Transcript
To his excellency, the Governor, and Legislative Council of the Territory of Florida:
The undersigned, citizens of Monroe County, in said territory, respectfully represent: That some three years since by a law of the Legislative Council, the County of Monroe was divided, and a new county, called Dade, was set off from it. At the time the county was thus divided, the inhabitants of Monroe, with one or two exceptions, had no knowledge that such a division was in contemplation; and those living at Key Vacas, constituting the great bulk of the inhabitants of Dade, as we are informed and believe, were equally ignorant of the measure. It was, and still is opposed by the great mass of the people of both counties, as premature, impolitic and destructive [?] of their best interests, by retarding for an indefinite period the wholesome administration of law.
The whole population of the southern district of Florida is principally confined to a chain of islands between Key West and Indian Key, including the two latter. By a census taken in April last, Key West had 600 inhabitants; Key Vacas upwards of 200, and Indian Key, at this day, has a population of but four families and ten white men, excluding wreckers, afloat with no fixed habitation. There are no inhabitants in the County of Dade, except at Key Vacas and Indian Key.
Before the division of the county, it was with great difficulty, that offences could be punished, on account of the scarcity of legal jurors. In capital cases where the proof was evident, the accused invariably availed himself of his right of [peremptory] challenge and escaped punishment. Since the division of the county, Monroe is in quite as bad condition in this respect as before; while in the County of
Dade it is utterly impossible to obtain a legal grand and petit jury to convict even for a petty misdemeanor. The administration of the law in that county is worse than a farce. The county has indeed the semblance of an organisation; but the officers are such as virtually to give to Jacob Housman, the proprietor of Indian Key, the exercise and control of all power both judicial and executive. There is no confidence placed in the officers appointed by his recommendation. They belong to him, and dare do no official act which he does not sanction. The judge of the county court of Dade, appointed as inspectors of the late election at Indian Key, men notoriously the tools of himself and the proprietor of Indian Key, and this judge himself was a candidate for the Senate at that election. The result of the election at that island shows the motive and object of their appointment. Out of a population of ten white men, and a part of these aliens, and out of four wrecking vessels, not averaging more than ten men each, from all parts of the world, and having no local habitation upon our coast, one hundred and three votes were polled for this judge. Similar frauds will continue to be practised at elections held at that place, if we may judge of the future by the experience of the past.
The person who professes to act as clerk of the county court for Dade, though it is believed he was never elected to that office, has repeatedly refused to grant copies of the poll book and the records of that election to those who wished to contest the election, and after the full amount of his legal fees had been tendered to him.
There is no possibility of bringing these officers to their just accountability
under the present organisation of the counties. They can be sued only in their own county, and there they are unapproachable and protected. The payment of simple matters of debt and account, cannot be enforced there except by one man. The dishonorable debtor defies his confiding creditor, and there is no remedy for the evil. The disorganising tendency of all these things is rapidly preparing the people to substitute might for law, and to become judges, each for himself, to measure out his own redress.
The undersigned, feeling these evils and foreseeing the ultimate tendency of them; and wishing also to preserve the supremacy of the laws over violence, make their solemn appeal to the legislative power of the Territory, for redress of the grievances they suffer; and they are emboldened to expect respectful consideration and relief.
They therefore pray that the law establishing Dade County be abolished & repealed, as inexpedient and premature, producing disorganisation and preventing the proper administration of the law; that the several laws establishing a county court and directing a session of the superior court to be held in the county of Dade be repealed as onerous and useless;
That if the foregoing cannot be granted, that then the Vacas Keys, including Duck Key, be reannexed to Monroe County, as the undersigned are informed that the inhabitants of those keys have unanimously petitioned for; and they will ever pray, &c., all of which is respectfully submitted.
Signatures over
Joseph Elzaurdi
Saml S. Constant
Alexander Patterson
W.H. Wall
O. O'Hara
Wm. Atkins
Jos. A. Thouron
J.D. Haley
C.C. Lanshey
Alex P. Scott
Gilbert Beelio
James Dutchin
Henry Warren
R. Dukes
T.G. Tirias
Wm. D. Wharton
R.H. Watson
Thomas Brown
P.A. Gandolfo [Peter Antonio Gandolfo]
Amos C. Tift
A. Gordon
Victor Constant
Saml A. Spencer
James B. Andrews
W.C. Greene
F.A. Browne
James Filor
L.F. Breaker
David M. Cold
A. Giraldo
O.T. Braman
Thomas B. Adams
N. Smith
Thos. Slaten
Robert Clarck
Benj. H. Kerr
John S. Qage
H.C. Miller
John H. DeLorme
John Walker
John Hood
W.S. Thornburgh
John G.E. Phelps
Edwin Storey
Alden A.W. Jackson
Richard H. Price
Asa F. Tift
George Aldenslade
Joseph Himenez
Chas. A. Doolittle
Samuel T. Vail
Antonio Julio
J.M. Sauls [?]
John H. Geiger
Owen Mead
The petition of Joseph Elzaurdi and 56 others, inhabitants of Monroe County, praying for a repeal of the law establishing Dade County or abolishing the superior or county courts in Dade County.
4
Referred to select com:
Marvin
Hart
Berthelot
Walker
Baily
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