adjourned;
Which was adopted, and Messrs. Beard, Davis and Ward were appointed said Committee.
Mr. Beard of Leon offered the following resolution:
Resolved, That the Governor be authorized to fill any vacancy that may occur in his Council during the recess of this Convention.
Which was adopted.
Mr. McIntosh moved that a committee of three be appointed to wait on the Governor and inform him that the Convention is now ready to adjourn and inquire of him if he has any further communications to make to this body;
Which was adopted, and Messrs. McIntosh, Folsom and Gettis appointed said committee.
The committee returned and reported that the Governor had no further commmunications to make to the Convention and were discharged.
Mr. Beard of Leon offered the following resolution:
Resolved, That the thanks of this Convention are due and are hereby rendered to the Hon. John C. McGehee, President, for the impartial and dignified manner in which he has discharged the duties of the position.
Which was unanimously adopted.
Mr. Sanderson of Duval offered the following resolution:
Resolved, That this Convention now take a recess to be re-assembled at the call of the President, or by the Governor in the event of the inability of the President from illness or other cause.
Which was adopted and the Convention adjourned in accordance therewith.
ORDINANCES & RESOLUTIONS
passed by the
STATE CONVENTION
of the
PEOPLE OF FLORIDA,
begun and held in the
CITY OF TALLAHASSEE, JAN. 3, 1861.
prepared under the
SUPERVISION OF THE SECRETARY OF STATE.
ORDINANCES.
[ No. 1. ]
Ordinance of Secession.
We, the People of the State of Florida, in Convention assembled, do solemnly ordain, publish and declare,
That the State of Florida hereby withdraws herself from the Confederacy of States existing under the name of the United States of America, and from the existing government of said States; and that all political connection between her and the government of said States ought to be and the same is hereby totally annulled and said Union of States dissolved, and the State of Florida is hereby declared a sovereign and independent Nation; and that all ordinances heretofore adopted, in so far as they create or recognize said Union, are rescinded, and all laws or parts of laws in force in this State, in so far as they recognize or assent to said Union, be and they are hereby repealed.
Done in open Convention, January 10th, 1861.
[ No. 2. ]
Be it Ordained by the People of the State of Florida, in Convention Assembled, That until otherwise provided by the General Assembly of the State of Florida, no duties shall be collected upon imports from the States forming the late Federal Union, nor upon the tonnage of vessels, owned in whole or in part by the citizens of said States, nor shall any act of Congress regulating foreign commerce, or prescribing forms to be observed by foreign vessels, be held or deemed applicable to said State.
That all the official acts of the officers in which it is usual and proper to set forth the authority under which they act, the style of the documents hereafter issued by them, or any of them, shall be in the name of the State of Florida: Provided, That these Ordinances shall not go into effect, so far as they may be applicable to any Collector of Customs in this State, until such time as the Governor of said State shall, by public proclamation, have given ten days notice thereof, designating therein the several Collection Districts to which the same apply and also the date at which said Ordinances are to take effect in said Districts.
That all moneys hereafter collected by any of the officers aforesaid, shall, after deducting the sums necessary for the compensation of officers and other expenses, be paid into the Treasury of the State of Florida, subject to the order of the General Assembly, and the officers aforesaid shall retain in their hands all property, moneys, bonds, and other securities of the United States in their possession, custody, or control, subject to the disposal of this State, which will account for the same upon a final settlement with the Government of the late United States, and that all officers of the late Federal Government within the limits of this State, who, by any ordinance of this Convention, are required to retain in their hands any property, moneys, bonds, and other securities, which they may have in their possession at the time of the passage of this ordinance, shall be, and they are hereby required to enter into bond to the State of Florida, of the same tenor and similarly conditioned as were their respective bonds to the United States, with good and sufficient security, to be approved by the Judge of Probate of their respective counties; and for the discharge of this, or any other duty imposed by any ordinance of this Convention, the State of Florida will fully indemnify said officers against any and all losses, which they or any of them may sustain by reason of their compliance with the ordinances of this Convention, or the laws made in pursuance thereof.
Done in open Convention, January 15th, A.D. 1861.
[No. 3.]
