Conf Pam #476 
 
CONSTITUTION 
 
 OS 
 
 FORM OF GOVERNMENT 
 
 F O K T n K 
 
 PEOPLE OF FLORIDA, 
 
 AS REVISED AND AMENDED 
 
 At a Convpijjtion of the People begun and holdex at thi 
 City of Talt,.\hassek on the Tiiiud day of January, 
 
 A. D. 1861, 
 
 TOGETHER WITH THE ORDINANCES 
 
 ADOPTED BY SAID CONVENTION. 
 
 Callaljassw : 
 
 OFFICE OF THE FLORIDIAN AND JOURNAL 
 
 PRINTED BY DYKE & CAELI8LK. 
 1861. 
 
Digitized by tine Internet Arciiive 
 in 2010 witii funding from 
 Duke University Libraries 
 
 littp://www.arcliive.org/details/constitutionorfoOOflor 
 
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 CONSTITUTION 
 
 i) K 
 
 FORM 01^^ OOYEll^AIENT 
 
 I'Oi: 11 IK 
 
 PEOPLE OF FLORIDA, 
 
 AS REVISED AM) AMENDED 
 
 A I A C'oNVKNTKiN OF TlIK PkoI'LK I!K(;iN AND IKU.UKN A'l' I'HK 
 
 Cvv\ uv Taii.amasske, ox Tin: THiin) day ov Januaky, 
 
 A. D. 1861. 
 
 ORDINANCE OF SECESSION. 
 
 We, the People of the State of Florida, in Convention as.seni- 
 bled, do solemnly ordain, i)ul)lisli and declare, that the State of 
 Florida hereby withdraws herself from the Confederacy of States 
 existing; mider the name of the United States of America, and 
 from the existing government of said States ; and that all politi- 
 cal coimection between her and the government of said Stat(^ 
 ought to be and the same is hereby totally annulled and said 
 Union of States dissolved, and the State of Florida is hereby de- 
 clared a sovereign and independent Nation ; and that all ordi- 
 nances heretofore adopted, in so far as they create or recognize' 
 said Union, arc rescinded, and all laws or parts of laws in force 
 in this State, in so far as they recognize or assent to said Union, 
 be and they are hereby repealed. 
 
 Dono in open Convention, January 10th, 18G1. 
 
 
ARTICLE I. 
 
 DECLARATION OF KIGHTS. 
 
 That the great and essential principles of liberty and free gov- 
 ernnieut may he recognized and established, we declare : 
 
 1. That all freemen, when they form a social conij)act, art- 
 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. 
 
 2. That all political power is inlierent 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 inahenable 
 and indefeasible right to alter or abolish their form of govern- 
 ]nent, in such manner as they may deem expedient. 
 
 3 That all men have a natural and inalienable right to worshi]» 
 Almighty God according to the dictates of their own conscience; 
 and that no preference shall ever be given bylaw to any reUgious 
 establishment or mode of Avorship in this State. 
 
 4. That all elections shall be free and equal; and that no pro]»- 
 erty qualification for eligibiUty to ofiice, or for the right of suf- 
 frage. 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 laAV shall ever be passed to curtail, abridge, or 
 restrain the liberty of speech or of the press. 
 
 0. That the right of trial by jury shall forever remain inviolate. 
 
 7. That the people shall be secure in their persons, houses, pa- 
 pers, and possessions, from unreasonable seizures and searches : 
 and that no warrant to search any })lace, 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, not 
 without probable cause, supported by oath or affirmation. 
 
 8. That no freeman shall be taken, imprisoned or disseized oi' 
 his freehold, liberties, or outlawed or exiled, or in any manner 
 destroyed or deprived of IiLs life, liberty, or property, but by the 
 law of the land. 
 
 9. That all Courts shall be open, and every person, for an in- 
 jury done him, in his lands, goods, person or reputation, shall 
 nave remedy by due course of la\v; aiul right and justice admin- 
 istered 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 na- 
 ture and cause of the accusation; to be confronted with the wit- 
 nesses against him; to have compulsory ])rocess for obtaining 
 witnesses in his iavor; and in aU prosecutions by indictu'ient or 
 
presentment, a speedy and public trial by au impartial jury of 
 the county or district Avhcre the offence was committed ; and 
 >^hall not be compelled to give evidence against himself. 
 
 1 1 . That all ])ersons shall be bailable, by sufficient securities, 
 unless in cai)ital offences, where the proof is evident, or the pre- 
 «;umptiou is strong; and the privilege of habeas corpus shall not 
 I)e suspendeil unless, Avhen, in case of rebellion or invasion, the 
 public safety may require it. 
 
 J 2. That excessive bail shall in no case l»e required; nor shall 
 excessive fines be imjiosed; nor shall cruel or unusual punis'n- 
 ments be inflicted. 
 
 13. That no person shall, for the same offence, be twice put in 
 jeopardy of life or limb. 
 
 14. That j)rivate i)roperty shall not be taken or applied t.o 
 public use, unless just com])eusation be made thereior. 
 
 1.1. That in all prosecutions and indirtments for liViel, the truth 
 nuiy be given in evidence; and if it shall ap})ear to the jury that 
 the libel is true, and juiblished Avith good motives and for justi- 
 fiable ends, the truth shall be a justiflcation ; and the jury shall 
 be the judges of the law and the facts. 
 
 iO. That no ])crson shall be ])ut to answer any criminal charge, 
 but by ])resentment, indiftment or impeachment. • 
 
 17. That Tio conviction shall work corruption of blood or'for- 
 {■(•itui-c of estate. 
 
 18. That retrospective laws, punishing acts committed before 
 the e.\i>tence of such laws, and l)y them only declared ])enal or 
 criminal, are op])ressive. unjust, and incompatible with liberty; 
 wherefore, no f.i' post fnifi, law shall ever be made. 
 
 1 0. That no law impairing the obligation of contracts shall ever 
 bt^ passed. 
 
 20. That the ]>eo|)le have a riglit in a jieaceable manner to as- 
 «ii'mble together to consult for the common good; and to apply 
 to those invested with the powers of government, foi* redress ol 
 grievances, or otiier pro])er jun'poses, 1>y ])etition, address or 
 remonstrance. 
 
 21. That the free white men ot' this St:Ue sh:ill have the right 
 to kee]i auil to bear arms for their ccjunuon defence. 
 
 22. That no soldier in time of jteace shall be (puirtered hi any 
 iiouse without the consent of the owner; noi" in tinu' of war but 
 in a manni'r ))rescribed V»v law. 
 
 23. Th.at no staiuling army shall l)e kept uji without the con- 
 >^ent of the Legislature ; and the military shall, in all cases .and 
 at all times, be in strict subordination to the civil power. 
 
 2\. That perpetuities and monopolies are contrary to the genius 
 «>f a free State, and ought not t<» be allowed. 
 
 2,"). That no hereditary emoluments, ])rivileges or honors sh.ill 
 ever l)o jjranled or conferred in thi« State. 
 
liO. That: treqneiit recurrence to fundamental principles is :\h- 
 P' (Intely necessary to preserve the blessings of liberty. 
 
 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 ])Owers of government and shall forever re- 
 main inviolate- ; and that all laws contrary thereto, or to the 
 following yirovisions, shall be void. 
 
 ARTICLE II. 
 
 DlSTiaiJUTIO-N OF THK I'OWKKS OF (iOVKUN.MKN'l . 
 
 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 Avhich are Executive to 
 another ; and those which are Judicial to another. 
 
 2. No person or collection of persons, being one of those de- 
 partments, shall exercise any power properly belonging to either 
 of the others, except in the instances expressly provided for in 
 this Constitution. 
 
 ARTICLE III. 
 
 EXECUTIVE DEPARTMENT. 
 
 ■J. Tln' Supreme Executive power shall be vested hi a Chief 
 Magistrate, Avho shall be styled the Governor of the State of 
 Florida. ' • 
 
 2. The Governor shall be elected for two years, by the quali- 
 fied electors, at the time and place Avhere they shall vote foi' 
 Representatives, and shall remain in office until a successor be 
 chosen and qualified. The first election for Governo)- shall be 
 held on the first Monday in October, 1865. 
 
 3. No person shall be. eligible to the oflice of Governcjr unless 
 he shall have attained the age of thirty years, and shall have 
 been a citizen of Plorida at least five years next preceding the 
 day of election. 
 
 4. The returns of every election for Governor shall l)e sealed 
 up and transmitted to the seat of government, directed to the 
 Speaker of the House of Representatives, who shall, during the 
 first Aveek of the session, open and publish them in the presence 
 of both houses of the General Assembly, and the person having 
 tlie 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 botb 
 Houses of the General Assembly, in such manner as shall be 
 prescribed by law. 
 
5. He shall at stated times receive a compensation for his ser- 
 vices, which shall not be increased or diminished dnring- the 
 term for which he shall have been elected. 
 
 G. He shall be Commander-in-Chief of the army and navy of 
 this State, and of the militia thereof. 
 
 7. He may require information in writing from the officers oi" 
 the Executive Departments on any subject relating to the duties 
 of their respective offices. 
 
 8. He may, by ])roclamation, on extraordinary occasions, con- 
 vene the General Assembly at the seat of Government, or at a 
 different place, if that shall have become dangerous from an 
 I'nemy, 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 })roper, not beyond 
 the day of the next meeting designated by this Constitution. 
 
 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 he may deem expedient. 
 
 10. He shall take care that the laAvs be faithfully executed. 
 
 11. In all criminal and penal cases, (except of treason and im- 
 peachment) after conviction, he shall have power to grant re- 
 prieves and i)ardons, and remit fines and forfeitm-es, under such 
 rules and regulations as shall be prescribed by law ; and in cases 
 of treason he 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 tlu- 
 end of the next session of the General Assembly. 
 
 12. There shall be a seal of the State, which shall be kept by 
 the Governor, and used by him officially. 
 
 13. All commissions shall be in the name and by the au- 
 thority of the State of Florida, be sealed with the State seal 
 and signed bv the Governor, and attested by the Secretary of 
 State.' 
 
 .14. There shall be a Secretary of State appointed by joint 
 vote of both Houses of the General Assembly, who shall con- 
 tinue in office during the term of two years ; and he shall keej) 
 a fair register of the official acts and proceedings of the Gover- 
 nor, and shall, when required, lay the same and all papers, minutes 
 and vouchers relative thereto, before the General Assembly, and 
 shall ])erform such other duties as may be required of him by 
 law. 
 
 15. Vacancies that happen in offices, the appointment to which 
 is vested in 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 grant- 
 ing commissions, which shall expire at tlie end of the next 
 session. 
 
16. Every bill which shall have passed both Houses of tlie 
 (Tcneral Assembly, sliall be presented to the Governor; if he 
 approve, he shall sign it ; but if not, l»e shall return it with his 
 objections to tlie House in Avhich it shall have originated, who 
 shall enter the objections at large upon the journals, and pro- 
 ceed to reconsider it ; and if after such reconsideration two-thirds 
 of the whole nunilier elected to that House shall agree to pass 
 the bill, it shall be sent with the objections to the other House, 
 liy which it shall likewise be reconsidered ; and if approved by 
 two-thirds of the whole )nnnl)er elected to that House, it shall 
 Ijecome 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 on the journals of each House 
 respectively ; and if any bill shall not be returned by the Gov- 
 ernor within five days (Sundays 'excepted) after it shall have 
 been presented to him, the same shall be a laAV in like manner 
 as if lie had signed it, unless the General Assembly, by theii- 
 adjournment, ])revent its retm-n, in which case it shall not be a 
 law. 
 
 I 7. Every order, resolution or vote, to which concurrence of 
 both Houses may be necessary, except on questions of adjourn- 
 ment, shall be presented to the Governor, and before it shall take 
 effect, be approved by him, or being disapproved, be re-passed 
 by both Houses, according to the rules and limitations jirescribed 
 in case of a bill. 
 
 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 trt 
 fill such vacancy; oi-, until the Govei'iior absent, oi- iiiipeached, 
 >l)all return or be acquitted. 
 
 19. If, during the vacancy of the office of (Governor, the Presi- 
 dent of the Senate shall be impeached, removed from office, re- 
 fuse to qualify, resign, die or be absent from the State, the Speaker 
 of the House of Ke]>resentatives shall in like jnanner administer 
 the Government. 
 
 •JO. The President (jf the Senate or Speaker of the House of 
 flepresentatives, during the time he administers the government, 
 shall receive the same c()mpensation which the Governor would 
 have received. ^ 
 
 21. It shall be the duty of the General Assembly to ])rovide 
 for the ]»urchase or erection of a suitable building for the resi- 
 dence of the Governor ; and the Governor shall reside at the seat 
 'if government. But whenever by reason of danger from an 
 enemy, or from disease, the Governor may deem the capital un- 
 
safe, he may by proclamation fix the seat of government at some 
 secure place Avithin tlie State, tmtil such danger cease. 
 
 22. No person shall -hold the office of Governor and any other 
 office or commission, civil or military, either in this State, or 
 under tlie Confederate States, or any other power, at one an<l 
 the same time, except the President of the Senate, or the Speaker 
 of the House of Representatives, when lie shall hold the office as 
 aforesaid. 
 
 23. A State Treasurer and Comptroller of ]*ublic Accounts 
 shall be elected cA'cry tAvo years by joint A'ote of both Houses of 
 tJie General Assembly. 
 
 ARTICLE JV. 
 
 I.KGI.SI.ATIA'K UKPARTMEXr. 
 
 1. The Legislative poAver of this State shall be vested in two 
 distinct branches, tlie one to be styled the Senate, the other the 
 House of RepresentatiAc.s, and both together the "General As- 
 sembly of the State of Florida," and the style of all the hiAvs shall 
 be, " Be it enacted by the Senate and House of Representatives 
 of the State of Florida in General Assembly convened." 
 
 2. The members of the House of Rc{)resentatives shall he cho 
 sen by the qualified A'oter.s, and .shall serve for the term of tAvo 
 years from and after the day of the first election imder this amen- 
 ded Constitution, and no longer; and the sessions of the General 
 Asseml)ly shall be annual, and commence on the third Monday 
 m Xovember in each year, or at such other times as may be j>re- 
 scribed by laAv. 
 
 3. The Representatives shall be t-hosen on the first ^londay 
 in October, each and every second year, from and after the first 
 election under this amended Con.stitution, or on su<'h other <lay 
 as may be directed by laAV. 
 
