United States Statutes at Large/Volume 5/25th Congress/2nd Session/Chapter 168

United States Statutes at Large, Volume 5
United States Congress
Public Acts of the Twenty-Fifth Congress, Second Session, Chapter 168
3802086United States Statutes at Large, Volume 5 — Public Acts of the Twenty-Fifth Congress, Second Session, Chapter 168United States Congress


July 7, 1838.
[Obsolete.]

Chap. CLXVIII.An Act to reorganize the Legislative Council of Florida and for other purposes.[1]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Legislative power of Florida, how vested. That the legislative power of the Territory of Florida shall be vested in the Governor and Legislative Council. The Legislative Council shall consist of two houses, to be called the Senate and House of Representatives. The House of Representatives shall be organized and the members thereof shall be chosen as is now provided by law for the present Legislative Council;Legislative council. and in addition to the present number, there shall be one member chosen for the county of Calhoun, one for the county of Dade, and an additional member for the county of Duval. The Senate shall consist of eleven members, to be chosen as follows:Senate―how chosen, &c. three shall be chosen from the western judicial district, including the county of Franklin, by general ticket of the qualified voters of the counties of said district, including the said county of Franklin; four from the middle judicial district, east of the Appalachicola river, to be chosen also by general ticket of the qualified voters of the counties of said district, so limited as aforesaid; three from the eastern judicial district, to be chosen also by general ticket of the qualified voters of the counties of said district; and one from the southern judicial district, to be chosen also by general ticket of the qualified voters of the counties for said district.Term of election. Said Senators shall be elected for the term of two years.

Pay and mileage of Legislative Council.Sec. 2. And be it further enacted, That the members of said Legislative Council shall receive each four dollars per diem during the session thereof, and four dollars for every twenty miles’ travel to and from the seat of Government; the distance to be computed by the most direct route from the member’s place of residence to the place where the session [is held.]

Senators, when to be elected, &c.Sec. 3. And be it further enacted, That the said Senators shall be elected in October next, at the same time, in the same manner, and by the same qualified voters as is now prescribed by law for the election of members of the present Legislative Council, and biennially thereafter, in the manner that may be prescribed by the said Legislative Council; and the returns of the election of said Senators shall be made by the marshals of each of said districts to the Governor, in such manner as shall be prescribed by the Governor.

Legislative Council vested with power to apportion the representation of either house.
Senate limited to 15 members.
Sec. 4. And be it further enacted, That the Legislative Council, by and with the consent of the Governor, are hereby vested with full power, at their first session or at any time thereafter, to apportion the representatives of either House of said Legislative Council as to them may seem best and proper, according to the population of the Territory; and may, for the purpose of more effectually equalizing said representation, increase the Senate to any number not exceeding fifteen in the whole.

Sessions limited to 75 days.Sec. 5. And be it further enacted, That no session of the Legislative Council in any year shall exceed the term of seventy-five days.

All acts and parts of acts inconsistent with this act, repealed.Sec. 6. And be it further enacted, That all acts and parts of acts heretofore passed in relation to the Legislative Council of Florida which are inconsistent with or repugnant to the provisions of this act shall be, and the same are hereby, repealed.

Approved, July 7, 1838.


  1. For the acts relating to the territory of Florida, see vol. 3, 523, 654.