Be it ordained by the People of the State of Florida in Convention assembled, That all laws passed by the Congress of the United States, and approved by the President thereof, prior to the tenth day of January of the present year, and which were in force on that day, be and the same are hereby adopted and made laws of the State of Florida, and declared to be of force as such within this State, and all writs, actions, suits, judgments and proceedings which existed or are pending in the District Court of the United States for the District of Florida, on the tenth day of January of the present year, shall remain unimpaired, and provision shall be made by law for the transfer thereof to the District Courts of Florida, to be proceeded in by said courts and making the same records and proceedings of said District Courts of the State of Florida: Provided, That all writs, actions, suits, and judgments, whether at law or in equity, now pending, or which may hereafter be commenced in said courts, shall be subject to the practice and proceedings which now or may hereafter regulate the Circuit Courts of the State.
Done in open convention January 15, 1861.
[No. 4.]
An Ordinance to remove disabilities arsing under the fifth section of the sixth article of the Constitution.
Be it Ordained by the People of the State of Florida in Convention assembled, That all persons laboring under any disability from holding office under the fifth section of the sixth article of the Constitution, are hereby reinstated and empowered to hold office, either civil or military, under this State, as fully as if such disability had not atached.
Done in open Convention, January 15, 1861.
[No. 5.]
Be it ordained by the People of the State of Florida in Convention assembled, That the third and eighth sections of the sixth article of the Constitution of this State be, and the same are hereby annulled.
Done in open Convention, January 15, 1861.
[No. 6.]
Whereas, The General Assembly has construed the Constitution to mean, that the term of the Governor elect does not commence until October next, after said election:
Be it ordained by the people of the State of Florida in Convention assembled, That said construction be so altered and changed that the Governor elect of this State shall be inaugurated and take his seat on the second Monday of the first Session of the General Assembly after his election: Provided, That this amendment shall not go into effect until the Session of the General Assembly in 1865; and that the next election for Governor shall be held on the first Monday in October, 1865: Provided further, That the same officers now authorized to canvass the
votes for Representatives in Congress shall canvass the votes for Governor, and if the Legislature should not meet in the year of the election of Governor, he shall be qualified by any Judge of the Circuit or Supreme Court.
Done in open Convention, January 17th, 1861.
[No. 7.]
Be it ordained by the People of the State of Florida in Convention assembled, That, until otherwise provided by this Convention, all offices, not judicial, which existed in this State under the Constitution and laws of the United States on the 10th day of January of the present year, are hereby created offices by, in and under the authority of the State of Florida; and all persons who held such offices at the time aforesaid are hereby constituted and appointed officers of said State and continued in the offices by them respectively held as aforesaid until they resign to the Governor or be removed by him; and such persons shall receive the same pay and emoluments as such officers as they were entitled to receive under the laws of the United States: Provided, That all persons so authorized to hold offices under the State of Florida shall take an oath of allegiance to this State to be prescribed by law.
Done in open Convention, January 17th, 1861.
[No. 8.]
Be it Ordained by the People of the State of Florida, in Convention Assembled, That the Governor of the State of Florida be, and he is hereby authorized to accept the services of any citizens of the State of Florida, who are, at the date of this Ordinance, in either the military or naval service of the late Federal Union, (provided said services are tendered within sixty days after notice of the passage of said Ordinance,) and such persons shall be entitled to such rank as the Governor and Council of State may deem right to accord to them, the same pay and emoluments to which they would have been entitled, had they continued in the service of the late Federal Union; and said persons shall, until otherwise provided by the General Assembly, be employed by the Governor in the line of their professions at his discretion.
Done in open Convention, January 17th, 1861.
[No. 9.]
Be it Ordained by the People of the State of Florida in Convention Assembled, That the General Assembly of Florida shall have power to abolish any office established by and under the authority of the late Federal Government; to dispense with any existing mail route, and authorize the letting of new contracts as may from time to time be required, and that the Constitution of the State of Florida be, and the same is hereby so amended, as to enable the Executive and Legislative Departments of Florida to discharge the several duties heretofore devolved upon the Executive and Legislative Departments of the late Federal Union.
Done in open Convention, January 17th, 1861.
[No. 10.]
Be it ordained by the People of the State of Florida in Convention assembled, That the jurisdiction of the State of Florida be, and the same is hereby extended over all forts, arsenals, docks, yards, and other places within the limits of the State, over which the United States of America have heretofore exercised jurisdiction, and that all ordinances, laws, and conveyances granted, made or executed by the State of Florida, conferring upon the United States aforesaid jurisdiction over the same and in conflict with this ordinance, be and the same are hereby annulled, repealed and made void.