 4. The first election for Assemblymen under this Constitution, 
 shall take place on the first ^fond.'iy in October, eighteen hun- 
 dred and sixty-two; and the first session of the (ieneral Assem- 
 bly, un<ler this amended Constitution, shall commence on the 
 third Monday in Xovember, in the year eighteen hundred and 
 >^ixty-two. 
 
 5. Xo ])erson sIi.mII be a Represe))tative unless he be a white 
 man, a citizen of the Confederate States of America, and shall 
 have lieen an inhabitant of the State two years next preceding 
 his election, and the last year thereof a resident of the county for 
 which he shall be chosen, and shall liave alt:iined the age of 
 tAventy-one years. 
 
 a. 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 places where they vote for mcnibfrs of the House 
 
10 
 
 of Representatives ; and no man shall be a Senator unless he he 
 a white man, a citizen of the Confederate States, and shall liave 
 been an inhabitant of this State two years next preceding his 
 election, and the last year thereof a resident of the district or 
 county for which he shall be chosen, and shall have attained the 
 age of twenty-five years. 
 
 7. The House of Representatives, when assembled, shall choose 
 a Speaker 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 laAv. 
 
 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 man- 
 ner and under such penalties as each House may prescribe. 
 
 9. Each House may determine the rules of its OAvn proceedings, 
 punish its members for disorderly behavior, and, Avith the con- 
 sent of two-thirds, expel a member, but not a second time for the 
 same cause. 
 
 10. Each House, during the session, may punish by impiison- 
 luent any person not a member, for disrespectful or disorderly 
 behavior in its presence, or for obstructing any of its proceed- 
 ings, provided such imprisonment shall not extend beyond the 
 end of the session. 
 
 11. Each House shall keep a journal of its proceedings, and 
 cause the same to be published immediately after its adjourn- 
 ment ; 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 lib- 
 erty to dissent from or protest against any act or resolution Avhich 
 lie may think injurious to the public or an individual, and have 
 the reasons of his dissent entered on the journal. 
 
 12. Senators and Representatives shall, in all cases, except 
 treason, felony or breach of the peace, be privileged from arrest 
 dui-ing 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. 
 
 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. 
 
 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 secresy. 
 
 . 15. Neither House shall, without the consent of the other. 
 
11 
 
 adjourn for more tlian three days, nor to any other place than 
 that in which they may be sitting. 
 
 16. Bills may originate in either House of the General Assem- 
 bly, 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 dis- 
 cussion 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 hav- 
 ing passed both Houses, shall be signed by t!ie Speaker and 
 President of their respective Houses. 
 
 1 7. Plach member of the General Assembly shall receive from 
 the i)ublic treasury such compensation for his services as may be 
 fixed by la^^^ but no increase of compensation shall take effect 
 during the term for which the Representatives were elected 
 when such law was passed. 
 
 18. The number of mcml)ers of the House of Representatives 
 shall never exceed sixty. 
 
 19. The sessions of the General Assembly shall not extend in 
 duration over thirty days, unless it be deemed expedient by a 
 concurrent majority of two-thirds of the members of each House, 
 and no member shall receive pay from the State for his services 
 after the expiration of sixty days continuously from the com- 
 mencement of the session. 
 
 20. The General Assembly may by laAv authorize the Circuit 
 Court to grant licenses for building toll-bridges and to establish 
 ferries, and to regulate the tolls of both, to construct dams across 
 streams not navigable, to ascertain and declare what streams are 
 navigable ; but no special law for such purjiose shall be made. 
 
 21. The General Assembly shall ])ass a general law prescrib- 
 ing the maimer in which names of persons may be changed, but 
 no special law for such j)urpose shall be passed; and no law shall 
 be made allowing married women or minors to contract or to 
 nianage their estates, or to legitimate bastards. 
 
 22. The General Assembly shall have power to tax the lauds 
 and slaves of non-residents higher than the like property of 
 residents. 
 
 23. The public lands accruing to the State in consequence oi" 
 the dissolution of the late Union between Florida and the United 
 States, shall l)e applied exclusively to the payment of the debt 
 and necessary expenses of the State, and no laAv shall be passed 
 granting such lauds for any other purpose. 
 
 24. The General Assembly shall pass a general law for the in- 
 corporation of towns, religious, literary, scientific, benevolent, 
 military and other associations, not commercial, industrial or 
 financial, but no special act incorporating any such associations,^ 
 «hall be passed. 
 
12 
 
 25. No act incorporatiiiy; any railroad, UankiiiL!,', insurance, 
 cominercial, industrial, or financial corporation, shall be intro- 
 duced into the General Assembly, unless the person or persons 
 applying for such incorporation shall ha\'e deposited with the 
 Treasurer the sum of one hundred dollars as a bonus to the 
 State. 
 
 26. Officers shall be removed from office for iiica})acity, mis- 
 conduct, or neglect of duty ; and Avhere no special mode of trial 
 is provided by the Constitution, the (4eneral Assembly shall pass 
 a law providing* the mode in which such trials shall be had, 
 Avhich shall be before a jury and in the Circuit Court. 
 
 27. The General ^Vssembly shall have power to create s])ecial 
 tribunals for the trial of offences committed by slaves, free ne- 
 groes and mulattoes ; and until the General Assembly otherwise 
 provides, there is hereby created a Court in each county, Avhich 
 shall consist of two Justices of the l^eace, and t^velve citizens, 
 being qualitied Jurors of the comity, who shall have power to 
 try all cases of felony committed in their county by slaves, free 
 negroes and mulattoes. A majority of said Court may pronounce 
 judgment, and all trials before it shall be had upon the statement 
 of the offence in the Avarrant of arrest, and without presentment 
 or indictment by a Grand Jury. The Slieriff of the county shall 
 act as the ministerial officer of said Court, and the citizens Avho, 
 with the Justices, are to compose the same, shall be sselected by 
 said Justices and suimnoned to attend by the Sheriff; aiid a]i- 
 peals from the judgment of said Court shall be had to the Cir- 
 cuit Court of the county u])on an order made by the Jitdge 
 thereof, upon an inspection of the record of the trial, full minutes 
 of which shall be made by the said Justices, and such appeal, 
 when allowed, shall ojjerate as a supei'sedeas of the judgment. 
 
 ARTICLE V. 
 
 .irDICIAL J^EPAl^TMKNT. 
 
 1. The Judicial power of this State, both as to matters of law 
 and equity, shall be vested in a Supreme Couit,. Courts of Chan- 
 cery, Circuit Courts and Justices of the Peace, provided the Gener- 
 f ral Assembly may also vest such criminal jurisdiction as may 
 be deemed necessary incorporation Courts; but such jurisdic- 
 tion shall not extend to capital offences. 
 
 2. The Supreme Court, except in cases otherAvise directed in 
 this Constitution, shall have appellate jurisdiction only, which 
 shall be co-extensi\'e Avith the State, under such restrictions and 
 regulations, not re})Ugnant to this Constitution, as may from time 
 to time be prescribed by law, provided that the said Court shall 
 ahvays have poAver to issue Avrits of injunction, mandamus, quo 
 Avarranto, habeas corpus, and snch othei- remedial and original 
 
■writs as niay be necessary to give it a general sni)erintendence 
 nnd control of all other Courts. 
 
 3. The Supreme Court, when organized, shall be holden at such 
 times and places as may he ]»rovided by law. 
 
 4. The State shall be divided into convenient Circuits ; and for 
 each Circuit there shall be a Judge, who shall, after his election 
 or appointment, reside in the Circuit fgr which he has been elec- 
 ted or aj>pointed, and shall at stated times receive for his servi- 
 ces 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 perquis- 
 ites of office, nor hold any other office of jirofit under tlie State, 
 the Confederate States, or any other jtower. 
 
 5. The Circuit Courts shall have original jurisdiction in all 
 matters, civil and criminal, within this State, not otherwise ex- 
 cepted in this Constitution. 
 
 6. A Circuit Court shall be held in sucli counties and at such 
 times and places therein as may be ]i>escril)ed by law, and the 
 judges of the several Circuit Courts may hold cfjurts for each 
 other, and shall do so when directed by law. 
 
 7. The General Assembly shall have power to establish and 
 firganize a separate Court or Courts of <iriginal Equity jurisdic- 
 tion ; but until such Court or Courts shall be established and 
 organized, the Circuit Courts shall exercise such jurisdiction. 
 
 8. The General Assembly shall provide bylaw for the ajjpoint- 
 meut in each County of an officer to take jjrobate of wills, to 
 grant letters testamentary, of administration and guardianship, to 
 attend to the settlement of the estates of decedents, and of mi- 
 nors, and to discharge the duties usually appertaining to courts of 
 ordinary, sul»jeot to the direction and suj)ervision of the Courts 
 of Chancery, as may be provided by law. 
 
 9. A competent mimber of Justices of the Peace shall be, from 
 time to time, a])pointed or elected, in and for each County, in 
 such mode and for such term of office as the General .Vssembly 
 may direct, and shall possess such jurisdiction as may be j^re- 
 scril)ed by law; and in cases tried before a Justice of the Peace, 
 the right of appeal shall be secured, under such rules and regula- 
 tions as may be prescribed by law. 
 
 10. Judges of the Supreme Court, Chancellors, and Judges of 
 the Circuit Court, shall Ije ap])ointed by the Governor, ])y and 
 with the advice and consent of two-thirds of the Senate, when in 
 session, and hold office for the term of six years from the date of 
 their appointment, miless sooner removed under the provisions 
 made in this Constitution for the removal of Judges by address 
 or inf^>eachment : and tor wilful neglect of duty or other reason- 
 able cause, Avhich shall not be sufficient ground for impeachment, 
 the Governor ^liall remove anv of them c>n the address of two- 
 
14 
 
 thirds of the General Assembly : J'rorided, hoiret'cr, 'fliat the 
 cause or causes sliall be stated at length in such address, and en- 
 tered on the journals of each House: And j^^'ovided further. 
 That the cause or causes shall be notified to the Judge so inten- 
 ded to be removed, and he shall be admitted to a hearing in his 
 own defence before any vote for such removal shall pass, and ui 
 such cases the vote shall ,be taken by yeas and nays and entered 
 on the journals of each House respectively. 
 
 11. Whenever the General Assembly shall create a separate 
 Chancery Court, under the provisions of this Constitution, the 
 •Judges thereof shall be elected in the manner j^rovided in the 
 1 0th clause of this article, and shall hold their offices for tlu- 
 same terra, and be subject to all the provisions of said clause. 
 
 12. The Clerk of the Supreme Court, and the Clerks of the 
 Coiu'ts of Chancery shall be appointed by the Judges of their re- 
 spective Courts ; and the Clerks of the Circuit Courts shall be 
 elected by the qualified electors, in such mode as may be i)re- 
 scribed by law. 
 
 13. The Justices of the Supreme Court, Chancellors and Judges^ 
 of the Circuit Courts, shall, by virtue of their offices, be conser- 
 vators of the peace throughout tho State, and Justices of the 
 Peace in their respective counties. 
 
 14. 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." 
 
 15. 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 pas- 
 sage of any act, to draft and submit to the General Assembly, at 
 the same session, all necessary forms of proceedings imdcr such 
 laAVS, which, Avhen 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 Gene- 
 ral Assembly, and shall hold his office for two years, but may 
 be removed by the Governor on the address of two-thirds of the 
 two Houses of the General Assembly, and shall receive for his 
 services a compensation to be fixed by law. 
 
 16. 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 sixty-one, and every four years thereafter, or 
 at such time as the General Assembly may by law prescribe, and 
 he shall receive for his services a compensation to be fixed by 
 law. 
 
 11. No Justice of the Supreme Court shall sit as Judge or take 
 
15 
 
 part ill the appellate Court on the trial or hearing of any case 
 which shall have been decided by him in the Court below. 
 
 18. The General Assembly shall have power to establish in 
 each county a Board of Commissioners for the regulation of the 
 county business therein. 
 
 19. No duty, not judicial, shall be imposed by huv upon 
 the Justices of the Supreme Court, Chancellors, or the Judge;* 
 of the Circuit Courts, of this State. 
 
 ARTICLE VI. 
 
 THE RIGHT OF SUFFRAGE AND QUALIFICATIONS OF OFFICERS ; CIVll. 
 OFFICERS, AND IMPEACHMENTS ANT> REMOVALS FR0:SI OFFICE. 
 
 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 Confederate States, and wlio shall have re- 
 sided and liad his habitation, domicil, liotue and place of perma- 
 nent abode in Florida for one year next preceding the election 
 at which he shall offer to vote, and wlio shall have at such time 
 and for six montlis immediately ]>receding said time, sliall have 
 had his habitation, domicil, home and ))lace of permanent abode 
 in the county in which he may offer to vote, and shall hare j)aid 
 all taxes due by him at least five days before the day of election, 
 shall be deemed a qualified elector at all elections under this 
 Constitution, and norte others shall be, 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 
 one year next preceding the election, and six months within the 
 election district in which he offers to vote: Provided^ That no 
 person in the regular army or navy of the Confederate States, 
 unless he be a qualified elector of the State previous to his entry 
 in the regular army or navy of the Confederate States, or of the 
 revenue service, shall be considered a resident of the State in 
 consequence of being stationed within the same. 
 
 2. 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 infjimous crime. 
 
 3. No person shall be capable of holding or being elected to 
 any post of honor, profit, trust or emolument, civil or miUtary. 
 legislative, executive or judicial, under the government of this 
 State, who shall hereafter fight a duel or send of accept a chal- 
 lenge 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 ac- 
 4'eptance, whether the same occur or be committed in or out of 
 
16 
 
 the State ; but iha legal disability f^liall not accrue until after 
 trial and conviction, accordmg to due form of law. 
 
 4. Xo 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 undei- 
 this State, imtil he shall have accounted for and -paid into the 
 treasury all sums for which he may be accountable. 
 
 o. Xo Governor, member of Congress or of- the General 
 Assembly of this State, shall receive a fee, be engaged as coun- 
 sel, 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. 
 
 6. Xo Senator or Representative shall, during the term for 
 which he shall have been elected, be a])pointed to any civil 
 office of profit under this State Avhich shall have been created, 
 or the emoluments of which shall have been increased during 
 such term, except such offices as niay be filled by elections by 
 the peoj^le. 
 
