• TABLE OF CONTENTS
HIDE
 Preamble
 Article I. Boundaries
 Article IV. Legislative depart...
 Article V. Executive departmen...
 Article VI. Judicial departmen...
 Article VII. Administrative...
 Article VIII. Education
 Article IX. Homestead
 Article X. Public institutions
 Article X. Militia
 Article XIII. Census and appor...
 Article XV. Schedule
 Article XVI. Miscellaneous
 Article XVII. Amendments
 Signatures
 Ordinances














Title: Constitution of the state of Florida
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Permanent Link: http://ufdc.ufl.edu/SA00000004/00002
 Material Information
Title: Constitution of the state of Florida framed at a convention of the people, begun and held at the city of Tallahassee, on the 20th day of January, A.D., 1868. Together with the ordinances adopted by said convention
Physical Description: 42 p. : ; 23 cm.
Language: English
Creator: Florida
Publisher: Office of the Florida union
Place of Publication: Jacksonville Florida
Publication Date: 1868
 Subjects
Genre: non-fiction   ( marcgt )
 Notes
Statement of Responsibility: Published in compliance with a resolution of said convention by Sherman Conant, secretary of the convention.
 Record Information
Bibliographic ID: SA00000004
Volume ID: VID00002
Source Institution: Florida State Archives
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 01879111
lccn - 10012142

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Table of Contents
    Preamble
        Page 1 (MULTIPLE)
        Page 2
        Page 3
        Page 4
    Article I. Boundaries
        Page 5 (MULTIPLE)
    Article IV. Legislative department
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
    Article V. Executive department
        Page 11
        Page 12
        Page 13
        Page 14
    Article VI. Judicial department
        Page 15
        Page 16
        Page 17
        Page 18
    Article VII. Administrative department
        Page 19
        Page 20
    Article VIII. Education
        Page 21
    Article IX. Homestead
        Page 22
    Article X. Public institutions
        Page 23
    Article X. Militia
        Page 24
        Page 25
    Article XIII. Census and apportionment
        Page 26 (MULTIPLE)
        Page 27
    Article XV. Schedule
        Page 28
        Page 29
        Page 30
    Article XVI. Miscellaneous
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
    Article XVII. Amendments
        Page 38
    Signatures
        Page 39
    Ordinances
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
Full Text







Constitution 1868
Florida Constitutional Convention (1868)
Tallahassee, Florida

Florida Constitution (1868) is the product of the Florida State Archives and its
"Florida Memory Project". It is provided, here, as a courtesy of the Florida State
Archives. This particular constitution is one of several compiled as "Florida's
Early Constitutions". The Florida State Archives is a unit of the Bureau of
Archives & Records Management in the Division of Library & Information
Services, Florida Department of State.






CONSTITUTION,
or FORM OF GOVERNMENT,
for the PEOPLE OF FLORIDA
Adopted February 25, 1868


We, the people of the State of Florida, grateful to Almighty God for
our freedom, in order to secure its blessings and form a more
perfect government, insuring domestic tranquility, maintaining
public order, perpetuating liberty and guaranteeing equal civil and
political rights to all, do establish this Constitution.


Declaration of Rights

Section 1.
All men are by nature free and equal, and have certain inalienable
rights, among which are those of enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and
pursuing and obtaining safety and happiness.

Section 2.
All political power is inherent in the people. Government is instituted
for the protection, security, and benefit of its citizens, and they have
the right to alter or amend the same whenever the public good may
require it; but the paramount allegiance of every citizen is due to
the Federal Government, and no power exists with the people of
this State to dissolve its connection therewith.











Section 3.
The right of trial by jury shall be secured to all and remain inviolate
forever; but in all civil cases a jury trial may be waived by the
parties in the manner to be prescribed by law.

Section 4.
The free exercise and enjoyment of religious profession and
worship shall forever be allowed in this State, and no person shall
be rendered incompetent as a witness on account of his religious
opinions; but the liberty of conscience hereby secured shall not be
so construed as to justify licentiousness or practices subversive of
the peace and safety of the State.

Section 5.
The privilege of the writ of habeas corpus
shall not be suspended unless when, in case of invasion or
rebellion, the public safety may require its suspension.

Section 6.
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel or unusual punishment be inflicted, nor shall witnesses be
unreasonably detained.

Section 7.
All persons shall be bailable by sufficient sureties, unless for capital
offenses when the proof is evident, or the presumption great.

Section 8.
No person shall be tried for a capital or otherwise infamous crime,
except in cases of impeachment, and in cases of the militia when in
active service in time of war, or which the State may keep, with the
consent of Congress, in time of peace, and in cases of petit
larceny, under the regulation of the Legislature, unless on
presentment and indictment by a grand jury; and in any trial, by any
court, the party accused shall be allowed to appear and defend in
person and with counsel, as in civil actions. No person shall be
subject to be twice put in jeopardy for the same offense, nor shall
be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property without due process of
law; nor shall private property be taken without just compensation.










Section 9.
Every citizen may fully speak and write his sentiments on all
subjects, being responsible for the abuse of that right, and no law
shall be passed to restrain or abridge the liberty of speech or the
press. In all criminal prosecutions and civil actions for libel the truth
may be given in evidence to the jury, and if it shall appear that the
matter charged as libelous is true, but was published for good
motives, the party shall be acquitted or exonerated.

Section 10.
The people shall have the right to assemble together to consult for
the common good, to instruct their representatives, and to petition
the Legislature for redress or grievance.

Section 11.
All laws of a general nature shall have a uniform operation.

Section 12.
The military shall be subordinate to the civil power.

Section 13.
No soldier shall, in time of peace, be quartered in any house,
except with the consent of the owner, nor in time of war, except in
manner prescribed by law.

Section 14.
Representation shall be apportioned according to population, as
well as may be, but no county shall have more then four
representatives, or less than one representative, in the Assembly.

Section 15.
No person shall be imprisoned for debt, except in case of fraud.

Section 16.
No bill of attainder, or ex post facto law, or law impairing the
obligations of contracts, shall ever be passed.

Section 17.
Foreigners who are or who may hereafter become bona fide
residents of the State, shall enjoy the same rights in respect to the
possession, enjoyment, and inheritance of property as native-born
citizens.










Section 18.
Neither slavery nor involuntary servitude, unless for the punishment
of crime, shall ever be tolerated in this State.

Section 19.
The rights of the people to be secure in their persons, houses,
papers, and effects, against unreasonable seizures and searches,
shall not be violated; and no warrants issued but in probable cause,
supported by oath or affirmation, particularly describing the place or
places to be searched, and the person or persons, and thing or
things to be seized.

Section 20.
Treason against the State shall consist only in levying war against
it, adhering to its enemies, or giving them aid and comfort; and no
person shall be convicted of treason unless on the testimony of two
witnesses to the same overt act, or confession in open court.

Section 21.
This State shall ever remain a member of the American Union, the
people thereof a part of the American nation, and any attempt from
whatever source, or upon whatever pretense, to dissolve said
Union, or to sever said nation, shall be resisted with the whole
power of the State.

Section 22.
The people shall have the right to bear arms in defense of
themselves and of the lawful authority of the State.

Section 23.
No preference can be given by law to any church, sect, or mode of
worship.

Section 24.
This enunciation of rights shall not be construed to impair or deny
others retained by the people.










ARTICLE I.
Boundaries.

The boundaries of the State of Florida shall be as follows:
Commencing at the mouth of the river Perdido; from thence up the
middle of said river to where it intersects the south boundary line of
the State of Alabama, and the thirty-first degree of north latitude;
then due east to the Chattahoochee river; then down the middle of
said river to its confluence with the Flint river; from thence straight
to the head of the St. Marys river; then down the middle of said
river to the Atlantic ocean; thence southeastwardly along the coast
to the edge of the Gulf Stream; then southwestwardly along the
edge of the Gulf Stream and Florida Reefs to and including the
Tortugas Islands; thence northeastwardly to a point three leagues
from the mainland; thence northwestwardly three leagues from the
land, to a point west of the mouth of the Perdido river; thence to the
place of beginning.


ARTICLE II.
Seat of Government.

The seat of government shall be and remain permanent at the city
of Tallahassee, in the county of Leon, until otherwise located by a
majority vote of the Legislature, and by a majority vote of the
people.


ARTICLE III
Distribution of Powers

The powers of the government of the State of Florida shall be
divided into three departments: Legislative, Executive, and Judicial;
and no person properly belonging to one of the departments shall
exercise any functions appertaining to either of the others, except in
those cases expressly provided for by this Constitution.










ARTICLE IV
Legislative Department.

Section 1.
The legislative authority of this State shall be vested in a Senate
and Assembly, which shall be designated "The Legislature of the
State of Florida," and the sessions thereof shall be held at the seat
of government of the State.

Section 2.
The sessions of the Legislature shall be annual, the first session on
the second Monday of June, A. D. 1868, and thereafter on the first
Tuesday after the first Monday of January, commencing in the year
A. D. 1869. The Governor may, in the interim, convene the same in
extra session by his proclamation.

Section 3.
The members of the Assembly shall be chosen biennially, those of
the first Legislature on the first Monday, Tuesday, and Wednesday
of May, A. D. 1868, and thereafter on the first Tuesday after the first
Monday of November, commencing with the year A. D. 1870.

Section 4.
Senators shall be chosen for the term of four years, at the same
time and place as members of the Assembly; Provided, that the
Senators elected at the first election from the senatorial districts
designated by even numbers shall vacate their seats at the
expiration of two years, and thereafter all senators shall be elected
for the term of four years, so that one-half of the whole number
shall be elected biennially.

Section 5.
Senators and members of the Assembly shall be duly qualified
electors in the respective counties and districts which they
represent.

Section 6.
Each house shall judge of the qualifications, elections, and returns
of its own members; choose its own officers, except the President
of the Senate; determine the rules of its proceedings; and may
punish its members for disorderly conduct, and with the
concurrence of two-thirds of all the members present, expel a
member.










