nearly equal to that reported by all other Auctioneers in the Territory. When we consider the number of commercial places, where business to a large amount is transacted; when we consider the number of Auctioneers, and the solicitude with which those appointments are sought; and when we refer to the extensive sales at auction of public property in different parts of the Territory, during the past year, the result, as reported to the Auditor, without explanation, is calcula. ted to create a doubt whether there has not been a want of accuracy in the returns of some of the Auctioneers. The importance of this branch of the revenue, requires a corresponding vigilance and attention on the part of the Government, and proper provisions should be made by law, to insure the fidelity of the agents charged with its col. lection. At present, there is no check whatever on the Auctioneers. They are required to render quarterly a report to the Auditor of the amount of taxes accruing to the Territory. These reports are fre quently not made; and if the Auctioneer does not charge himself with the amount due the Territory, there is no data except his own books, by which a charge could be entered against him. As a remedy against this evil, which appears to me to require immediate correction, I respectfully submit to the Legislative Council, the propriety of providing, by law, for the appointment of a solicitor in each county, to be compensated by a limited salary or by fees of office, whose duty it shall be to inspect the books and accounts of ali the Auctioneers within his county, and make a report of his proceedings (at such periods as may be required) to the Auditor of the Territory. It should also be the duty of the solicitor to take the bonds and approve of the security to be given by the Auctioneers, and to prosecute all claims of the Territory against delinquent receivers of the public mo ney, within the county for which he may be appointed.

By the adoption of this measure, the responsibility and promptitude of all the receiving officers would be increased, and the interest of the Territory greatly promoted.

The report of the Auditor is accompanied by numerous documents, relative to the claim of J. Carter, late tax collector of the county of Alachua. They are respectfully submitted without comment, to the consideration of the Legislative Council.

I regret very much to inform you that the claims of our citizens, against the General Government, for military services and supplies, furnished the troops in the service of the United States, remain unpaid. These claims exceeding the sum of $800,000, were, more than twelve months since, submitted to the most rigid scrutiny, and were fully sustained by the favorable report of the agents of the Government, appointed to examine them. Partial appropriations were made for their payment during the last session of Congress, but yet no part of them has been satisfied. This protracted and vexatious delay of the Government in discharging obligations, admitted to be just, has excited deep dissatisfaction on the part of the claimants.After overcoming the numerous objections sometimes presented to their claims by the agents of the Government; and after Congress had appropriated money for their payment, they had a right to expect a prompt satisfaction of their demands. But so far, they have been

disappointed in all their well-founded expectations. To avoid furth er procrastination in rendering justice to this class of our citizens.I respectfully suggest the propriety of passing a resolution, at an ear ly period of the session, requesting our Delegate in Congress to bring this subject to the immediate attention of the Government, and to urge the payment of these claims without further unnecessary des lay.

Believing that our criminal jurisprudence would be greatly im proved, and the cause of humanity promoted, by a commutation of most of the penalties, provided by our statues, for confinement and hard labour, for a term corresponding with the nature of the offence, I am induced to invite your attention to this subject, and recommend that application be made to Congress, through our Delegate, for an appropriation to construct a Penitentiary, at such place as may be deemed most eligible for that purpose. The certainty of punishment, has been thought, by the most learned writers on the subject, to be a far more efficient preventive of crime, than the severity of the suffering to which the offender may be exposed.

There are few crimes in the catalogue of human offences, which in my opinion, will justify the destruction of human life as an atonement, yet there are many which approach so nearly to this de. gree of criminality, as to render it somewhat difficult to discriminate between them; and when the penalty, prescribed by law, is discov. ered to be disproportioned to the offence proven to have been com◄ mitted, jurors will be inclined, from the best feelings of the human heart, to acquit the offender. By substituting confinement to hard. labor, in such cases, the certainty of punishment, as well as the ends of justice and humanity will be promoted.