 V. Members of the General Assembly and all officers, civil oj 
 military, before they enter upon the execution of their respec- 
 tive offices, shall take the following oath or affirmation: I do 
 swear (or affirm) that I am duly quaUfied, according to the Con- 
 stitution of this State, to exercise the office to which I have been 
 elected (or appointed,) and will, to the best of my abilities dis- 
 i'harge the duties thereof, and preserve, jTi-otect and defend the 
 Constitution of this State, and of the Confederate. States of 
 .Vmerica. 
 
 8. Every person shall l»e disqualified from serving as Gover- 
 nor, Senator, Representative, or from holding any other office oi" 
 honor or profit in this State, for the term for which he shall have 
 been elected, Avho shall have been convicted of having given or 
 offered any bribe to jirocui'e his election. 
 
 9. Laws shall be made by the General .\ssend)ly to exclude 
 from office and from suflfrage those who shall have been or ma}' 
 hereafter be convicted of b)'ibery, perjury, forgery, or other high 
 crime or misdemeanor ; and the privilege of sufii-age shall be sup- 
 ported by laws i-egHlating elections and prohibiting under ade- 
 ijuate penalties, all undue influence thereon, from power, bribery, 
 tumult, or other improper })ractices. 
 
 10. All civil officers of the State at large shall reside within 
 the State, and all district or county officers within their respec- 
 tive districts Or counties, and shall keep their respect i^■e offices 
 at such places therein as may be required by law. 
 
 11. It shall be tlie duty of the General iVssembly 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 
 ('•a|)acit}'. 
 
IT 
 
 12. Returns of elections for members of Congress and the Gen- 
 eral Assembly, shall be made to the Secretary of State, in man- 
 ner to be prescribed by law. 
 
 13. Li all elections by the General Assembly the vote shall be 
 viva voce, and in all elections by the people the A-ote shall bo bv 
 ballot. 
 
 14. No member of Congress or person holding- or exercising 
 any office of profit nnder the Confederate States, or nnder any 
 foreign power,- shall be eligible as a member of the General As- 
 sembly of this State, or hold or exercise any office of ])rofit un- 
 der the State ; and no person in this State shall ever hold two 
 offices of jn'ofit at the same time, except the office of Justice of 
 the Peace, Notary Public, Constable and jMilitia offices. 
 
 15. The General iVssembly shall, liy law, ])rovi(le for the ap- 
 pointment or election and the removal from office of all officei'S, 
 civil and military, in this State, not provided for in tliis Constitu- 
 tion. 
 
 IG. The power of impcMcluiunl shall be vested in tlu' Ilouso 
 of Ilepresentatives. 
 
 17. All impeachments shall be tried by the Senate, and, when 
 sitting for that i)urpose, the Senators shall be upon oath or affirm- 
 ation, and no person shall be convicted without the concurrenct- 
 of two-thirds of the members present. 
 
 IS. The Governor and all civil officers shall In- liable t«t im- 
 peachment for any misdemeanor in office; but Judgment in such 
 cases shall not extend further than t<» removal from office and 
 disqualification to hold any office of honor, trust or profit under 
 this State: but the i)arties shall nevertheless be liable to indict- 
 tnent, trial and punishment, according to laAv. 
 
 AllTICLE VTT. 
 
 MILITIA. 
 
 1. All militia officers shall be elected or appointed under sucli 
 rules and regulations as the General Assembly may from time to 
 time direct and (."stablish. 
 
 2. All oftences against the militia laws shall be tried by Court 
 Martial or before a court and jury, as the General Assembly may 
 direct. 
 
 3. No commissiou shall be vacated except by sentence of 
 Court Martial. 
 
 ARTICLE VIII. 
 
 TAXATION AND UEVENUK. 
 
 I. The General Assembly shall devise and adopt a system of 
 revenue, having regard to an equal and uniform mode of taxa- 
 tion to be general throughout the State. 
 
18 
 
 '1. 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. 
 
 3. No money shall be drawn from the Treasury but in conse- 
 quence of an appropriation by law, and a regular statement of 
 the receipts and the expenditures of all public monies shall be 
 published and promulgated annually with tliclaws of the Gener- 
 al Assembly. 
 
 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 
 10 State taxation. 
 
 ARTICLE IX. 
 
 CENSUS AND APPORTIONMENl' OF REPRESENTATION. 
 
 J . The General Assembly shall, in the year one thousand eight 
 himdred and sixty-five, 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, ;ind they shall then proceed 
 to apportion the representation equally among the difierent 
 counties, according to such enumeration, giving, lioMCver, one 
 representative to evei*y 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. 
 
 2. The General Assembly shall also, after every such enumer- 
 ation,- 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 sec- 
 tion, each of which districts shall be entitled to one Senator. 
 
 :5. 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 divided in forming a district. 
 
 4. No county now organized shall be divided into new coun- 
 ties so as to reduce the inhabitants of either below the ratio of 
 representation. 
 
19 
 ARTICLE X. 
 
 EDUCATION. ' 
 
 1. The proceeds of all lands that have beeu granted by itie 
 United States for the use of Schools and a Seminary or Semina- 
 ries of Learning, shall be and remain a perpetual fund, the inter- 
 est of which, together with all moneys derived from any other 
 source, applicable to the same object, shall be inviolably appro- 
 priated to the use of Schools and Seminaries of Learning respec- 
 tively, and to no other purpose. 
 
 2. The General Assembly shall take such measures as may be 
 uecessary to preserve, from waste or damage, all land so granted 
 and appropriated to the jjurposes of Education. 
 
 ARTICLE XI. 
 
 PLHLK DOMAIN AND IXTEUXAL IMI'lIOVEMENl.S. 
 
 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 State of Florida, 
 and it may pass laws for the sale of any part or portion thereof, 
 and in such case ])rovide for the salt?ty, security and ap})ropri.'V- 
 tion of the proceeds. * 
 
 2. .V liberal system of Internal Improvements being essential 
 to the development of the resources of the country, shall be en- 
 couraged by the government of this State; and it shall be the 
 duty of the General Assembly, as soon as practicable, to as- 
 certain by law proper objects of improvement in relation to 
 roads, canals and navigable streams, and to pi'ovide for a suita- 
 ble application of such funds as may be a|>)>ropriated for such 
 impi'ovements. 
 
 ARTICLE XII. 
 
 BOUNDAIUKS. 
 
 1. The jurisdiction of the State of P'lorida shall extend ovef 
 the Territories of East and West Florida, which, bv the treaty oi 
 amity, settlement and limits between the United States and his 
 Catholic Majesty, on the 22d day of February. A. D. 1810, were 
 *eded to the United States. 
 
 ARTICLE XIII. 
 
 BANKS AND OTHER CORPORATIONS. 
 
 1. The General Assembly shall pass no act of incorporation or 
 nake any alteration therein unless with the assent of at least two- 
 
20. 
 
 thirds of each house, and unless public notice, in one or more 
 newspapers in the State, shall have been given, for at least throe 
 months immediately preceding the session at which Uw same 
 may be applied for. 
 
 2. No banking corporation shall be created or continue, which 
 is composed of a less number than twenty individuals, a major- 
 ty of whom at least shall be residents of the State ; and no other 
 corporation shall be created or continue composed of a less num- 
 ber than ten, of whoin at least five shall be residents of this 
 State. 
 .. 3. No bank charter or any act of incorporation granting ex- 
 clusive privileges, shall be granted for a longer }>eriod than twen- 
 ty years. 
 
 4 The charters of banks granted by the General .Vssembly 
 shall restrict such banks to the business of exchange, discount 
 and depositc ; and they shall not speculate or deal in real estate 
 or the stock of other corporations or associations, or in any mer- 
 chandise or chattels, or be concerned in insurance, manuiactu- 
 ring, exportation or importation, except of bullion or specie ; 
 shall not act as trustee in anywise, nor shall they own real es- 
 tate or chattels, except such as shall be necessary for their ac- 
 tual use in the transaction of business, or which may be pledged 
 as further security or received towards or in satisfaction of pre- 
 viously contracted debts, or purchased at legal sales to satisfy 
 such debts, of which they shall be required to make sale Avithin 
 two years after the acquisition thereof. 
 
 5. The capital stock of any bank shall not be less than one 
 hundred thousand dollars, and shall be created only by the ac- 
 tual payment of specie therein ; and no bank shall borrow money 
 to create or add to its capital oi' to conduct its l)usiness, and no 
 loans shall be made on stock. 
 
 6. All liabilities of such banks shall be payable in specie. The 
 aggregate of the liabilities and issues of a bank, exclusive of de- 
 posits, shall at no time exceed double the amount of its capital 
 stock paid in. 
 
 7. No dividends of profits exceeding ten per centum per an- 
 num on the capital stock paid in shall be made, but all profits 
 over ten per centum per annum shall be set apart and retained 
 ',iS a safety fund. 
 
 8. Stockholders in a • bank, A\'lien an act of Ibrfeiture 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. 
 
 9. Banks shall be o])en to inspection, under such regulations as 
 may be prescribed by law, and it shall be the duty of the Goa er- 
 nor to appoint a person or persons, not connected in any manner 
 Avith any bank In tlie State, to examine at least once, a year int*"* 
 
21 
 
 their stale 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. 
 
 10. Hon user for the space of one year, or any act of a corpo- 
 ration, or those having? the control or management thereof, or 
 intrusted therewith, inconsistent with or in violation of the pro- 
 visions of this constitution, or of its charter, shall cause its for- 
 feiture, and tlie General Assen'ibly shall l>y ,ueneral law provide 
 a summary ])rocess for the se(iuestration of its etVocts and assets, 
 the api)ointment of officers to settle its atfairs, and no forfeited 
 charter shall be restored. The foregoini;- provisions shall not be 
 construed to i)revent the (loneral Assembly from imposing other 
 restrictions and provisions in the creation of corporations. 
 
 11. The (icneral Assembly shall not pledge the laith and credit, 
 <»f the -State to raise funds in aid of any corporation whatever. . 
 
 ARTICLE XIV. 
 
 A.MKN1»U":NTS and KKVISIONS of TMK < ONSTn'lTTION. 
 
 1. No part of this Constitution shall be altered except by a 
 Convention <lu]y elected. • 
 
 2. No Convention of the jH'opIe shall be called unless by the 
 concurrence of two-thirds of all the members t)f each House of 
 the General Assembly, made known by the . passing of a bill 
 which shall be read three titnes on three several days in each 
 House. 
 
 8. Whenever a Convention shall be called, proclamation of aa 
 <^lection for delegates shall be made by the (Governor at least 
 thirty days before tlie day of election. Every County and Scn- 
 .-itorial District shall be entitled to as niany ilelegates as it has 
 representatives in the .\sscnd)ly. The same qualifications shall 
 Ite required in delegates and in electors that are required in luem- 
 bers of Assembly and voters for the same respectively, and the 
 elections for delegates to a Convcnition, and the returns of such 
 elections, shall be held and made in the manner prescribed by 
 law for regulating ('Ie('ti<'>ns for members of Asseml)]y, but the 
 (\.)nveMtioii shall judge of the qunlitications of its memlxTS. 
 
 ARTICLE XY. 
 
 (;i;NKiJAt, riiovisioNs. 
 
 1. The (Jeneral Assembly shall have no power to pass laws 
 for the ejnancipation of slaves. 
 
 2. The (tcneral Asseml)ly shall have ])ower to j)ass laws to 
 prM^ent free negroes, mulattocs, a)id 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. 
 
 :?. Treason against the State shall consist only in levying war 
 
2^ 
 
 j^aiiist it or in adhering to its enemies, giving them aid and com- 
 fort. No person shall be convicted of treason imless on the tes- 
 timony of two witnesses to the same overt act, or his confession 
 in open court. 
 
 4. Divorces from tlie bonds of matrimony shall not be al- 
 lowed but by the judgment of a court, as shall be prescribed by 
 iaw. • 
 
 5. The General Assembly shall declare by law what parts 
 of the common law, and what parts of the civil law, not incon- 
 sistent with this Constitution, shall be in force in this State. 
 
 G. The oaths of officers directed to be taken under this Con- 
 stitution, may be administered by any Judge or Justice of the 
 Peace of the State of Florida, until otherwise prescribed by law. 
 
 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 Jan- 
 uary, 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. 
 
 Done iu Convention, of the People of Florida, on the 27th day of 
 April^ one thousand eight hundred and sixty-one, at the Capi- 
 lol, at TaUahassee. 
 
 JOHN C. McGEHEE, President. 
 
23 
 
 IDEXiE<3-.A-TES 
 
 S. S. ALDERMAN, 
 
 A. K. ALLISON, 
 
 J. PATTON ANDERSON, 
 
 8. J. BAKER, 
 
 J. L. G. BAKER, 
 
 E. P. BARRINGTON, 
 JOHN BEARD, 
 WINER BETHEL, 
 JAS. H. CHANDLER, 
 JOSEPH A. COLLIEP*, 
 ISAAC S. COON, 
 JA8. G. COOPER, 
 
 J. M. DANIEL, 
 W. G. M. DAVIS. 
 JAS. B. DAWKIN8, 
 J. O. DEVALL, 
 W. 8. DILWORTH, 
 JOSEPH FINEGAN, 
 L. A. FOLSOM, 
 8. M. G. GARY, 
 JAMES GETTIS, 
 EZEKIEL GLAZIER. 
 R. R. GOLDEN, 
 WM. T. GREGORY, 
 GEORGE HELVENSTON, 
 8. J. HENDRICKS, 
 THOS. Y. HENRY, 
 GREEN H. HUNTER, 
 
 F. B. IRWIN, 
 JOHN W. JONES, 
 JAMES KIRKSEY, 
 DANIEL LADD, 
 THOMPSON B. LAMAR, 
 JOHN J. LAMB, 
 
 A. J. LEA, 
 
 DAVID G. LEIGH, 
 DAVID LEWIS, 
 E. C. LOVE, 
 A. L. McCASKILL. 
 W. McGAHAGIN, 
 
 D. D. McLEAN, 
 
 McQueen mcintosm, 
 
 ADAM McNEALEY. 
 R. G. MAYS. 
 JOHN MORRISON. 
 JACKSON MORTON, 
 JAS. A. NEWMAN, 
 
 A. W. NICHOLSON. 
 JAS. B. OWENS, 
 THOS. M. PALMER, 
 GEO. W. PARKHILL, 
 JOHN C. PELOT, 
 WM. PINKNEY, 
 ISAAC N. RUTLAND, 
 J. P. SANDERSON, 
 
 B. W. SAXON,* 
 WM. H. SEVER. 
 8. W. SPENCER, 
 
 E. E. SIMPSON, 
 MATHEW SOLANA, 
 SAMUEL B. STEPHENS, 
 JOS. M. TAYLOR.t 
 JAMES THOMAS, 
 
 ASA F. TIFT. 
 SIMON TURMAN, 
 GEO. T. WARD, 
 WM. W. WOODRUFF, 
 8. H. WRIGHT. 
 N. B. YATES. 
 
