The Sun.
London, England, 1822-10-04 00:00:00

FLORIDA.

MEETING of the FIRST LEGISLATIVE ASSEMBLY.
[From the Washington Gazette of Aug. 21.]
MONDAY, JULY 22.—This day at twelve o'clock
the following Members of the Legislative Council appeared
and answered to their names, viz. James C. Bronaugh, Richard
K. Call, Edmund Law, John Miller, Wm. Reynolds, James
R. Hanham, Greenbury Gaither, and George Murray—who
being a majority of the whole Council, the Governor admini-
stered the oath to them, to support the Constitution of the
United States, so long as they continue citizens thereof, and to
discharge the duties of their office faithfully, and-to the best of
their abilities.
" Gentlemen of the Legislative Council,
" The flattering manner in which you have called me to pre-
side over this honourable body, has excited in my mind emo-
tions which I shall not attempt to describe. I should, how-
ever, do great injustice to my feelings were I to withhold from
you an expression of my sincere and grateful acknowledgments
1 for this distinguished mark of your confidence.
" Conscious of possessing but little practical experience of
the forms of legislation, I am but too sensible of my inadequacy
to discharge the duties of the station assigiied me, in a man-
-ner calculated to meet even your most just expectations; I
therefore assume its functions with great diffidence, and the
most anxious solicitude for the result; confidently relying on
your liberality for acharitable indulgence of any errors which
I may commit, and on your wisdom for guidance and support
—all I dare promise is rectitude of intention, strict impartiality,
and a constant, zealous exertion, on my part, to discharge the
duties assigned me, an as to merit your approbation.
" As the first Legislative Body assembled in this territory,
we are called upon to perform a task of great importance to its
future welfare; we are required to lay the foundation of the
laws and Government of a territory, which at present, although
but little known, is perhaps destined, at no very distant clay, to
become one of the most wealthy anti respectable members of the
American confederacy. Let us, therefore, unite in the work
with harmohy and good will, and by the usefulness of our la-
bours, satisfy the expectations of the people of Florida, and jus-
tify the confidence of the President and Congress of the United
States."
The Council then proceeded to elect their officers—when
John Coppinger Connor was chosen Clerk, and Jabez N.
Brown was elected Serjeant at Arms. The Council being now
organized, Mr. Murray moved, that the Governor be informed
that the Legislative Council is now ready to proceed to business;
and Messrs. Miller and Gaither were appointed a Committee
for that purpose.
Mr. Miller reputed that the Committee had waited on the
Governor, and received for answer that he would immediately
communicate his message to the Council.
On motion, Messrs. Law, Call, and Murray, were appointed
a Committee, to draft rules and regulations for the House.
A message was received from the Governor by Col. Walton,
secretary, and was read as follows :,
" Gentlemen of the Legislative Council,
"Circumstances over which we had not controul, have pre-
vented us from meeting earlier; I trust, however, no serious
inconvenience will result from the delay.
" Permit me to call your attention to some few of the many
subjects on which you will ,find it necessary to legislate; the
superior courts for this territory cannot exercise jurisdiction in
matters of debt or contract under 100 dollars ; inferior courts
ought therefore to be established for the purpose of adjudicating
upon such small sums.; and with such further powers as may
be thought expedient and warranted by the organic law ; as also
to be intrusted with the controul over roads, mills, ferries, and
other matters of police within their respective counties. They
should also possess the power to try all offenders in penal and
criminal cases not made capital by the acts of Congress.
" Some provisions are also required by which the causes now
pending in the several Courts of Florida may be transferred to
the superior Courts, and to such inferior tribunals as you may
create..
4 .
all cases of a penal or criminal character, the common
law is better calculated than any other, to secure the accused a
fair and impartial trial. By the act of Congress, establishing
the Government of the territory of Florida, the laws in force at
the passing of the Act, not inconsistent with the Constitution
and the laws of the United States relating to Florida, as de-
dared by the Act, shall continue in force, until altered, modified,
or repealed, by the Legislature.
" The uncertainty as to the laws actually in force in Florida,
renders it your duty to give to the territory the basis of such a
code, as can be clearly and certainly understood by the great
,body of the people. The civil code, as in force under the Spa.
nish Government, was not always die' same in her several Pro-
vinces—many of her lawt- were of necessity local in their cha-
racter—and rested on decrees and ordinances not now to be
obtained.
" I advise, therefore, that the common law be adopted as the
basis of our code, ingrafting upon it such provisions of the civil
law, as are best calculated to secure to our citizens an ample,
speedy; and certain redress for any injuries:they may sustain.
"']'hat there exist serious objections to the common law can-
not be denied. Too often we see justice yielding her best and
most §acred rights to the skill of the cunning pleader, or fettered
under its unbending forms and rigid rules; yet divest it of these
evils—call in the aid of the civil law to simplify the rules and
forms of judicial proceeding, and to do away the absurd fictions
on which several of the common law actions rest, and you may
combine whatever is excellent in both systems, and avoid what-
ever is objectionable in either, as a distinct code. The civil law
has long been in force in Florida; the titles to real and per•
sonal estate being founded upon it, you cannot make any radi-
cal alteration, so as to affect existing rights.
" It will readily occur to you, Gentlemen, that a revenue is
indispensably necessary, to meet the expences which must arise
in the execution of our local laws, and the subjects proper for
taxation, to meet this object, will claim your attention.
44 Gentlemen of the Legislative Council, the subjects on
which you will necessarily be compelled to legislate are so va-
rious, that to call your attention specially to each of them
would be as tedious as it is unnecessary. To regulate with
.prudence and wisdom the government of the territory, is not
less your desire than mine. The interest, feeling, and wishes
of the people who have lately become citizens of the United
States ought to be consulted, and treated with candour and li-
berality. Let us by our acts prove to them, that they are re-
• garded by us as brothers of the same great family.
" Gentlemen, I rely with confidence on your support, and
with candour and promptness on my part, you shall ever find
me ready to sanction and execute such of your acts as will tend
to the harmony and prosperity of our new country. That
Florida will in a few years assume a rank among the states of
our great and happy Union, if her citizens are united, and her
Government just and wise, cannot be doubted.
" On these great principles, then, let us all cordially unite
-to increase the respectability and wealth of our country, by in-
viting into our .territory a population active and enterprising,
and by promoting her agriculture and commerce.
44 Your fellow-citizen,
" Pensacola, July 22, 1822. 44 WM. P. DUVAL."