Section 7.
Either house, during the session, may punish by imprisonment any
person not a member, who shall have been guilty of disorderly or
contemptuous conduct in its presence; but such imprisonment shall
not extend beyond the final adjournment of the session.

Section 8.
A majority of each house shall constitute a quorum to do business,
but a smaller number may adjourn from day to day, and may
compel the presence of absent members in such manner and
under such penalties as each house may prescribe.

Section 9.
Any person who shall be convicted of embezzlement or defalcation
of the funds of the State, or of having given or offered a bribe to
secure his election or appointment to office, or of having received a
bribe to aid in the procurement of office for any other person, shall
be disqualified from holding any office of honor, profit, or trust in the
State; and the Legislature shall, as soon as practicable, provide by
law for the punishment of such embezzlement, defalcation, or
bribery as a felony.

Section 10.
Each house shall keep a journal of its own proceedings, which shall
be published, and the yeas and nays of the members of either
house on any question shall, at the desire of any three members
present, be entered on the journal.

Section 11.
The doors of each house shall be kept open during its session,
except the Senate while sitting in executive session; and neither
shall, without the consent of the other, adjourn for more than three
days, or to any other town than that in which they may be holding
their session.

Section 12.
Any bill may originate in either house of the Legislature, and after
being passed in one house may be amended in the other.

Section 13.
The enacting clause of every law shall be as follows: "The people of
the State of Florida, represented in Senate and Assembly, do enact
as follows."










Section 14.
Each law enacted in the Legislature shall embrace but one subject,
and matter properly connected therewith, which subject shall be
briefly expressed in the title, and no law shall be amended or
revised by reference to its title only; but in such case, the act as
revised, or section as amended, shall be re-enacted and published
at length.

Section 15.
Every bill shall be read by sections on three several days in each
house, unless in case of emergency two-thirds of the house where
such bill may be pending shall deem it expedient to dispense with
this rule; but the reading of a bill by sections on its final passage
shall in no case be dispensed with; and the vote of the final
passage of every bill, or joint resolution, shall be taken by yeas and
nays, to be entered in the journal of each house, and a majority of
the members present in each house shall be necessary to pass
every bill or joint resolution, and all bills or joint resolutions so
passed shall be signed by the presiding officers of the respective
houses, and by the secretary of the Senate and clerk of the
Assembly.

Section 16.
No money shall be drawn from the Treasury except by
appropriation made by law, and accurate statements of the receipts
and expenditures of the public money shall be attached to and
published with the laws passed at every regular session of the
Legislature.

Section 17.
The Legislature shall not pass special or local laws in any of the
following enumerated cases; that is to say, regulating the
jurisdiction and duties of any class of officers, or for the punishment
of crime or misdemeanor; regulating the practice of courts of
justice; providing for changing venue of civil and criminal cases;
granting divorces; changing the names of persons; vacating roads,
town plats, streets, alleys, and public squares; summoning and
empaneling grand and petit juries, and providing for their
compensation; regulating county, township, and municipal
business; regulating the election of county, township, and municipal
officers; for the assessment and collection of taxes for State,
county, and municipal purposes; providing for opening and
conducting elections for State, county, and municipal officers, and
designating the places of voting; providing for the sale of real estate










belonging to minors or other persons laboring under legal
disabilities; regulating the fees of officers.

Section 18.
In all cases enumerated in the preceding section, and in all other
cases where a general law can be made applicable, all laws shall
be general and of uniform operation throughout the State.

Section 19.
Provision may be made by general law for bringing suit against the
State as to all liabilities now existing or hereafter originating.

Section 20.
Lotteries are hereby prohibited in this State.

Section 21.
The Legislature shall establish a uniform system of county,
township, and municipal government.

Section 22.
The Legislature shall provide by general law for incorporating such
municipal, educational, agricultural, mechanical, mining, and other
useful companies or associations as may be deemed necessary.

Section 23.
No person who is not a qualified elector of this State, or any person
who shall have been convicted of bribery, forgery, perjury, larceny,
or other high crime, unless restored to civil rights, shall be permitted
to serve on juries.

Section 24.
Laws shall be passed regulating elections, and prohibiting, under
adequate penalties, all undue influence thereon from power,
bribery, tumult, or other improper practice.

Section 25.
Regular sessions of the Legislature may extend to sixty days, but
any special session convened by the Governor shall not exceed
twenty days.

Section 26.
All property, both real and personal, of the wife, owned by her
before marriage, or acquired afterward by gift, devise, descent, or










purchase, shall be her separate property, and not liable for the
debts of her husband.

Section 27.
The Legislature shall provide for the election by the people, or
appointment by the Governor, of all State, county, or municipal
officers not otherwise provided for by this Constitution, and fix by
law their duties and compensation.

Section 28.
Every bill which may have passed the Legislature shall, before
becoming a law, be presented to the Governor; if he approves it he
shall sign it, but if not he shall return it with his objections to the
house in which it originated, which house shall cause such
objections to be entered upon its journal, and proceed to reconsider
it; if, after such reconsideration, it shall pass both houses by a two-
thirds vote of the members present, which vote shall be entered on
the journal of each house, it shall become a law. If any bill shall not
be returned within five days after it shall have been presented to
the Governor (Sundays excepted,) the same shall be a law, in like
manner as if he had signed it. If the Legislature, by its final
adjournment, prevent such action, such bill shall be a law unless
the Governor, within ten days next after the adjournment, shall file
such bill with his objections thereto in the office of the Secretary of
State, who shall lay the same before the Legislature at its next
session, and if the same shall receive two-thirds of the votes
present it shall become a law.

Section 29.
The Assembly shall have the sole power of impeachment, but a
vote of two-thirds of all the members present shall be required to
impeach any officer; and all impeachments shall be tried by the
Senate. When sitting for that purpose, the senators shall be upon
oath or affirmation, and no person shall be convicted without the
concurrence of two-thirds of the senators present. The Chief
Justice shall preside at all trials by impeachment, except in the trial
of the Chief Justice, when the Lieutenant Governor shall preside.
The Governor, Lieutenant Governor, members of the Cabinet,
justices of the Supreme Court, and judges of the circuit court shall
be liable to impeachment for any misdemeanor in office; but
judgment in such cases shall extend only to removal from office
and disqualification to hold any office of honor, trust, or profit under
the State; but the party convicted or acquitted shall nevertheless be
liable to indictment, trial, and punishment according to law. All other










officers who shall have been appointed to office by the Governor,
and by and with the consent of the Senate, may be removed from
office upon the recommendation of the Governor and consent of
the Senate, but they shall nevertheless be liable to indictment, trial,
and punishment according to law for any misdemeanor in office; all
other civil officers shall be tried for misdemeanor in office in such
manner as the Legislature may provide.

Section 30.
Laws making appropriation for the salaries of public officers, and
other current expenses of the State, shall contain provisions on no
other subject.

Section 31.
The Legislature shall elect United States senators in the manner
prescribed by the Congress of the United States and by this
Constitution.


ARTICLE V
Executive Department.

Section 1.
The supreme executive power of the State shall be vested in a
Chief Magistrate, who shall be styled the Governor of Florida.

Section 2.
The Governor shall be elected by the qualified electors at the time
and places of voting for the members of the Legislature, and shall
hold his office for four years from the time of his installation;
Provided, that the term of the first Governor elected under this
Constitution shall expire at the opening of the regular session of the
Legislature of A. D. 1873, and until his successor shall be qualified.
He shall take the oath of office prescribed for all State officers.

Section 3.
No person shall be eligible to the office of Governor who is not a
qualified elector, and who has not been nine years a citizen of the
United States, and three years a citizen of the State of Florida, next
preceding the time of his election.










Section 4.
The Governor shall be Commander-in-chief of the military forces of
the State, except when they shall be called into the service of the
United States.

Section 5.
He shall transact all executive business with the officers of the
government, civil and military, and may require information in
writing from the officers of the administrative department upon any
subject relating to the duties of their respective offices.

Section 6.
He shall see that the laws are faithfully executed.

Section 7.
When any office, from any cause, shall become vacant, and no
mode is provided by this Constitution or by the laws of the State for
filling such vacancy, the Governor shall have the power to fill such
vacancy by granting a commission, which shall expire at the next
election.

Section 8.
The Governor may, on extraordinary occasions, convene the
Legislature by proclamation, and shall state to both houses, when
organized, the purpose for which they have been convened, and
the Legislature then shall transact no legislative business except
that for which they are especially convened, or such other
legislative business as the Governor may call to the attention of the
Legislature while in session, except by the unanimous consent of
both houses.

Section 9.
He shall communicate by message to the Legislature at each
regular session the condition of the State, and recommend such
measures as he may deem expedient.

Section 10.
In case of a disagreement between the two houses with respect to
the time of adjournment, the Governor shall have power to adjourn
the Legislature to such time as he may think proper, provided it is
not beyond the time fixed for the meeting of the next Legislature.










Section 11.
The Governor shall have power to suspend the collection of fines
and forfeitures, and grant reprieves for a period not exceeding sixty
days, dating from the time of conviction, for all offenses, except in
cases of impeachment. Upon conviction for treason he shall have
power to suspend the execution of sentence until the case shall be
reported to the Legislature at its next session, when the Legislature
shall either pardon, direct the execution of the sentence, or grant a
further reprieve; and if the Legislature shall fail or refuse to make
final disposition of such case, the sentence shall be enforced at
such time and place as the Governor may by his order direct. The
Governor shall communicate to the Legislature, at the beginning of
every session, every case of fine or forfeiture remitted or reprieved,
pardon or commutation granted, stating the name of the convict,
the crime for which he was convicted, the sentence, its date, and
the date of its remission, commutation, pardon, or reprieve.

Section 12.
The Governor, Justices of the Supreme Court, and Attorney
General, or a major part of them, of whom the Governor shall be
one, may, upon such conditions and with such limitations and
restrictions as they may deem proper, remit fines and forfeitures,
commute punishment, and grant pardons after conviction, in all
cases, except treason and impeachment, subject to such
regulations as may be provided by law relative to the manner of
applying for pardons.