 Attest — Wm. S. HabriS) Secretary of Convention. 
 
 *Died duriiig the first Session. tElected vice Saxon, dfjceased. 
 
O R D I N A N C E S . 
 
 I No. 23. I 
 
 Be it ordained In/ tin:, people of the i^taU of Florida in Con- 
 oentiofi assembled^ That tlie lec::^l disability, under the 5th sec- 
 tion of the Gth article of tlic Constitution, shall not accrue until 
 after trial and conviction, according to due form of law. 
 
 Be it furt/nr ordained^ That the tenth section of the sixth 
 article of the Constitution be and the snnu^ is hereby abrogated 
 :ind annulled. 
 
 Done in open Convention, February, 28th, 1861. 
 
 • f No. 24. I 
 
 Be it *>rdaiin:d hy the peitple of the iStidc of Florida in. Con- 
 vention cf!<semhkd^ That whereas, an act })assed by tlie General 
 Assem]>ly at its last session, entitled " An Act to preveJit the 
 (iollection of debts in certain cases from <lebtors in this State," 
 is inconsistent Avith the ninth and nineteenth sections of the first 
 ai'ticlc of the Constitution of llii-< State, tlie said act be and the 
 .same is hereby annulled. 
 
 Done in open Convention, Fel»ruary, 'jsth 1861. 
 
 I No. 26. I 
 
 Be it ordained hij tin- jptvfili' if f},, State <f Florida in Con- 
 vention a.'ij^endjled, That the (Constitution for the Provisional Gov- 
 ernment of the Confederate States of America, recently adopted 
 by delegates from the States of States of South Carolina, Geor- 
 gia, Alabama, ^Mississipjii, Louisiana and Florida, assembled in 
 Congress at the citv of Montofomerv, be and the same i^ horebv 
 
26 
 
 ratified and confirmed, and made the supreme law of the Statfr 
 of J'lorida, until such time as a permanent Constitution for the 
 Government of said Confederate States shall have been adopted, 
 and to its maintenance and support " we pledge our lives, our 
 fortunes, and our sacred honors." 
 
 Done in open Convention, February "2 8th, 1861. 
 
 I No. 26. J 
 
 An Ordinance to amend the 14th Article of the Constitution. 
 
 Be it ordained hy the people of the State of Flonda in Con- 
 nention assembled^ That the 14th Article of the Constitution be 
 Tind the same is hereby altered and amended, so as to read as 
 follows : 
 
 Amendments and revisions of the Constitution. 
 ARTICLE XIY. 
 
 Sec. 1. No part of this Constitution shall be altered, except by 
 a. Convention duly elected. 
 
 Sec. 2. No Convention of the People shall be called, unless 
 by the concurrence of two-thirds of all the members of each 
 House of the General Assembly, made known by the passing of 
 a bill, which shall be read three times on three several days in 
 each House. 
 
 Sec. 3. Whenever a Convention shall be called, proclamation 
 of an election for Delegates shall be made by the Governor, at 
 least thirty days before the day of election. Every County and 
 Senatorial District shall be entitled to as many delegates as it 
 has representrtives in the Assembly ; the same qualifications shall 
 be required in Delegates and in Electors that are required in 
 members of Assembly, and voters for the same respectively, and 
 the election for Delegates to a Convention, and the returns of 
 such elections, shall be held and made in the manner prescribed 
 by law for regulating elections for members of Assembly ; but 
 the Convention shall judge of the quaUfications of its members. 
 
 Done in open Convention March 1st, 1861. 
 
9,7 
 
 [ No. 27. ] 
 
 Beit ordmncdhy the people of the State of Florida in Con- 
 vention assembled. That the General Assembly shall have power 
 to create special tribunals for the trial of offences committed by 
 slaves, free negroes, and mulattoes ; and until the General As- 
 sembly otherwise provides, there is hereby created a court in 
 each county, which shall consist of two Justices of the Peace 
 und twelve citizens, being slaveholders of the county, who shall 
 have power to try all cases of felony committed in their county 
 by slaves, free negroes, and mulattoes a majority of said court 
 may pronounce judgment, and all trials before it shall be had 
 upon the statement of the offence in the warrant of arrest, and 
 without presentment or indictment by a Grand Jury ; the Sheriff 
 of the county shall act as the ministerial officer of said court ; 
 and the citizens, who with the Justices are to compose the same, 
 shall be selected by said Justices and summoned to attend by 
 the Sheriff; and said court shall assess the value of all slaves 
 sentenced by it to capital punishment, one-half of which value 
 shall be paid by the State to the owner or owners of such slave ; 
 and appeals from the judgment of said court shall be had to 
 the Circuit Court of the county, upon an order made by the 
 Judge thereof, upon an inspection of the record of the trial, full 
 minutes of which shall be made by the said Justices, and such 
 appeal, when allowed, shall operate as a supersedeas of the judg- 
 ment. 
 
 Passed in open Convention, Friday, April 19th, 1861. 
 
 ( No. 28. 1 
 
 Ordinance of Ratification. 
 
 WuEUKAS, By act of the General Assembly of the State of 
 Florida, a Convention of the people was ordained to be assem- 
 bled in the city of Tallahassee, on the 3d day of January, A. D. 
 1861, "for the purpose of taking into consideration the dangers 
 incident to the position of this State in the Federal Union, and 
 the measures which may be necessary and proper for providing 
 against the same, and to amend the Constitution of the State of 
 Florida so far as the same, in the judgment of said Convention, 
 
28 
 
 may be necessiiry, :ind thereupon to lake care that the Common- 
 wealth of Florida shall sufter no detriment : 
 
 And wliereas. We the delegates of the people of the State oi' 
 Florida did, in pursuance of said act, assemble in Convention 
 on the day and in the ])lace therein s])ecitied, and being thus 
 charged with the duties aforesaid, after mature deliberation, and 
 in considerate performance thereof, did, on the 10th day of Jan- 
 uary, in the year of our Lord one thousand eight hundred and 
 sixty-one, in Convention as aforesaid, ordain })ublish and declare 
 " That the State of Florida hereby withdraws herself from the 
 Confederacy of States, existing mider the name of the United 
 States of America, and from the existing Government of said 
 States, and that all political connection l)etween her and the 
 Government of said States ought to l)e and the same is hereby 
 totally annulled, and said Union of States dissolved, and the 
 State of Florida declared a sovereign and independent Nation ; 
 and that all ordinances liei-etofore adopted, in so far as the}- 
 (Create or recognize said Union, are rescinded, and all laws or 
 parts of laws in force in this State, in so far as-they recognize oi- 
 assent to said Union, be and they are hereby repealed ;''' 
 
 Ajkl irherras, The people of the State of, South Carolina, in 
 Convention assembled, had dissolved their connection Avith the 
 (government of the United States of America, and invited such 
 other of the slaveholding States, as might, in like manner declare 
 their ijidependence, to meet her in Convention at Montgomery, 
 in the State of Alabama, for the ))urpose of forming a new Gov- 
 ernment ; 
 
 And w/iereas, This Convention did ap))oint three delegates to 
 meet in a Convention of States at ^Montgomery aforesaid, on the 
 1 3th day of February last, ^r at such other time and jjlace as 
 might be agreed upon, the delegates of such other slaveholding 
 States, as then had or should ha\'e, before the final adjournment 
 of said Convention dissolved their connection with the late Fed- 
 eral Union, for the purpose, among other things, of forming a 
 "' l^ermanent Government" for a Confederacy of such States ; 
 
 And ir/iereas, A Convention of delegates from the following 
 States, viz: South Carolina, Georgia, Florida, Alal)ama, 3Iissis- 
 sipi, Louisiana and Texas, met at Montgomery aforesaid, and on 
 the eleventh day of March, Anno Domini 18G1, agreed upon and 
 reported to the Convention of the several States, thei'ein repr-e- 
 sented, a Constitution for the Confederate States of America ; 
 
 jVoiv he it knoirn^ That we, the delegates, of the people of 
 the State of Florida in Convention assembled, in the name and 
 in Ijehalf of the j)eo])le the State, haA'ing maturely deliberated 
 and fully considered the aforesaid pro])osed Constitution, do by 
 these presents, assent to and ratify the Constitution adopted by 
 the (Jongress of States aforesaid. On the nth d.av of ]\r:ircli. 
 
1>9 
 
 Anno Domini 1861, ;it Monti;omury, in the State of iVlabama, 
 for the Government of the Confederate States of America ; 
 Decloi'i}i>j^ nevertheless, That as the powers conferred through 
 said Constitution on the Confederate Government emanate from 
 the peo2)le of the several States in their separate sovereign ca- 
 pacity, said powers may he resumed in the same manner iu 
 which they are delegated, whenever they shall be perverted to the 
 injiu'y of the ))eople, each State, by her delegates iu Convention, 
 having the right to judge of the occasion that may require such 
 action ; and hereby aiuiouncing to all those whom it may concern 
 that the said Constitution is l)inding on the }»eople of the State 
 of Florida, according t<> .-ui authentic copy hereto annexed, in 
 the words following, viz : 
 
 CONSTITUTTOX OF THE CONFEDERATE STATES OF 
 AiMERICA. 
 
 We, the people ol' the Confederate States, each State acting in 
 its sovereign and independent character, in order to Ibrm a per- 
 manent Federal Government, establish justice, insure domestic 
 tranquility, and secure the blessings of liberty to ourselves and 
 our posterity — invoking the favor and guidance of Almighty 
 God — do ordain and establish this Constitution for the Confed- 
 erate States of America. 
 
 ARTICLE I. 
 
 Section 1. 
 
 All legislative powers herein delegated shall he vested in a 
 Congress of the Confederate States, Avhich shall consist of a Sen- 
 at<^ an<I House of Representatives'. 
 
 Sectiox 'J. 
 
 1. The House of Rejiresentatives shall be compo.sed of mem- 
 bers chosen every second year by the people of the several States; 
 and the electors in each State shall be citizens of the Confederate 
 States, and have the qualifications requisite for electors of the 
 most numerous branch of the State Legislature; but no person 
 of foreign birth, not a citizen of the Confederate States, shall be 
 allowed to vote for any officer, civil or political. State or Federal. 
 
 2. >.o person shall be a Representative, who shall not have 
 attained the age of twenty-tive years, and be a citizen of the Con- 
 federate States, and who sh^U not, Avhen elected, be an inhabi- 
 tant of that State in which he shall be chosen. 
 
 3. Representatives and Direct Taxes shall be ap]iortioned 
 among the several States, which .may,be included within this 
 Confederacy, according to their respective numbers, which shall 
 be determined, by adding to the whole numl)er of free persons. 
 
30 
 
 inchulin" those bound to service for :i term of years, and exclu- 
 ding Indians not taxed, three-fifths of all slaves. The actual enu- 
 meration shall be made within three years after the first meeting 
 of the Congress of the Confederate States, and within every sub- 
 sequent term of ten years, in such manner as they shall, by law, 
 direct. The number of Representatives shall not exceed one for 
 every fifty thousand, but each State shall have at least one Rep- 
 resentative ; and until such enumeration shall be made, the State 
 of South Carolina shall be entitled to choose six — the State of 
 Georgia ten — the State of Alabama nine — the State of Florida 
 lyyQ — the State of Mississippi seven — the State of Louisiana six, 
 and the State of Texas six. 
 
 4. When vacancies happen in the representation from any 
 State, the Executive authority thereof shall issue writs of elec- 
 tion to fill such vacancies. 
 
 5. The House of Representatives shall choose their Spealjei- 
 and other officers ; and shall have the sole power of impeach- 
 ment; except that any judicial or other federal officer, resident 
 and acting solely within the limits of any State, may be im- 
 peached by a vote of two-thirds of both branches of the Legisla- 
 lature tliereof. 
 
 Sfx'tion 3. 
 
 1. The Senate of the Confederate States shall be composed of 
 two Senators from each State, chosen for six years by the Legis- 
 lature thereof, at the regular session next immediately preceding 
 the commencement of the term of service ; and each Senator 
 shall have one vote. 
 
 2. Lnmediately after they shall be assembled, in consequence 
 of the first election, they shall be divided as equally as may be 
 into three classes. The seats of the Senators of the first class 
 shall be vacated at the expiration of the second year ; of the sec- 
 ond class at the expiration of the fourth year ; and of the third 
 class at the expiration of the sixth year ; so that one-third may 
 be chosen every second year; and if vacancies happen l)y resig- 
 nation or otherwise, during the recess of the legislatiu'e of any 
 State, the executive thereof may make temporary ap})ointments 
 until the next meeting of the Legislature, which shall then fill 
 such vacancies. 
 
 •3, No person shall be a Senator who shall not have attained 
 the age of thirty years, and be a citizen of the Confederate States, 
 and who shall not, when elected, be an inhabitant of the State for 
 which he shall be chosen. 
 
 4. The Vice President of the Confederate States shall be Presi- 
 dent of the Senate, but shall have no vote, imless they be equally 
 divided. » 
 
 5. The Senate shall choose their other officers ; and also a 
 
31 
 
 President j^ro tempore^ in the absence of the Vice President, or 
 when he shall exercise the office of President of the Confederate 
 States. 
 
 6. The Senate shall have the sole power to try all impeach- 
 ments. When sitting for that purpose, they shall be on oath or 
 affirmation. When the President of the Confederate States is 
 tried, the Chief Justice shall preside ; and no person shall be 
 convicted without the concurrence of two-thirds of the members 
 present. 
 
 7. Judgment in cases of impeachment shall not extend further- 
 than to removal from office, and disqualification to hold and en- 
 Joy any office of honor, trust or profit under the Confederate 
 States ; but the party convicted shall, nevertheless, be liable and 
 subject to indictment, trial, judgment and punishment according 
 to law. 
 
 Section' 4. 
 
 1. The times, places and manner of holding elections for Sen- 
 ators and Representatives shall be prescribed in each State by 
 the legislature thereof, subject to the provisions of this Constitu- 
 tion ; but the Congress may, at any time, by law, make or alter 
 such regulations, except as to the times and places of choosing 
 Senators. 
 
 2. The Congress shall assemble at least once in every year ; 
 and such meeting shall be on the first Monday in December, un- 
 less they shall, by law, appoint a different day. 
 
