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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 the 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.
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 thereto; 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.
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. Done in convention, held in pursuance of an act of the Governor and Le
gislative 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 2d February, eighteen
hundred and thirty-eight. In witness whereof, the undersigned, the president of said convention,
and delegates representing the people of Florida, do hereunto sign our names, this eleventh day of January, anno Domini eighteen hundred and thirty-nine, and of the independence of the United States of America the sixty-third year; and the secretary of said convention doth countersign the same.
ROBERT RAYMOND REID, President.
E. Carrington Cabell,
John C. McGehee,
Joseph B. Watts,
Wm. B. Hooker,
George E. McClellan,
John F. Webb,
E. K. White,
A. W. Crichton,
Jose Simeon Sanchez,
Edwin T. Jenckes,
W. H. Williams,
J. B. Brown,
JOSHUA KNOWLES, Secretary.
(No. 46.)–AN ACT to take the sense of the people of this Territory on the policy and pro.
priety of becoming a State.
Section 1. Be it enacted by the Governor and Legislative Council of the Territory of Florida, That, at the next election for delegate to Congress for this Territory, it shall be the duty of the judges or inspectors of the election aforesaid, at every place or precinct where any such elec, tion may be held, to put the question to every voter who may present himself to vote, whether said voter wishes a State or Territorial Government; and the judges aforesaid, if he shall answer, shall, before any ballot is put into the box, write on the back of every ballot the answer of the voter presenting the same-State or Territory-as his answer may be; after which, the ballot shall be put into the box; and the judges of any such election shall, when they count over the votes, specify and set forth, in their certificate of the election held by them, to the Governor, how many votes were given for a State, and how many for a Territory; and the Governor shall, in his proclamation of the election, declare how many, votes were for a State, and how many were for a Territory.
Sec. 2. Be it further enacted, That it shall be the duty of the sheriff of every county in this Territory to ascertain, by the first day of June next, the number of inhabitants, male and female, white, black, and colored, which may be in the several counties; and the sheriff of every county aforesaid shall immediately thereafter transmit, in triplicate, to the treas. urer of the Territory, a certified copy of the number of persons found in the several counties, in the manner before mentioned ; and the treasurer shall report to the next Legislative Council, in the first week of its session,
The election shall be held on the first Mondse and female, white, black, days following the day of the date of the Pr, sheriffs of the several counshall take place on the same day throughov ouncil shall order such comshall be conducted according to the thenties, for performing the services Territory of Florida ; provided, howevjem, as the Council may deem readisability of the president of the ccp-quarters of one cent per head; and be carried into effect, the secretary ail to perform the duties herein preduties hereby imposed upon the such sheriff and his securities shall forfeit disability of the secretary, a ce and dollars, for the use of the Territory, to Read, George T. Ward, Jar of any court of competent jurisdiction; and Leslie A. Thompson, or a ned to employ, in the execution of the duties herein imposed on the ser them, their deputies, legally sworn according the General Assembly, s v. thereafter at the seat o f Congress, and memb duties of their resp the provisions of manner, and du 6-ÁN ACT for the taking of a census of Florida. been elected or the
toa. 6. The Ge y by the Governor and Legislative Council of the Terriof both H
That the Governor is hereby authorized and directed, Congress rter the final passage of this act, to appoint any number of into the ay think expedient, in the several courties of this Territory, ble an
t shall be, on or before the first day of April next, to take a declay fase he inhabitants, including and setting forth the number of white Flor laves, and free persons of color, in their respective counties; and not ns so appointed, before entering on the duties contemplated by
shall make oath, before a judge or jnstice of the peace, faithfully, v, and truly to take the census in their respective limits; and the ersons thus appointed are authorized to appoint one or more depuvho shall also be sworn to a like performance of their duties; and it reby required that certified returus of the census, as taken, shall be de to the Governor and Secretary of the Territory, on or before the
day of May next, and a certified copy thereof be filed in the county burt clerk's office of the county where the census is taken.
