This is ready to go. JW 1.3.02 *** CSTART FL 01/11/1839 04/27/1861 *** CONSTITUTION OF FLORIDA--1838 [Note: The Constitutional Convention assembled December 3, 1838. This Constitution was adopted on January 11, 1839.] *** ASTART 9001.0 FL 1838 *** *** SSTART 001.0 9001.0 0 FL 1838 *** We, the people of the Territory of Florida, by our delegates in convention, assembled at the city of Saint Joseph, on Monday, the 3d day of December, A. D. 1838, and of the Independence of the United States the sixty-third year, having and claiming the right of admission into the Union as one of the United States of America, consistent with the principles of the Federal Constitution, and by virtue of the treaty of amity, settlement, and limits between the United States of America and the King of Spain, ceding the provinces of East and West Florida to the United States , in order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty, and property, and the pursuit of happiness, do mutually agree, each with the other, to form ourselves into a free and independent State, by the name of the State of Florida. *** SEND *** *** AEND *** *** ASTART 001.0 FL 1838 *** ARTICLE I DECLARATION OF RIGHTS That the great and essential principles of liberty and free government may be recognized and established, we declare: *** SSTART 001.0 001.0 0 FL 1838 *** SECTION 1. That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness. *** SEND *** *** SSTART 002.0 001.0 0 FL 1838 *** SEC. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit; and, therefore, they have at all times an inalienable and indefeasible right to alter or abolish their form of government in such manner as they may deem expedient. *** SEND *** *** SSTART 003.0 001.0 0 FL 1838 *** SEC. 3. That all men have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience; any that no preference shall ever be given by law to any religious establishment or mode of worship in this State. *** SEND *** *** SSTART 004.0 001.0 0 FL 1838 *** SEC. 4. That all elections shall be free and equal, and that no property qualification for eligibility- to office, or for the right of suffrage, shall ever be required in this State. *** SEND *** *** SSTART 005.0 001.0 0 FL 1838 *** SEC. 5. That every citizen may freely speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that liberty; and no law shall ever be passed to curtail, abridge, or restrain the liberty of speech or of the press. *** SEND *** *** SSTART 006.0 001.0 0 FL 1838 *** SEC. 6. That the right of trial by jury shall forever remain inviolate. *** SEND *** *** SSTART 007.0 001.0 0 FL 1838 *** SEC. 7. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizures and searches; and that no warrant to search any place, or to seize any person or thing, shall issue without describing the place to be searched, and the person or thing to be seized, as near y as may be, nor without probable cause, supported by oath or affirmation. *** SEND *** *** SSTART 008.0 001.0 0 FL 1838 *** SEC. 8. That no freeman shall be taken, imprisoned, disseized of his freehold, liberties, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the law of the and. *** SEND *** *** SSTART 009.0 001.0 0 FL 1838 *** SEC. 9. That all courts shall be open, and every person, for an injury done him, in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay. *** SEND *** *** SSTART 010.0 001.0 0 FL 1838 *** SEC. 10. That in all criminal prosecutions the accused hath a right to be heard, by himself or counsel, or both; to demand the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment or presentment, a speedy and public trial by an impartial jury of the county or district where the offence was committed, and shall not be compelled to give evidence against himself. *** SEND *** *** SSTART 011.0 001.0 0 FL 1838 *** SEC. 11. That all persons shall be bailable, by sufficient securities, unless in capital offences, where the proof is evident or the presumption strong; and the privilege of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it. *** SEND *** *** SSTART 012.0 001.0 0 FL 1838 *** SEC. 12. That excessive bail shall in no case be required; nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted. *** SEND *** *** SSTART 013.0 001.0 0 FL 1838 *** SEC. 13. That no person shall, for the same offence, be twice put in jeopardy of life or limb. *** SEND *** *** SSTART 014.0 001.0 0 FL 1838 *** SEC. 14. That private property shall not be taken or applied to public use unless just compensation be made therefor. *** SEND *** *** SSTART 015.0 001.0 0 FL 1838 *** SEC. 15. That in all prosecutions and indictments for libel the truth may be given in evidence; and if it shall appear to the jury that the libel is true, and published with good motives, and for justifiable ends, the truth shall be a justification; and the jury shall be the judges of the law and facts. *** SEND *** *** SSTART 016.0 001.0 0 FL 1838 *** SEC. 16. That no person shall be put to answer any criminal charge--but by presentment, indictment, or impeachment. *** SEND *** *** SSTART 017.0 001.0 0 FL 1838 *** SEC. 17. That no conviction shall work corruption of blood or forfeiture of estate. *** SEND *** *** SSTART 018.0 001.0 0 FL 1838 *** SEC. 18. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared penal or criminal, are oppressive, unjust, and incompatible with liberty; wherefore, no ex post facto law shall ever be made. *** SEND *** *** SSTART 019.0 001.0 0 FL 1838 *** SEC. 19. That no law impairing the obligation of contracts shall ever be passed. *** SEND *** *** SSTART 020.0 001.0 0 FL 1838 *** SEC. 20. That the people have a right, in a peaceable manner, to assemble together to consult for the common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance. *** SEND *** *** SSTART 021.0 001.0 0 FL 1838 *** SEC. 21. That the free white men of this State shall have a right to keep and to bear arms for their common defence. *** SEND *** *** SSTART 022.0 001.0 0 FL 1838 *** SEC. 22. That no soldier, in time of peace, shall be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law. *** SEND *** *** SSTART 023.0 001.0 0 FL 1838 *** SEC. 23. That no standing army shall be kept up without the consent of the legislature; and the military shall in all cases and at all times be in strict subordination to the civil power. *** SEND *** *** SSTART 024.0 001.0 0 FL 1838 *** SEC. 24. That perpetuities and monopolies are contrary to the genius of It free State, and ought not to be allowed. *** SEND *** *** SSTART 025.0 001.0 0 FL 1838 *** SEC. 25. That no hereditary emoluments, privileges, or honors, shall ever be granted or conferred in this State. *** SEND *** *** SSTART 026.0 001.0 0 FL 1838 *** SEC. 26. That frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty. *** SEND *** *** SSTART 027.0 001.0 0 FL 1838 *** SEC. 27. That, to guard against transgressions upon the rights of the people, we declare that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or to the following provisions, shall be void. *** SEND *** *** AEND *** *** ASTART 002.0 FL1838 *** ARTICLE II DISTRIBUTION OF THE POWERS OF GOVERNMENT *** SSTART 001.0 002.0 0 FL 1838 *** SECTION 1. The powers of the government of the State of Florida, shall be divided into three distinct departments, and each of them confided to a separate body of magistracy, to wit: Those which are legislative to one; those which are executive to another; and those which are judicial to another. *** SEND *** *** SSTART 002.0 002.0 0 FL 1838 *** SEC. 2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances expressly provided in this constitution. *** SEND *** *** AEND *** *** ASTART 003.0 FL 1838 *** ARTICLE III EXECUTIVE DEPARTMENT *** SSTART 001.0 003.0 0 FL 1838 *** SECTION 1. The supreme executive power shall be vested in a chief magistrate, who shall be styled the governor of the State of Florida. *** SEND *** *** SSTART 002.0 003.0 0 FL 1838 *** SEC. 2. The governor shall be elected for four years, by the qualified electors, at the time and place where they shall vote for representatives, and shall remain in office until a successor be chosen and qualified; and shall not be eligible to re0ection until the expiration of four years thereafter. *** SEND *** *** SSTART 003.0 003.0 0 FL 1838 *** SEC. 3. No person shall be eligible to the office of governor unless lie. shall have attained the age of thirty years, shall have been a citizen of the United States ten years, or an inhabitant of Florida at the time of the adoption of this constitution, (being a citizen of the United States,) and shall have been a resident of Florida at least five years next preceding the day of election. *** SEND *** *** SSTART 004.0 003.0 0 FL 1838 *** SEC. 4. The returns of every election for governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the session, open and publish them in the presence of both houses of the general assembly; and the person having the highest number of votes shall be governor; but if two or more shall be equal, and highest in Votes, one of them shall be chosen governor by the joint vote of the two houses; and contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. *** SEND *** *** SSTART 005.0 003.0 0 FL 1838 *** SEC. 5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected. *** SEND *** *** SSTART 006.0 003.0 0 FL 1838 *** SEC. 6. He shall be commander-in-chief of the army and navy of this State, and of the militia thereof. *** SEND *** *** SSTART 007.0 003.0 0 FL 1838 *** SEC. 7. He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices. *** SEND *** *** SSTART 008.0 003.0 0 FL 1838 *** SEC. 8. He may, by proclamation, on extraordinary occasions, convene the general assembly at the seat of government, or at a different lace if that shall have become dangerous from an enemy or from disease; and in case of disagreement between the two houses with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next meeting designated by this constitution. *** SEND *** *** SSTART 009.0 003.0 0 FL 1838 *** SEC. 9. He shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as be may deem expedient. *** SEND *** *** SSTART 010.0 003.0 0 FL 1838 *** SEC. 10. He shall take care that the laws be faithfully executed. *** SEND *** *** SSTART 011.0 003.0 0 FL 1838 *** SEC. 11. In all criminal and penal cases, (except of treason and impeachment,) after conviction, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law; and in cases of treason, be shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the end of the next session of the general assembly. *** SEND *** *** SSTART 012.0 003.0 0 FL 1838 *** SEC. 12. There shall be a seal of the State, which shall be kept by the governor, and used by him officially, with such device as the governor first elected may direct; and the present seal of the Territory shall be the seal of the State until otherwise directed by the general assembly. *** SEND *** *** SSTART 013.0 003.0 0 FL 1838 *** SEC. 13. All commissions shall be in the name and by the authority of the State of Florida, be sealed with the State seal, and signed by the governor, and attested by the secretary of state. *** SEND *** *** SSTART 014.0 003.0 0 FL 1838 *** SEC. 14. There shall be a secretary of state appointed by a joint vote of both houses of the general assembly, who shall continue in office during the term of four years; and he shall keep a fair register of the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the general assembly, and shall perform such other duties as may be required of him by law. *** SEND *** *** SSTART 015.0 003.0 0 FL 1838 *** SEC. 15. Vacancies that happen in offices, the appointment to which is vested n the general assembly, or given to the governor, with the advice and consent of the senate, shall be filled by the governor during the recess of the general assembly, by granting commissions which shall expire at the end of the next session. *** SEND *** *** SSTART 016.0 003.0 0 FL 1838 *** SEC. 16. Every bill, which shall have passed both houses of the general assembly, shall be presented to the governor; if lie approve, he shall sign it; but if not, he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large upon the journals and proceed to reconsider it; and if. after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered ; and if approved by a majority of the whole number elected to that house, it shall become a law. but in such cases the votes of both houses shall be by yeas and nays, and the names of the members voting for or against the bill shall be entered oil the journals of each house, respectively; and if any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if be had signed it; unless the general assembly, by their adjournment, prevent its return, in which case it shall not be a law. *** SEND *** *** SSTART 017.0 003.0 0 FL 1838 *** SEC. 17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on questions of adjournment, shall be presented to the governor, and, before it, shall take effect, be approved by him, or, being disapproved, be repassed by both houses, according to the rules all limitations prescribed in case of a bill. *** SEND *** *** SSTART 018.0 003.0 0 FL 1838 *** SEC. 18. In case of the impeachment of the governor) his removal from office, death, refusal to qualify, resignation, or absence from the State, the president of the senate' shall exercise all the power and authority appertaining to the office of governor, during the term for which the governor was elected; unless the general assembly shall provide by law for the election of a governor to fill such vacancy. or until the governor absent or impeached shall return or be acquitted. *** SEND *** *** SSTART 019.0 003.0 0 FL 1838 *** SEC. 19. If, during the vacancy of the office of governor, the president of the senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the speaker of the house of representatives shall, in like manner, administer the government. *** SEND *** *** SSTART 020.0 003.0 0 FL 1838 *** SEC. 20. The president of the senate, or speaker of the house of representatives, during the time lie administers the government, shall receive the same compensation which the governor would have received. *** SEND *** *** SSTART 021.0 003.0 0 FL 1838 *** SEC. 21. The governor shall always reside, during the sessions of the general assembly, at the place where their sessions are held; and, at other times, wherever in their opinion the public good may require. *** SEND *** *** SSTART 022.0 003.0 0 FL 1838 *** SEC. 22. No person shall hold the office of governor, and any other office or commission, civil or military, either in this State, or under any State, or the United States or any other power, at one and the same time, except the president of the senate or the speaker of the house of representatives, when he shall hold the office, as aforesaid. *** SEND *** *** SSTART 023.0 003.0 0 FL 1838 *** SEC. 23. A State treasurer, and comptroller of public accounts, shall be elected by joint vote of both houses of the general assembly, at each regular session thereof. *** SEND *** *** AEND *** *** ASTART 004.0 FL 1838 *** ARTICLE IV LEGISLATIVE DEPARTMENT *** SSTART 001.0 004.0 0 FL 1838 *** SECTION 1. The legislative power of this State shall be vested in two distinct branches, the one to be styled the senate, the other the house of representatives, and both together " the general assembly of the State of Florida - " and the style of the laws shall be, " Be it enacted by the senate and house of representatives of the State of Florida in general assembly convened." *** SEND *** *** SSTART 002.0 004.0 0 FL 1838 *** SEC. 2. The members of the house of representatives shall be chosen by the qualified voters, and shall serve for the term of one year, from the day of the commencement of the general election, and no longer; and the sessions of the general assembly shall be annual, and commence on the fourth Monday in November in each year, or at such other time as may be prescribed by law. *** SEND *** *** SSTART 003.0 004.0 0 FL 1838 *** SEC. 3. The representatives shall be chosen every year, on the first Monday in the month of October, until otherwise directed by law. *** SEND *** *** SSTART 004.0 004.0 0 FL 1838 *** SEC. 4. No person shall be a representative unless he be a white man, a citizen of the United States, and shall have been an inhabitant of the State two years next preceding his election, and the last year thereof a resident of the county for which lie shall be chosen, and shall have attained the age of twenty-one years. *** SEND *** *** SSTART 005.0 004.0 0 FL 1838 *** SEC. 5. The senators stall be chosen by the qualified electors, for the term of two years, at the same time, in the same manner, and in the same places where they vote for members of the house of representatives; and no man shall be a senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State two years next preceding his election, and the last ear thereof a resident of the district or county for which he shall be chosen, and shall have attained the age of twenty-five years. *** SEND *** *** SSTART 006.0 004.0 0 FL 1838 *** SEC. 6. The senators, after their first election, shall be divided by lot into two classes; and the seats of the senators of the first class shall be vacated at the expiration of the first ear, and of the second class at the expiration of the second year; so that one-half thereof, as near as possible, may be chosen forever thereafter, annually, for the term of two years. *** SEND *** *** SSTART 007.0 004.0 0 FL 1838 *** SEC. 7. The house of representatives, when assembled, shall choose a speaker, and its other officers; and the senate a president, and its other officers; and each house shall be judge of the qualifications, elections, and returns of its members; but a contested election shall be determined in such manner as shall be directed by law. *** SEND *** *** SSTART 008.0 004.0 0 FL 1838 *** SEC. 