 Section 5. 
 
 1. Each House shall be the judge of the elections, returns and 
 <pialifications of its own members, and a majority of each shall 
 constitute a quorum to do business ; but a smaller number may 
 adjourn from day to day, and may be authorized to compel the 
 attendance of absent members, in such manner ami under such 
 penalties as each House may provide. 
 
 2. Each House may determine the rules of its proceedings, 
 punish its members for disorderly behavior, and with the concur- 
 rence of two-thirds of the Avhole number, expel a member. 
 
 3. Each House shall keep a journal of its proceedings, and from 
 time to time publish the same, excepting such parts as may in 
 their judgment require secresy ; and the yeas and nays of the 
 members of either House, on any question, shall, at the desire of 
 one-fifth of those present, be entered on the journal. 
 
 4. Neither House, during the session of Congress, shall, with- 
 <;ut the consent of the other, adjourn for more than three days, 
 nor to any other place than that in which the two Houses shall 
 be sitting. 
 
8S 
 
 Section ti. 
 
 1. The Senator.s and Representatives shall receive a compen- 
 sation for their services, to be ascertahied by law, and paid out 
 of the treasury of the Confederate States. They shall in all ca- 
 ses, except treason, felony, and breach of the peace, be privileged 
 from arrest during their attendance at the session of their res- 
 pective Houses, and in going to and returning from the same ; 
 and for any speech or debate in either House, they shall not be 
 (piestioned in any other place. 
 
 2. No Senator or Kepresentative shall, during tlie time for 
 which he was elected, be appointed to any civil office imder the 
 authority of the Confederate States, Avhich shall have been 
 created or the emoluments whereof shall have been increased 
 during such time ; and no person holding any office imder the 
 Confederate States shall be a member of either House during 
 his continuiince in office. But Congress may, by law, grant to 
 the i)rinci]>al officer in each of the Executive Departments a seat 
 upon the floor of either House, Avith the privilege of discussing 
 anv measiu-(!s appertaining to liis department. 
 
 Section V. 
 
 1. All bills for raising revenue shall originate in the House of 
 Represenatives ; l)ut the Senate may propose or concur with 
 amendments, as on other bills. 
 
 2. Every bill which shall have passed both Houses, shall, 
 before it becomes a law, be presented to the President of the 
 Confederate States ; if he ai)prove, he shall sign it ; but if not, 
 he shall return it with his objections to tliat House in Avhich it 
 shall have originated, Avho sliall enter the objections at large on 
 their journal, and jiroceed to reconsider it. If, after such recon- 
 sideration, two-thirds of that House shall agree to pass the bill, 
 it shall be sent, together Avith the objections, to the other House, 
 by Avhich it shall likcAvise be reconsidered, and if approved by 
 two-thirds of that House, it shall become a law. But in all such 
 cases, the votes of both Houses shall be determined by yeas and 
 nays, and the names of the persons voting for and against the 
 bill shall l)c entered on the journal of each House respectively. 
 If any bill shall not be returned by the President Avithin ten 
 days (Sundays exce])ted) after it shall have been presented to 
 him, the sanic shall be a hiAV, in like manner as if he had signed 
 it, unless the Congress, by their adjournment, prevent its return, 
 in Av-hu^h case it shall not be a law. The President may approve 
 any ap])ropriation and disap]>rove any other appropriation in the 
 same bill. In such case he shall, in siguing the bill designate the 
 appropriations disapi)roved; and shall return a copy of such 
 appropriations, with liis objections, to the House in which the 
 
33 
 
 bill shall have originated ; and the sanic proceedings shall then 
 be had as in case of otlier bills disapproved by tlie President. 
 
 3. Every order, resolution or vote, to which the concurrence 
 of both Houses mar be necessary (except on a question of 
 adjournment) shall l)e presented to the President of the Con- 
 federate States; and before the same shall take eftect, shall Ix 
 approved by him; or being disapproved by him, shall be re- 
 passed by two-thirds of both Houses according to the rules and 
 limitations prescribed ni case of a bill. 
 
 Section s. 
 
 The Congress shall have power — 
 
 1 . To lay and collect t:'.xes, duties, ini})osts and excises for 
 revenue necessary to pay the debts, provide for the common 
 defence and carry on the government of the Confederate States ; 
 but no bounties shall be granted from the treasury ; nor shall 
 any duties or taxes on importations from ibreign nations be laid 
 to promote or foster any branch of industry ; and all duties, 
 imposts and excises shall be uniform throughout the Confederate 
 States : 
 
 2. To borrow money on the credit of the Confederate States : 
 '3. To regulate connnerce with foreign nations, and among 
 
 the several States, and with the Indiai) tribes; l)Ut neilher this 
 nor any other clause contained hi the Constitution shall ever be 
 construed to delegate the power to Congress to a}ipropriate 
 money for any internal improvement jnteiuled to facilitate com- 
 merce ; exce])t for the purpose ot furnishing lights, beacons and 
 buoys and other aids to navigation upon the coasts, and the im- 
 provement of harbors anil removing of obstructions in rivei- 
 navigation, in all of which cases such duties shall be laid on the 
 navigation facilitated thereby as may be necessary to pay the 
 costs and expenses thereof: 
 
 4. To establish uniform laws of natui-alization and uniform 
 laws on the subject of bankruptcies throughout the Confederate 
 States, but no law of Congress shall discharge any debt contract- 
 ed before the passage of the sanu' : 
 
 5. To coin money, regulate the vnlue thereof and of foreign 
 coin, and fix the standard of weights and measures : 
 
 G. To provide for the punishment of counterfeiting the securi- 
 ties and current coin of the Confederate States: 
 
 7. To establish post offices and post routes ; but the expenses 
 of the Post Office De})artment, after the first day of March in the 
 year of our Lord eighteen hundred .md sixty-three, sliall be paid 
 out of its own revenues : 
 
 8. To promote the progress of science and useful arts, 1)y secu- 
 
:{+ 
 
 riiiolbr limited times to authors and iuveutors, the exclusive rioht 
 to their respective writings and discoveries : 
 
 n. To constitute tribunals inferior to the Supreme Court : 
 
 10. To define and punish piracies and felonies committed on 
 J lie liigh seas and oftences against the law of nations : 
 
 11. To declare war, grant letters of marque and reprisal, and 
 make rules concerning captures on land and water : 
 
 12. To raise and support armies ; hut no appropriation of mon- 
 »^y to that use shall be for a longer term than tAvo years : 
 
 13. To provide and maintain a navy : 
 
 14. To make rules for the government and regulation of the 
 land and naval forces : 
 
 15. To provide for calling forth the militia to execute the law^- 
 of the Confederate States, suppress insun-ections and re})el inva- 
 sions: 
 
 16. To provide for organizing, arming and disciplining the mi- 
 litia, and for governing sxich part of them as may be employ- 
 ed in the service of the Confederate States ; reserving to the 
 States, respectively, the appointment of the officers, and the au- 
 thority of training the militia according to the disci|)line prescrib- 
 «m1 by Congress : 
 
 17. To exercise exclusive legislation, in all i-ases a\ hatsoevei", 
 over such district (not exceeding ten miles square) as may, by 
 cession of one or more States, and the acceptance of Congress, be- 
 rome the seat of the Government of the Confederate States ; and 
 to exercise like authority over all places purchased by the consent 
 of the legislature of the State in which the same shall be, for the 
 erection of forts, magazines, arsenals, dockyards and other need- 
 ful l>uildings : and 
 
 18. To make all laws which shall be necessary and proper fo]- 
 carrying into execution the foregoing powers, and all other pow- 
 ers vested by this Constitution in the govermuent of the Confed- 
 erate States, or in any department or officer thereof. 
 
 Sectiom 9. 
 
 ! . The importation of negroes of the .Vfrican race, from any 
 foreign country, other thanlhe slaveholding States or Territories 
 of the United States of America, is hereby forbidden ; and Con- 
 gress is required to pass such laws as shall effectually prevent 
 the same. 
 
 2. Congress shall also have power to prohibit the introduction 
 of slaves from any State not a member of, or Territory not be- 
 longing to, this Confederacy. 
 
 :^. The ])rivilege of the writ of habeas corpus shall not be su^- 
 pended, unless wlien in cases of rebellion or invasion the public 
 ->jiiety may recjuire it. 
 
M5 
 
 +. No bill of jittaindf r. >'.v post facto law , or luw denyint:" ur im- 
 ]irtiriii2; the riglit of property in negro slaves .sluill be passed. 
 
 5. Xo capitation or other direct tax shall be laid, unless ixi 
 proportion to the census or enumeration hereinbefore directed to 
 Ite taken. 
 
 (). Xo tax or <-Uity shall be laid on articles exported from any 
 State, except by a vote of two-thirds of both Houses. 
 
 7. Xo jjreference shall be gi\ en l>y any regulation of cou:>- 
 uierce or revenue to the ports of one State over those of another. 
 
 8. No money shall be drawn from the Treasury, but in conn.?^ 
 quencc of appro])riations made l)y law ; and a regular statemeni 
 and account of the receipts and expendilures of all public money 
 shall be ])ublished from time to tinu'. 
 
 n. Congress shall aj»proi)riate no money from the Treasmy 
 »\cei)t by a vote of (MO-thirds of both Houses, taken by yeas 
 and nays, unless it be asked and estimated for by some <me of 
 the heads of Department, and sul)mitted to Congress by the 
 I'resident; (H* for the ]nn"pose of ]>aying its own expenses and 
 contingencies ; ov for the payment of claims against the Confed- 
 erate States, the justice of which shall have been judicially de- 
 clared by a IriVmnal lor the investigation of claims against the 
 govcvnmtiil. Avliicli it is hereby made the duty of C-ongress \o 
 establish. 
 
 10. All bills ajipropriating money shall specify in federal cui- 
 rency the exact amount of each appro[)riation and the ])urposes 
 foi- Avhicli it is made ; and Congress shall grant no extra con-- 
 pt'Msation to any public contractor, otticer. agent or servant, av- 
 ter such contract shall have been made or such service rendere<3. 
 
 1 1. No title of nobility shall be grante<l by the Confederate 
 States; and no ]terson holding any office of profit or trust under 
 them, shall, without the consent of Congress, accept of any pre- 
 sent, emolument, office or title of any kind whatever from any 
 king, pnnce or foreign State. 
 
 12. ('Ongress shall make no law respecting an establishment 
 of religion or prohibiting the free exercise thereof; or abridging 
 the freedom of speech, or of the press ; or the right of the 
 people peaceably to assemble and petition the government for a^ 
 re<lress of grievances. 
 
 13.^ A well regulateil militia being necessary to the security 
 of a free State, the right of the people to keep and bear arms 
 'ihall not be infringed. 
 
 14. No soldier shall, hi time of ))eace, be quartered in any 
 house without the consent of the owner: nor in time of war, 
 but in a manner to be ])rescribed by Uiav. 
 
 15. The right of the people to be secure in their j>ersons, 
 houses, papers and effects against tmreasonable searches and 
 »^<'i7,nres, shall not be violated ; and no Avarrant shall issue but 
 
upon proba})le oauso, Mipported l)y oath or atfinnatioii, and i)ar- 
 ticularly de.soribin<^ the place to 'le soarclu-d and tlic jxTsons or 
 things to be seized. 
 
 Id. No ])erson shall be held lo answer for a capital <»r other- 
 wise infamous crime, unless on a presentment or indictment of 
 a grand jury, excejit in cases arising in the laiul or naval forces, 
 or in tlie militia, when in actual service, in time of war or pub- 
 lic danger; nor shall any person be subject for the same otfencc 
 to be twice ])ut in jeopardy of life or limb ; nor be comj)elled, in 
 any criminal case to be u witness against liimself ; nor be de- 
 prived of life, ]il)erty, or property, without due process of law ; 
 nor shall private ))roperty be taken for public use, without just 
 compensation. 
 
 iT. In all criminal ]irosecutions the accused shall enjoy the 
 right to a speedy and public trial, by an impartial jury of the 
 State and district wherein the crime shall have been committed, 
 which district shall have been previously ascertained by law, and 
 to be informed of the nature and cause of the accusation ; to be 
 confronted with the witnesses against him ; to have conn)ulsory 
 process for obtaining witnesses in his favor ; aiul to have the as- 
 .«TiHtance of counsel for his defence. 
 
 i8. In suits at common law, Avherc the value in controversy 
 shall exceed twenty dollars, the right of trial by jury shall be 
 preserved ; and no fact so tried by a jury shall be ot]ler^\•ise re- 
 examined in any court of the Confederacy than according t() 
 the rules of the common hnv. 
 
 19. Excessive bail shall not be required, nor excessive iims isn- 
 posed, nor criiel and \musual punishments inflicted. 
 
 20. Every law or resolution having the force of law sliall re- 
 late to but one subject, and tliat shall be expressed in the title. 
 
 vS ACTION 10. 
 
 1. No State shall enter into any treaty, alliance or confedera- 
 tion ; grant letters of marque and reprisal ; coin money ; make 
 anything but gold and silver coin a tender in payment of debts ; 
 pass any bill of attainder, or ex post facto law, or laAV impairing 
 the obligation of contracts ; or gi-ant any title of nobility. 
 
 2. No State shall, without the consent of Congress, lay any 
 imposts or duties on imports or expoi-ts, except what may be 
 absolutely necessary for executing its inspection laws ; and the 
 iictt produce of all duties and imports, laid by any State on im- 
 ports or exports, shall be for the use of the treasury of the Con- 
 tederate States ; and all such laws shall be subject to llie revision 
 and control of Congress. 
 
 3. No State shall, Avitli<ji!t the consent the Congress, lay any 
 <luty on tonnage, e\cej)t on sea-going vessels, for the improve- 
 ment of its rivers and harbc>rs navigated bv tlie s;iid vesseJs : ]>ut 
 
37 
 
 such duties shall not. conflict Avith niiy treaties of the Confedcrato 
 States Avith foreign nations ; and any surplus revenue thus de- 
 rived, shall, after making- such improvement, he paid into the 
 connnon treasm-y. Nor shall any State keep troops or ships ol 
 war hi time of ])eace. enter into any iigrcoment or compact witli 
 another State, oi" with a foreign })ower, or engage in war, unless 
 actually invaded, or in such iimninent danger as will not admit 
 of delay. But Avhen any river divides or IIoavs througli two or 
 nior(i States, they may enter into c<imp:u'ts with each other to 
 im]»rn\c (he navigation thereof. 
 
