Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-08-31
De M K S II LG.
GOVERNMENT OF FLORIDA


Richard K. Call, Edmund Law. John
Miaer, William Reynolds, Jane r.
Hauham, ca eenbury Gather and Geo.
Murray. J. G. Bronaugh was unaui.
mousiy elected President Of the Con-
vention, and J. C. Conner Clerk. The
following Message was transmitted TO
abe Council by The Governor
Gentlemen Of the Legislative Council:
Circumstances over which we had
no control, have prevented US frsm
meeting earlier. / trust, however, no
seFioas Inconvenience will result from
the delay.
Permit me to call your attention to
some few Of the many subjects ON which
you will tiud i, necessary to legislate 4;
the Superior Courts for this Terri.
tory cannot exercise jurisdiction in
matters of debt Or contract, under one
hundred dollars: Inferior Courts ought
therefore to be established for the put
pose of adjudicatins upon such small
sums, aud with such further powers as
may be thought expedient aud wars
ranted by tue organic law; as also TO
be entrusted with the control over
Roads, Mills, Ferries, and other mat
tiers of Police within their respective
counties. They should possess the
power TO try ell offenders in penal &
criminal cases, not made capital by
the acs of Congress-
Sumo provisions are also required by
which the causes now pending in the
several courts Of Florida may be trans
ferred to The Superior Courts, and 70
such Inferior Tribunals as you may
create.
In all cases Of Penal or a Grimm
al character, the Common Law is bet-
ter calculated than any other, TO seeore
tn accused fair and impartial trial,
by the act of Congress, establishing
the government of the Territory Of
Florida, the laws 10 force a, the pass
age of tho act, not Inconsistent with
she Constitution and the laws nf the
United States relating 10 Florida, as
declared by the act, shall continue in
force until altered, modified, or repeal
ed by The Legislature.
The uncertainty as to the laws aetu.
ally in force in FlOriGa, renders it
your duty to give to the Territory the
basis of such code as can be clearly
and certainly understood by the great
body of the people. The Civil Code.
as in force under the Spanish govern.
ment, was not always the same in her
several Proyinees-rhany of her laws
wee of necessity local in their char
ectsr~~and rested on DEGREES, and or.
dinances, uet now to be obtained.
advise, therefore, that the COM
mn! law be adopted as the basis of
oOl { De, engraftiDg upon it such pro.
vision- OF the civil law, IA are best
calculated to secure 90 our citizens, On
ample, speedy. aud certain redress for
any Injuries they may sus,sin.
That there exist serious objections
to the common law, cannot be denied,
Too often we see Justice yielding her
best and most sacred rights to the
skill of the cunning pieader, or fetter-
ed under its unbendiDg forms and RI
gid rules-yet divest it of these evils
call in The aid Of the civil law to
siWpiify the rules and forms of Judi.
eia proceeding, and to do away the
absurd feti0ns on which several of the
common law actions rest, aud you may
combine whatever is excellent in both
sysiens. ADD avoid whatever is obiee.
tlouahIe III either as distinct Code
The civil law has long been 10 force
IN Florida; The titles to real and per-
soDa! estate being founded upon il,
you cannot make any radical altera-
ton, 30 far "a to affect existing rights.
il will readily occur TO You eentie.
men, that Revenue is INDISPENSABLE
necessa y, to meet the expenses which
mu't arise 10 the execution of our focal |
lava, aud the subjects proper for tax
alton, to NEE; this object, will claim
your attention.
Gentlemen OF the Legislative Come
ell: The subjects on which you will ne.
eesssriIy BE- compelled to legisiate, are
80 various, that TO call your attention
specially 10 each Of them, would be az
tedious, as it is unnecessary. To re.
gaIate with prudence and wisdom the
government Of she territory, Is not less
your desire than mine. The interest,
feeling, aud wirhes, Of The peoble who
have lately become citizens Of The u.
States, onght 10 be consulted, aud |
treated WITH candor and Iiberality,-
Les Us, " oar, actsJ prove to them
tbai they IRE REGARDED by as as bro
Tiers If tlit same greA family.
GenheEen, rely With confidence on
your support, g. wiihtaudor & prompt.
ness 90 my part, yod shall ever GuJ |
me ready 10 sanction and execute such |