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 attendance of absent members, in such manner and under such penalties as each house may prescribe. *** SEND *** *** SSTART 009.0 004.0 0 FL 1838 *** SEC. 9. Each house may determine the rules of its own proceedings, punish its members for disorderly behavior, and, with the consent of two-thirds, expel a member, but not a second time for the same cause. *** SEND *** *** SSTART 010.0 004.0 0 FL 1838 *** SEC. 10. Each house, during the session, may punish, by imprisonment, any person not a member for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings. provided such imprisonment shall not extend beyond the end of the session. *** SEND *** *** SSTART 011.0 004.0 0 FL 1838 *** SEC. 11. Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment; and the yeas and nays of the members of each house shall be taken and entered upon the journals, upon the final passage of every bill, and may, by any two members, be required upon any other question; and any member of either house shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journal. *** SEND *** *** SSTART 012.0 004.0 0 FL 1838 *** SEC. 12. Senators and representatives shall in all cases, except treason, felony, or breach of peace, be privileged from arrest during the session of the general assembly, and in going to or returning from the same, allowing one day for every twenty miles such member may reside from the place at which the general assembly is convened; and for any speech or debate in either house they shall not be questioned in any other place. *** SEND *** *** SSTART 013.0 004.0 0 FL 1838 *** SEC. 13. The general assembly shall make provision by law for filling vacancies that may occur in either house, by the death, resignation, or otherwise, of any of its members. *** SEND *** *** SSTART 014.0 004.0 0 FL 1838 *** SEC. 14. The doors of each house shall be open, except on such occasions as, in the opinion of the house, the public safety may imperiously require secrecy. *** SEND *** *** SSTART 015.0 004.0 0 FL 1838 *** SEC. 15. Neither house shall, without the consent of the other adjourn for more than three days, nor to any other place than that in which they may be sitting. *** SEND *** *** SSTART 016.0 004.0 0 FL 1838 *** SEC. 16. Bills may originate in either house of the general assembly, and all bills passed by one house may be discussed, amended, or rejected by the other; but no bill shall have the force of law until, on three several days, it be read in each house, and free discussion be allowed thereon, unless in cases of urgency four-fifths of the house in which the same shall be depending may deem it expedient to dispense with the rule; and every bill having passed both houses shall be signed by the speaker and president of their respective houses. *** SEND *** *** SSTART 017.0 004.0 0 FL 1838 *** SEC. 17 . Each member of the general assembly shall receive from the public treasury such compensation for his services as may be fixed by law. but no increase of compensation shall take effect during the term for which the representatives were elected when such law passed. *** SEND *** *** SSTART 018.0 004.0 0 FL 1838 *** SEC. 18. The number of members of the house of representatives shall never exceed sixty. *** SEND *** *** AEND *** *** ASTART 005.0 FL 1838 *** ARTICLE V JUDICIAL DEPARTMENT *** SSTART 001.0 005.0 0 FL 1838 *** SECTION 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a supreme court, courts of chancery, circuit courts, and justices of the peace: Provided The general assembly may also vest such criminal jurisdiction as, may be deemed necessary in corporation courts; but such jurisdiction shall not extend to capital offences. *** SEND *** *** SSTART 002.0 005.0 0 FL 1838 *** SEC. 2. The supreme court, except in cases otherwise directed in this constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law: Provided, That the said courts shall always have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a general superintendence and control over all other courts. *** SEND *** *** SSTART 003.0 005.0 0 FL 1838 *** SEC. 3. For the term of five years from the election of the judges of the circuit courts, and thereafter until the general assembly shall otherwise provide, the powers of the supreme court shall be vested in, and its duties performed by, the judges of the several circuit courts within this State; and they, or a majority of them, shall hold such sessions of the supreme court, and at such times, as may be directed by law. *** SEND *** *** SSTART 004.0 005.0 0 FL 1838 *** SEC. 4. The supreme court, when organized, shall be holden at such times and places as may be provided by law. *** SEND *** *** SSTART 005.0 005.0 0 FL 1838 *** SEC. 5. The State shall be divided into at least four convenient circuits, and until other circuits shall be provided for by the general assembly, the arrangements of the circuits shall be the western, middle, eastern, and southern circuits; and for each circuit there shall be appointed a judge, who shall, after his appointment, reside in the circuit for which he has been appointed, and shall, at stated times, receive for his services a salary of not less than two thousand dollars per annum, which shall not be diminished during the continuance of such judge in office; but the judges shall receive no fees or perquisites of office, nor hold any other office of profit under the State, the United States, or any other power. *** SEND *** *** SSTART 006.0 005.0 0 FL 1838 *** SEC. 6. The circuit court shall have original jurisdiction in all matters, civil and criminal, within this State, not otherwise excepted in this constitution. *** SEND *** *** SSTART 007.0 005.0 0 FL 1838 *** SEC. 7. A circuit court shall be held in such counties, and at such times and places therein, as may be prescribed by law; and the judges of the several circuit courts may hold courts for each other, and shall do so when directed by law. *** SEND *** *** SSTART 008.0 005.0 0 FL 1838 *** SEC. 8. The general assembly shall have power to establish and organize separate court or courts of original equity jurisdiction; but, until such court or courts shall be established and organized, the circuit courts shall exercise such jurisdiction. *** SEND *** *** SSTART 009.0 005.0 0 FL 1838 *** SEC. 9. The general assembly shall provide by law for the appointment, in each county, of an officer to take probate of wills, to grant letters testamentary, of administration, and guardianship; to attend to the settlement of the estates of decedents and of minors, and to discharge the duties usually pertaining to courts of ordinary, subject to the direction and supervision of the courts of chancery, as may be provided by law. *** SEND *** *** SSTART 010.0 005.0 0 FL 1838 *** SEC. 10. A competent number of justices of the peace shall be, from time to time, appointed or elected, in and for each county, in such mode and for such term of office as the general assembly may direct, and shall possess the jurisdiction as may be prescribed by law; and, in cases tried before a justice of the peace, the right of appeal shall be secured, under such rules and regulations as may be prescribed by law. *** SEND *** *** SSTART 011.0 005.0 0 FL 1838 *** SEC. 11. Justices of the supreme court, chancellors, and judges of the circuit courts shall be elected by the concurrent vote of a majority of both houses of the general assembly. *** SEND *** *** SSTART 012.0 005.0 0 FL 1838 *** SEC. 12. The judges of the circuit courts shall, at the. first session of the general assembly to be holden under this constitution, be elected for the term of five years, and shall hold their offices for that term, unless sooner removed under the provisions made in this constitution for the removal of judges by address or impeachment; and at the expiration of five years, the justices of the supreme court and the judges of the circuit courts shall be elected for the term of and during their good behavior; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the governor shall remove any of them, on the address of two-thirds of each house of the general assembly: Provided, however, That the cause or causes shall be stated at length in such address, and entered on the journals of each house: And provided further, That the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defence before any vote for such address shall pass; and in such cases the vote shall betaken by yeas and nays, and entered on the journals of each house respectively. *** SEND *** *** SSTART 013.0 005.0 0 FL 1838 *** SEC. 13. The clerk of the supreme court and the clerks of the courts of chancery. shall be elected by the general assembly; and the clerks of the circuit courts shall be elected by the qualified electors, in such mode as may be prescribed by law. *** SEND *** *** SSTART 014.0 005.0 0 FL 1838 *** SEC. 14. The justices of the supreme court chancellors, and judges of the circuit courts, shall, by virtue of their offices, be conservators of the peace throughout the State, and justices of the peace in their respective counties. *** SEND *** *** SSTART 015.0 005.0 0 FL 1838 *** SEC. 15. The style of all process shall be, " The State of Florida and all criminal prosecutions shall be carried on in the name of the State of Florida, and all indictments shall conclude, against the peace and dignity of the same." *** SEND *** *** SSTART 016.0 005.0 0 FL 1838 *** SEC. 16. There shall be an attorney-general for