Section 13.
All grants and commissions shall be in the name, and under the
authority of the State of Florida, sealed by the great seal of the
State, signed by the Governor, and countersigned by the Secretary
of State.

Section 14.
A Lieutenant Governor shall be elected at the same time and
places, and in the same manner as the Governor, whose term of
office and eligibility shall also be the same. He shall be the
President of the Senate, but shall only have a casting vote therein.
If, during a vacancy of the office of Governor, the Lieutenant
Governor shall be impeached, displaced, resign, die, or become
incapable of performing the duties of his office, or be absent from
the State, the President pro tem of the Senate shall act as
Governor until the office be filled or the disability cease.










Section 15.
In the case of the impeachment of the Governor, or his removal
from office, death, inability to discharge his official duties, or
resignation, the power and duties of the office shall devolve upon
the Lieutenant Governor for the residue of the term, or until the
disability shall cease; but the Governor shall not, without the
consent of the Legislature, be out of the State in time of war.

Section 16.
The Governor may at any time require the opinion of the justices of
the Supreme Court as to the interpretation of any portion of this
Constitution, or upon any point of law, and the Supreme Court shall
render such opinion in writing.

Section 17.
The Governor shall be assisted by a Cabinet of administrative
officers, consisting of a Secretary of State, Attorney General,
Comptroller, Treasurer, Surveyor General, Superintendent of Public
Instruction, Adjutant General, and Commissioner of Immigration.
Such officers shall be appointed by the Governor and confirmed by
the Senate, and shall hold their offices the same time as the
Governor, or until their successors shall be qualified.

Section 18.
The Governor shall, by and with the consent of the Senate, appoint
all commissioned officers of the State militia.

Section 19.
The Governor shall appoint, by and with the consent of the Senate,
in each county an assessor of taxes and a collector of revenue,
whose duties shall be prescribed by law, and who shall hold their
offices for two years, and be subject to removal upon the
recommendation of the Governor and consent of the Senate. The
Governor shall appoint in each county a county treasurer, county
surveyor, superintendent of common schools, and five county
commissioners, each of whom shall hold his office for two years,
and the duties of each shall be prescribed by law. Such officers
shall be subject to removal by the Governor when in his judgment
the public welfare will be advanced thereby; Provided, No officer
shall be removed except for wilful neglect of duty, or a violation of
the criminal laws of the State, or for incompetency.










Section 20.
The Governor and Cabinet shall constitute a Board of
Commissioners of State Institutions, which board shall have
supervision of all matters connected therewith, in such manner as
shall be prescribed by law.

Section 21.
The Governor shall have power, in cases of insurrection or
rebellion, to suspend the writ of habeas corpus
within the State.


ARTICLE VI.
Judicial Department.

Section 1.
The judicial power of the State shall be vested in a Supreme Court,
circuit courts, county courts, and justices of the peace.

Section 2.
The style of all process shall be, "The State of Florida," and all
prosecutions shall be conducted in the name and by the authority of
the same.

Section 3.
The Supreme Court shall consist of a chief justice and two
associate justices, who shall hold their offices for life or during good
behavior. They shall be appointed by the Governor and confirmed
by the Senate.

Section 4.
The majority of the justices of the Supreme Court shall constitute a
quorum for the transaction of all business. The Supreme Court shall
hold three terms each year at the Supreme Court room at the seat
of government. Such terms shall commence on the second
Tuesday of October, January, and April respectively.

Section 5.
The Supreme Court shall have appellate jurisdiction in all cases in
equity, also in all cases of law in which is involved the title to or
right of possession of real estate, or the legality of any tax, impost,
assessment, toll, or municipal fine, or in which the demand or the
value of the property in controversy exceeds three hundred dollars;
also in all other civil cases not included in the general subdivisions










of law and equity; also in all questions of law alone; in all criminal
cases in which the offense charged amounts to felony. The court
shall have power to issue writs of mandamus, certiorari, prohibition,
quo warrant, habeas corpus, and also all writs necessary or
proper to the complete exercise of its appellate jurisdiction. Each of
the justices shall have the power to issue writs of habeas corpus to
any part of the State upon petition by or on behalf of any person
held in actual custody, and may make such writs returnable before
himself or the Supreme Court, or before any circuit court in the
State, or before any judge of said courts.

Section 6.
The Supreme Court shall appoint a clerk of the Supreme Court,
who shall have his office at the Capitol, and shall be librarian of the
Supreme Court library; he shall hold his office until his successor is
appointed and qualified.

Section 7.
There shall be seven circuit judges appointed by the Governor and
confirmed by the Senate, who shall hold their office for eight years.
The State shall be divided into seven judicial districts, the limits of
which are defined in this Constitution, and one judge shall be
assigned to each circuit. Such judge shall hold two terms of his
court in each county within his circuit, each year, at such times and
places as shall be prescribed by law. The chief justice may in his
discretion order a temporary exchange of circuits by the respective
judges, or any judge, to hold one or more terms in any other circuit
than that to which he is assigned. The judge shall reside in the
circuit to which he is assigned.

Section 8.
The circuit courts in the several judicial circuits shall have original
jurisdiction in all cases of equity, also in all cases at law which
involve the title or the right of possession to, or the possession of,
or the boundaries of real property; of the legality of any tax, impost,
assessment, toll, or municipal fine, and in all other cases in which
the demand or the value of property in controversy exceeds three
hundred dollars, and of the action of forcible entry and unlawful
detainer, and also in all criminal cases amounting to felony. They
shall have final appellate jurisdiction in all civil cases arising in the
county court in which the amount in controversy is one hundred
dollars and upwards, and in all cases of misdemeanor. The circuit
courts and the judges thereof shall have power to issue writs of
mandamus, injunction, quo warrant, certiorari, and all other writs










proper and necessary to the complete exercise of their jurisdiction,
and also shall have power to issue writs of habeas corpus on
petition by or on behalf of any person held in actual custody in their
respective circuits.

Section 9.
There shall be a county court organized in each county. The
Governor shall appoint a county judge for each county, who shall
be confirmed by the Senate, and such judge shall hold his office for
four years from the date of his commission, or until his successor is
appointed and qualified.

Section 10.
The county court shall be a court of Oyer and Terminer.

Section 11.
The county court shall have jurisdiction of all misdemeanors and all
civil cases where the amount in controversy does not exceed three
hundred dollars; and its jurisdiction shall be final in all civil cases
where the amount in controversy does not exceed one hundred
dollars; but in no case shall the county court have jurisdiction when
the title or boundaries of real estate is in controversy, or where the
jurisdiction will conflict with that of the several courts of record; but
they may have co-extensive jurisdiction with the circuit courts in
cases of forcible entry and unlawful detention of real estate, subject
to appeal to the circuit court. The county court shall have full
surrogate or probate powers, but subject to appeal. Provision shall
be made by law for all other powers, duties, and responsibilities of
the county courts and judges. There shall be a regular trial term of
the county courts six times in each year, at such times and places
as may be prescribed by law.

Section 12.
Grand and petit jurors shall be taken from the registered voters of
the respective counties.

Section 13.
In all trials, civil and criminal, in the circuit and county courts, the
evidence shall be reduced to writing by the clerk of the court or his
deputy, under the control of the court; and every witness, after his
examination shall have closed, shall be at liberty to correct the
evidence he has given, and afterward shall sign the same; such
evidence shall be filed in the office of the clerk with the papers in
the case.











Section 14.
All pleas shall be sworn to either by the parties or their attorneys.

Section 15.
The Governor shall appoint as many justices of the peace as he
may deem necessary. Justices of the peace shall have criminal
jurisdiction and civil jurisdiction not to exceed fifty dollars; but this
shall not extend to the trial of any person for misdemeanor or crime.
The duties of justices of the peace shall be fixed by law. Justices of
the peace shall hold their offices during good behavior, subject to
removal by the Governor at his own discretion.

Section 16.
The Legislature may establish courts for municipal purposes only,
in incorporated towns and cities. All laws for the organization or
government of municipal courts shall be general in their provisions,
and be equally applicable to the municipal courts of all incorporated
towns and cities.

Section 17.
Any civil cause may be tried before a practicing attorney as referee,
upon the application of the parties, and an order from the court in
whose jurisdiction the case may be, authorizing such trial and
appointing such referee. Such referee shall keep a complete
record of the case, including the evidence taken, and such record
shall be filed with the papers in the case in the office of the clerk,
and such cause shall be subject to an appeal in the manner
prescribed by law.

Section 18.
No other courts than those herein specified shall be organized in
this State.

Section 19.
The Governor, by and with the advice and consent of the Senate,
shall appoint a State Attorney in each judicial circuit, whose duties
shall be prescribed by law. He shall hold office for four years from
the date of his commission, and until his successor shall be
appointed and qualified. The Governor, by and with the advice and
consent of the Senate, shall appoint in each county a sheriff and a
clerk of the circuit court, who shall also be clerk of the county court
and of the board of county commissioners, recorder, and ex officio










auditor of the county, each of whom shall hold his office for four
years. Their duties shall be prescribed by law.

Section 20.
A constable shall be elected by the registered voters in each county
for every (200) two hundred registered voters; but each county shall
be entitled to at least two constables, and no county shall have
more than twelve constables. They shall perform such duties, and
under such instructions, as shall be prescribed by law.

Section 21.
Attorneys at law, who have been admitted to practice in any court
of record in any State of the Union, or to any United States Court,
shall be admitted to practice in any court of this State, on producing
evidence of having been so admitted.


ARTICLE VII.
Administrative Department.

Section 1.
There shall be a cabinet of administrative officers, consisting of a
Secretary of State, Attorney General, Comptroller, Treasurer,
Surveyor General, Superintendent of Public Instruction, Adjutant
General, and Commissioner of Immigration, who shall assist the
Governor in the performance of his duties.

Section 2.
The Secretary of State shall keep the records of official acts of the
Legislative and Executive departments of the Government, and
shall, when required, lay the same, and all matters relative thereto,
before either branch of the Legislature, and shall be the custodian
of the Great Seal of the State.