Done in open Convention, January 17th, 1861.
[No. 11.]
Be it ordained by the People of the State of Florida in Convention assembled, 8th. That the General Assembly of this State shall have power to declare who are citizens of this State, and as such entitled to the right of suffrage herein, and to prescribe the terms upon which citizens of other States of the late American Union may be admitted to the right of citizenship in this State, and shall provide for the punishment of such persons as shall hereafter pretend to hold office within the limits of this State, under the authority of the Government of the late United States.
Done in open Convention, January l7th, 1861.
[No. 12.]
An Ordinance providing for the organization of the Army of Florida.
Be it ordained by the People of the State of Florida in Convention assembled, That the General Assembly of this State be and they are hereby authorized to provide by law for the election or appointment of such general officers as the emergencies of the public service may require.
Done in open Convention, January 17th, A.D. 1861.
[No. 13.]
Be it Ordained by the People of the State of Florida in Convention Assembled, That the Governor of this State be, and he is hereby authorized to appoint and commission William H. Chase, of Escambia county, a Major-General in the army of Florida, with such pay and emoluments as the General Assembly may by law provide.
Done in open Convention, January 17th, A.D. 1861.
[No. 14.]
Be it ordained by the people of the State of Florida in Convention assembled, That the eleventh section of the 6th article of the Constitution be amended by striking from the last line of said section, the words, "and of the United States," and adding the words, "and the ordinances adopted by this Convention."
Done in open Convention, January 17th, 1861.
[No. 15.]
An Ordinance Amending the Seventh Article of the Constitution of this State, entitled "Militia."
Be it ordained by the People of the State of Florida in Convention assembled, That the Seventh Article of the Constitution of this State be repealed, and in lieu theseof the following adopted:
1. All Militia Officers shall be elected or appointed under such rules and regulations as the General Assembly may from time to time direct and establish.
2. All offences against the Militia laws shall be tried by Court Martial or before a Court and Jury, as the General Assembly may direct.
3. No commission issued under the act approved December 22, 1859, entitled "An act to amend the Militia and Patrol Laws," or any military commission hereafter to be issued under that or any future act of the General Assembly, shall be vacated except by sentence of Court Mrrtial.
Done in open convention January 18th, 1861.
[No. 16.]
Be it ordained by the People of the State of Florida in Convention assembled, That the second section of the third article of the Constitution be so amended as to read: That the Governor shall be elected for two years instead of four: Provided, That this ordinance shall not take effect until the election for said officer in the year 1865.
Done in open Convention, January 18th, 1861.
[No. 17.]
Be it ordained by the People of the State of Florida in Convention assembled, That there shall be established a Court at Key West in this State, which Court shall have and exercise Admiralty jurisdiction only; that the laws of the late United States applicable to, and heretofore governing the District Court of the United States for the Southern District of Florida, be and the same are hereby adopted for the control and government of said Court; that said Court shall be known as the Court of Admiralty for the Southern District of Florida, and that the limits of its jurisdiction shall be the same as were prescribed by an Act of the late Federal Congress, Approved February 28th, 1847.
2. Be it further Ordained, That there shall be one Judge of said Court, with a salary of twenty-five hundred dollars per annum, who shall be appointed by the Governor of this State, by and with the advice and consent of the Senate thereof, who shall have power to appoint a Clerk of said Court, which said clerk, before entering upon the duties of his office, shall enter into a bond in the sum of two thousand dollars to be approved by the said Judge, conditioned for the faithful performance of his duties.
3. Be it further ordained, That a Marshal of said Court shall be appointed in like manner as the Judge thereof, who, with the Clerk of said Court, shall receive the same fees and emoluments as were prescribed by an act of the late Federal Congress, approved February 26th, 1853. The said Marshal shall enter into a bond in the sum of twenty thousand dollars, conditioned for the faithful performance of his duties, and the payment of all monies coming into his hands under the order of the Court, which bond shall be approved by the Judge thereof.
4. Be it further ordained, That the said Judge shall reside at Key West, that the Court shall be always open for the transaction of admiralty business, and that appeals may be taken from the decrees thereof to the Supreme Court of this State, in like manner as appeals from the Circuit Courts of this State are now prosecuted.