the State, who shall reside at the seat of government. it shall be his duty to attend all sessions of the general assembly, and, upon the passage of any act, to draft, and submit to the general assembly, at the same session, all necessary forms of proceedings under such laws, which, when approved, shall be published therewith; and he shall perform such other duties as may be prescribed by law. He shall be elected by joint vote of the two houses of the general assembly, and shall hold his office for four years; but may be removed by the governor, on the address of two-thirds of the two houses of general assembly; and shall receive for his services a compensation to be fixed by law. *** SEND *** *** SSTART 017.0 005.0 0 FL 1838 *** SEC. 17. There shall be one solicitor for each circuit who shall reside therein, to be elected by the joint vote of the general assembly, who shall hold his office for the term of four years, and shall receive for his services a compensation to be fixed by law. *** SEND *** *** SSTART 018.0 005.0 0 FL 1838 *** SEC. 18. No justice of the supreme court shall sit as judge, or take part in the appellate court, on the trial or hearing of any case which shall have been decided by him in the court below. *** SEND *** *** SSTART 019.0 005.0 0 FL 1838 *** SEC. 19. The general assembly shall have power to establish in each county a board of commissioners for the regulation of the county business therein. *** SEND *** *** SSTART 020.0 005.0 0 FL 1838 *** SEC. 20. No duty not judicial shall be imposed by law upon the justices of the supreme court, chancellors, or the judges of the circuit courts of this State. *** SEND *** *** AEND *** *** ASTART 006.0 FL 1838 *** ARTICLE VI THE RIGHT OF SUFFRAGE-CIVIL OFFICERS *** SSTART 001.0 006.0 0 FL 1838 *** SECTION 1. Every free white male person of the age of twenty-one years and upwards, and who shall be, at the time of offering to vote, a citizen of the United States, and who shall have resided and had his habitation, domicile, home, and place of permanent abode in Florida, for two years next preceding the election at which he shall offer to vote, and who shall have at such time, and for six months immediately preceding said time shall have had, his habitation, domicile, home, and place of permanent abode in the county in which he may offer to vote, and who shall be enrolled in the militia thereof, (unless by law exempted from serving in the militia,) shall be deemed a qualified elector, at all elections under this constitution, and none others except in elections by general ticket in the State or district prescribed by law; in which cases the elector must have been a resident of the State two years next preceding the election, and six months within the election district in which he offers to vote: Provided, That no soldier, seaman, or marine, in the regular Army or Navy of the United States, unless he be a qualified elector of the State previous to his enlistment as such soldier, seaman, or marine, in the regular Army or Navy of the United States, or of the revenue service, shall considered a resident of the State, in consequence of being stationed within the same. *** SEND *** *** SSTART 002.0 006.0 0 FL 1838 *** SEC. 2. The general assembly shall, at its first session, provide for the registration of all the qualified electors in each county; and thereafter, from time to time, of all who may become such qualified electors. *** SEND *** *** SSTART 003.0 006.0 0 FL 1838 *** SEC. 3. No president, director, cashier, or other officer, of any banking company in this State, shall be eligible to the office of governor, senator, or representative to the general assembly of this State, so long as he shall be such president, director, cashier, or other officer, nor until the lapse of twelve months from the time at which he shall have ceased to be such president, director, cashier, or other officer. *** SEND *** *** SSTART 004.0 006.0 0 FL 1838 *** SEC. 4. The general assembly shall have power to exclude from every office of honor, trust, or profit, within the State, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime. *** SEND *** *** SSTART 005.0 006.0 0 FL 1838 *** SEC. 5. No person shall be capable of holding or of being elected to any post of honor, profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this State, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who shall be a second to either party, or who shall in any manner aid or assist in such duel, or shall be knowingly the bearer of such challenge or acceptance whether the same occur or be committed in or out of- the State. *** SEND *** *** SSTART 006.0 006.0 0 FL 1838 *** SEC. 6. No person who may hereafter be a collector or holder of public moneys shall have a seat in either house of the general assembly, or be eligible to any office of trust Or profit under this State, until lie shall have accounted for, and paid into the treasury, all sums for which lie may be accountable. *** SEND *** *** SSTART 007.0 006.0 0 FL 1838 *** SEC. 7. No governor, member of Congress, or of the general assembly of this State, shall receive a fee, be engaged as counsel, agent, or attorney, in . any civil case or claim against this State, or to which this State shall be a party, during the time he shall remain in office. *** SEND *** *** SSTART 008.0 006.0 0 FL 1838 *** SEC. 8. No governor, justice of the supreme court chancellor, or judge, in this State, shall be eligible to election or appointment to any other and different station, or office, or post of honor or emolument, tinder this State, or to the station of Senator or Representative in the Congress of the United States from this State, until one year after he shall have ceased to be such governor, justice, chancellor, or judge. *** SEND *** *** SSTART 009.0 006.0 0 FL 1838 *** SEC. 9. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by elections by the people. *** SEND *** *** SSTART 010.0 006.0 0 FL 1838 *** SEC. 10. No minister of the gospel shall be eligible to the office of governor, senator, or member of the house of representatives of this State. *** SEND *** *** SSTART 011.0 006.0 0 FL 1838 *** SEC. 11. Members of the general assembly, and all officers, civil and military, before they enter upon the execution of their respective offices, shall take the following oath or affirmation: " I, _______ _______, do swear (or affirm) that I am duly qualified according to the constitution of this State, to exercise the office to which I have been elected, (or appointed,) and will, to the best of in abilities, discharge the duties thereof, and preserve' protect, and de7end the constitution of this State, and of the United States." *** SEND *** *** SSTART 012.0 006.0 0 FL 1838 *** SEC. 12. Every person shall be disqualified from serving as governor, senator, representative, or from holding any other office of honor or profit in this State, for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe to procure his election. *** SEND *** *** SSTART 013.0 006.0 0 FL 1838 *** SEC. 13. Laws shall be made by the general assembly to exclude from office, and from suffrage, those who shall have been, or may thereafter be, convicted of bribery, perjury, forgery, or other high crime or misdemeanor; and the privilege of suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practices. *** SEND *** *** SSTART 014.0 006.0 0 FL 1838 *** SEC. 14. All civil officers of the State at large shall reside within the State, and all district or county officers within their respective districts or counties, and shall keep their respective offices at such places therein as may be required bylaw. *** SEND *** *** SSTART 015.0 006.0 0 FL 1838 *** SEC. 15. It shall be the duty of the general assembly to regulate by law in what cases and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity. *** SEND *** *** SSTART 016.0 006.0 0 FL 1838 *** SEC. 16. Returns of elections for members of Congress and the general assembly shall be made to the secretary of state, in manner to be prescribed by law. *** SEND *** *** SSTART 017.0 006.0 0 FL 1838 *** SEC. 17. In all elections by the general assembly, the vote shall be viva voce; and in all elections by the people the vote shall be by ballot. *** SEND *** *** SSTART 018.0 006.0 0 FL 1838 *** SEC. 18. No member of Congress, or person holding or exercising any office of profit under the United States, or under any foreign power, shall be eligible as a member of the general assembly of this State, or hold or exercise any office of profit under the State; and no person in this State shall ever bold two offices of profit. at the same time, except the office of justice of the peace, notary public, constable, and militia offices. *** SEND *** *** SSTART 019.0 006.0 0 FL 1838 *** SEC. 19. The general assembly shall by law provide for the appointment or election, and the removal from office, of all officers, civil and military, in this State, not provided for in this constitution. *** SEND *** *** SSTART 020.0 006.0 0 FL 1838 *** SEC. 20. The power of impeachment shall be vested in the house of representatives. *** SEND *** *** SSTART 021.0 006.0 