 ARTICLE Tl. 
 
 SkC'J'IO.X 1 . 
 
 I. Tiu' executive power shall be vesteil in a J^resident of the 
 (.Confederate States of America. lie and the Vice President shall 
 hold their oflices for the term of six years ; but the President 
 sh;ill not be re-eligible. The President ;ind Vice President shall 
 be elected as folllows : 
 
 1'. K:u-h State shnll aj 'point, in such manner as the legislature 
 i hereof )uay direct, a ninnber of electors e*|ual to the whole num- 
 ber of Senators and Kei)resentativcs to which the State nuiy be 
 entitled in the Congress ; but no Senator or Kepi'esentative, or 
 person holding an office of trust or jtroiif mider the Confederate 
 St;ues, shall be appointed an elector. 
 
 .!. The electors shall meet in their respective States and vote 
 by ballot for President and Vice Presiilent, one of whom, at 
 least, shall not be an inhabitant of the same State with them- 
 selves ; tliey shall name in their ballots the person voted for as 
 President, and in distini-t ballots tiie jierson voted for as Vice 
 President, .and they shall make disti)ict lists of all persons voted 
 for as President, and of all persons voted for as Vice President, 
 ;ind the number of votes ibr each : which Jists they shall sign 
 and certify, and trar.^sniit, scded, to the seat of the government 
 of the Confederate States, directed to the I^resident of tlieSep- 
 ;ife; the President of the Senate sliall, in the presence of the 
 Sen.'ire and House of Kepresentatives, open all the certiiicates, 
 ami tlic viites shall tlien 1>e counte<l ; the person Inning the gieat- 
 est mnnber of votes for President shall be the President, if sacii 
 number be ;j majority of the whole uundjer of electors ap])ointed; 
 .Mini if I'.i) persini have such majority, then, ihmi the persons luu- 
 ing the highest numbers, not exceeding three, on tlie list of 
 those voted for as President, the House ol Representatives shall 
 choose imniediately. by ballot, the President. l]ut in choosing 
 the President, the votes shall be taken by States, the represen- 
 lati»)ii from each State having one vote ; :i ((uoruin for this ])Ui- 
 ])ose shall i;onsist of a member or members from two-thirds of 
 the St:ites. ;uid ;i m.-ii'tritv of all the St;itt'- sh;ill be necfssarv In a 
 
choice. And iitlio JJoiise of Representatives sliall not elioo.se :i 
 President, whenever tlie riglit of choice shall devohe upon them, 
 before the fourth day of March next following, then the Vice 
 President sliall act as President, as in the case of the death, or 
 otiier constitutional disahility of the President. 
 
 L The ]tersou liaving the gi'eatest number of votes as \'icc- 
 President, shall he the \'ice-President, if such number bo a ma- 
 jority of the whole number of electors aj^pointed ; and if no per- 
 son have a majority, then, from the two highest numbers on the 
 list the Senate shall choose the Vice-President; a quorum for the 
 purpose shall consist of two-thirds of the whole number of Sena- 
 tors, and a u\ajority of the whole number shall be necessary to a 
 choice. 
 
 5. But no }>erson constitutionally ineligible to the office of 
 President shall be eligible to that of Vice-President of the Con- 
 federate States. 
 
 C. The Congress may determine the time of choosing the elec- 
 tors, and the day on which they shall give their votes ; which 
 day shall be the same throughout the Confederate Strttes. 
 
 7. i^o person except a natural-born citi/en of the Confederate 
 States, or a citizen thereof at the time of the adoption of this 
 Constitution, or a citizen thereof born in the United States prior 
 t-^ the 20th December, 1 800, shall be eligible to the office of 
 l*resident, Meither shall an}' person be eligible to that office who 
 ^hall not liave attained the age of thirty-five years, and been four- 
 teen years a resident Avithin the limits of the Confederate States. 
 as they ma)' exist at the time of his election. 
 
 8. In case of the removal of the President from office, or of 
 his death, resignation, or inability to discharge the powers and 
 duties of the said office, the same shall devolve on the Vice-Pres- 
 ident ; and the Congress may, by law, ])rovide foi- the case of 
 removal, death, resignation, or inability both of the President 
 and Vice-President, declaring what officer shall then act as Presi- 
 dent, and such officer shall act accordingly until the disability be 
 removed or a President shall be elected. 
 
 ft. The President shall, at stated times, receive for his services 
 ». compensation, which shall neither l)e increased nor diminished 
 during the period for ^vhich he shall have been elected : and he 
 shall not receive Avitliin that period any other emolunient from 
 the Confederate States, or any of them. 
 
 J 0. Pefore he enters on the execution of his office, he shall take 
 the following oath or affirmation : 
 
 " 1 do solemnly swear (or affirm) that [ will faithfully execute 
 the office of President of the Confederate States, and will to the 
 best of my ability, ]»reserve, protect and defend the constitution 
 thereof." 
 
H9 
 
 SKcnos 2. 
 
 I. The Prc'^idont shall be commaiKk-r-in-chiet of the army and 
 navy of the Confederate States, and of the militia of the several 
 Stat('>, Avlicn called into the actnal service of the Confederate 
 States : he may reqnire the opinion, in writinji\ of the ])rincipal 
 officer in eaeli of the Executive Dei)artnients, npc>n an\' subject 
 relaiint^ to the duties of their respective offices ; and he sliall 
 fia\e power to grant reprieves and pardons for olFences against 
 the Confederate States, except in cases of im})eachmcnt. 
 
 •J. lie shall ha\e power, by and with the advice and consent 
 of the Senate, to make treaties, j)rovided two-thirds of the Sena- 
 tors present concur ; and he shall nominate, and by and with the 
 advice and consent of the Senate, shall appoint ambassadors, 
 other public ministers and consuls. Judges of the Supreme Court, 
 and all <^>ther officers of the Confederate States, whose appoint 
 ments are not herein otherwise })rovided for, and which shall be 
 establishetl by law : but the Congress may, by law, vest the a]5- 
 pointment of such inferior officers, a^ they think proper, in the 
 President alone, in the courts of law ov in the heads of Depart- 
 ments. 
 
 3. The ]»ri!U'i]ial officer in each of the Executive Departments, 
 and all persons connected with the diplomatic service, may In- 
 removed from office at the pleasure of the President. All other 
 civil officers of the Executive Department may be removed at 
 any time by the President, or other appointing jjower, when theii- 
 services are unnecessary, or for dishonesty, incajiacity, inefficien- 
 cy, misconduct, or neglect of duty ; and when so rejnoved, the 
 removal shall be reported to the Senate, together with the reasons 
 therefor. 
 
 4. The President shall have power to fill all vacancies that may 
 happen during the recess of the Senate, by grantingeommissions 
 which shall expire at the end oftheir next session ; but no person 
 rejected by the Senate shall be re-appointed to the same office 
 during their ensuring recess. 
 
 Skctiox ;{. 
 
 I . The President shall, from time to time, gi^ e to the Congress 
 information of the state of the Confederacy, and recommend to 
 their consideration such measures as he shall judge necessary and 
 expedient ; he may, on extraordinary occasions, convene botli 
 Houses, or either of them ; and in case of disagreement between 
 them, with respect to the time of adjournment, he may adjourn 
 them to such time as he shall think proper ; he shall receive am- 
 bassadors and other ])ublic ministers ; he shall take care that the 
 laws be faithfully executed, and shall commission all the officers 
 of the Confederate States. 
 
40 
 
 Skctton 4. 
 
 1. The 1 Resident, Vice Presitlent, :ind all civil officers of the 
 Confederate States, shall be removed from office on impeachment 
 for, and conviction of, treason, bribery, or other liigh crimes and 
 misdemeanors. 
 
 ARTICLE T[I. 
 
 Skctiox 1. 
 
 1. 'I'ho judicial ]jo\vci- of the Confederate States shall be vest- 
 ed in one Su))reme Ccjurt, and in such Inferior Courts as the 
 Congress may from time to time ordain and establish. The 
 judges, both of the Supreme and Inferior Courts, shall hold their 
 offices during good behavior, and shall, at stated times, receive 
 for their services a compensation, which shall not be diminished 
 din'ing their continuance in office. 
 
 !, The judicial po\vei' shall extend to all cases arising uudei- 
 ihis Constitution, the laws of the Confederate States, and treaties 
 made or which shall be made under their authority ; to all cases 
 alFecting ambassadors, other i)ublic ministers and consuls ; to all 
 cases of admiralty and maritime jurisdiction; to controversies 
 to which the Confederate States shall be a party ; to controver- 
 sies between two or more States ; between a State and citizen 
 of another State where the State is plaintiff*; between citizens 
 claiming lands under grants of different States ; and between a 
 State or the citizens thei'eof, and foreign States, citizens or sub- 
 jects ; but no Stute shall be sued by a citizen or subject of any 
 foreign State. 
 
 2. In all cases alfecting ambassadors, other public ministers, 
 • iiid consuls, and those in which a State shall be a i^arty, the Su- 
 ]ireme Court shall have original jurisdiction. In all the other 
 <-ases before mentioned, the Supreme Coui't shall ha\'o a})])ellate 
 jurisdiction, both as to law and tact, with such exceptions, .•md 
 under such regulations as the Congress shall make. 
 
 ;!. The trial of all crimes, except in cases of impeachment, 
 ^hall be l)y jury, and sr,ch trial shall be held in the State where 
 the said crimes shall have ))een committed ; but Avhen not com- 
 mitted withhi any State, the trial shall be at such place or pla- 
 ces as the Congress may by !;n\- Ikivc directed. 
 
 SKcriox '■>. 
 
 1. Treason against t lU' Confederate States shall consist only in 
 levying war agahist them, or in adheringto their 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 
 Of on confe's^ion i)) open court. 
 
4-1 
 
 2. The Congress shall have po\\'er to declare the puiushment 
 of treason, but no attainder of treason shall work corruption of 
 blood, or forfeiture, except during the life of the person attainted. 
 
 ARTICLE TV. 
 
 Section I . 
 
 1 . Full faith and credit shall be given in each State to the pub- 
 lic acts, records and judicial proceedings of every other State. — 
 .\nd the Congress may, by general laws, prescribe the niannei- 
 in which such acts, records and jtroceedings shall be]>j'oved, and 
 the ('ifect thereof. 
 
 Section 2. 
 
 I, The citizens of each State shall be entitled to all the i)rivi- 
 leges and inniuniities of citizens in the several States, and shall 
 have the right of transit and sojourn in any State of this Confed- 
 eracy, with tlu'ir slaves and other property: and the right (»f 
 property in said slaves shall not be thereby impaired. 
 
 '2. A person charged in any State with treason, felony, or oth- 
 er crime against the laws of such State, who shall flee from jus- 
 tice, and be Ibund in another State, shall, on demand of the Ex- 
 ecutive authority of the State from which he fled, be delivered 
 up, to be removed to the State having jurisdiction of the crime. 
 
 3. No slave or other ])erson held to service or labor in any 
 State or territory of the Confederate' States, under the laws there- 
 of, escaphig or lawfully carried into another, shall, in consecpience 
 of any law or regulation therein, be discharged from such service 
 or labor: but shall l)e delivered up on claim (^f the ]);n'ty to whom 
 such slave Ix'lougs, cr to whom such service oi- \ohov may be due. 
 
 Section ."5. 
 
 1. Otlitjr Slate.-- may Ik- admitted into this Confederacy by a 
 vote of two-thirds of the whole House of Representatives, and 
 two-thirds of the Seii;ite. the Senate votiiig by States ; but no 
 new State shall be formed or erected m ithin t!ie jurisdiction of 
 any other State ; nor any State be fomud by tlie junction of two 
 or more Slates, or ])arts of States, without the consent of the leg- 
 islatures of the States concerned as well as of the Congress. 
 
 2. The Congress shall havi' i)ower to dispose of and make all 
 needful rules an«l regulations cojicerning the pro]ierty of the 
 Confederate States, including the lands thereof. 
 
 ."i. The Confederate States may ac<piire new territory : and 
 (Congress shall have ]>ower to legislate and ]»rovide governments 
 lor the inhabitants of all territory belonging to the Confederate 
 States, lying Avithout the limits of the several States; and may 
 ))ermit them, at sucli times, and in >uch mamxM- as it may by law 
 provjile, to form Stat(»s to be admitted into the Confederacy. In 
 
nil such territon , the institution of negro ^^l;lvel•y, as it now cxist> 
 in the Confederate States, shall he recognized and protected hv 
 Congress and hy the territorial government: and the inhabitants 
 of the several Confederate States and Territories shall have the 
 right to take to such territory any slaves lawfully held by them 
 in any of the States or Territories of the Confederate States. 
 
 4. The Confederate States shall guarantee to every State that 
 now is or licrcai'tcr ina}' become a member of this Confederacy, 
 a republican form of government, and shall protect each of them 
 against invasion ; and on ap]>lication of the legislatm'C (or of the 
 Executive when the legislature is not in session) against do- 
 mestic A-iolence. 
 
 ARTICLE v. 
 
 Skctiox 1. 
 
 I . Upon tlie demand of any three States, legally assembled in 
 their several Conventions, the Congress shall summons a Con- 
 vention of all the States, to take into consideration such amend- 
 ments to the Constitution as the said States shall concur in sug- 
 gesting at the time Avhen tlie said demand is made ; and should 
 any of the proposed amendments to tlic C^cmstitution be agreed 
 on by the said Comention — a oting by States — and the same be 
 ratified by the legislatures of two-thirds of the several States, or 
 by Conventions in two-thirds thereof — as the one or the other 
 mode of ratification may be proposed l)y the general Convention 
 — they shall thenceforward form a part of this Constitution. But 
 •no State shall, without its consent, he deprived of its equal rv])- 
 resentation in the Senate. 
 
 ARTICLE VI. 
 
 1. The Government established by this Constitution is the suc- 
 cessor o^ the Provisional (Tovernment of the Confederate States 
 of America, and all the laws passed by the latter shall continue 
 in force until the same shall be repealed or modified ; and all the 
 officers a])pointed by the same shall remain in office until their 
 successors are appointed and qualified, or the offices abolished. 
 
 2. All del)ts contracted and engagements entered into before 
 the adoption of this Constitution shall be as valid against the 
 Confederate States, under this Constitution, as under the Provi- 
 sional Government. 
 