Section 3.
The Attorney General shall be the legal adviser of the Governor,
and each of the cabinet officers, and shall perform such other legal
duties as the Governor may direct, or as may be provided by law.
He shall be reporter for the Supreme Court.

Section 4.
The Treasurer shall receive and keep all funds, bonds, or other
securities, in such manner as may be provided by law, and shall
disburse no funds, bonds, or other securities, except upon the order










of the Comptroller, countersigned by the Governor, in such manner
as shall be prescribed by law.

Section 5.
The duties of the Comptroller shall be prescribed by law.

Section 6.
The Surveyor General shall have the administrative supervision of
all matters pertaining to the public lands, under such regulations as
shall be prescribed by law.

Section 7.
The Superintendent of Public Instruction shall have the
administrative supervision of all matters pertaining to public
instruction; the supervision of buildings devoted to educational
purposes, and the libraries belonging to the university and common
schools. He shall organize a historical bureau for the purposes of
accumulating such matter and information as may be necessary for
compiling and perfecting the history of the State. He shall also
establish a cabinet of minerals and other natural productions.

Section 8.
The Adjutant General shall, under the orders of the Governor, have
the administrative supervision of the military department, and the
supervision of the State prison, and of the quarantine of the coast,
in such manner as shall be prescribed by law.

Section 9.
The Commissioner of Immigration shall organize a Bureau of
Immigration, for the purposes of furnishing information, and for the
encouragement of immigration. The office of Commissioner of
Immigration shall expire at the end of fifteen years from the
ratification of this Constitution, but the Legislature shall have the
power to continue it by law.

Section 10.
Each officer of the Cabinet shall make a full report of his official
acts, of the receipts and expenditures of his office, and of the
requirements of the same, to the Governor at the beginning of each
regular session of the Legislature, or whenever the Governor shall
require it. Such reports shall be laid before the Legislature by the
Governor at the beginning of each regular session thereof. Either
House of the Legislature may at any time call upon any Cabinet
Officer for any information required by it.












ARTICLE VIII.
Education

Section 1.
It is the paramount duty of the State to make ample provision for
the education of all the children residing within its borders, without
distinction or preference.

Section 2.
The Legislature shall provide a uniform system of Common
Schools, and a University, and shall provide for the liberal
maintenance of the same. Instruction in them shall be free.

Section 3.
There shall be a Superintendent of Public Instruction, whose term
of office shall be four years and until the appointment and
qualification of his successor. He shall have general supervision of
the educational interest of the State. His duties shall be prescribed
by law.

Section 4.
The Common School Fund, the interest of which shall be
exclusively applied to the support and maintenance of Common
Schools and purchase of suitable libraries and apparatus therefore,
shall be derived from the following sources: The proceeds of all
lands that have been or may hereafter be granted to the State by
the United States for educational purposes; donations by
individuals for educational purposes; appropriations by the State;
the proceeds of lands or other property which may accrue to the
State by escheat or forfeiture; the proceeds of all property granted
to the State, when the purpose of such grant shall not be specified;
all monies which may be paid as an exemption from military duty;
all fines collected under the penal laws of this State; such portion of
the per capital tax as may be prescribed by law for educational
purposes; twenty-five per centum of the sales of public lands which
are now or may hereafter be owned by the State.

Section 5.
A special tax of not less than one mill on the dollar of all taxable
property in the State, in addition to the other means provided, shall
be levied and apportioned annually for the support and
maintenance of common schools.











Section 6.
The principal of the Common School Fund shall remain sacred and
inviolate.

Section 7.
Provision shall be made by law for the distribution of the Common
School Fund among the several counties of the State in proportion
to the number of children residing therein between the ages of four
and twenty-one years.

Section 8.
Each county shall be required to raise annually by tax, for the
support of common schools therein, a sum not less than one-half of
the amount apportioned to each county for that year from the
income of the Common School Fund. Any school district neglecting
to establish and maintain for at least three months in each year
such school or schools as may be provided by law for such district
shall forfeit its portion of the Common School Fund during such
neglect.

Section 9.
The Superintendent of Public Instruction, Secretary of State, and
Attorney General shall constitute a body corporate, to be known as
the Board of Education of Florida. The Superintendent of Public
Instruction shall be president thereof. The duties of the Board of
Education shall be prescribed by the Legislature.


ARTICLE IX.
Homestead.

Section 1.
A homestead to the extent of one hundred and sixty acres of land,
or the half of one acre within the limits of any incorporated city or
town, owned by the head of a family residing in this State, together
with one thousand dollars worth of personal property, and the
improvements on the real estate, shall be exempted from forced
sale under any process of law, and the real estate shall not be
alienable without the joint consent of husband and wife, when that
relation exists. But no property shall be exempt from sale for taxes,
or for the payment of obligations constructed for the purchase of
said premises, or for the erection of improvements thereon, or for
house, field, or other labor performed on the same. The exemption










herein provided for in a city or town shall not extend to more
improvements or buildings than the residence and business house
of the owner.

Section 2.
In addition to the exemption provided for in the first section of this
article, there shall be and remain exempt from sale by any legal
process in this State, to the head of a family residing in this State,
such property as he or she may select, to the amount of one
thousand dollars; said exemption in this section shall only prevent
the sale of property in cases where the debt was contracted, liability
incurred, or judgment obtained before the 10th day of May, A. D.
1865. Nothing herein contained shall be so construed as to exempt
any property from sale for the payment of the purchase money of
the same, or for the payment of taxes or labor.

Section 3.
The exemptions provided for in sections 1 and 2 of this article, shall
accrue to the heirs of the party having enjoyed or taken the benefit
of such exemption, and the exemption provided for in section 1 of
this article shall apply to all debts, except as specified in said
section, no matter when or where the debt was contracted, or
liability incurred.


ARTICLE X.
Public Institutions.

Section 1.
Institutions for the benefit of the insane, blind, and deaf, and such
other benevolent institutions as the public good may require, shall
be fostered and supported by the State, subject to such regulations
as may be provided by law.

Section 2.
A State Prison shall be established and maintained in such a
manner as may be fixed by law. Provision may be made by law for
the establishment and maintenance of a House of Refuge for
juvenile offenders, and the Legislature shall have power to
establish a Home and Workhouse for common vagrants.

Section 3.
The respective counties of the State shall provide in the manner
fixed by law for those of the inhabitants who by reason of age,










infirmity, or misfortune may have claims upon the aid and sympathy
of society.


ARTICLE XI.
Militia.

Section 1.
All able-bodied male inhabitants of the State between the ages of
eighteen and forty-five years, who are citizens of the United States
or have declared their intention to become citizens thereof, shall
constitute the Militia of the State; but no male citizen of whatever
religious creed or opinion shall be exempt from military duty, except
upon such conditions as may be prescribed by law.

Section 2.
The Legislature shall provide by law for organizing and disciplining
the Militia of the State, for the encouragement of volunteer corps,
the safe keeping of the public arms, and for a guard for the state
prison.

Section 3.
The Adjutant General shall have the grade of Major General. The
Governor, by and with the consent of the Senate, shall appoint two
Major Generals and four Brigadier Generals of Militia. They shall
take rank according to the date of their commissions. The officers
and soldiers of the State Militia, when uniformed, shall wear the
uniform prescribed for the U. S. Army.

Section 4.
The Governor shall have power to call out the Militia, to preserve
the public peace, to execute the laws of the State, to suppress
insurrection or repel invasion.


ARTICLE XII.
Taxation and Finance

Section 1.
The Legislature shall provide for a uniform and equal rate of
taxation, and shall prescribe such regulations as shall secure a just
valuation of all property both real and personal, excepting such
property as may be exempted by law for municipal, educational,
literary, scientific, religious, or charitable purposes.











Section 2.
The Legislature shall provide for raising revenue sufficient to defray
the expenses of the State for each fiscal year, and also a sufficient
sum to pay the principal and interest of the existing indebtedness of
the State.

Section 3.
No tax shall be levied except in pursuance of law.

Section 4.
No monies shall be drawn from the Treasury except in pursuance
of appropriation made by law.

Section 5.
An accurate statement of the receipts and expenditures of the
public monies shall be published with the laws of each regular
session of the Legislature.

Section 6.
The Legislature shall authorize the several counties and
incorporated towns in the State to impose taxes for county and
corporation purposes, and for no other purpose, and all property
shall be taxed upon the principle established for State taxation. The
Legislature may also provide for levying a special capitation tax and
tax on licenses. But the capitation tax shall not exceed one dollar
per annum for all purposes, either for State, county, or municipal
taxes.

Section 7.
The Legislature shall have power to provide for issuing State bonds
bearing interest, for securing the debt [of this State,] and for the
erection of State buildings, support of State institutions, and
perfecting public works.

Section 8.
No tax shall be levied upon persons for the benefit of any chartered
company of the State, or for paying the interest on any bonds
issued by said chartered companies, or by counties or by
corporations, for the above-mentioned purposes.










ARTICLE XIII.
Census and Apportionment

Section 1.
The Legislature shall, in the year one thousand eight hundred and
seventy-five, and every tenth year thereafter, cause an
enumeration to be made of all the inhabitants of the State; and they
shall then proceed to apportion the representation among the
different counties, giving to each county one Representative at
large, and one additional to every one thousand registered voters
therein, but no county shall be entitled to more than four
Representatives. The Legislature shall also, after every such
enumeration, proceed to fix by law the number of Senators which
shall constitute the Senate of Florida, and which shall never be less
than one-fourth nor more than one-half of the whole number of the
Assembly.

Section 2.
When any Senatorial district shall be composed of two or more
counties, the counties of which such district consists shall not be
entirely separated by any county belonging to another district, and
all counties shall remain as now organized, unless changed by a
two-thirds vote of both Houses of the Legislature.


ARTICLE XIV.
Suffrage and Eligibility.