0 FL 1838 *** SEC. 21. All impeachments shall be tried by the senate; and, 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 members present. *** SEND *** *** SSTART 022.0 006.0 0 FL 1838 *** SEC. 22. The governor and all civil officers shall be liable to impeachment for any misdemeanor in office; but judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this ate; but the parties shall, nevertheless, be liable to indictment, trial, and punishment according to law. *** SEND *** *** AEND *** *** ASTART 007.0 FL 1838 *** ARTICLE VII MILITIA *** SSTART 001.0 007.0 0 FL 1838 *** SECTION 1. All militia officers shall be elected by the persons subject to military duty within the bounds of their several companies, battalions, regiments, brigades, and divisions, under such rules and regulations as the general assembly may, from time to time, direct and establish. *** SEND *** *** SSTART 002.0 007.0 0 FL 1838 *** SEC. 2. The governor shall appoint all the officers of the executive staff, except the adjutant- general and paymaster-general, who shall be appointed by the governor, by and with the advice and consent of the senate. The major-generals and brigadier-generals, and commanding officers of regiments, shall appoint such staff officers as may be prescribed by law: Provided, No person shall be eligible to any staff appointment unless he bold a commission in the line. *** SEND *** *** AEND *** *** ASTART 008.0 FL 1838 *** ARTICLE VIII TAXATION AND REVENUE *** SSTART 001.0 008.0 0 FL 1838 *** SECTION 1. The general assembly shall devise and adopt a system of revenue, having regard to an equal and uniform mode of taxation, to be general throughout the State. *** SEND *** *** SSTART 002.0 008.0 0 FL 1838 *** SEC. 2. No other or greater amount of tax or revenue shall at any time be levied than may be required for the necessary expenses of government. *** SEND *** *** SSTART 003.0 008.0 0 FL 1838 *** SEC. 3. No money shall be drawn from the treasury but in consequence of an appropriation by law; and a regular statement of the receipts and the expenditures of all public moneys shall be published and promulgated annually with the laws of the general assembly. *** SEND *** *** SSTART 004.0 008.0 0 FL 1838 *** SEC. 4. The general assembly shall have power to authorize the several counties and incorporated towns in this State to impose taxes for county and corporation purposes respectively; and all property shall be taxed upon the principles established in regard to State taxation. *** SEND *** *** AEND *** *** ASTART 009.0 FL 1838 *** ARTICLE IX CENSUS AND APPORTIONMENT OF REPRESENTATION *** SSTART 001.0 009.0 0 FL 1838 *** SECTION 1. The general assembly shall, in the year 1845, and every tenth year thereafter, cause an enumeration to be made of all the inhabitants of the State, and to the whole number of free white inhabitants shall be added three-fifths of the number of slaves; and they shall then proceed to apportion the representation equally among the different counties, according to such enumeration, giving, however, one representative to every county, and increasing the number of representatives, on a uniform ratio of population, according to the foregoing basis; and which ratio shall not be changed until a new census shall have been taken. *** SEND *** *** SSTART 002.0 009.0 0 FL 1838 *** SEC. 2. The general assembly shall also, after every such enumeration, proceed to fix by law the number of senators which shall constitute the senate of the State of Florida, and which shall never be less than one-fourth nor more than one-half of the whole number of the house of representatives; and they shall lay off the State into the same number of senatorial districts, as nearly equal in the number of inhabitants as may be, according to the ratio of representation established in the preceding section; each of which districts shall be entitled to one senator. *** SEND *** *** SSTART 003.0 009.0 0 FL 1838 *** SEC. 3. 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 no county shall be divide in forming a district. *** SEND *** *** SSTART 004.0 009.0 0 FL 1838 *** SEC. 4. No new county shall be entitled to separate representation until its population equal the ratio of representation then existing; nor shall any county be reduced in population, by division, below the existing ratio. *** SEND *** *** SSTART 005.0 009.0 0 FL 1838 *** SEC. 5. Until the apportionment of representation by the general assembly, as directed in the foregoing section, the several counties shall be entitled to the following representatives, viz: Escambia, three; Walton, one; Washington, one; Jackson, three; Franklin, two; Calhoun, two; Gadsden, four; Leon, six; Jefferson, three; Madison, one; Hamilton, one; Columbia, two; Alachua, two; Duval, two; Nassau, one; Saint John's, three; Mosquito, one; Dade, one; Monroe, one; Hillsborough, one; and, until the apportionment of senators under the census as aforesaid, there shall be sixteen senatorial districts in this State, which shall be as follows: The county of Escambia shall compose the first district. The counties of Walton and Washington shall compose the second district. The county of Jackson shall compose the third district. The county of Calhoun shall compose the fourth district. The county of Franklin shall compose the fifth district. The county of Gadsden shall compose the sixth district. The county of Leon shall compose the seventh district. The county of Jefferson shall compose the eighth district. The county of Madison shall compose the ninth district. The county of Hamilton shall compose the tenth district. The county of Columbia shall compose the eleventh district. The county of Alachua shall compose the twelfth district. The county of Duval shall compose the thirteenth district. The county of Nassau shall compose the fourteenth district. The counties of Saint John's and Mosquito shall compose the fifteenth district. The counties of Dade, Monroe, and Hillsborough shall compose the sixteenth district. And each senatorial district shall elect one senator, and the seventh district shall be entitled to two. *** SEND *** *** AEND *** *** ASTART 010.0 FL 1838 *** ARTICLE X EDUCATION *** SSTART 001.0 010.0 0 FL 1838 *** SECTION 1. The proceeds of all lands that have been, or may hereafter be, granted by the United States for the use of schools and a seminary or seminaries of learning, shall be and remain a perpetual fund, the interest of which, together with all moneys derived from any other source applicable to the same object, shall be inviolably appropriated to the use of schools and seminaries of learning, respectively, and to no other purpose. *** SEND *** *** SSTART 002.0 010.0 0 FL 1838 *** SEC. 2. The general assembly shall take such measures as may be necessary to preserve from waste or damage all land so granted and appropriated to the purposes of education. *** SEND *** *** AEND *** *** ASTART 011.0 FL 1838 *** ARTICLE XI PUBLIC DOMAIN AND INTERNAL IMPROVEMENTS *** SSTART 001.0 011.0 0 FL 1838 *** SECTION 1. It shall be the duty of the general assembly to provide for the prevention of waste and damage of the public lands now possessed, or that may hereafter be ceded to the Territory or State of Florida; and it may pass laws for the sale of any part or portion thereof, and, in such case, provide for the safety, security, and appropriation of the proceeds. *** SEND *** *** SSTART 002.0 011.0 0 FL 1838 *** SEC. 2. A liberal system of internal improvements, being essential to the development of the resources of the country, shall be encouraged by the government of this State; and it shall be the duty of the general assembly, as soon as practicable, to ascertain, by law, proper objects of improvement, in relation to roads, canals, and navigable streams, and to provide for a suitable application such funds as may be appropriated for such improvements. *** SEND *** *** AEND *** *** ASTART 012.0 FL 1838 *** ARTICLE XII BOUNDARIES *** SSTART 001.0 012.0 0 FL 1838 *** SECTION 1. The jurisdiction of the State of Florida shall extend over the Territories of East and West Florida. which, by the treaty of amity, settlement, and limits, between the United States and His Catholic Majesty, on the 22d day of February, A.D. 1819, were ceded to the United States. *** SEND *** *** AEND *** *** ASTART 013.0 FL 1838 *** ARTICLE XIII BANKS AND OTHER CORPORATIONS *** SSTART 001.0 013.0 0 FL 1838 *** SECTION 1. The general assembly shall pass a general law for the incorporation of all such churches, and religious or other societies as may accept thereof; but no special act of incorporation thereof shall be passed. *** SEND *** *** SSTART 002.0 013.0 0 FL 1838 *** SEC. 2. The general assembly shall pass no act of incorporation, or make any alteration therein, unless with the assent of at least two thirds of each house, and unless public notice in one or more newspapers in the State shall have been given for at least three months immediately preceding the session at which the same may be applied for. *** SEND *** *** SSTART 003.0 013.0 0 FL 1838 *** SEC. 3. No banking corporation shall be created, or