FLORIDA. 



267 



fact or at law, could not possibly be kept free 

 from personal animosity. The majority seemed, 

 indeed, disposed to overlook the ineligibility of 

 the four, and let them occupy their seats, if 

 they (who were regarded as extremists) would 

 agree with it in other matters; but this they 

 appeared not inclined to do. Hence in a few 

 days the dissension widened so as to assume 

 the shape of actual division, and the assembly 

 was split into two portions ; the one greater, 

 as to numbers, the other greater in strength, 

 because of its members being individually 

 vested with a larger measure of official power 

 in the convention. They belonged largely to 

 the most important standing committees, and 

 these four delegates, to whom the right of 

 sitting in the convention was denied, were 

 the most influential persons in it, the one be- 

 ing its president, and the other three forming 

 by themselves alone the Committee " on Privi- 

 leges and Elections," and that " on Eligibil- 

 ity." 



On January 26th this committee presented 

 a report, the general terms of which might be 

 so construed as to aim at securing the seats of 

 its own members. After a long and hot discus- 

 sion, the majority won the point that the re- 

 port should be recommitted to the same com- 

 mittee, and two members added to it ; but the 

 consequence was that, on January 28th, the 

 chairman submitted another report, stating 

 that "all the delegates named in General 

 Pope's order Ko. 110 are eligible to seats in 

 this convention ; and that when seats are con- 

 tested, and not until then, can this convention 

 act in the matter ; such matter in all cases be- 

 ing the special business of this committee." 

 This report was signed by four of the now five 

 members, the dissenting one objecting not to 

 the substance in the first sentence, but to " the 

 concluding part of it," and because he thought 

 that "there was no matter before the conven- 

 tion calling for a report of the committee." 

 It having been proposed to adopt the report, 

 or lay it on the table, the greater number 

 finally voted to lay it on the table "until the 

 23d of February," a time before the arrival of 

 which the convention would have probably 

 adjourned, as it actually did. The same result 

 attended the motion made by one of the major- 

 ity, of admitting John W. Butler to sit in con- 

 vention as delegate of the first district. The 

 committee reported that the delegate elected 

 and returned for the first district was not Mr. 

 Butler, but George Walker, though the latter 

 had not as yet presented himself to take his 

 x seat ; it was said that he intended not to do 

 so. The majority insisted and obtained that 

 this report also should be recommitted, and 

 three more members added to the committee, 

 one of them being the leader of the party op- 

 posed to the original three. The president 

 added still another afterward, thus making 

 nine. A majority of this committee reported, 

 on January 30th, that " from the evidence in the 

 case it appeared that George "Walker was the 



person for whom the majority vote was cast in 

 the first district and the intention of the electors 

 was so plain that he could present himself and 

 claim his seat, and that the vacancy could be 

 filled by none other. The committee held that, 

 while it would be manifestly improper and 

 illegal to vacate the seat of any member by 

 virtue of General Pope's order, and not clearly 

 made ineligible by the reconstruction acts, it 

 would be equally illegal to fill any vacancy by 

 any person claiming to be a delegate, who re- 

 ceived but a small minority of the votes of his 

 district, and who does not claim a seat by order 

 of the commanding general of the military 

 district." The motion here made of further 

 recommittal was followed by a more than 

 stormy debate of two days, and finally carried 

 by a vote of 26 yeas and 11 nays, on February 

 1st; but the chairman of the committee hav- 

 ing immediately moved "that the claims of 

 George Walker and Mr. Butler be postponed 

 until the 1st of March-," this motion also was 

 carried at the same sitting, and so the whole 

 matter ended. 



Thus the minority outmano3uvred and kept 

 in check the majority; though the members of 

 the latter used every means to lessen the influ- 

 ence attached to the official position of those 

 belonging to the former, especially by introdu- 

 cing numerous changes in the standing rules 

 governing the management of the convention 

 or the manner of voting. But, upon the occa- 

 sion of their defeat in reference to Mr. Butler, 

 the convention having adjourned to the 4th of 

 February, fifteen delegates, all belonging to 

 the said majority, resolved not to attend the 

 sessions any further, and, without asking leave 

 or giving notice, absented themselves, as it 

 were, in a body. 



The remaining members, however, at their 

 first sitting after the adjournment, on Febru- 

 ary 4th, adopted concerning the absentees the 

 following preamble and resolution : 



Whereas, The following named delegates elected 



ell, Roland T. Rombauer, Thomas Urquhart, Horatio 

 Jenkins, Jr., Aubern Erwin, E. D. Howse, Samuel 

 Pearce, C. E. Mobly, and David Mizell, have inten- 

 tionally and wilfully absented themselves from this 

 body, to prevent and obstruct reconstruction : there- 

 fore, 



Beit resolved by the people of Florida, in conven- 

 tion assembled, That Colonel F. F. Flint, command- 

 ing the post of Tallahassee, be and he is hereby re- 

 quested to arrest such absent delegates and compel 

 tneir attendance upon this body. 



For the rest, they continued sitting and 

 deliberating, as if nothing had happened. 

 Though there were in the hall only twenty- 

 one or twenty-two delegates present, this 

 number they regarded, and afterward declared 

 in express terms, to be "a legal quorum." 

 They thus not only transacted business by 

 adopting resolutions and passing ordinances 

 on numerous matters, but completed also the 

 work for which the convention had been called 