Section 1.
Every male person of the age of twenty-one years and upwards, of
whatever race, color, nationality, or previous condition, who shall, at
the time of offering to vote, be a citizen of the United States, or who
shall have declared his intention to become such in conformity to
the laws of the United States, and who shall have resided and had
his habitation, domicil, home, and place of permanent abode in
Florida for one year, and in the county for six months, next
preceding the election at which he shall offer to vote, shall in such
county be deemed a qualified elector at all elections under this
Constitution. Every elector shall at the time of his registration take
and subscribe to the following oath:

I, do solemnly swear that I will support,
protect, and defend the Consltitutin and Government
of the United States, and the Consltitutin and










Government of the State ofFlorida, agaiiinl all
enemies, foreign or cdhlnmeti; that I will bear true
faith, loyalty, and allegiance to the same, any
ordinances or resolution of any State Convention or
Legislature to the contrary notwithstanding. So help
me God.

Section 2.
No person under guardianship no compos mentis, or insane, shall
be qualified to vote at any election, nor shall any person convicted
of felony be qualified to vote at any election unless restored to civil
rights.

Section 3.
At any election at which a citizen or subject of any foreign country
shall offer to vote, under the provisions of this Constitution, he shall
present to the persons lawfully authorized to conduct and supervise
such elections, a duly sealed and certified copy of his declaration of
intention, otherwise he shall not be allowed to vote; and any
naturalized citizen offering to vote, shall produce before said
persons lawfully authorized to conduct and supervise the election,
the certificate of naturalization, or a duly sealed and certified copy
thereof; otherwise he shall not be permitted to vote.

Section 4.
The Legislature shall have power and shall enact the necessary
laws to exclude from every office of honor, power, trust, or profit,
civil or military, within the State, and from the right of suffrage, all
persons convicted of bribery, perjury, larceny, or of infamous crime,
or who shall make or become, directly or indirectly, interested in
any bet or wager, the result of which shall depend upon any
election; or who shall hereafter fight a duel, or send or accept a
challenge to fight, or who shall be a second to either party, or be
the bearer of such challenge or acceptance; but the legal disability
shall not accrue until after trial and conviction by due form of law.

Section 5.
In all elections by the Legislature the vote shall be viva voce, and in
all elections by the people the vote shall be by ballot.

Section 6.
The Legislature, at its first session after the ratification of this
Constitution, shall by law provide for the registration, by the Clerk of










the Circuit Court in each county, of all the legally qualified voters in
such county, and for the returns of elections; and shall also provide
that after the completion, from time to time, of such registration, no
person not duly registered according to law shall be allowed to
vote.

Section 7.
The Legislature shall enact laws requiring educational qualifications
for electors after the year one thousand eight hundred and eighty,
but no such laws shall be made applicable to any elector who may
have registered or voted at any election previous thereto.


ARTICLE XV.
Schedule.

Section 1.
That all ordinances and resolutions heretofore passed by any
Convention of the people, and all acts and resolutions of the
Legislature conflicting or inconsistent with the Constitution of the
United States and the statutes thereof, and with this Constitution,
and in derogation of the existence or position of this State as one of
the States of the United States of America, are hereby declared null
and void, and of no effect.

Section 2.
That all acts and resolutions of the General Assembly, and all
official acts of the civil officers of the State, not inconsistent with the
provisions of the Constitution and statutes of the United States or
with this Constitution, or with any ordinance or resolution adopted
by this Convention, and which have not been, and are not by this
Constitution annulled, are in force, and shall be considered and
esteemed as the laws of the State until such acts or resolutions
shall be repealed by the Legislature of the State or this Convention.

Section 3.
All laws of the State passed by the so-called General Assembly
since the 10th day of January, A. D. 1861, not conflicting with the
word or spirit of the Constitution and laws of the United States, or
with this Constitution, shall be valid. All writs, acts, proceedings,
judgments, and decrees of the so-called courts of the State, where
actual service was made on the defendant, all executions and sales
made thereunder, and all acts, orders and proceedings of the
judges of probate, and of executors, administrators, guardians, and










trustees, provided they were in conformity with the laws then in
force, and did not conflict with the Constitution and laws of the
United States and this Constitution, shall be valid; the sales of the
property or effects of deceased persons shall not prevent the widow
from claiming said property in kind, in whosoever hands the same
may be found, when the sale had not been made for the purpose of
paying the debts of the deceased, and where other than lawful
money in the United States was obtained for said property. Nothing
herein contained shall be so construed as to make any one who, as
an officer of any court, or who acted under the authority of any
court, individually liable, provided they acted strictly in accordance
with what was then considered the law of the State, and not
conflicting with the Constitution and laws of the United States. All
fines, penalties, forfeitures, obligations, and escheats heretofore
accruing to the State of Florida shall continue to accrue to the use
of the State. All recognizances heretofore taken shall remain valid,
and all bonds executed to the Governor of the State of Florida,
either before or since the 10th day of January, A. D. 1861, or to any
other officer of the State in his official capacity, shall be of full force
and virtue, for the uses therein respectively expressed, and may be
sued for and recovered accordingly, unless they were contrary to
the laws of the United States or to this Constitution, or to any
ordinance or resolution adopted by this Convention; also all criminal
prosecutions which have arisen may be prosecuted to judgment
and execution in the name of the State. All actions at law or suits in
chancery, or any proceedings pending in the courts of this State,
either prior to or subsequent to the 10th day of January, A. D. 1861,
shall continue in all respects valid, and may be prosecuted to
judgment and decree. All judgments and decrees rendered in civil
causes in any of the courts of the State during the period of time
above specified, are hereby declared of full force, validity, and
effect; Provided that unless otherwise provided in this Constitution,
the statute of limitation shall not be pleaded upon any claim in the
hands of any person for the period of time between the 10th day of
January, A. D. 1861, and the 25th day of October, A. D. 1865,
whether proceedings at law had been commenced before the 25th
day of October, 1865, or not; Provided, further, that all claims of
widows, minors, and decedents which were not barred by the
statutes of this State on the 10th day of January, A. D. 1861, shall
be considered good and valid for the period of two years from the
ratification of this Constitution.










Section 4.
That State treasury notes, all bonds issued, and all other liabilities
contracted by the State of Florida or any county or city thereof, on
and after the 10th day of January, A. D. 1861, and before the 25th
day of October, A. D. 1865, except such liabilities as may be due to
the seminary or school fund, be and are declared null and void, and
the Legislature shall have no power to provide for the payment of
the same or any part thereof; but this shall not be construed so as
to invalidate any authorized liabilities of the State contracted prior to
the 10th day of January, A. D. 1861, or subsequent to the 25th day
of October, A. D. 1865.

Section 5.
No money shall ever be appropriated by this state to reimburse
purchasers of United States land who purchased the same of the
State of Florida.

Section 6.
All proceedings, decisions, or actions accomplished by civil or
military officers acting under authority of the United States
subsequent to the 10th day of January, A. D. 1861, and prior to the
final restoration of the State to the government of the United States,
are hereby declared valid, and shall not be subject to adjudication
in the courts of this State, nor shall any person acting in the
capacity of a soldier or officer of the United States, civil or military,
be subject to arrest for any act performed by him pursuant to
authorized instructions from his superior officers during the period
of time above designated.

Section 7.
That in all cases where judgments have been obtained against
citizens of the State after the tenth day of January, eighteen
hundred and sixty-one, and previous to the twenty-fifth day of
October, eighteen hundred and sixty-five, and where actual service
was not made on the person of any defendant, such defendant not
served with process may appear in court within one year after the
adoption of this Constitution, and make oath that injustice has been
done, and that he or she has a good and valid defense, stating the
defense, and upon making such oath and filing said defense the
proceedings on the judgment shall cease until the defense is heard.










ARTICLE XVI.
Miscellaneous.

Section 1.
Any person debarred from holding office in the State of Florida by
the third section of the fourteenth Article of the proposed
amendment to the Constitution of the United States, which is as
follows: "No person shall be a Senator or Representative in
Congress, or elector of President or Vice President, or hold any
office, civil or military, under the United States or under any State,
who, having previously taken an oath as a member of Congress, or
as an officer of the United States, or as a member of any State
Legislature, or as an executive or judicial officer of any State, to
support the Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid and comfort
to the enemies thereof. But Congress may, by a vote of two-thirds
[of each House,] remove such disability," is hereby debarred from
holding office in this State; Provided that whenever such disability
from holding office shall be removed from any person by the
Congress of the United States, the removal of such disability shall
also apply to this State, and such person shall be restored in all
respects to the rights of citizenship as herein provided for electors.

Section 2.
Any person elected to the Senate of the United States by the
Legislature of this State, or any person elected by the people, or
appointed to office by the Governor of the State, or by any officer of
the State, under the provisions of the Constitution adopted by the
Convention of the people convened on the 25th day of October, A.
D. 1865, shall not be empowered to hold such office after the same
position or office shall have been filled by election or appointment
under the provisions of this Constitution; Provided that all officers
holding office under the provisions of the Constitution adopted the
25th day of October, A. D. 1865, and not provided for in this
Constitution, shall continue to hold their respective offices, and
discharge the duties thereof, until the Governor shall, by his
proclamation, declare such offices vacant.

Section 3.
The several Judicial Circuits of the Circuit Courts shall be as
follows: The First Judicial Circuit shall be composed of the counties
of Escambia, Santa Rosa, Walton, Holmes, Washington, and
Jackson; the Second Judicial Circuit shall be composed of the
counties of Gadsden, Liberty, Calhoun, Franklin, Leon, Wakulla,










and Jefferson; the Third Judicial Circuit shall be composed of the
counties of Madison, Taylor, Lafayette, Hamilton, Suwannee, and
Columbia; the Fourth Judicial Circuit shall be composed of the
counties of Nassau, Duval, Baker, Bradford, Clay, and St. Johns;
the Fifth Judicial Circuit shall be composed of the counties of
Putnam, Alachua, Levy, Marion, and Sumter; the Sixth Judicial
Circuit shall be composed of the counties of Hernando,
Hillsborough, Manatee, Polk, and Monroe; the Seventh Judicial
Circuit shall be composed of the counties of Volusia, Brevard,
Orange, and Dade.