continue, which is composed of a less number than twenty individuals, I majority of whom, at least, shall be residents of the State; and no other corporation shall be created, or continue, composed of a less number than ten, of whom at least five shall be residents of this State. *** SEND *** *** SSTART 004.0 013.0 0 FL 1838 *** SEC. 4. No bank-charter, or any act of incorporation granting exclusive privileges, shall be granted for a longer period than twenty years; and no bank-charter shall ever be extended or renewed. *** SEND *** *** SSTART 005.0 013.0 0 FL 1838 *** SEC. 5. The charters of banks granted by the general assembly shall restrict such banks to the business of exchange, discount, and deposit; and they shall not speculate or deal in real estate, or the stock of other corporations or associations, or in merchandise or chattels, or be concerned in insurance, manufacturing, exportation, or importation, except of bullion or specie; shall Dot act as trustee in any wise, nor shall they own real estate or chattels, except such as shall be necessary for their actual use in the transaction of business, or which may be pledged as further security, or received towards or in satisfaction of previously-contracted debts, or purchased at legal sales to satisfy such debts; of which they shall be required to make sale within two years after the acquisition thereof. *** SEND *** *** SSTART 006.0 013.0 0 FL 1838 *** SEC. 6. The capital stock of any bank shall not be less than one hundred thousand dollars, and shall be created only by the actual payment of specie therein; and no bank shall borrow money to create or add to its capital or to conduct its business, and no loans shall be made on stock. *** SEND *** *** SSTART 007.0 013.0 0 FL 1838 *** SEC. 7. All liabilities of such banks shall be payable in specie, and the aggregate of the liabilities and issues of a bank shall at no time exceed double the amount of its capital stock paid in. *** SEND *** *** SSTART 008.0 013.0 0 FL 1838 *** SEC. 8. No bank shall make a note or security of any kind for a smaller sum than five dollars; and the general assembly may increase such restriction to twenty dollars. *** SEND *** *** SSTART 009.0 013.0 0 FL 1838 *** SEC. 9. No dividends or profits exceeding ten per centum per annum on the capital stock paid in shall be made; but all profits over ten per centum per annum shall be set apart and retained as a safety fund. *** SEND *** *** SSTART 010.0 013.0 0 FL 1838 *** SEC. 10. Stockholders in a bank, when an act of forfeiture of its charter is committed, or when it is dissolved or expires, shall be individually and severally liable for the payment of all its debts, in proportion to the stock owned by each. *** SEND *** *** SSTART 011.0 013.0 0 FL 1838 *** SEC. 11. Banks shall be open to inspection, under such regulations as may be prescribed by law; and it shall be the duty of the governor to appoint a person or persons, not connected in any manner with any bank in the State, to examine at least once a year into their state and condition; and the officers of every bank shall make quarterly returns to the governor of its state and condition, and the names of the stockholders, and shares held by each. *** SEND *** *** SSTART 012.0 013.0 0 FL 1838 *** SEC. 12. Non-user for the space of one year, or any act of a corporation, or those having the control and management thereof, or intrusted therewith, inconsistent with or in violation of the provisions of this constitution, or of its charter, shall cause its forfeiture, and the general assembly shall, by general law, provide a summary process for the sequestration of its effects and assets, the appointment of officers to settle its affairs; and no forfeited charter shall be restored. The foregoing provisions shall not be construed to prevent the general assembly from imposing other restrictions and provisions in the creation of corporations. *** SEND *** *** SSTART 013.0 013.0 0 FL 1838 *** SEC. 13. The general assembly shall not pledge the faith and credit of the State to raise funds in aid of any corporation whatsoever. *** SEND *** *** SSTART 014.0 013.0 0 FL 1838 *** SEC. 14. The general assembly shall, at its first session, have power to regulate, restrain, and control all associations claiming to exercise corporate privileges in the State, so as to guard, protect, and secure the interests of the people of the State, not violating vested rights or impairing the obligation of contracts. *** SEND *** *** AEND *** *** ASTART 014.0 FL 1838 *** ARTICLE XIV AMENDMENTS AND REVISION TO THE CONSTITUTION *** SSTART 001.0 014.0 0 FL 1838 *** SECTION 1. No convention of the people shall be called unless by the concurrence of two-thirds of each house of the general assembly. *** SEND *** *** SSTART 002.0 014.0 0 FL 1838 *** SEC. 2. No part of this constitution shall be altered unless a bill to alter the same shall have been read three times in the house of representatives and three times in the senate, and agreed to by two-thirds of each house of the general assembly; neither shall any alteration take place until the bill so agreed to be published six months previous to a new election for members to the house of representatives; and if the alteration proposed by the general assembly shall be agreed to, at their first session, by two- thirds of each house of the general assembly, after the same shall have been read three times on three several days in each house, then, and not otherwise, the same shall become a part of the constitution. *** SEND *** *** AEND *** *** ASTART 015.0 FL 1838 *** ARTICLE XV THE SEAT OF GOVERNMENT *** SSTART 001.0 015.0 0 FL 1838 *** SECTION 1. The seat of government of the State of Florida shall be and remain permanent at the city of Tallahassee, for the term and time of five years from and after the end. of the first session of the general assembly to be holden under this constitution; and, after the expiration of the said five years, the general assembly shall have power to remove the seat of government from Tallahassee, and fix the same at any other point: Provided, That the general assembly shall. immediately after the expiration of ten years from the end- of the said first session thereof, fix permanently the seat of government. *** SEND *** *** AEND *** *** ASTART 016.0 FL 1838 *** ARTICLE XVI GENERAL PROVISIONS *** SSTART 001.0 016.0 0 FL 1838 *** SECTION 1. The general assembly shall have no power to pass laws for the emancipation of slaves. *** SEND *** *** SSTART 002.0 016.0 0 FL 1838 *** SEC. 2. They shall have no power to prevent emigrants to this State from bringing with them such persons as may be deemed slaves by the laws of any one of the United States: Provided, They shall have power to enact laws to prevent the introduction of any slaves who may have committed crimes in other States. *** SEND *** *** SSTART 003.0 016.0 0 FL 1838 *** SEC. 3. The general assembly shall have power to pass laws to prevent free negroes, mulattoes, and other persons of color, from immigrating to this State, or from being discharged from on board any vessel in any of the ports of Florida. *** SEND *** *** SSTART 004.0 016.0 0 FL 1838 *** SEC. 4. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his confession in open court. *** SEND *** *** SSTART 005.0 016.0 0 FL 1838 *** SEC. 5. Divorces from the bonds of matrimony shall not be allowed but by the judgment of a court, as shall be prescribed by law. *** SEND *** *** SSTART 006.0 016.0 0 FL 1838 *** SEC. 6. The general assembly shall declare by law what parts of the common law and what parts of the civil law, not inconsistent with this constitution, shall be in force in this State. *** SEND *** *** SSTART 007.0 016.0 0 FL 1838 *** SEC. 7. The oaths of officers, directed to be taken under this constitution, may be administered by any judge or justice of the peace of the Territory or State of Florida, until otherwise prescribed by law. *** SEND *** *** AEND *** *** ASTART 017.0 FL 1838 *** ARTICLE XVII SCHEDULE AND ORDINANCE In order that no inconvenience may arise from the organization and establishment of the State government, it is declared: *** SSTART 001.0 017.0 0 FL 1838 *** SECTION 1. That all laws or parts of laws now in force, or which may be hereafter passed by the governor and legislative council of the Territory of Florida, not repugnant to the provisions of this constitution, shall continue in force until, by operation of their provisions or limitations, the same shall cease to be in force, or until the general assembly of this State shall alter or repeal the same; and all writs, actions, prosecutions, judgments, and contracts shall be and continue unimpaired; and all process which has heretofore issued, or which may be issued prior to the last day of the first session of the general assembly of this State, shall be as valid as if issued in the name of the State; and nothing in this constitution shall impair the obligation of contracts, or violate vested rights, either of individuals, or of associations claiming to exercise corporate privileges in this State. *** SEND *** *** SSTART 002.0 017.0 0 FL 1838 *** SEC. 2. All fines, penalties, forfeitures, obligations, and escheats accruing to the Territory of Florida shall accrue to the use of the State of Florida. *** SEND *** *** SSTART 003.0 017.0 0 FL 1838 *** SEC. 3. All recognizances heretofore taken, or which may be taken before the organization of the judicial department under this constitution, shall remain valid, and shall pass over to, and may be prosecuted in the name of the State; and all bonds executed to the governor of the Territory of Florida or to any other officer, in his official capacity, shall pass over to the governor or other proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly; and all criminal prosecutions and penal actions which have arisen, or which may arise before the organization of the judicial depart- ment under this constitution, and which shall then be depending, may be prosecuted to judgment and execution in the name of the State. *** SEND *** *** SSTART 004.0 017.0 0 FL 1838 *** SEC. 4. All officers, civil and military, now holding their offices and appointments in the Territory under the authority of the United States, or under the authority of the Territory, shall continue to hold and exercise their respective offices and appointments until superseded under this constitution; and all actions at law or suits in chancery, or any proceeding pending, or which may be pending, in any court of the Territory of Florida, may be commenced in or transferred to such court of the State as may have jurisdiction of the subject-matter thereof. *** SEND *** *** SSTART 005.0 017.0 0 FL 1838 *** SEC. 5. This constitution shall be submitted to the people for ratification at the election for delegate on the first Monday of May next. Each qualified voter shall express his assent or dissent to the constitution by directing the managers of said election to write opposite to his name on the poll-book either the word "Constitution" or "No constitution." And in case the time of election for delegate be changed to any other day than the first Monday of May next, then the judges or clerks of the county courts respectively shall appoint managers to hold an election on the said first Monday of May, for ratification of the constitution; and said managers shall conduct said election in the manner provided by the laws of the Territory respecting elections, and make return of the result of such vote forthwith, by depositing the original poll-book in the clerk's office of their counties, respectively, and by transmitting a certificate of the result to the president of the convention, who shall forthwith make proclamation of the same; and in case the constitution be ratified by the people, and immediately after official information shall have been received that Congress have approved the constitution, and provided for the admission of Florida, the president of this convention shall issue writs of election to the proper officers, in the different counties, enjoining them to cause an election to be held for governor, Representative in Congress, and members of the general assembly in each of their respective counties. The election shall be held on the first Monday after the lapse of sixty-days following the day of the date of the President's proclamation, and shall take place on the same day throughout the State. The said election shall be conducted according to the then existing election laws of the Territory of Florida: Provided, however, That in case of the absence or disability of the president of the convention to cause the said election to be carried into effect, the secretary of this convention shall discharge the duties hereby imposed upon the president; and, in case of his absence or disability of the secretary, a committee consisting of five, to wit, Leigh Read, George T. Ward, James D. Westcott, jr., Thomas Brown, and Leslie A. Thompson, or a majority of them, shall discharge the duties herein imposed on the secretary of the convention and the members of the general assembly so elected shall assemble on the fourth Monday thereafter at the seat of government. The governor, Representative in Congress, and members of the general assembly shall enter upon the duties of their respective offices immediately after their election under the provisions of this constitution, and shall continue in office in the same manner, and during the same period, they would have done had they been elected on the first Monday in October. *** SEND *** *** SSTART 006.0 017.0 0 FL 1838 *** SEC. 6. The general assembly shall have power, by the votes of two thirds of both houses, to accede to such propositions as may be made by the Congress of the United States upon the admission of the State of Florida into the national confederacy and Union, if they shall be deemed reasonable and just, and to make declaration of such assent by law; and such declaration when made, shall be binding upon the people and the State of Florida as a compact; and the governor of the State of Florida shall notify the President of the United States of the acts of the general assembly relating hereto; and in case of declining to accede to such propositions, or any part thereof, the general assembly shall instruct the Senators and Representatives of the State of Florida in Congress to procure such modification or alteration thereof as may be deemed reasonable and just, and assent thereto, subject to the ratification of the general assembly by law as aforesaid. *** SEND *** *** SSTART 007.0 017.0 0 FL 1838 *** SEC. 7. The courts of this State shall never entertain Jurisdiction of any grants of land in the Floridas made by the King of Spain, or by his authority, subsequent to the twenty-fourth day of January, eighteen hundred and eighteen, nor shall the said courts receive as evidence in any case, certain grants said to have been made by the said King of Spain in favor of the Duke of Alagon, the Count Punon Rostro, and Don Pedro de Vargas or any title derived from either of said grants, unless with the express assent of the Congress of the United States. *** SEND *** *** AEND *** *** ASTART 9016.0 FL 1838 *** Done in convention, held in pursuance of all act of the governor and legislative council of the Territory of Florida, entitled "An act to call a convention for the purpose of organizing a State government," passed 30th day of January, 1838, and approved 2nd February, eighteen hundred and thirty-eight. ROBERT RAYMOND REID, President of the Convention. JOSHTTA KNOWLES, Secretary. *** AEND *** *** MSTART 001 002.0 004.0 0 FL 1838 1847 *** Ratified December 23, 1847 SECTION 2. The members of the House of Representatives shall be chosen by the qualified voters, and shall serve for the term of two years from and after the day of the first election under the amended Constitution, and no longer; and the sessions of the General Assembly shall be biennial, and commence on the fourth Monday in November in each and every second year, or at such other times as may be prescribed by law. [Note: This was Section 1 of an Act to amend Article IV of the Constitution] *** MEND *** *** MSTART 002 003.0 004.0 0 FL 1838 1847 *** Ratified December 23, 1847 SECTION 3. The Representatives shall be chosen on the first Monday in the month of October in each and every second year, from and after the first election under this amended Constitution, or on such other day as may be directed by law. [Note: This was Section 2 of an Act to amend Article IV of the Constitution] *** MEND *** *** MSTART 003 005.0 004.0 0 FL 1838 1847 *** Ratified December 23, 1847 SECTION 5. The Senators shall be chosen by the qualified electors for the term of four years, at the same time, in the same manner, and in the same place where they vote for members of the House of Representatives, and no person shall be a Senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State for two years next preceding his election, and the last year a resident of the District or County for which he shall be chosen, and shall have attained the age of twenty-five years. [Note: This was Section 3 of an Act to amend Article IV of the Constitution] *** MEND *** *** MSTART 004 006.0 004.0 0 FL 1838 1847 *** Ratified December 23, 1847 SECTION 6. The classification of Senators, as made at the first session of the General Assembly held in the year 1845, shall continue unchanged; one-half of whom, as nearly as possible, shall be chosen forever hereafter biennially for the term of four years: Provided, however, and it is hereby declared, that the term of office of that class of Senators unexpired at the first election under the amended Constitution, shall extend to, and expire on the first Monday in October, eighteen hundred and fifty. [Note: This was Section 4 of an Act to amend Article IV of the Constitution] *** MEND *** *** MSTART 005 019.0 004.0 0 FL 1838 1847 *** Ratified December 23, 1847 Be it further enacted, That the first election for Assemblymen, under this amended Constitution, shall take place on the first Monday in October, eighteen hundred and forty-eight; and the first session of the General Assembly, under this amended Constitution, shall commence on the