The Legislative Council, during the session of 1840, appointed the Hon. William Marvin, Judge of the Southern Judicial District of Florida, to revise the statutes of the Territory. In pursuance of the wishes of the Legislative Council, he entered immediately upon the execution of this important trust; and I have received a letter from this gentleman, informing me that he will be prepared to submit, for your consideration, during the present session, the result of his la. bors. The general plan and arrangement of the different subjects embraced in the work, meets my entire approbation; and from the high reputation of Judge Marvin, for talent and research, I may ven. ture to recommend this production to your favorable consideration.

I have received a letter from the Secretary of the Treasury, in. forming me that, in the distribution of the proceeds of the Public Lands among the different States and Territories and the District of Columbia, according to the provisions of the act of Congress approved the fourth of September, 1841, the proportion to which Florida is entitled, amounts to the sum of one thousand five hundred and forty-five dollars ninety-six cents, which will be paid on the draft of the authorized Agent of the Territory. I have appointed Mr. George K. Walker of Tallahassee, the Agent to receive this fund, to whom it will probably be remitted in a short time, and will, be subject to your appropriation.

I respectfully invite the attention of the Legislative Council, to

the situation of the lands appropriated by Congress for the use of schools in the Territory. This valuable endowment, which, under judicious management, ought to produce an ample fund for the support of preparatory schools, as well as for a seminary of learning, where the youths of Florida might receive complete educations, without the necessity of resorting to foreign institutions, has been greatly neglected, and the former legislation on this subject has pro◄ duced nothing but confusion in the system, and waste of the property. In 1828 an act was passed authorising a lease of these lands during the continuance of the Territorial Government. In some of the counties this act was carried into effect; in others, it appears ne. ver to have been executed. The accompanying reports of the Trea. surer on this subject, will shew you the paltry consideration, for which five sections of this land, (the whole amount reported,) was leased, producing in the aggregate, the annual rent of $101.50. Inconsiderable as this sum is, there remains due from these rents, the sum of $371.50. The report of the Treasurer does not show the situation of the residue of the School Lands, which, including those of the University, amount to more than seventy five thousand acres, within the settled portion of the Territory. It is due the present incumbent of the Treasury Department, to say that he has been but a few months in office, and that his report has been made from the books and papers left by his predecessors. In 1832 an act was passed repealing the act of 1828, and conferring power on the inhabitants of the several townships, to elect commisioners, annually, to take charge of the sixteenth sections in their respective town. ships, with power to protect them from waste, or intrusion, and to rent them out for the term of one year. They were also empow. ered to appropriate the rents to the support of schools.

By an act passed in 1834, the Judges of the County Courts were authorized to appoint two Commissioners to take charge of the sixteenth sections within their respective counties, with powers similar to those conferred on the commissioners authorized to be elected under the provisions of the act of 1832. How far this law has been carried into effect, does not appear from any data within my possession, but I have reason to believe that, in many of the coun. ties, at least, no attention whatever has been paid to it.

In 1836, an act was passed, making it the duty of the Territorial Treasurer to demand and receive all sums then due, or which might thereafter become due, for the rent of any of the school lands within this Territory, and to require of the commissioners appointed under the several acts relating to the subject, a report of their proceedings.

By another act passed in 1837, the Treasurer of the Territory is required to seek out and prosecute all tresspassers on any School lands within the Territory, and to adopt such necessary measures as he might think proper, to obtain possession for the Territory, of any of them wrongfully occupied by any one, and to lease them for the term of one year. Both of the two last mentioned statutes require the Treasurer to make a report of his proceedings under them to the Executive, annually, to be communicated by him to the Legislative

Council. These acts are still in force, but I regret to say that they appear to have been very imperfectly executed. And from the na. ture of the duties imposed on the Treasurer whose office and pros. ence must necessarily be at the Capitol, it is almost impossible for him to pay the attention to those various duties, which their import. ance requires. The small amount due for the annual rent of many of the quarter sections, as shown by the report of the Treasurer, seems to be worth less than the labor and expense of making the collection, and the extent of country over which the School lands are dispersed, comprising every sixteenth section, and the two ens tire Townships, one of which is located in different parts of the Territory in tracts of sections, appear to render it entirely impracticable for the Treasurer to perform the duties required of him, either for the collection of the rents due the Territory, or the prosecution of trespassers. I therefore recommend, that provision be made by law to place all these lands, both the sixteenth sections and those grant. ed by Congress for the support of a Seminary of Learning, under the special protection of the County Courts of the different counties in which the lands are situated; that those Courts be required, at their first terms during the present year, to issue process to the Sheriff of their respective counties, to dispossess all intruders; that they be authorised to lease out the Lands for a limited period, (should it be deemed expedient ;) to collect the arrearages which may then be due, and appropriate the proceeds to the establishment of public schools.

