Answer. That must depend on the ordinance itself. If it required the registration to be recorded, I should say that then the Mayor's court was a Court of Record. If the ordinanee conferred a mere power to execute the duty, as that of assessing property or taking a census of the people, it would be considered not as the act of a Court of Record.

Question by a member of the committee.-Was the office of Governor of the Territory of Florida an office of record for that or any other purposes? Answer. So far as the Governor acted in his judicial character, his of fice must be considered as a Court of Record. He held all the powers of the Government except the power to grant lands or lay taxes.

Question.-Did the office of Mayor of St. Augustine exist under the Spanish laws before the cession of Florida?

Answer. I believe not. The Governor exercised the power in the last resort, but the judges decided the civil causes.

Question.-Who appointed Mr. Forbes Mayor? When and how was it

done?

Answer. I never saw his commission; but the Governor appointed him, as he since informed me. I mean General Jackson.

Question. Do you know how and when he received authority to register the names of inhabitants of Florida for the purpose of showing the fact of inhabitancy? Or was such power ever conferred on that officer in any way?

Answer.-If he had the power it was under the ordinance passed by Gov. Jackson.

Question. Are not, under the Spanish law, all authentic acts of individuals, not in the course of the administration of the law, transacted before a notary public? And does not such notary deliver to the party the original act, retaining merely a copy thereof?

Answer.-There were notaries under the Government of Florida while under the Spanish Government; but I cannot speak with certainty of the manner they transacted their business, except it was done in a very loose manner. I do not know whether they kept the original papers or gave out copies.

WILLIAM P. DUVAL.

Sworn and subscribed this 1st September, 1841.

WILLIAM HALSTED, Chairman.

No. 10.

Deposition of Joseph S. Sanchez.

Joseph S. Sanchez, being further examined, deposeth that, to the best of his knowledge and belief, no previous residence was necessary to enable a person to become a citizen and subject of Spain, in East Florida; that the applicant for admission to the rights of citizenship presented his prayer to the Governor, and, if granted, he took the oath of allegiance at once, and became a Spanish subject; and that the power of the Spanish Governor was complete and supreme in the province of East Florida upon this, as upon all other subjects, subject only to the superior and supervisory authority of the Captain-General of Cuba, and the royal will of the King of Spain.

JOSEPH S. SANCHEZ.

Sworn and subscribed before me this 1st day of September, A. D. 1841. W. HALSTED, Chairman.

No. 11.

Affidavit of F. Mallory.

DISTRICT OF COLUMBIA, Washington.

Dr. Francis Mallory, being duly sworn according to law, doth depose and say, that he knew David Levy when quite a small boy, living in Norfolk with M. Myers, and going to school; he must have been about thirteen or fourteen years old. There can be no mistake as to the identity of Mr. Levy; it was previous to the year 1827. I was not in Norfolk in 1820 and in 1821. In 1822 and 1823 I was in the navy. I have no doubt that David Levy was a minor when I saw him at Norfolk, going to school As to the dates I cannot be very precise, except that he was a minor when he was there going to school.

And, being cross-examined, the witness said that when he first saw David Levy it was after he left the navy in the year 1824. I did not know who David Levy was or where he was from.

F. MALLORY.

Sworn and subscribed this 1st day of September, A. D. 1841.

W. HALSTED.

No. 12.

Extracts from bill of Complaint of Moses E. Levy.

Humbly complaining, sheweth unto your orator, Moses E. Levy, of the county of Alachua, in said district, on the 3d day of August, one thousand eight hundred and twenty, through Messrs. Hernandez and Cheavitean, merchants of Havana, in the island of Cuba, his agents and trustees in that behalf, purchased at Havana, aforesaid, from Don Fernando de la Maza Arredondo, Senior, also of the said city of Havana, two certain tracts of land represented by the said Fernando de la Maza Arredondo, Senior, to be situated in East Florida, that is to say: one of them about eight miles above Lake George, on the St. John's river, containing 14,500 acres; the other containing 38,400 acres, on both sides of Alligator creek, for the sum of twenty-five thousand dollars, paid at the time of purchase by your orator, through the said Hernandez and Cheavitean, his agents and trustees, as aforesaid, to the said Fernando M. Arredondo, Senior, for the said two tracts of land. And for the further sum of ten thousand eight hundred and seventy-five dollars for the said two tracts of land, to be paid by your orator to the said Arredondo, upon the contingency of the United States taking possession of East Florida. And in one and two years after that event, and for the securing of the payment of the said sum of ten thousand eight hundred and seventy-five dollars, your orator gave the said Fernando M. Arredondo, Senior, his promissory note or memorandum in writing, signed by your orator, and bearing date the aforesaid 3d day of August, one thousand eight hundred and twenty.