 3. This Constitution, and the laws of the Confederate States, 
 made in pursuance thereof, and all treaties made, or which shall 
 be made under the authority of the Confederate States, shall be 
 the supreme law of the land : and the judges in every State- 
 shall be bound thereby, anything in the Constitution or laws of 
 any State to the contrarv notwithstanding. 
 
4H 
 
 i. The Senators and reproscntativos before Juentioned, aiul 
 the members of the several State legishitures, and all executi\ e 
 and judicial officers, both of the Confederate States and of the 
 several States, shall be bound by oath or affirmation to support 
 this OoTistitntion ; but no religious test shall ever l)e required as 
 a qualification to any office or public trust under the Confederate- 
 States. 
 
 0. The enumeration, in the Constitution, of certain rights, 
 shall not Ije construed to deny or dis]iarage others retained bA- 
 the people of the several States. 
 
 6. The powers not delegated to the Confederate States b} 
 the Constitution, nor prohibited by it to the States, are reserved 
 to the States, respectively, or to the people thereof. 
 
 ARTICLE VTI. 
 
 1. The latllication of the conventions of live States shall be 
 ;sufficii'nt for the establishment of this Constitution lietwc^en the 
 States so ratifying the same. 
 
 2. When live States shall have nititied this C'onstitution, in 
 the manner betbre specified, the Congress, under the Provisional 
 Constitution, shall j)rescribe the time for holding the election of 
 President and Vice-President ; and for the meetuig of the Elec- 
 toral College ; and for counting the votes and inaugurating the 
 President. They shall also prescribe the time for holding the 
 first election of members of Congress under this Constitution, 
 .nid the time for assembling the same. Until the assembling of 
 such Congress, the Congress under the Provisional Constitution 
 shall continue to exercise the legislative ]>owers granted them, 
 not extending beyond the time limited by the Constitution of 
 the Provisional rTOvernment. 
 
 I No. 29. I 
 
 .\n Ordinance providing for the division of the State into C-on- 
 gressional and Electoral Districts. 
 
 1 . lie it ordaltied hy the people of the State of Florida, in Con- 
 ctxtlon assembled. That for the purpose of providing for the rep- 
 resentation of this State in the Congress of the Confederate States, 
 the State sliall be and is hereby divided into two Congressional 
 Districts, which division shall continue mitil the General Assem- 
 bly otherwise j>rovides. In each of said Districts there shall be 
 elected, by the qualified voters thereof^ one Representative in 
 
u 
 
 said Coii^ix'ps, wlio shall have been an inhabitant of the District 
 ill which he is elected at least six months jn-ecedino- the dav .ij" 
 election. 
 
 '2. Be it fitrthrr ordained^ That when any new a])i)ortioinni.iit 
 ot' representation is made, nnder the provisions of the Constitu- 
 tion of the Confederate States, the General Assembly shall divide 
 the State into as many Districts of contiguous territory as there 
 may be rejiresentativcs allotted to the State of Flori(bi by such 
 apportionment. 
 
 8. Be it fiirthi r urddiutd^ That all tliat jtart of the State lying 
 East of the Suwannee River, shall constitute the first (\;)ngress- 
 ional District, and the remaining ])ortion of the State, not inclu- 
 ded in the limits before mentioned, shall constitute the second 
 ( 'ongressional District. 
 
 4. Be it fitrthcr ordained, Tliat an election shall be held on 
 the first iMonday in October next for two members to represent 
 the State of Florida in the Congress of the Confederate States, 
 which election shall be governed by the laws which regulated 
 the elections of members of Congress of th.o late T'''nited Staler. 
 save as to the qualification of voters. 
 
 5. Be it further ordained. That for the })nrpose of choosing 
 electors for President and Vice-President of the Confederate 
 States of .Vmerica, the State is divided into two electoral Dis- 
 tricts, corresponding with the two Congressional Districts before 
 pi-ovrded for, as follows : The first Congressional District shall 
 be the first electoral Distrii-t ; and the second Congressional Dis- 
 trict shall lie the second electoral l^istrict ; and one elector from 
 each of said Districts, and two from the State at large, shall be 
 elected by general ticket by the (jualified voters, until i1)p Cen- 
 ei'al Assembly shall otherwise jirovide. 
 
 Don*' in open Convenlion, April 2."^, iSUl. 
 
 ISTo. 30. 1 
 
 Jie it ordai/ii d In; tin people of 'he intuit oj Flor ,,, 
 
 rention (iftsendded. That imtil the Confederate States make pro 
 vision for the military defence of the Ports of Ajialachicola, St. 
 Marks, Cedai- Keys, Fgmont Keys, St. Augustine, the mouth of 
 St. Johns River, Fernandina, and such other ports as may be 
 necessary-, the (lovernor of this State be and he is hereby au 
 thorized to use such means as in his judgment may Tie ne 
 for the proper defence of the points indicated. 
 
 ]*assed in o))en Convention, Api'i] 2i.'(l. 18(i!'. 
 
 ?C(-ss;n"\ 
 
45 
 
 1 No. 31. j 
 
 Bi- it ordained b(/ t/n. people of tJu IStutr of J'lorida in Cox- 
 I'ention assonhled^ Tluit all persons holding office, either civil or 
 luilitarv in this State, or Avho may hereafter be appointed or elec- 
 ted to any office, civil oi military, be required, before they entei" 
 upon the duties of their res),ectivc offices, to tnlcc the folio winjy 
 I tath or affirmation : 
 
 I do swear (or affirm) that I am duly (pialihed, according to 
 the Constitution of this State^to exercise the office to which T 
 have been elected (or ap])ointed,) and will, to the best of my 
 abilities, discharge the duties thereof, and preserve, protect and 
 defend the Constitution of this .State and ol" the CVmfederate 
 States of America. 
 
 Passed in o])en (V)nventioii. April 2;-!d, 1801. 
 
 I No. 32. I 
 
 Bb ft orduiind by tin i>ivi>lr o/ tin State of J-^lorida in Con- 
 i-ention atisejnbled^ Tiiat the two first paragraphs of the ordinance 
 numbered two, in the ])rinted and published coi)y of ordinances 
 which were adopted by the Com ention on the J 5th day of .Jan- 
 uary, 1861, be repealed, and that the last paragraph of said ordi- 
 nance be limited in its application to such money or property as 
 was received by the officers of the late Ignited States in this 
 Statct uj) to the* 10th day of February, A. 1)., 1861. 
 
 Be itfartJtrv ordained^ That the ordinance num])ered three 
 of the said j<ublislied ordinances, Avhich Avas adojtted iti Conven- 
 tion on the loth day of January, .1861, be re})ealed, and that all 
 judicial jimceedings and records therein mentioned be trans- 
 ferred and delivered to the District Court of the Confederate 
 States fur the District of Florida. 
 
 Be. itfiii'tJier ordained^ That the ordinance nuud)ered seven, 
 continuing the offices of the late United States, and making them 
 offices in tliis State, and providing to retain the jiersons in office, 
 who held the same, which ordinance was adopted in Convention on 
 the ITth .Tanuary, 1861, and the ordinance numbered eight of 
 said published ordinances, Avhich authorized the Governor to re- 
 ceive into the service of this State officers in the service of tlie 
 I'nited States who should resign from such service, which ordi- 
 nance was adopt ('<! in Convention on the 17th .Tanuary, 1801, 
 ;ind th<' nrdinaucf iiunibvred nine of said ijublished ordinances. 
 
4t; 
 
 >vhich )iv(»\iile(l for the abolition ol" useless ottiees toriiu-rly exisl- 
 'm<i in this State unJcr the F'ederiil Goveniineiit, wliieh saiil or- 
 dinance was adopted in Convention on the 17th Jainiarv, 18G1 : 
 the ordinance inimbered eleven ol" said iiuhlishcil ordinanees, 
 which gives power to the General ,\.ssenihly to declare who are 
 citizens^of this State, and provides for the punishment of such 
 persons as shall hold office in this State under the United States, 
 wliich ordinance Avas adopted on the iTtli Januarj-, 18G1 ; the 
 ordinance numbered seventeen, creating an .Vdiniralty Court at 
 Key West, which Mas adopted on the ]nth January, 18G1 ; the 
 ordinance numbered eighteen, of the jtublished ordinances, pro- 
 viding for the carriage of the mails in this State and for other 
 ])urposes, which said ordinance was adopted on the 1 9th Janua- 
 ry, 1861 ; the ordinance numbered nineteen of said published 
 (jrdinances, which transfers to the Circuit Courts of this State 
 Jurisdiction over the subjects of jurisdiction formerly Avithin the 
 control of the late District Court of the United States, Avhicli 
 said ordinances was adopted on the 19th Jamiary, 1801 ; tlie 
 i-esolution adopted in Convention on the 18th January, 18G1, 
 directing the General Assembly to provide for the maintenance 
 of the Light Houses, and the resolution adopted in Convention 
 on the 17th January, 18G1, giving instructions to the Delegates 
 sent to represent this State in the Convention of Southern States 
 at Montgomery be and the same are severally amiulled and re- 
 pealed. 
 
 Passed in o))en (\)nveTilion April 24th, ISGi. 
 
 I No. 33. I 
 
 An Ordinance relative to the Public Lands of this State. 
 
 J . J]e it ordained by the people of the State of Florida in Con- 
 rention assembled^ That the State of Florida has jurisdictioii over 
 the public lands within her limits, and she now assumes the pro- 
 prietary right therein, and will account for the same, subject to 
 any claims the State of Florida may have against the late United 
 States, through the Government of the Confederate States, in 
 such manner as may be determined in a final adjustment of all 
 rights and questions pending Ijetween said Confederate States 
 .and such Government as may represent the other States of the 
 late Federal Union. 
 
 2. Jie it further ordained, That it shall be the duty of the Reg- 
 ister of State Lands to t.ake the control and management of the 
 
47 
 
 lands enuriiigto the State ou and since the 10th day of January, 
 1861, and sell thera under the same rules and regulations, accord- 
 ing to law, as other lands under his control are now sold, except 
 that titles to the same shall he made by patents issuing in the 
 name of the State of Florida, signed by the Governor and coun- 
 tersigned by the Register, Avith an official seal attached, which 
 seal said Register is hereby required to provide ; and that, for 
 this service, he shall be allowed an additional Clerk, with a salary 
 of eight hundred dollars, until otherwise directed by the General 
 Assembly. 
 
 o. Be it further ordained^ That all the books, maps, plats and 
 other documents, instruments and other proi)erty in the posses- 
 sion of the late Surveyor General of Florida, the several persons 
 who were late Registers and Receivers, and the several Timber 
 Agents of the late United States in the State of Florida, shall, 
 upon being required by the Register of State Lands, as soon as 
 may be after the passage of this ordinance, be transferred to and 
 I)e kept by him in his office at the Capitol ; and for the cost of 
 such transfer he shall make out his account, which, being audited 
 by the Comjitroller of Public Accounts, shall, uj)ou his warrant, 
 be ])aid by the Treasurer of the State. 
 
 k JDc it farther ordained^ That the j)ersons having in their 
 possession the books, maps, plats and other documents, instru- 
 ments and other ))roperty belonging to the offices of the late Sur- 
 veyor General of Florida, the Receivers, Registers and Timber 
 Agents of the late United States, are hereby required to transfer 
 and deliver the same to the Register of State Lands upon his 
 requisition ; except that the Spanish Archives in the posssession 
 of the late Surveyor General are liereby required to be trans- 
 ferred by the person in charge of the same to the Clerk of the 
 Circuit Court of St. Johns county, to be kept by him as a ])art 
 of the records of his office, until otherwise directed by the Gen- 
 c\[i\ Assembly of the State. 
 
 •5. Be it further ordained^ That the Register be required to 
 appoint one suitable person in each of the judicial circuits of the 
 State, (except the Middle Circuit) as salesman or receiver of 
 these lands, whose duty it shall be on aijplication for the pur- 
 chase of land, upon a deposit of the purchase money for the 
 same, to communicate to the Register the name of the party 
 applying, the range, township and section of land, and amount 
 of money deposited, upon the reception of which the Register 
 shall issue a patent for the same in the name of the ])arty pur- 
 ••hasing. That said salesman or receiver shall at the end of each 
 iind every quarter make to the Register a tair return of all lands 
 entered at his office, embracing the name of the purchaser, the 
 amount of )noney ]>aid, and the range, township and section of 
 land. That such salesman or receiver shall respectively enter 
 
48 
 
 luio sMcli honcls, iu sufh uiiKnints and -wiLli suc-h socurieties as 
 may be ai)prove(l by the Judge or Solicitor of their respective 
 Judicial Circuits, and shall receive for their services the sum of 
 two and a half per cent, on all actual sales at their respective 
 offices. The Register shall draw on the several salesmen or re- 
 ceivers respectively, at the end of each and every quarter, for all 
 moneys in their offices and thereafter on warrant of the Register, 
 the Treasurer of the State shall pay the above commission to the 
 respective salesmen or receivers. 
 
 6. Jie if farther ordained^ That the Register of State Lands 
 be and he is hereby required to complete any unfinished work 
 in the office of the Surveyor-General, and for this purpose to 
 engage the services of some competent clerk, who for such ser- 
 vice shall receive such pay as the said Register by and M'ith the 
 advice of the GoAcrnor, may think proper, which amount shall, 
 upon his warrant, be paid by the Treasurer. 
 
 7. Be it fartlirr ordabied^ That all money received from the 
 sales of said lands, shall at the end of each and every quarter 
 l)e paid into the office of the Treasurer of the State, to be ap- 
 plied to such pin-])oses as may be hereinafter directed by ordi- 
 nance of this Convention. 
 
 8. lie it flirt Iter ordained^ That no military or bounty land 
 warrant issued by the Government of the late United States shall, 
 after the passage of this ordinance, be located upon any of the 
 Public Lands of this State, unless due proof shall Ix' made under 
 • >ath, before the Register of State Lands, or some Judicial officer, 
 ib.at such land warrant was held by a citizen of this State on the 
 tenth of January, 1861 ; but all such warrants so held, and so 
 proved, may be located upon any of the public lands of the State, 
 in the sanui manner, and under the same laws and regulations 
 as they could have been under the government of the late United 
 States. 
 
 9. Be it ftirtJur ordained^ That nil monies now in tJie hands 
 of the Receivers of the several Land Offices be paid over to the 
 Treasurer of the State, and they and their sureties shall be held 
 harmless against all damages which may be claimed by the late 
 United States by reason of their compliance with the require- 
 ments of this ordinance. 
 