Section 4.
The salary of the Governor of the State shall be five thousand
dollars per annum; that of the Chief Justice shall be four thousand
five hundred dollars; that of each Associate Justice shall be four
thousand dollars; that of each Judge of the Circuit Court shall be
three thousand five hundred dollars; that of the Lieutenant
Governor shall be two thousand five hundred dollars; that of each
Cabinet Officer shall be three thousand dollars. The pay of the
members of the Senate and House of Representatives shall be five
hundred dollars per annum, and in addition thereto ten cents per
mile for each mile travelled from their respective places of
residence to the Capital, and the same to return. But such
distances shall be estimated by the shortest general thoroughfare.
All other officers of the State shall be paid by fees or per diem fixed
by law.

Section 5.
The Legislature shall appropriate two thousand dollars each year
for the purchase of such books for the Supreme Court Library as
the said Court shall direct.

Section 6.
The salary of each officer shall be payable quarterly upon his own
requisition.

Section 7.
The tribe of Indians located in the southern portion of the State, and
known as the Seminole Indians, shall be entitled to one member in
each House of the Legislature. Such member shall have all the
rights, privileges, and remuneration as other members of the
Legislature. Such members shall be elected by the members of
their tribe, in the manner prescribed for all elections by this
Constitution. The tribe shall be represented only by a member of










the same, and in no case by a white man; Provided that the
Representatives of the Seminole Indians shall not be a bar to the
representation of any county by the citizens thereof.

Section 8.
The Legislature may, at any time, impose such tax on the Indians
as it may deem proper; and such imposition of tax shall constitute
the Indians citizens, and they shall then forward be entitled to all
the privileges of other citizens, and thereafter be barred of special
representation.

Section 9.
In addition to other crimes and misdemeanors, for which an officer
may be impeached and tried, shall be included drunkenness and
other dissipations. Incompetency, malfeasance in office, gambling,
or any conduct detrimental to good morals, shall be considered
sufficient cause for impeachment and conviction. Any officer when
impeached by the Assembly shall be deemed under arrest, and
shall be disqualified from performing any of the duties of his office
until acquittal by the Senate. But any officer so impeached and in
arrest may demand his trial by the Senate within one year from the
date of his impeachment.

Section 10.
The following shall be the oath of office for each officer in the State,
including members of the Legislature:

"I do solemnly swear that I will support, protect, and
defend the Conltilltion and government of the United
States, and of the State of Florida, against all
enemies, domestic or foreign, and that I will bear true
faith, loyalty, and allegiance to the same, and that I
am entitled to hold office under this cunlilu\tiin. That
I will well and faithfully perform all the duties of the
office of on which I am about to enter.
So help me God.

Section 11.
The Legislature may provide for the donation of the public lands to
actual settlers. But such donation shall not exceed one hundred
and sixty acres to any one person.










Section 12.
All county officers shall hold their respective offices at the county
seats of their counties.

Section 13.
The Legislature shall provide for the speedy publication of all
statutes and laws of a general nature. All decisions of the Supreme
Court, and all laws and judicial decisions shall be free for
publication by any person. But no judgment of the Supreme Court
shall take effect and be operative until the opinion of the court in
such case shall be filed with the clerk of said court.

Section 14.
The Legislature shall not create any office, the term of which shall
be longer than four years.

Section 15.
The Governor, Cabinet, and Supreme Court shall keep their offices
at the seat of government. But in case of invasion or violent
epidemics, the Governor may direct that the offices of the
government shall be removed temporarily to some other place. The
session of the Legislature may be adjourned for the same cause to
some other place; but in such case of removal all the departments
of the government shall be removed to one place. But such removal
shall not continue longer than the necessity for the same shall
continue.

Section 16.
A plurality of votes given at any election by the people shall
constitute a choice when not otherwise provided by this
Constitution.

Section 17.
The term of the State officers elected at the first election under this
Constitution, not otherwise provided for, shall continue until the first
Tuesday of January, A. D. 1873, and until the installation of their
successors, excepting the members of the Legislature.

Section 18.
Each county and incorporated city shall make provision for the
support of its own officers, subject to such regulations as may be
prescribed by law. Each county shall make provision for building a
court house and jail, and for keeping the same in good repair.










Section 19.
If, at the meeting of the senate at any session, the Lieutenant
Governor has not been qualified or is not present, the Senate shall
elect one of its members as temporary President before proceeding
to other business.

Section 20.
The Legislature shall, at the first session, adopt a seal for the State,
and such seal shall be of the size of the American silver dollar. But
said seal shall not again be changed after its adoption by the
Legislature; and the Governor shall, by his proclamation, announce
that said seal has become the Great Seal of the State.

Section 21.
The Governor, Lieutenant Governor, and all the State officers
elected by the people, shall be installed on the first day of the
meeting of the Legislature, and immediately assume the duties of
their respective offices.

Section 22.
The Governor and Lieutenant Governor, shall have been, before
their election to office, nine years citizens of the United States, and
three years citizens of the State. All other officers shall have been
one year citizens of the State, and six months citizens of the county
from which they are elected or appointed. No person shall be
eligible to any office unless he be a registered voter.

Section 23.
The Governor, or any State officer, is hereby prohibited from giving
certificates of election or other credentials to any person as having
been elected to the House of Representatives of the United States
Congress, or the United States Senate who has not been two years
a citizen of the State, and nine years a citizen of the United States,
and a registered voter.

Section 24.
The property of all corporations, whether heretofore or hereafter
incorporated, shall be subject to taxation, unless such corporation
be for religious, educational, or charitable purposes.

Section 25.
All bills, bonds, notes, or evidences of debt, outstanding and
unpaid, given for or in consideration of bonds or treasury notes of
the so-called Confederate States, or notes and bonds of this State,










paid and redeemable in the bonds or notes of the Confederate
States, are hereby declared null and void, and no action shall be
maintained thereon in the courts of this State.

Section 26.
It shall be the duty of the courts to consider that there is a failure of
consideration, and it shall be so held by the courts of this State,
upon all deeds or bills of sale given for slaves, with covenant or
warranty of title or soundness, or both upon all bills, bonds, notes,
or other evidences of debt, given for or in consideration of slaves,
which are now outstanding and unpaid, and no action shall be
maintained thereon; and all judgments and decrees rendered in any
of the courts of this State since the 10th day of January, A. D. 1861,
upon all deeds or bills of sale, or upon any bond, bill, note, or other
evidence of debt based upon the sale or purchase of slaves, are
hereby declared set aside, and the plea of failure of consideration
shall be held a good defense in all actions to said suit; and when
money was due previous to the 10th day of January, A. D. 1861,
and slaves were given in consideration for such money, these shall
be deemed a failure of consideration for the debt; Provided, that
settlements and compromises of such transactions made by the
parties thereto shall be respected.

Section 27.
All persons who, as alien enemies under the sequestration act of
the so-called Confederate Congress, and now resident of the State,
had property sequestered and sold by any person acting under a
law of the so-called Confederate States, in the State of Florida,
subsequent to the 10th day of January, A. D. 1861, and prior to the
first day of May, A. D. 1865, shall be empowered to file a bill in
equity in the Circuit Court of the State, and shall be entitled to
obtain judgment against the State for all damages sustained by
said sale and detention of property. The Court shall estimate the
damages upon the assessed valuation of the property in question in
the year A. D. 1860, with interest at six per cent. from the time the
owner was deprived of the same. But all judgments against the
State shall be paid only in certificates of indebtedness, redeemable
in State lands. Said certificates shall be issued by the Governor,
countersigned by the Secretary of State and by the Comptroller,
upon the decree of the court. Oral testimony shall be sufficient to
establish the fact of a sale having been made.










Section 28.
There shall be no civil or political distinction in this State on account
of race, color, or previous condition of servitude, and the
Legislature shall have no power to prohibit, by law, any class of
persons on account of race, color or previous condition of
servitude, to vote or hold any office, beyond the conditions
prescribed by this Constitution.

Section 29.
The apportionment for the Assembly shall be as follows: Escambia
two, Santa Rosa one, Walton one, Holmes one, Washington one,
Jackson three, Calhoun one, Gadsden two, Franklin one, Liberty
one, Wakulla one, Leon four, Jefferson three, Madison two, Taylor
one, Hamilton one, Suwannee one, Lafayette one, Alachua two,
Columbia two, Baker one, Bradford one, Nassau one, Duval two,
Clay one, St. Johns one, Putnam one, Marion two, Levy one,
Volusia one, Orange one, Brevard one, Dade one, Hillsborough
one, Hernando one, Sumter one, Polk one, Manatee one, and
Monroe one. There shall be twenty-four Senatorial districts, which
shall be as follows, and shall be known by their respective
numbers, from one to twenty-four inclusive:

The first Senatorial District shall be composed of Escambia county,
the second of Santa Rosa and Walton, the third of Jackson, the
fourth of Holmes and Washington, the fifth of Calhoun and Franklin,
the sixth of Gadsden, the seventh of Liberty and Wakulla, the
eighth of Leon, the ninth of Jefferson, the tenth of Madison, the
eleventh of Hamilton and Suwannee, the twelfth of Lafayette and
Taylor, the thirteenth of Alachua and Levy, the fourteenth of
Columbia, the fifteenth of Bradford and Clay, the sixteenth of Baker
and Nassau, the seventeenth of St. Johns and Putnam, the
eighteenth of Duval, the nineteenth of Marion, the twentieth of
Volusia and Orange, the twenty-first of Dade and Brevard, the
twenty-second of Hillsborough and Hernando, the twenty-third of
Sumter and Polk, the twenty-fourth of Manatee and Monroe, and
each Senatorial District shall be entitled to one Senator.

Section 30.
No person shall ever be appointed as a judge of the Supreme Court
or Circuit Court, who is not twenty-five years of age, and a
practicing attorney in this State.










Section 31.
The Legislature shall, as soon as convenient, adopt a State
Emblem having the design of the Great Seal of the State impressed
upon a white ground of six feet six inches fly and six feet deep.


