ARTICLE VII.

SECTION 1. The members of the Senate and House of Representatives, the Chancellor, the Judges, and the Attorney-General shall, by virtue of their offices, be conservators of the peace throughout the State; and the Treasurer, Secretary, Prothonotaries, Registers, Recorders, Sheriffs, and Coroners shall, by virtue of their offices, be conservators thereof within the counties respectively in which they reside,

§ 2. The Representatives, and, when there shall be more than one, the Representatives of the people of this State in Congress, shall be voted for at the same places where Representatives in the Legislature are voted for, and in the same manner.

§ 3. [The Sheriff and Coroner of each county shall be chosen by the citizens residing in such county. They shall hold their respective offices for two years, if so long they behave themselves well, and until successors be duly qualified; but no person shall be twice chosen Sheriff upon election by the citizens in any term of four years. They shall be commissioned by the Governor. The Governor shall fill vacancies in these offices by appointments to continue until the next election, and until successors shall be duly qualified. The Legislature, two-thirds of each branch concurring, may vest the appointment of Sheriffs and Coroners in the Governor; but no person shall be twice appointed Sheriff in any term of six years.]

§ 4. The Attorney-General [Registers in Chancery], Prothonotaries, Registers, Clerks of the Orphan's Court and of the Peace, shall respectively be commissioned for five years, if so long they shall behave themselves well; but may be removed by the Governor within that time on conviction of misbehavior in office, or on the address of both Houses of the Legislature. Prothonotaries [Registers in Chancery], Clerks of the Orphans' Court, Registers, Recorders, and Sheriffs, shall keep their offices in the town or place in each county in which the [Superior] Court [is] usually held.

§ 5. Attorneys at law, all inferior officers in the the Treasury Department, election officers, officers relating to taxes, to the poor, and to highways, Constables and hundred officers, shall be appointed in such manner as is or may be directed by law.

§ 6. All salaries and fees annexed to officers shall be moderate; and no officer shall receive any fees whatever without giving to the person who pays, a receipt for them, if required, therein specifying every particular and the charge for it.

§ 7. No costs shall be paid by a person accused on a bill being returned ignoramus, nor on acquittal by a jury.

§ 8. The rights, privileges, immunities, and estates of religious societies and corporate bodies shall remain as if the Constitution of this State had not been altered. No [ordained] clergyman or [ordained] preacher of the gospel of any denomination shall be capable of holding any civil office in the State, or of being a Member of either branch of the Legislature while he continues in the exercise of the pastoral or clerical functions.

§ 9. All the laws of this State existing at the time of making this Constitution, and not inconstent with it, shall remain in force, unless they shall be altered by future laws; and all actions and prosecutions now pending shall proceed as if this Constitution had not been made.

§ 10. This Constitution shall be prefixed to every edition of the laws made by direction of the Legislature.

§ 11. The Legislature shall, as soon as conveniently may be, provide by law for ascertaining what statutes and parts of statutes shall continue to be in force within this State; for reducing them and all acts of the General Assembly into such order, and publishing them in such manner, that thereby the knowledge of them may be generally diffused; for choosing Inspectors and Judges of elections, and regulating the same in such manner as shall most effectually guard the rights of the citizens entitled to vote; for better securing personal liberty, and easily and speedily redressing all wrongful restraints thereof; for more certainly obtaining returns of impartial juries; for dividing lands and tenements in sales by Sheriffs, where they will bear a division, into as many parcels as may be without spoiling the whole, and for advertising and making the sales in such manner, and at such times and places as may render them most beneficial to all persons concerned; and for establishing schools, and promoting arts and sciences.

§ 12. [No property qualification shall be necessary to the holding of any office in this State, except the office of Senator in the General Assembly, and the office of Assessor, Inquisitor on lands, and levy Court Commissioner, and except such offices as the General Assembly shall by law designate.]

ARTICLE VIII.

Members of the General Assembly and all officers, executive and judicial, shall be bound by oath or affirmation, to support the Constitution of this State, and to perform the duties of their respective offices with fideiity.

ARTICLE IX.

The General Assembly, whenever two-thirds of each House shall deem it necessary, may, with the approbation of the Governor, propose amendments to this Constitution, and at least three, and not more than six, months before the next general election of Representatives, duly publish them in print for the consideration of the people; and if three-fourths of each branch of the Legislature shall, after such an election and before another, ratify the said amendments, they shall be valid to all intents and purposes as parts of this Constitution. No Convention shall be called but by the authority of the people; and an unexceptionable mode of making their sense known will be for them at a [special election on the third Tuesday of May in any year,] to vote by ballot for or against a Convention, as they shall severally choose to do; and if thereupon it shall appear that a majority of all the citizens in the State, having right to vote for Representatives, have voted for a convention, the General Assembly shall accordingly at their next session call a Convention, to consist of at least as many members as there in both Houses of the Legislature, to be chosen in the same manner, at the same places and at the same time that Representatives are by the citizens entitled to vote for Representatives, on due notice given for one month, and to meet within three months after they shall be elected. [The majority of all the citizens in the State having right to vote for Representatives shall be ascertained by reference to the highest number of votes cast in the State at any one of the three general elections, next preceding the day of voting for a Convention, except when they may be less than the whole number of votes voted both for and against a Convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or against a Convention; and whenever the General Assembly shall deem a Convention necessary, they shall provide by law for the holding of a special election for the purpose of ascertaining the sense of the majority of the citizens of the State entitled to vote for Representatives.]

