place before the first of January next. Would the appropriation be made? The second Section provides for paying "J. P. K. Savage, Clerk and Haley T. Blocker, Sheriff, of the Supreme Court, the amount of three dollars per diem, from the convening of the Court, at its last session, to the time of its final adjournment." The last session here spoken ot, convened in Marianna in March or April, and from the sickness of the Judges, whose presence were required, the business could not be finished, and the Court, for the convenience of parties, adjourned over to meet in Tallahassee in July or August, at which time, after clearing the docket, they finally adjourned. This bill would give these officers nearly or quite, four hundred dollars each, for services never rendered. I am sure they would not accept the money, but the bill grants it. I respectfully suggest that the better course would be, to leave the Justices to certify the number of days, attendance, and pay for no more. If the per diem is insufficient, increase it, but limit it to services actually rendered. On the day of your adjournment, I received a bill which had passed both Houses of the General Assembly, entitled "An act to amend An Act entitled An Act to grant pre-emption rights to settlers on State Lands, approved December 31, 1852." As I could not consistently with my views of duty approve and sign the bill, it failed under the 16th Section of the 3d Article of the Constitution to be. come a law. The Seminary and Common School funds are the most sacred trusts that have ever been commited to our State-they were donations for the education of our youth. A large portion of each of these funds, is in lands yet unsold, and much of this land valuable only for its timber. If I understand this bill, it authorizes a preemption on these lands, and permits the pre-emptor to take any quantity desired, not exceeding one section. These pre-empted lands he is to use for three years from the date of his permit, and then if he fails to show that he has in cultivation, at least five acres for every forty acres so pre-empted, he simply loses his right to purchase at the appraised price. The timber lands lying on water courses, would all be pre-empted at an early day under so liberal a bill. In three years the timber would all be sold, the land rendered worthless, and the pre-emptor be ready to confess, that he had been unable to make the clearing required and would surrender his rights as a purchaser. Believing that such would be the effects of the law, I was forced to suspend the question for the time being by withholding my signature. Very Respectfully, JAMES E. BROOME. The President of the Senate announced the following Standing Committees for the present Session : STANDING COMMITTEES OF THE SENATE. On motion of Mr. Long, the rule was waived and the following resolution adopted, viz: Resolved, That the Secretary of the Senate cause to be printed on card or paste-board 75 copies of the list of Standing Committees of the Senate. The following message from the Governor was received and read: MESSAGE OF THE GOVERNOR ON A BILL TO BE ENTITLED "An Act to create a Fifth Judicial Circuit, and to confer the powers and devolve the duties of the Justices of the Supreme Court upon the Circuit Judges." EXECUTIVE CHAMBER, Fellow-Citizens of the Senate and House of Representatives : } A bill entitled "An Act to create a fifth Judicial Circuit and to confer the powers and devolve the duties of the Justices of the Supreme Court upon the Circuit Judges," which passed both Houses of the General Assembly in January last, did not reach the Executive office until after you had adjourned over to the fourth Monday in the present month. Your absence made it impossible for me to return the bill with my objections within five days; and as I could not, consistently with my views of duty, approve and sign it, it failed under the 16th Section of the 3d Article of the Constitution to become a law. In interposing to arrest the action of the General Assembly for the time being, in a matter of so much importance, I assumed a very grave responsibility, and justice to myselt as well as a proper courtesy towards a co-ordinate department of the Government, requires me to assign the reasons which induced my action. Passing for the present the question of creating a fifth Judicial Circuit, I will consider the competency of the General Assembly "to confer the powers and devolve the duties of the Justices of the Supreme Court upon the Circuit Judges." We derive the powers of Government from the Constitution. So far as that instrument undertakes to vest powers, or jurisdiction, or has provided specially for the appointment or election of those charged with their administration, its action is fundamental, and the General Assembly cannot abrogate, annul, change or transfer, either the power so vested, or the officer so elected, and charged with its execution. Let us then consult the Constitution, and ascertain how : i far it has vested the Judicial power of the State, and how far it ha authorized the General Assembly to vest it; how far it has distribu ted jurisdiction to the Judicial tribunals, and how far it authorized the General Assembly to distribute it; how far it has ordained the time, mode, and manner of electing those charged with the adminis tration of the powers, and how far it has devolved that duty upon the General Assembly. A careful investigation upon these points, will aid us in arriving at a correct conclusion, as to the extent of the powers granted to the Legislative over the Judicial department of the State Government. The first section of the fifth Article vests the Judicial power as follows: "The Judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, Courts of Chancery, Circuit Courts and Justices of the Peace; provided, the General Assembly may also vest such criminal jurisdiction as may be deemed necessary in Corporation Courts, but such jurisdiction shall not extend to capital offences." The second section of the same article confers jurisdiction upon the Supreme Court as follows: "The Supreme Court, except in cases otherwise directed in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law; Provided, that the said Court shall always have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a general superintendence and control of all other Courts." The sixth section of the same Article confers jurisdiction upon the Circuit Courts as follows: "The Circuit Courts shall have original jurisdiction in all matters civil and criminal within this State, not otherwise excepted in this Constitution." The eighth section of the same article confers equity jurisdiction as follows: "The General Assembly shall have power to establish and organize a separate Court or Courts of original equity jurisdiction, but until such Court or Courts shall be established and organized, the Circuit Courts shall exercise such jurisdiction." The tenth section of the same article authorizes the General Assembly to confer jurisdiction as follows: "A competent number of Justices of the Peace shall be from |