5. Be it further ordained, That whenever the Provisional or permanent Government ot a Southern Confederacy shall establish a Court of Admiralty and foreign jurisdiction for the Southern District of Florida, this ordinanre shall cease to be of any force and effect.
Done in open Convention, January 19th, 1861.
[No. 18.]
Be it ordained by the People of the State of Florida in Convention assembled, That the laws of the United States in relation to Post offices, mail routes, contracts, and all other postal matters, heretofore made and in force in the State of Florida on the 10th day of January of the present year, so far as the same may be applicable to a single State, shall remain and continue in full force in this State, until the same shall be altered or repealed under the authority of this Convention.
2d. That the several mail routes which lie in whole or in part in the State of Florida, or in its adjacent waters, and the contracts now subsisting for carrying the mails thereon, be and they are hereby continued until otherwise provided under the authority of this Convention, or until, by proclamation by the Chief Magistrate of the State of Florida, they shall be suspended or discontinued; and that all amounts falling due under said contracts be paid out of any moneys in the Treasury of the State of Florida not otherwise appropriated: Provided, Payment shall not be received by the contractors under existing contracts made by them with the government of the United States.
3d. That the General Assembly of the State of Florida do provide for the appointment or election of a competent person who shall, for the State of Florida, discharge all the duties heretofore performed by the Post Master General of the United States, so far as the same may be applicable to a sovereign State, subject however to such modifications as the said General Assembly may prescribe, and whose duty especially it shall be to negotiate with the proper authorities of the States of South Carolina, Georgia, Alabama and Louisiana, for the joint payment of the expense of transporting the mails over such routes as may have one of their termini in either of said States and the other in Florida.
Done in open Convention January 19th, 1861.
[No. 19.]
Be it Ordained by the People of the State of Florida in Convention Assembled, That the Circuit Courts of this State, until otherwise provided for by the permanent government of a Southern Confederacy, shall, in their respective circuits, possess and exercise all the powers and jurisdiction which were possessed and exercised by the courts heretofore known and designated as the Northern District courts of the United States, and heretofore existing in this State under the Constitution and laws of the United States.
Be it further Ordained, that all unfinished business remaining in said Northern District courts, shall be transferred to the appropriate circuit, under such rules and regulations as may be prescribed by the General Assembly of this State.
Done in open Convention January 19th, 1861.
[No. 20.]
Be it ordained by the people of the State of Florida, That the Surveyor-General's, the several Inspectors' offices, the Boats and hands at the several Custom Houses, the Navy Agent's office at Pensacola, and the offices of four Timber Agents, and the office of Inspector or Surveyor of the port of Palatka, be abolished.
Be it further ordained, That the Surveyor-General of the late Federal Government be instructed to deliver over to the Register of Public Lands at St. Augustine all the papers and property appertaining to said office, who shall be authorized to carry on to completion all contracts for surveys heretofore made.
Done in open Convention January 21st, 1861.
[No. 21.]
Whereas, Divers disturbances and breaches of the peace have, within the last twelve months, occurred in the counties of Calhoun and Franklin, accompanied with numerous violations of the criminal laws of the State, which it is not to the interest of the State at this time to prosecute—Therefore,
Be it ordained by the People of the State of Florida in Convention assembled, That the Governor of this State be and he is hereby authorized and required to proclaim a general amnesty and pardon for all offences committed in said counties of Calhoun and Franklin during the year 1860.
Done in open Convention January 21st, 1861.
[No. 22.]
Be it ordained by the People of the State of Florida in Convention assembled, That this Convention doth assent to the holding of a Convention of States, to be comprised of such slaveholding States as have now, or shall have, before the final adjournment of said Convention, dissolved their connection with the late Federal Union, to be holden at Montgomery, in the State of Alabama, on the 18th day of February next, or at such other time and place as may be agreed upon by the Delegates appointed, for the purpose of forming a Provisional Government for a Southern Confederacy, to continue of force until superseded by the organization of a permanent government; and after said Provisional Government shall have been organized, said Delegates shall proceed to form a permanent government for said Confederacy, each State to have one vote in said Convention, and three persons, citizens of this State and qualified voters therein, shall be appointed by the Governor, by and with the advice and consent of this Convention, who shall represent the State of Florida in said Convention of slaveholding States proposed by this ordinance to be holden as aforesaid, who shall together cast the vote of the State; that, in the opinion of this Convention, the Constitution of the United States should constitute the basis of the said Southern Confederacy; that as soon as the terms of the permanent government for said Confederation shall be agreed upon, the same shall, by the Governor of the State of Florida, be submitted for ratification to this Convention, and, when ratified, the terms of said Confederation shall become the supreme law of the State of Florida.