SCHEDULE.

That no inconveniences may arise from the amendments of the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained as follows:

SECTION 1. The offices of the present Senate and Representatives shall not be vacated by any amendment of the Constitution made in this Convention, nor otherwise affected, except that the terms of the Representatives and the terms of the Senators which will expire on the first Tuesday of October in the year of our Lord one thousand eight hundred and thirty-two, are hereby extended to the second Tuesday of November in that year; and the terms of the Senators which will expire on the first Tuesday of October in the year of our Lord one thousand eight hundred and thirty-three, are hereby extended to the second Tuesday of November in that year; and the terms of the Senators which will expire on the first Tuesday of October in the year of our Lord one thousand eight hundred and thirty-four are hereby extended to the second Tuesday of November in that year.

The General Assembly shall meet on the first Tuesday of January next, and shall not be within the amended provision respecting biennial sessions, which biennial sessions shall commence with the session of the General Assembly on the first Tuesday of January in the year of our Lord one thousand eight hundred and thirty-three.

§ 2. The offices of the present Sheriffs and Corouers shall not be vacated by any amendment to the Constitution made in this Convention, nor otherwise affected, except that the term of office of the Sheriff of Sussex county is hereby extended to the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirtytwo, and until a successor be duly qualified; and on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, shall be the first election for Sheriff in Sussex county under this amended Constitution. And the term of the present coroner for Sussex county is hereby extended to the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty-four, and until a successor shall be duly qualified; and on the said last mentioned day shall be the first election for Coroner in Sussex county under this amended Constitution.

The terms of the present Sheriffs and Coroners for Kent county and New Castle county are hereby extended to the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty-three, and until successors to them respectively be duly qualified; and on or after the first Tuesday of November in the year of our Lord one thousand eight hundred and thirty-three, the Governor shall have power to appoint a Sheriff and a Coroner for New Castle county, and a Sheriff and Coroner for Kent county, to continue in office until the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-four, and until successors to them respectively be duly qualified. And on the said last mentioned day shall be the first election for Sheriff and for Coroner in New Castle county and in Kent county under this amended Constitution, unles a vacancy happen in the office of Sheriff or Coroner of New Castle or Kent county, or of coroner for Sussex county before the second Tuesday of November, in the year of our Lord one housand eight hundred and thirty-two; in which case an election shall be held on that day for a Sheriff or Coroner under this amended Constitution, in place of the Sheriff or Coroner whose office had become vacant.

§ 3. The first election for Representatives under this amended Constitution shall be held the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two; which shall be the commencement of biennial elections. At this election one Senator shall be chosen in each county for four years. Also at the biennial election to be held in the several counties on the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty-four, two Senators shall be chosen in each county for four years each. But as the term of one Senator in each county will expire on the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty-three, when no election will be held, to provide for this special case, a Senator shall be chosen in each county, at the election held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two for one year, to succeed the Senator for such county whose term will expire on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three and to continue in office until the second Tuesday in November, in the year of our Lord one thousand eight hundred and thirty-four, when two Senators shall be chosen in each county as afore-provided.

§ 4. The term of office of the present Governor shall not be vacated nor extended by amendment made to the Constitution in this Convention; but the said office shall continue during the original term thereof; but the ninth and fourteenth sections of the third article of this Constitution shall be immediately in force as amended. An election for Governor shall be held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two.

§ 5. This Constitution as amended, so far as shall concern the Judicial Department, shall commence and be in operation from and after the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two. All the courts of justice now existing shall continue with their present jurisdiction, and the Chancellor and Judges and the Clerks of the said courts shall continue in office until the said third Tuesday of January, in the year of our Lord one thousand eight hundred and thirtytwo; upon which day the said courts shall be abolished, and the offices of the said Chancellor, Judges, and Clerks shall expire. All writs of error and appeals and proceedings which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the High Court of Errors and Appeals, and all the books, records, and papers of said court shall be transferred to the Court of Errors and Appeals established by this amended Constitution; and the said writs of errors, appeals, and proceedings shall be proceeded in, in the said Court of Errors and appeals, to final judgment, decree, or other determination.