ARTICLE XVII.
Amendments.

Section 1.
Any amendment or amendments to this Constitution may be
proposed in either branch of the Legislature, and if the same shall
be agreed upon by a two-thirds vote of all the members elected to
each of the two Houses, such proposed amendment or
amendments shall be entered on their respective journals, with the
yeas and nays thereon, and referred to the Legislature then next to
be chosen, and shall be published for three months next preceding
the time of making such choice, and if in the Legislature next
chosen, as aforesaid, such proposed amendment or amendments
shall be agreed to by a two-thirds vote of all the members elected
to each House, then it shall be the duty of the Legislature to submit
such proposed amendment or amendments to the people, in such
manner and at such time as the Legislature may prescribe, and if
the people shall approve and ratify such amendment or
amendments, by a majority of the electors qualified to vote for
members of the Legislature voting thereon, such amendment or
amendments shall become a part of the Constitution.

Section 2.
If at any time the Legislature, by a vote of a majority of all the
members elected to each of the two Houses, shall determine that it
is necessary to cause a revision of this entire Constitution, such
determination shall be entered upon their respective journals, with
the yeas and nays thereon, and referred to the Legislature then
next to be chosen, and shall be published for three months next
preceding the time of making such choice. And if in the Legislature
next chosen aforesaid, such proposed revision shall be agreed to
by a majority of all the members elected to each House, then it
shall be the duty of the Legislature to recommend to the electors of
the next election for members of the Legislature, to vote for or
against a Convention; and if it shall appear that a majority of the
electors, voting at such election, shall have voted in favor of calling
a Convention, the Legislature shall, at its next session, provide by
law for a Convention, to be holden within six months after the










passage of such law, and such Convention shall consist of a
number of members not less than both branches of the Legislature.
In determining what is a majority of the electors voting at such
election, reference shall be had to the highest number of votes cast
at such election for the candidates for any office or [on] any
question.







Signatures

Horatio Jenkins, Jr., President.

Sherman Conant, Secretary.

Done in open Convention. In witness whereof, we, the undersigned,
President of said Convention and delegates, present, representing
the people of the State of Florida, do hereby sign our names, this,
the twenty-fifth day of February, Anno Domini one thousand eight
hundred and sixty-eight, and of the independence of the United
States of America the ninety-second year and the Secretary of
said Convention doth countersign the same.

HORATIO JENKINS, Jr.,President.

Countersigned by Sherman Conant, Secretary.

Those signing the Constitution were:

Ossian B. Hart, L. C. Armistead, William Bradwell, E. Fortune, J. T.
Walls, Homer Bryan, N. C. Dennett, John W. Powell, John Wyatt,
A. G. Bass, Green Davidson, R. Meacham, Richard H. Wells, Jesse
H. Goss, J. E. Oates, Abram Chandler, Major Johnson, W. Rogers,
W. J. Purman, S. B. Conover, J. E. A. Davidson, Auburn Erwin, M.
L. Stearns, C. R. Mobley, Fred Hill, Jonathan C. Gibbs, J. W.
Childs, John W. Butler, Thos. Urquhart, George J. Alden, Andrew
Shuler, Lyman Rowley, David W. Mizell, John. L. Campbell,
Anthony Mills, Roland T. Rombauer, T. W. Osborn, W. R. Cone, 0.
B. Armstrong, B. M. McRae, John N. Krimminger, Samuel J.
Pearce, Wm. K. Cessna, Elbridge L. Ware.










Ordinances


No. 1
An Ordinance declaring
the Ordinance of Secession Null and Void.

Be it Ordained by the People of Florida, in Convention assembled,
That the Ordinance adopted by the Convention of the people
assembled on the 10th day of January, A. D. 1861, and known as
the Ordinance of Secession, is hereby declared null and void from
the beginning, and of no effect.

Passed in open Convention, February 21, A. D. 1868.
HORATIO JENKINS, JR., President
SHERMAN CONANT, Secretary.


No. 2
An Ordinance for the Relief of the People of Florida.

Be it Ordained by the People of Florida in Convention assembled,
That from and after the passage of this Ordinance it shall not be
lawful for any sheriff or other officer of the State to sell, under
execution or other legal process in the State, any property, real or
personal, and any sale so made shall be null and void. That the
collection of all taxes, State, county, and municipal, shall be
suspended; that all persons now in confinement for the non-
payment of taxes shall be forthwith released, and any State officer
refusing to release such persons now in confinement shall be guilty
of felony, and be subject to legal process and punishment
therefore. That all constitutional provisions, ordinances, statutes, or
parts of statutes, and all laws conflicting with the provision of this
Ordinance, are hereby suspended; but nothing in this Ordinance
shall be construed so as to prevent the return of property to its
rightful owner upon legal process; Provided, That this Ordinance, or
any provision therein, shall not prevent the collection of debts due
or to become due as wages for actual labor performed by any
house, field, or other laborer; that the Legislature shall be
empowered to alter, amend, or abolish this Ordinance in its
discretion.

Passed in open Convention, January 21, A. D. 1868.
HORATIO JENKINS, JR., President.
SHERMAN CONANT, Secretary.










No. 3
An Ordinance for the Compilation of all the Laws of England.

Be it Ordained by the People of the State of Florida in Convention
assembled, That the Governor elected under this Constitution is
authorized and directed to employ three men learned in the law,
and familiar with its practice, to make a complete and accurate
Digest of all the laws in Florida in force, of a general nature,
embracing the Territorial and State laws inclusive, of the Acts of the
Legislature previous to the work being submitted to the Governor
as hereinafter provided in this Ordinance. Such Digest shall be in
the form and upon the plan of "Brightley's Digest" of the Statutes of
the United States, and shall contain the Constitution of the United
States and of the State.

2d. Such board shall be directed to review the manuscript work
prepared by LESLIE A. THOMPSON, containing the Laws of
England, now in force in the State, and if such work shall be found
of sufficient value, said board shall correct or abbreviate the same
as they may deem proper.

3d. Said board shall be directed to edit all the reports of the
Supreme Court of the State since its organization; to prepare a full
index of the opinions of said Court, with such notes as may be
deemed necessary for the elucidation of the same; also [to] prepare
for publication, with the reports, the several Constitutions of the
State, and their respective amendments, under which the opinions
reported were made.

4th. Said board shall also be directed to compile all the local and
private acts and resolutions still in force.

5th. Said board shall be directed to prepare a code of practice for
the county courts, defining definitely the rules and power of said
courts; the mode and limitation of punishment; all forms necessary
for the use of said courts, and any and all other instructions that
may be necessary for the complete exercise of the jurisdiction
thereof, whether in criminal, civil, or probate capacity.

6th. Said board shall be directed to prepare a code for the practice
of justices of the peace, setting forth their power and jurisdiction
and defining their duties under the provisions of the Constitution
and acts of the Legislature; also all forms necessary for the use
thereof.











7th. In the Digest of the general laws, local and private acts and
resolutions, all useless verbiage or superfluous matter, and all that
has a tendency to mystify and obscure the true meaning of any act
or section thereof, shall be carefully omitted; the whole to be
accompanied with marginal notes and references and with a
suitable index.

8th. Whenever the works above designated, or any one of them,
shall have been completed, they or it shall be submitted by the
Governor to the justices of the Supreme Court, by whom they shall
be reviewed, and if necessary, amended, and thereafter said work
shall be [the] law and rules of practice respectively, unless they are
afterwards repealed or altered by the Legislature.

9th. The Governor is further authorized and directed to make the
necessary contracts for the publication of the aforesaid works. Of
the Digest of the laws there shall be printed and bound five hundred
copies; of the English Law five hundred; of the Reports of the
Supreme Court five hundred; of the Local and Private Acts and
Resolutions five hundred; of the Code of Practice of County Courts
five hundred; and of the Code of Practice of Justices of the Peace
five hundred copies.

10th. The Legislature is hereby authorized and directed to provide
the necessary means for the compensation of the members of the
aforesaid board, and for defraying all expenses of publication, and
provide by law for such distribution of the works aforesaid as may
be deemed proper and necessary, to the officers of the State and
several counties, and for exchange with other States.

11th. The aforesaid works, until disposed of by action of the
Legislature, shall remain in the custody of the State Librarian.

12th. The aforesaid works shall be compiled in accordance with the
provisions of this Constitution, except in those cases where there
are express provisions to the contrary.

Passed in open Convention, February 21, A. D. 1868.










No. 4
An Ordinance in relation to certain suits judgments &;c.,
in the civil courts of this State.

Be it ordained by the people of the State of Florida in Convention
assembled, That all suits heretofore commenced in any of the civil
courts of this State during the war between the United States and
the so-called Confederate Sates, and any and all judgments,
orders, or decrees of said courts, rendered or entered up against
any person or persons, any one of whom at the commencement of
said suit, or during the pending thereof, was beyond the reach and
jurisdiction of said courts by reason of the war between the United
States and the so-called Confederate States, and hereby declared
to be null and void, and of no effect whatever, and all writs,
executions, and sales founded on said judgments are also hereby
declared void; Provided, That nothing in this ordinance shall be
construed to prevent the plaintiff in such cases from commencing
their suits anew.

Passed in open Convention, February 21, A. D. 1868.
HORATIO JENKINS, JR., President.
SHERMAN CONANT, Secretary.


No. 5
An Ordinance to provide the Means of Defraying the Expenses
of this Convention.

Be it ordained by the people of Florida in Convention assembled,
That this Convention does hereby levy and assess a tax of one-fifth
of one per cent. on all the taxable property of this State for the
purpose of defraying the expenses of this Convention, and the
compensation of officers and members thereof; and it shall be the
duty of the tax collector in the several counties in this State to
collect the tax so assessed, on or before the first day of January, A.
D. 1869, and to pay the same to the Treasurer of the State
immediately upon the collection thereof, and that the collector shall
collect the same in accordance with the laws of the State of Florida
for the collection of State taxes.