Done in open Convention, January 17, A.D. 1861.
RESOLUTIONS.
[No. 1.]
Resolution for the relief of R. D. Jordon of Holmes county.
Resolved, That the Treasurer be authorized to pay R. D. Jordon, mileage and per diem, for six days in the Convention as the member from Holmes county.
Done in open Convention, January 16th, 1861.
[No. 2.]
Resolved, That A. J. T. Wright be entitled to the same pay and emoluments as are allowed to other members of this Convention for the period he has served as a member thereof.
Done in open Convention, January 16th, 1861.
[No. 3.]
Resolved, That the Hon. S. R. Mallory, Hon. D. L. Yulee and Hon. George S. Hawkins be and they are hereby appointed Commissioners for the State of Florida, whose duty it shall be to negotiate with the authorities at Washington for the surrender to this State of all Navy Yards, Forts, Magazines, Arsenals, and all other public property within its limits.
Be it further resolved, That the President of this Convention transmit to the said commissioners a certified copy of this resolution.
Done in open Convention January 18th, 1861.
[No. 4.]
Resolved, That the Convention doth hereby signify their approval and high appreciation of the acts of Major General Chase in the conduct of the late military operations, at and near Pensacola, as the same have been communicated to this body by Cols. Holland and Gee, Aids to his Excellency the Governor; and that the thanks of this Convention be also given to Cols. Holland and Gee for the services by them rendered to the State.
Done in open Convention January 18th, 1861.
[No. 5.]
Resolved, That this Convention, through their President, communicate to the Governor of Alabama their high appreciation of the conduct of the Alabama troops in the late operations at Pensacola, and that the thanks of this Convention, representing the State of Florida, are hereby tendered to Governor Moore for his promptness and patriotism.
Done in Open Convention, January 18th, 1861.
[No. 6.]
Resolved, That it shall be the duty of the Legislature of the State of Florida, at its present session, to provide by law for the maintenance of the Light-houses on the coast of this State, whenever the same shall cease to be maintained by the Federal Government at Washington City.
Done in open Convention, January 18, 1861.
[No. 7.]
Resolved, That the Secretary of this Convention be instructed and required, under the supervision of the Secretary of State, to prepare for publication all ordinances passed or that hereafter may be passed by this Convention.
Done in open Convention, January 18, 1861.
[No. 8.]
Resolved, That the enacting clause of all ordinances adopted or to be adopted by this Convention be in the following terms:
"Be it ordained by the People of the State of Florida in Convention assembled."
Done in open Convention, January 18, 1861.
[No. 9.]
Resolved, That should any vacancy occur in the delegation to the Convention of Slaveholding States while this Convention is not in session, it shall be the duty of the President of this Convention to fill said vacancy or vacancies.
Done in open Convention January 18th, 1861.
[No. 10.]
Resolved, That the Journal of the proceedings of this Convention, when printed, shall be deposited with the Secretary of State, and that officer be instructed to send by mail five copies to each of the members of this Convention, five to each member of the Legislature and five to each Judge of Probate.
Done in open Convention January 21st, 1861.
[No. 11.]
Resolved, That the Delegates from this State to the Southern Convention be instructed to oppose any attempt on the part of said Convention to legislate or transact any business whatsoever other than the adoption of a Provisional Government to be substantially on the basis of the Constitution of the late United States, and a permanent Constitution for the Southern Confederacy upon the same basis, and that in the event of the said Convention undertaking on any pretext whatsoever to exercise any powers other than that above enumerated, that our Delegates are instructed to protest against the same, and to declare in behalf of the State of Florida, that such acts will not be deemed binding on this State.
Done in open Convention, January 17th, 1861.
I, William S. Harris, Secretary of the Convention, do hereby certify that the foregoing ordinances and resolutions, are copies of ordinances and resolutions passed at the late session of the Convention of the people of Florida, and have received the assent of the President.
In witness whereof, I hereunto set my hand this the 22nd day of January, A.D., 1861.
WILLIAM S. HARRIS,
Secretary of the Convention.
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