All suits, proceedings, and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Supreme Court, or Court of Common Pleas, and all books, records, and papers of the said courts shall be transferred to the Superior Court established by this amended Constitution, and the said suits, proceedings, and matters shall be proceeded in to final judgment or determination in the said Superior Court. All indictments, proceedings, and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Court of General Quarter Sessions of the Peace and Jail Delivery, shall be transferred to and proceeded in to final judgment and determination in the Court of General Sessions of the Peace and Jail Delivery established by this amended Constitution, and all books, records, and papers of said Court of General Quarter Sessions of the Peace and Jail Delivery shall be transferred to the said

Court of General Sessions of the Peace and Jail Delivery. All suits, proceedings, and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Court of Chancery or in the Orphans' Court, and all records, books, and papers of said courts respectively, shall be transferred to the Court of Chancery or Orphans' Court respectively, established by this amended Constitution, and the said suits, proceedings, and matters shall proceed into final decree, order, or other determination.

§ 6. The Registers' Courts and Justices of the Peace shall not be affected by any amendments of the Constitution made in this Convention; but the said courts and the terms of office of Registers and Justices of the Peace shall remain the same as if said amendments had not been made.

§ 7. The General Assembly shall have power to make any law necessary to carry into effect this amended Constitution.

§ 8. The provision in the twentieth section of the sixth article of this amended Constitution (being the thirtieth section of the sixth article of the original Constitution), of limitation of writs of error, shall have relation to, and take date from, the twelfth day of June, in the year of our Lord one thousand seven hundred and ninety-two, the date of said original Constitution.

9. The Governor shall have power to issue writs of election to supply vacancies in either House of the General Assembly that have happened or may happen.

§ 10. It is declared that nothing in this amended Constitution gives a writ of error from the Court of Errors and Appeals to the Court of Oyer and Terminer or Court of General Sessions of the Peace and Jail Delivery, nor an appeal from the Court of General Sessions of the Peace and Jail Delivery.

The acts of the General Assembly, increasing the number of Justices of the Peace, shall remain in force until repealed by the General Assembly; and no office shall be vacated by the amendment to this Constitution, unless the same be expressly vacated thereby, or the vacating the same is necessary to give effect to the amendments.

Done in Convention, the second day of December, in the year of our Lord one thousand eight hundred and thirty-one, and of the Independence of the United States of America, the fifty-sixth. In testimony whereof, we have hereunto subscribed our

names.

(Attest,) W. P. BROBSON, Secretary.
[Signed by twenty-seven delegates.]

CHARLES POLK, President.

CONSTITUTION OF FLORIDA. 1865.*

We, the People of the State of Florida, by our delegates in Convention assembled, in the city of Tallahassee, on the 25th day of October, in the year of our Lord 1865, and of the Independence of the United States the 90th year, 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 the following Constitution and form of Government in and for the said State.

*Florida was purchased from Spain, February, 22, 1819, and a Territory including East and West Florida was organized March 3, 1823. It presented a Constitution for admission February 20, 1839, and was admitted into the Union March 3, 1845. On the 10th of January, 1861, this State passed an Ordinance of Secession, which was annulled by the Convention that prepared the Constitution given in the text, on the 28th of October. 1865. This Convention met on the 25th of October, and closed their labors on the 27th of November of that year.

ARTICLE I.

DECLARATION OF RIGHTS.

That the great and essential principles of liberty and free government may be recog nized and established, we declare:

SECTION 1. That all freemen when they form a government, 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.

§ 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

§ 3. That all men have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience, and that no preference shall ever be given by law to any religious establishment or mode of worship in this State.

§ 4. That no property qualification for eligibility to office, or for the right of suffrage, shall ever be required in this State.

§ 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 be passed to curtail, abridge or restrain the liberty of speech or of the press.

§ 6. That the right of trial by jury shall forever remain inviolate.

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 nearly as may be, nor without probable cause, supported by oath or affirmation.

§ 8. That no freeman shall be taken, imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the law of the land.

§ 9. That 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.

§ 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 offense was committed; and shall not be compelled to give evidence against himself.

§11. That all persons shall be bailable by sufficient securities, unless in capital offenses, where the proof is evident, or the presumption is strong; and the habeas corpus act shall not be suspended unless, when in case of rebellion or invasion, the public safety may require it.

§ 12. That excessive bail shall in no case be required; nor shall excessive fines be imposed: nor shall cruel or unusual punishments be inflicted.

13. That no person shall, for the same offense, be twice put in jeopardy of life and limb.

§14. That private property shall not be taken or applied to public use, unless just compensation be first made therefor.

§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.

16. That no person shall be put to answer any criminal charge, but by presentment, indictment or impeachment, except in such cases as the Legislature shall otherwise provide; but the Legislature shall pass no law whereby any person shall be required to answer any criminal charge involving the life of the accused, except upon indictment or presentment by a Grand Jury.

17. That no conviction shall work corruption of blood or forfeiture of estate.

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.

§ 19. That no law impairing the obligation of contracts shall be passed.