SEC. 2. Be it further ordained, That the Comptroller shall issue to
the tax collectors all necessary orders for the collection and
payment of the aforesaid tax, which order shall be binding upon
said tax collectors.











SEC 3. Be it further ordained, That the tax collectors shall receive
the same per cent. as they are now allowed by law for collecting the
State tax.

SEC. 4. Be it further ordained, That the Governor of this State is
hereby empowered and authorized to issue bonds bearing eight per
cent. interest per annum, payable upon the first day of March, A. D.
1869, in such sums as he may deem expedient, not exceeding in
amount thirty thousand dollars, which shall be redeemed out of the
proceeds of said special tax when collected, and the financial
agent, for the purpose of defraying the immediate expenses of this
Convention, is hereby empowered to dispose of the said bonds,
and to pay from the proceeds thereof such accounts as may be
audited by the finance committee, and deposit the balance, if any,
with the Treasurer of the State.

SEC 5. Be it further ordained, That the Governor of the State of
Florida is hereby requested, authorized, and directed to issue
certificates of indebtedness to the full amount of ten thousand
dollars, which certificates of indebtedness shall be receivable for
the tax levied under this ordinance, and all State dues; such
certificates shall bear the impress of the seal of the State
Treasurer, and shall be in such amounts as the Governor may
deem expedient.

Passed in open Convention, February 21, A. D. 1868.
HORATIO JENKINS, JR., President.
SHERMAN CONANT, Secretary.


No. 6.
An Ordinance to provide for the Repeal of Unequal Taxation.

WHEREAS, The General Assembly of the Provisional Government
of Florida passed an Act entitled "An Act concerning Schools for
Freedmen," approved January 16th, 1866, whereby a tax of one
dollar each is assessed and levied upon all male persons of color
between the ages of twenty-one years and fifty-five, and the
proceeds of which are denominated a common school fund for the
education of freedmen; AND WHEREAS, The said tax so
unequally, discriminatingly, and injuriously levied and collected, has
failed to result in any benefit in the least to those for whose
education it was claimed to have been enacted, and is imposed in










violation of public and impartial justice, and that civil and political
equality which is now the inalienable franchise and birthright of
every citizen of the State, without regard to race, color, or previous
condition; therefore, Be it Ordained by the People of Florida in
Convention assembled, That so much of said Act as provides for
the assessment and levy of one dollar each upon all male persons
of color between the ages of twenty-one and fifty-five, be and the
same is hereby repealed, and all further assessment and collection
of said tax shall be and the same is hereby stopped and
prohibited.

Passed in open Convention, February 22, A. D. 1868.
HORATIO JENKINS, JR., President.
SHERMAN CONANT, Secretary.


No. 7
An Ordinance to provide for the Protection and Purity
of Elections.

Be it Ordained by the People of Florida in Convention assembled,
That no person shall give, or offer to give, directly or indirectly, any
bribe, present, or reward, or any private benefit or promise of such
benefit whatever, to induce any voter to refrain from casting his
vote, or to prevent him in any way from voting, or to procure or
attempt to procure him to vote for any particular candidate or
candidates at any election in this State, and the person so giving, or
offering to give, and the person receiving the same, and any person
who gives, or causes to be given, an illegal vote, knowing it to be
such, at any election in this State, shall, on conviction in a court of
law, be fined not exceeding three hundred dollars for each offense,
or be imprisoned not exceeding six months; and either party to
such unlawful bargain or agreement may make complaint or
commence prosecution, and appear in evidence against the other,
and thereby absolve himself from all penalty in said case; And
further, No person shall threaten or intimidate in any way, or injure
any elector on account of the manner in which he may have voted,
or be expected to vote, or to knowingly deceive or mislead any
elector in relation to the time or place of holding any election, or in
the name or political affiliation of any candidate at any election in
the State; and any person violating this provision shall, upon
conviction thereof, be fined not less than five hundred dollars for
each offense, or be imprisoned for not less than one year;










Provided, That the legislature shall have power at any time to
change, amend, or repeal this Ordinance.

And be it further ordained, That the President of this Convention
immediately furnish fifty printed copies of this Ordinance to the
sheriff of each county in the State, who shall publish and post the
same throughout his county for four weeks previous to the next
election.

Passed in open Convention, February 22d, A. D. 1868.
HORATIO JENKINS, JR., President.
SHERMAN CONANT, Secretary.


No. 8
An Ordinance Abolishing County Criminal Courts.

Be it Ordained by the People of Florida in Convention assembled,
That from and after the passage of this ordinance, the County
Criminal Courts of this State shall be abolished, and all fees, costs,
and charges of every kind whatsoever, due or to become due, to
any justice of the peace, constable, clerk of circuit court, or of the
county criminal court, sheriff, or any officer of this State, for
services, issuing warrants, arresting accused, preparing docket and
papers, confining prisoners, or for any service whatever, in and
about said county criminal court, are declared illegal and void, and
fully satisfied and extinguished; and it shall not be lawful for any
Board of County Commissioners of this State, or any Treasurer,
State or county, to allow or pay out any money or moneys for any
such services; Provided, A small allowance, not to exceed the
actual cost of the provisions, shall be allowed for the feeding of
accused defendants and prisoners, bound over to or fined in said
county criminal courts, and nothing shall be so construed as to
deprive judges and solicitors of their fees.

Be it further ordained, That all fines, penalties, and disabilities
ordered, entered up, or created in said county criminal courts are
hereby rescinded and removed; all prisoners found guilty in said
county criminal courts are hereby pardoned and released, and all
judgments, executions, bonds, and recognizances, now
outstanding and unsatisfied, originating or created in said courts,
are hereby declared null, void, and paid off.










Be it further ordained, That all cases now pending in said court
shall be transferred to the circuit court, and the officer transferring
them to said circuit court shall be allowed the regular fees now
allowed for such services.

Passed in open Convention, February 24th, 1868.
HORATIO JENKINS, JR., President.
SHERMAN CONANT, Secretary.


No. 9
An Ordinance to Provide for submitting the Constitution
to the People for Ratification.

Be it Ordained by the people of Florida, in Convention assembled,
That the Constitution framed by this Convention, and signed on the
25th day of February, A. D. 1868, be and the same is hereby
submitted for ratification to the persons registered and to be
registered under the provisions of the several acts of Congress,
entitled "An Act to provide for the more efficient government of the
rebel States, passed March 2d, 1867; An Act supplementary to An
Act entitled An Act to provide for the more efficient government of
the rebel States, passed March 2d, 1867, and to facilitate
restoration; An Act supplementary to An Act entitled An Act to
provide for the more efficient government of the rebel States,
passed on the 2d day of March, 1867; and the act supplementary
thereto, passed on the 23d day of March," at an election to be
conducted according to the provisions of the said acts of Congress.

Be it further ordained, That an election shall be held in various
counties of this State, on the first Monday, Tuesday, and
Wednesday of May, A. D. 1868, for the purpose of voting on the
ratification of the Constitution framed by this Convention, and for
the election of a Governor, Lieutenant-Governor, one member of
Congress, State Senators and Representatives, and county
officers; and that the judges or inspectors of election appointed, or
to be appointed, by the Commanding General of the Third Military
District, to conduct and supervise the election for ratification, as
provided in the several aforesaid acts of Congress, shall also
conduct and supervise the election for said officers.

Be it further ordained, That at each place of voting, beside the
ballot box provided by the said judges of election to receive the
ballots for and against ratification, the said judges shall provide a










separate ballot box for the reception of ballots for Governor,
Lieutenant-Governor, Member of Congress, State Senators and
Representatives, and County officers, and that a separate poll list
shall be prepared by said judges of election of all persons qualified
to vote for said officers; and all persons qualified to vote under the
provisions of the Constitution shall be allowed to vote for said
officers.

Be it further ordained, That the vote for Governor, Lieutenant-
Governor, Member of Congress, State Senators and
Representatives, and County officers, shall be securely enveloped
and sealed by the judges of election, and transmitted by prompt
and sage conveyance to the city of Tallahassee, and delivered to a
Board of Canvassers of three persons herby appointed and
authorized, to wit: Hon. HORATIO Jenkins, Jr., President of
Constitutional Convention; Auburn Erwin, of Columbia County, and
O. Morgan, of Leon County, within thirty days after said election;
and the said Board of Canvassers shall meet at Tallahassee within
ten days after said election and canvass the votes for said officers;
and the said Board of Canvassers shall issue the certificates of
election under their hands and seals; and the said Board of
Canvassers shall make public proclamation of said returns in at
least three of the newspapers published in this State, showing what
persons shall have been elected to said offices severally; and
thereupon the Governor of the State, and the Lieutenant-Governor
thereof elected, shall assemble at the Capitol and be sworn into
office by the Judge of the District Court of the United States, or in
his absence by any person authorized by the laws of the United
States to administer oaths. Be it further ordained, That a public
notice containing this ordinance, signed by the President and
Secretary of this Convention, shall be issued on the day after the
final adjournment of this Convention, and shall be published in at
least three of the newspapers in this State.

Be it further ordained, That the persons who shall act as judges or
inspectors of election, together with one clerk in each county, to be
by them appointed, shall each receive five dollars per day for their
services in conducting, supervising, and making out the returns of
the election for said officers, and the legislature at its first session
shall provide by law for the payment of the expenses to be incurred
thereby, and for any and all expenses incurred under any by virtue
of the provisions of this ordinance.










Passed in open Convention, February 24th, A. D. 1868.
HORATIO JENKINS, JR., President.
SHERMAN CONANT, Secretary.


No. 10
An Ordinance to inquire into
the Condition of the Union Bank of Florida.

Be it Ordained by the People of Florida in Convention assembled,
That it shall be the duty of the first Governor elected under this
Constitution, to appoint a committee of not less than three persons
to inquire into the condition, liabilities, and assets of the Union Bank
of Florida, and as to the liability of the State of Florida, or of the
United States, as security for and upon the bonds of said Union
Bank.

Passed in open Convention, February 24th, 1868.
HORATIO JENKINS, JR., President.
S. CONANT, Secretary.




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