And your orator further shows unto your honor, that the said Fernando M. Arredonda, Senior, well knew before and at the time of the said purchase and transfer of the said lands, that the said Hernandez and Chearitean had no personal interest in the said lands, or in the terms of their purchase; and that, so far as they had any concern in the negotiation for the

said purchase, they acted as the agents of your orator; and that, in taking the conveyance of the said lands in their name, they acted at his request as his trustees; that, the said purchase was made exclusively for and on account of your orator; that the whole of the purchase money paid and to be paid was paid, and to be paid by your orator; and that the aforesaid conveyance of the said lands was made in trust for the sole use and benefit of your orator.

And your orator further shows unto your honor, that, believing and relying upon the aforesaid representations, affirmations, and assertions, of the said Fernando M. Arredondo, Senior, he, on the twenty-third day of August, 1820, concluded the purchase of the said lands, and made the payment of twenty-five thousand dollars, and entered into the stipulation for the payment of the further sum of ten thousand eight hundred and seventyfive dollars, by giving his promissory note to the said Fernando M. Arredondo, Senior, as has been hereinbefore alleged and set forth.

Your orator further shows, that at the time he made the said purchase, he was engaged in a very profitable business as a merchant in Havana, aforesaid, and he was induced solely by the purchase of the said lands to abandon his mercantile pursuits; and, in consequence of the non-existence of the said Alligator creek land, he has been greatly damnified.

Item No. 3.-Messrs. Hernandez and Cheavitean in account with Fernando M. Arredondo.

For 38,400 acres of land, which I sold them
in East Florida, on both sides of Alligator
creek, which belong to my son of the same
name, as it appears by the bill of sale in the
office of the Escribano, Pouton, of this day's
date, which declares their being sold for
$20,000, but which have been sold in real-
ity for

For 14,500 acres of land situated on the mar-
gin of the river St. Johns, of said province,
on the old path of the Chocochale Indians,
belonging to me, for the sum of $10,875,
although in the bill of sale it expresses but
$5,000

$25,000

By an order of Mr. M. E. Levy against said
gentleman of the 10th of May, paid by
said gentleman

By another order of this day

By 15,000 lbs. of copper kettles which he has this day delivered me

15,000

By an obligation of Mr. M. E. Levy, paya-
ble in one and two years after the United
States taking possession of said province,
without any responsibility of said Messrs.
Hernandez and Cheavitean

10,875

Triplicate. HAVANA, August 3, 1820.

Item No. 4.-Having agreed with Don Moses Elias Levy, at the time when I sealed to Hernandez and Cheavitean two tracts of land in the province of East Florida, who acted as agents of said Levy, the purchase being made for account of the last mentioned, that in the case of the cession of said province to the United States of America he was to pay $10,875 in addition to the sum specified in the bill of sale, and for which sum he made me an obligation on the 3d of August, 1820, let it be known that he has paid me on account of the second instalment of said obligation two thousand six hundred and eighteen dollars and six rials.

FERNANDO DE LA MAZA ARREDONDO.

Witness: SAMUEL BETTS.
HAVANA, November 21, 1821.

We, Hernandez and Cheavitean, merchants of this place, do declare that, on the 3d day of August, 1820, an authentic bill of sale, executed in our behalf before Don Capitano Ponton by Don Fernando de la Maza Arredondo, for two tracts of land situated in the province of East Florida, one of them containing 14,500 acres, and the other containing 38,400 acres, as more particularly appears in said bill of sale, which having been issued in our behalf because it so suited to the convenience of the true purchaser, who is Don Moses E. Levy, who paid to the vender, Don Fernando de la Maza Arredondo, the $25,000, for which sum the two tracts of land were bought, we give him this declaration in order that at all times it may appear and said Levy may prove that the said property is his, and that we have no pretension whatever to it, and that to this day it does not belong to us.

In testimony whereof, and in order that said Levy may make use of it to his best advantage, we sign, in this behalf, this declaration per quatriplicates, in the Havana on the 10th November, 1820.

HERNANDEZ & CHEAVITEAN.

[Here follow deeds showing that the lands referred to in the foregoing were transferred to Moses E. Levy, in his own name, on the 8th day of June, 1821.]

No. 13.

Deposition of J. M. Hernandez, September 1, 1841.

Joseph M. Hernandez, being sworn, on his oath deposeth and saith: That he is a native of St. Augustine, in East Florida, and was there prior to, and on the day of, the transfer of East Florida to the United States, commonly called the "change of flags;" that, up to that day, Moses E. Levy had not been an inhabitant or, as deponent verily believes, a visiter of Florida; that Moses E. Levy, the farther of David Levy, came to St. Augustine after the transfer of Florida to the United States-that is, after the "change of flags;" that he first took up his residence in St. Augustine before Governor Coppinger left that place, but not until after his authority as Governor had been surrendered to the American commissioner; that