fourth Monday in November, in the year eighteen hundred and forty-eight. [Note: This was Section 5 of an Act to amend Article IV of the Constitution. Since this section of the Act does not indicate a specific section of Article IV, it has been assigned the next consecutive section number, as if an addition to Article IV.] *** MEND *** *** MSTART 006 001.0 006.0 0 FL 1838 1847 *** Ratified December 23, 1847 SECTION 1. Every free white male person of the age of twenty-one years and upwards, and who shall be at the time of offering to vote, a citizen of the United States, and who shall have resided and had his habitation, domicile, home, and place of permanent abode in Florida for one year next preceding the election at which he shall offer to vote, and who shall, at such time, and for six months immediately preceding said time, have had his habitation, domicile, home and place of permanent abode in the county in which he may offer to vote, shall be deemed a qualified voter at all elections under this Constitution, and none others, except in elections by general ticket in the State or District prescribed law, in which cases the elector must have been a resident of the State one year next preceding the election, and six months within the election district in which he offers to vote: Provided, That no soldier, seaman or marine in the Regular Army or Navy of the United States, unless he were a qualified elector of this State previous to his enlistment as such soldier, seaman or marine in the Regular Army or Navy of the United States, or of the revenue service, shall be considered a resident of the State in consequence of being stationed within the same. [Note: This was Section 1 of an Act to amend Article VI of the Constitution] *** MEND *** *** MSTART 007 012.0 005.0 0 FL 1838 1848 *** Ratified December 12, 1848 SECTION 12. At the expiration of the present term of office of the Judges of the Circuit Courts, with the exceptions hereinafter mentioned, the Justices of the Supreme Courts and the Judges of the Circuit Courts shall be elected for a term of eight years, and shall hold their offices for that term, unless sooner removed under the provisions made in this Constitution for the removal of Judges, by address or impeachment: and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them on the address of two-thirds of the General Assembly: Provided, however, That the cause or causes shall be stated at length in such address, and entered on the journals of each house: And provided, further, That the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defence, before any vote for such removal shall pass; and in such cases, the vote shall be taken by yeas and nays, and entered on the journals of each house respectively. [Note: This was Section 1 of an Act to amend Article V of the Constitution] *** MEND *** *** MSTART 008 021.0 005.0 0 FL 1838 1848 *** Ratified December 12, 1848 Be it further enacted, That the Judges first appointed under this amended Constitution shall be divided by lot into four classes,--the first class shall hold his or their office or offices for the term of two years, the second for the term of four years, the third for the term of six years, the fourth for the term of eight years. [Note: This was Section 2 of an Act to amend Article V of the Constitution. Since this section of the Act did not indicate a specific section of Article V, it has been assigned the next consecutive section number, as if an addition to Article V.] *** MEND *** *** MSTART 009 011.0 005.0 0 FL 1838 1853 *** Ratified January 1, 1853 SECTION 11. On the first Monday in October, in the year one thousand eight hundred and fifty- three, and on the first Monday in October, every six years thereafter, there shall be elected by the qualified electors of each of the respective Judicial Circuits of this State, one Judge of the Circuit Court, who shall reside in the Circuit for which he may be elected, and continue in office for the term of six years from and after the first day of January next succeeding his election, unless sooner removed under the provisions made in this Constitution for the removal of Judges by address or impeachment: And for wilful neglect of duty or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them on the address of two-thirds of the General Assembly: Provided, however, That the cause, or causes, shall be stated at length in such address, and entered on the Journals of each House: And provided, further, That the cause, or causes, shall be notified to the Judge so intended to be removed; and he shall be admitted to a hearing in his own defence, before any vote for such removal shall pass; and in such cases, the vote shall be taken by yeas and nays, and entered on the Journals of each House, respectively. Be it further enacted, That said election shall be conducted, and the returns thereof made, in the manner now prescribed or which may here after be prescribed by law, for the election of member to Congress; and it shall be the duty of the Governor to issue a commission, under the seal of the State, to the person receiving the highest number of votes in the Judicial District in which the election is had. [Note: This was Sections 1 and 2 of an Act to amend Article V of the Constitution] *** MEND *** *** MSTART 010 022.0 005.0 0 FL 1838 1853 *** Ratified January 1, 1853 Be it further enacted, That whenever the General Assembly shall create a separate Supreme Court, or Chancery Court, under the provisions of this Constitution, the Judges thereof shall be elected in the manner provided in the first section of this act [refer to the amended Article V, section 11], and shall hold their offices for the same term, and be subject to all the provisions of said first section: Provided, however, That the Judges of the Supreme shall be elected by general ticket; and the Judges of the Chancery Court shall be elected by general ticket, or by Districts, as the Legislature may direct. [Note: This was Section 3 of an Act to amend Article V of the Constitution. Since this section of the Act did not identify a specific section of Article V, it has been assigned the next consecutive section number, as if an addition to Article V.] *** MEND *** *** MSTART 011 023.0 005.0 0 FL 1838 1853 *** Ratified January 1, 1853 Be it further enacted, That should a vacancy occur in either the Supreme, Chancery, or Circuit Court, by death, resignation, removal, or otherwise, it shall be the duty of the Governor to issue a writ of election to fill such vacancy, and he shall give at least sixty days notice thereof by proclamation, and the Judge so elected to fill such vacancy shall continue in office from the time he qualifies under his commission, which shall be issued immediately after the final canvass of the votes by which his election is determined: Provided, however, That should it become necessary to fill any such vacancy before an election can be held under the provisions of this Constitution, the Governor shall have the power to fill such vacancy by appointment, and the person so appointed shall hold his office from the date of his commission until his successor shall, be duly elected and qualified. [Note: This was Section 4 of an Act to amend Article V of the Constitution. Since this section did not identify a specific section of Article V, it has been assigned the next consecutive section number, as if an addition to Article V.] *** MEND *** *** MSTART 012 021.0 005.0 0 FL 1838 1853 *** Ratified January 1, 1853 Be it further enacted, That the second section of said act to amend the twelfth clause of the Constitution of this State, and adopted by the third and fourth General Assemblies as aforesaid, be and the same is hereby abolished; but it is hereby provided that the General Assembly shall, by the concurrent vote of the two Houses thereof, at its next regular session, elect some person to fill the vacancy which will occur by expiration of the term of office of that Judge who may draw the two- year term, under the provisions of said second section, which is hereinabove declared to be abolished. [Note: This was Section 5 of an Act to amend Article V of the Constitution. It amends an Act to amend Article V passed in 1848. The section this amendment specifies has been designated as Section 21 of Article V.] *** MEND *** *** MSTART 013 017.0 005.0 0 FL 1838 1853 *** Ratified January 1, 1953 SECTION 17. There shall be one Solicitor for each Circuit, who shall reside therein, and shall be elected by the qualified voters of such Circuit, on the first Monday in October in the year one thousand eight hundred and fifty-three, and every fours years thereafter, or at such times as the General Assembly may by law prescribe, and shall receive for his services a compensation to be fixed by law. Be it further enacted, That such elections shall be held and conducted, and the returns thereof made, in the same manner as is now prescribed by law, or may hereafter be prescribed by law, for the election of member to Congress from this State. [Note: This was Sections 1 and 2 of an Act to amend Article V of the Constitution] *** MEND *** *** CEND ***