SEC. 2. Be it further enacted, That the persons in each county whose returns of the census shall be received at the executive office on or before the first day of May next shall receive, as compensation for the duties herein required, five cents per head on each inhabitant in their respective limits.
Sec. 3. Be it further enacted, That the treasurer of the Territory is hereby authorized and directed to pay to the several persons appointed under this act, the amount due to each for the services rendered as herein required, upon the certificate of the Governor that the services have been performed.
Passed 22d January, 1838. Approved 26th January, 1938.
ST. JOSEPH, December 10, 1838. SIR : I have the honor to transmit to the convention an abstract of the census returns of the Territory of Florida, in pursuance of the resolution passed on the 7th instant.
Respectfully, yours, &c.,
JOHN P. DUVAL,
Secretary and acting Governor. Hon. ROBERT RAYMOND Reid,
President of the Convention of Florida.
I certify that the above is a true copy of the census returns in the Executive and Secretary's offices.
JOHN P. DUVAL,
[No. 16.] AN ACT to call a convention for the purpose of organizing a State Government.
Sec. 1. Be it enacted by the Governor and Legislative Council of the : Territory of Florida, That an election shall be held in the several counties of this Territory on the second Monday of October next, under the
regulations and restrictions hereinafter imposed, for members of a copyention to devise and adopt the most efficient, speedy, and proper measures for the formation and establishment of an independent State Government for ihe people of Florida, and to form and adopt a bill of rights and con. stitution for the same, and all needful measures preparatory to the admission of Florida into the national confederacy.
Sec. 2. Be it further enacted, That the apportionment of members to the said convention shall be as follows: In the niiddle district, the county of Leon shall be entitled to eight members; the county of Gadsden to four members; the county of Jefferson to four members; the county of Madison to two members; the county of Hamilton to two members. In the eastern district, the county of St. John's shall be entitled to four members; the county of Duval to three members; the county of Columbia to three members; the county of Alachua to three members; the county of Nassau to two members; the county of Mosquito to one member; and the county of Hillsborough to one member. In the southern district, the county of Monroe shall be entitled to two members; the county of Dade to one member. In the western district, the county of Jackson shall be entitled to four members; the county of Escambia to four members; the county of Walton to two members; the county of Washington to two members; the county of Franklin to two members; and the county of Calhoun to two members.
Sec. 3. Be it further enucled, That it shall be the duty of the judges or clerks of the county court of the several counties to advertise said election at least Ibirty days before the second Monday in October next, and to appoint inspectors thereof, who shall be sworn to conduct said election in the manner and form as prescribed for members to the Legislative Council, not contrary to the provisions of this act; and the inspectors so appointed shall seal up and transmit the returns of said election, within ten days thereafter, to the Governor of the Territory, at Tallahassee, to be laid before the convention; and that they shall, within thirty days, file with the clerks of their respective counties a copy thereof.
Sec. 4. Be it further enacted, That the Governor of the Territory shall announce by proclamation the names of the persons elected to said convention, and, in case the returns from any county shall not be completed by that day, as soon thereafter as practicable; and in case of a tie, a new election is to be orde.ed by the judges or clerks of the county court, giving five days' notice thereof, under qualified inspectors appointed for said spe. cial election.
Sec. 5. Be it further enacted, That said convention shall be held on the first Monday of December next, at the city of St. Joseph.
Sec. 6. Be it furiher enacted, That two-thirds of said convention shall be necessary to constitute a quorum ; and that the said convention shall determine upon the returns and qualifications of its meinbers; and shall have and exercise all the rights, privileges, and immunities, incident to such bodies; and may adopt such rules and regulations for its government as a majority thereof may direct; and provided two-thirds of said convention do not assemble on the day appointed therefor, a less number is authorized to adjourn from day to day.
Sec. 7. Be it further enacted, That in case of the death, resignation, or non-attendance of any delegate chosen from any district of the Territory, the delegation present from such district thus partially represented