All the subsequent acts on the subject, tend to show that the Leg. islative Council, has not considered the lease of any of these lands, under the provision of the act of 1828, and that the intention has been to take possession of them, and make other leases for a shorter period

How far the contracts made by the Agents of the Territory, with individuals for the occupancy of the School lands, may be binding, is a legal question to be decided by the Courts. But where a right of entry has accrued to the Territory, or to the inhabitants of the several Townships, in consequence of the want of power on the part of the Legislative Council, to make any other disposition of the lands than that intended by Congress in making the grants, or for any other cause whatever, possession should be immediately taken, by some authorised agent, empowered to protect the property from fur. ther trespass and damage. The County Courts composed of a presiding Judge and Justices, coming from all parts of the different counties, would generally possess the necessary local information, and would be most disposed to guard these lands with proper vigilance.

The sum of 815 25-100 dollars, principally in Union Bank bills, appears to have been collected, at different times, from the rent of the lands described in the report of the Treasurer. This fund, de. rived from the rent of certain sixteenth sections, should be appropriated to the education of children of the poor living within the townships where those sections are situated. I would suggest the propriety of adding to this the amount to which the Territory is en. utled in the distribution of the proceeds of the public lands, under

the provision of the act of Congress, approved the 4th of September, 1841. By these means, the foundation might be laid for an institu tion which may become valuable to the country; and the sun refer. red to is too inconsiderable to be divided, and appropriated to any other beneficial purpose.

It appears to me that the time has arrived when some effort should be made to render available the liberal grants of the Government for school purposes, within this Territory; and, humble as our first attempts must be, for the accomplishment of this desirable object, they may, in time, be productive of interesting results. If they should but afford the opportunity of acquiring the rudiments of ed. ucation to those who would otherwise have remained in ignorance; if they should redeem one youthful mind from darkness and vice, and inspire a noble emulation to pursue the path of learning and morality-this alone would be an achievement worthy of our greatest efforts. But in this unobtrusive sphere of life, genius is as often found, as in the mansions of the rich and great; and at the obscure institutions which we may be able to establish with our present limited means, many interesting youths may receive that spark of know. ledge, which, in mature life, may expand into brilliant light, rendering the possessor useful to himself, and serviceable to his country.

Fully impressed with the high importance of commencing the establishment of public schools without further delay, I cannot too strongly recommend the subject to your consideration.

The accompanying report of the Commissioner, will inform you of the present condition of the Tallahassee fund. The Capitol, you will perceive, is yet in an unfinished condition, and is liable to sustain much injury, if permitted to remain long in that situation. During the last session of Congress, a bill making an appropriation sufficient for its completion, passed the House of Representatives, but, from some cause, it was not acted on in the Senate. As there can be no well founded objection to this measure, sustained as it is by so many precedents, in making similar appropriations for other Territories, we may indulge the hope that the bill will pass the Senate during the present session of Congress, and that the building will be completed in time for the reception of the next Legislative Council.

During the past year, our frontier settlement experienced great distress and suffering, from the depredations and murders committed by the Seminole and Creek Indians. In the midst of these suffer ings, the termination of the war was formally announced. But with this annunciation, peace was not restored, and other outrages were perpetrated, with undiminished ferocity. Since, however, the sig nal chastisement inflicted on a band of these marauders, by a party of citizens from Georgia and Florida, led by their gallant command. er, Col. Bailey, no further disturbance has taken place. And al. though I had but little confidence in any favorable result from the late treaty with this treacherous and perfidious race, from recent events, of which I have heard unofficially, I entertain the hope that the Seminole war, after seven years continuance, is now ap. proaching its final termination. From report, I have heard that a