 10. Be iffurt/ier ordained, That the State of Florida hereby 
 assimies all arrearages due by this State to all officers and 
 employees connected with the Surveyor General's Department, 
 and the officers and employees of the se^•eral land offices Avithin 
 this State, for services rendered subsecpient to the tenth day of 
 of January, 1861, who have given bonds in conformity with the 
 ordinances of this Ck)nvention, to be paid upon warrant of the 
 Register of State Lands upon the Treasurer, and tliat they account 
 with the Register of Public Lands in this State for all monies 
 
49 
 
 which have come into their hands from sales vi' lands !»ince the 
 date of tenth of January, 1861. 
 
 11. Be it further o)-dainc(7, That the State of Florida hereby 
 assumes all arrearages due by the late government of the United 
 States to all otiicers and eni])loyecs connected Avith the Surveyor 
 General's ilepartment, the several land ofhces and all timber 
 agents within this State for services rendered prior to the tentli 
 day of January, 18G1, tlie correctness of the same and that it had 
 never been paid having been first made under oath before the 
 Register, or some Judicial officer, and the same shall be paid by 
 the Treasurer of the State, irom funds arising from the sales of 
 the public lands, u])on the warrant of the Com]»trolk'r of Public 
 Accounts, said Comptroller having first audited the same. 
 
 12. lie itfiii'tlttr ordai/itd, That all laws and parts of laws of 
 the late Government of the United States, respecting the sales 
 and surveys of the public lands in this State, and all rules and 
 regulations concerning the same, which Avere in force in this 
 State on the tenth day of January, ISGl, and which are not in- 
 consistent with any of the ordinances passed by this Convention 
 shall continue in full force in this State. 
 
 13. IJi it further ordained. That the several land offices at 
 St. -Augustine, Tamjia, Newnansville and Tallahasscoe, and the 
 office of Surveyor-(i!eneral of the State of Florida, mider the 
 late United States, be and the same are hereby abolished. 
 
 14. lie it further ordained. That the Register of State Lauds 
 be and he is hereby authorized to make all necessary arrange- 
 ments and to take all proper measures to bring into market, by 
 first olfering the s;jme at public auction, all lands included in the 
 Military and Xaval Reserves of the late United States, except- 
 ing so much as may be deemed necessary for the use, occupation 
 and possession (»f such forts, dock-yards, navy-yards, and other 
 public structures as may be ceded by this State to the Confed- 
 erate States, which shall be determined by a joint'commission of 
 two Commissioners, to be agreed upon by the Governor of the 
 State of Florida alid the President of the Confedei'ate States, 
 and excepting further certain lands in Ilillsliorough and Escam- 
 bia counties, hereinafter provided for. The times of such ])ublic 
 auction to be determined by said Register, l)y and with the ad- 
 vice of the Governor. Provieleel, ucvertheksg, the minimum 
 prices of such lands within six miles of any railroad line shall be 
 two and a half dollars per acre, and of other lands one dollar 
 and twenty-five cents per acre, and the necessaiy expenses of 
 such public sales shall be ]jaid out of the ])roceeds thereof, and 
 the balance of money arising from the same shall be paid into 
 the Treasury as and for the same purpose as from other lands. 
 After these lands shall have been so offered, the lands remaining 
 
 4 
 
50 
 
 misokl, shall he suhject to entry at the ininimuni price above 
 named. .\1I other lands already surveyed are hereby rendered 
 subject to eiiliy at the same ])ri(.'es as under the late United 
 States. 
 
 15. lie it fui'thti' orduiiud^ That in all eases of erroneous en- 
 tries Jiei'etofore made, or whieh may hereafter be made, Avhicli 
 were caneelled by the authorities of the late United States, or 
 which may hereafter be cancelled by the llegister of State Lands 
 of this State, and the purchase money for which has not been 
 refunded, the; Treasurer is hereby authorized and I'equired to re- 
 fund the same out of the moneys received by him on account of 
 the public lands, upon the certificate of said Register that such 
 entry or entries have been cancelled. 
 
 10. Beit further ordained^ That should the Register of State 
 Lands, in the discharge of his official duties, require lerjal advice, 
 the Attorney General of "the State shall be and he is hereby in- 
 structed to give the same upon application of said Register. 
 
 17. Be it fio'thtr ordained, That the Governor of the State of 
 Florida be and he is hereby required, by issuing Patents in the 
 n.'une of the State of Florida, signed by the Governor and coun- 
 tersigned by the Jlegister of State Lands, with his ofticial seal 
 .•iltached, to i)erfect all titles to lands heretofore sold or granted 
 by the late United States, (where such sales or grants have not 
 heretofore been patented, and ^here the laws of the late United 
 States and of this State itertaining thereto have been fully com- 
 plied with,) and also to such as may hereafter be sold in the land 
 office of tliis State. 
 
 18. Be it further ordained, ^Thut if, at any time hereafter it 
 sliall, in the opinion of the General Assembly, be to the best in- 
 terest of the State to reduce the price of these lands, such reduc- 
 tion may be made by a vote of two-thii'ds of both houses of that 
 body. 
 
 19. Be it fi(rther ordaintd, That all moneys arising from the 
 sales of these lands shall l)e applied to the. payment, — first, of 
 debts liereinbefore assumed by the State, and of the salaries of 
 the several Land OtHcers herein provi<lcd for and the necessary 
 expenses jiertaining to the discharge of their duties. Secondly, 
 1.0 the payment of sucli interest as may accrue on bonds about 
 to be issued by the States ol' Florida, and for the final extinguish- 
 ment of the debt created by said bonds; and if, thereafter, there 
 should be a residue, it shall be ajjplied, — first, to the payment of 
 any Treasury Notes which may be issued by the State, and if 
 said fund sliall Jiot have been thereby exhausted, it shall be then 
 applied to the ordinary expenses of the State. 
 
 20. Be it further ordained, That the County Counuissioners 
 of Hillsborough county, and their successors in office, be and the 
 j^ame are hcrel)y made and aj^pointed Counuissioners for the loca- 
 
51 
 
 lion, siux'ey ami division into blocks iind lots ot' a towu site on 
 th(^ military reservation in the atbrenanieil county, at sucli point 
 adjaccal t<> tlu' tt>\vii i;{' IVunjia, and in siicli nianuer as may, in 
 their judgment, promote to the best advanta;^e the sales of the 
 same. And the said Commissioners shall further subdivide into 
 farms, so much of the remainder of said military reserve, as in 
 tlieir judgment may be conducive to the sale thereof to the best 
 advantage, excepting such portion thereof as may have been 
 heretofore selected by the Agents of this iState, and designated 
 by them as swam]) ami overflowed lands ; and for this pm-pose 
 said Commissioners shall have power to employ a competent 
 Surveyo]", and shall make to said Surveyor a reasonable compen- 
 ])ensation, the amount of which shall be signified under their 
 signatures to the Comptroller of Public Accounts, upon whose 
 warrant the same shall be paid by the Treasurer. 
 
 21. Be tt farther ordahicdy That so soon as the above surveys 
 shall have been completed, and ;it as early a day as ])racticable, 
 the aforenamed Commissioners, having first given notice by adver- 
 tisement for one month in the jniblic newspajiers in Tampa, Tal- 
 lahassee, Jacksonville and Savannah, (one at e;ich place) shall 
 t)tter the same at public auction to the highest bidder, liaving 
 first fixed a miiiinxum price thereto ; and shouhl any person have 
 any buildings or private ])roj)erty on any of these lands, and said 
 lands should, on the sale thereof, be knocked oil" to any person 
 or persons other than the owners of such buildings <ir other pri- 
 vate i)roperty, then the said Connnissioners shall select three 
 Kuitable persons to assess and fix a valuation to such pro])erty; 
 .and thereupon the party having before bid ofi" said lot or lots ot 
 lands shall be required to pay to the owner thereof the aforesaid 
 valuation, or yield his claim to said land to the next bidder belov/. 
 
 22. Be It farther ordained^ That upon api>lication of the pur- 
 diaser or purchasers of all such lands, Avith a certificate of said 
 )>urchase from the said Connnissioners, and upon payment of the 
 amount due for the same to the Register of State Lands, said 
 sales shall be recorded and patented to the same in the same 
 manner as other public lands. 
 
 2."i. Be it farther ordained. That should any of such lands, so 
 surveyed and divided under the direction of said Conmiissioners, 
 remain imsold ;it such ]»ublic sale, the Commissioners are hereby 
 empowered to manage and dispose of said lands by ]»rivate or 
 public sale, and at such times as they may deem best. 
 
 24. Be it farther ordnined^ That the remahiing lands of the 
 aforesaid Military lleservation, aftei- the above portions shall liave 
 been so dis])osed of, shall be o)>en for entry in the same manner 
 as other public lands. 
 
 25, Be it farther orekdned. That the Count} Connnissioners 
 of the County of AVakulla bo and they are hereby made and 
 
appointed Cornuiissioiierjs to dispose ul' ct'rtaiii lots and lands 
 reserved by the lato Government of the United States at 8t. 
 Marks, and sueh Commissioners are hereby empowered to sell 
 such lots and lands either at public outcry or at ]jrivate sale, as 
 in their judgment nuiy be 1)est for the interest of the State. 
 
 26. lie. it furtht)' ordained^ That upon the presentation of the 
 certiticates of such sale, over the signatures of said Commission- 
 ers, to the Register of State Lands, and payment to said Regis- 
 ter of the purchase money for the same, said sales shall be 
 recorded and })atented in the same manner as other public lands. 
 
 27. Be it farther ordcmted, That the Commissiuni-rs of the- 
 County of Escambia, and their successors in office, are hereby 
 authorized to select three Commissioners (and to lill vacancies 
 tlierein,) whose duty it shall l)e, after selection shall have; been 
 made as hereinafter provided of so much lands of the Naval 
 Reserve as may be deemed necessary for the use, occupation and 
 possession of the forts, dock-y:>rds, navy-yards and othei- ijublic 
 structures in the vicinity of Pensacola, to affix a fair valuation 
 as a minimum pi-ice to all lots in the towns of Woolsey and 
 Warrington which may have been improved and not selected as 
 above, and oiier the same at such minimum price to the owners 
 of such improvements ; but should such owners not be Avilling 
 to pay the same, then all such lots shall be sold us other lands 
 horemafter directed. 
 
 28. JBe it further orddi/ied., That said Commissioners shall 
 have power to employ a competent Surveyor, to lay off into lots 
 and farms, under their direction, so much and such of the re- 
 maining lands of said Naval Reserve as they may deem conducive 
 to the best interest of the State, and to affix a minimum value 
 to the same, and after having given notice for one month in a 
 public newspaper, jtublished in the several towns of Pensacola, 
 Tallahassee, Mobile and Montgomery, for the public sa.le thereof, 
 at such time or times as they may deem advisable, they shall 
 offer the same at public aucti(jn to the highest bidder. And the 
 purchaser of parchasers of said land, as well as of the lots 
 named in the foregoing section shall recei\e patents for the 
 same, in the same manner as is hereinbefore provided, in section 
 20. Said Commissioners shall allow to said Surveyor a reason- 
 able compensation, to be approved by the Register of State 
 Lands, and upon his Avarrant to be paid by the Treasurer. 
 
 29. Be it further ordained. That should any lands of said Re- 
 serve, so divided, remain unsold, the said Commissioners are 
 hereby empowered to sell the same, in such manner and at sucli 
 times as they may deem to the best interest of the State. But 
 Bhould there be in said Reserve any lands not so divided, then 
 the same sha,ll be disjtosed of in the same manner as lands in oth- 
 er reserves hereinbefore provided for. 
 
53 
 
 30. Be it further ordained^ That the Commissioners afore- 
 named, as Avell at St. Marks as at Tampa and Escam])ia County, 
 shall be allowed two and a half per cent, on their actual sales cf 
 all such lots and lands, said amount to be ascertained and audited 
 by the Recrister of State Lands, which shall upon his warrant be 
 paid by the Treasurer of the State. 
 
 31. ^e !t further ordained. That should the demand for land.s 
 m South Florida, at any time in the judgment of the Governor 
 of this State, render it advisable to bring the same into market 
 then the Governor of the State shall, with the .-idvice and consent 
 of the Senate, have power to instruct and require the Res-ister of* 
 State Lands to }>roceed to have the same surveyed in the same 
 manner :md under the same rules and regulations as public 
 lands in tiiis State have heretofore been surveyed under the Gov- 
 ernment of the late tJnited States, and to *])Iace the same in 
 market. 
 
 32. Jie if further ordtcihed, ITiat should such surveys be or- 
 dered, the expenses for the same shall be provided for by the 
 General Assembly of this State, out of any money in the Treasury 
 of the State, not otherAnse a))pro])riated.* 
 
 33. B( -it further ordi/ijied. That .all laws and parts of laws, 
 :md ordinances and ])arts of ordinances, now in force in this 
 State and conflicting with this ordinance, be and the same are 
 herel)y repealed. 
 
 34. Be it further ordained. That the General Assembly of this 
 State be and the sanu" is hereby debarred .-md precluded from 
 giving, granting, apjirai^ri.ating', or disposing of these lands in 
 any mamiei- whatever : Pro>:ided, however. After the Bonds and 
 the interest which may have accrued thereon, as Avell as the 
 Treasury notes issued by this State, shall have been paid, then 
 the General Assembly shall have power to a])ply any balance 
 arising from the sale of these lands to the ordinary exjienses of 
 the State (ioverument. 
 
 35. Be it further ordainid. That the (i!ovei-nor <,[' this State 
 be and he is here1)y authorizeil to appoint one Connnissiouer to 
 act in connection with a Connnissiouer to In- :ij)])()inted bv the 
 President of the Confederate' States, to select such and .-o nuic?. 
 of the publii- laiuls of this State as may by them be deemed 
 necessary for the use, occupation and possession of such Font., 
 Dock Y.ards, Navy Yards and other structures, as ma^ be r-eded 
 by this State to the Confederate States. 
 
 36. Be it further ordained, Tliat no provision contained in 
 any of the ordinance relative to the jniblic lands of the late United 
 States is intended to affect or in any wise be consti-ued to the 
 prejudice of the rights which the State of P'lorida has acquired 
 to the swamp and overflowed lands, imder and bv \irtue of any 
 act of the Congress of the said Ihn'ted States, granting snid lands 
 
54 
 
 to this Slutf, wlR-llier the t>;vine have heen lueated ami i^elocted 
 or not; and the Trustees of the same are herehy authorized and 
 required, to cause the SAvanip and overflowed hinds to he located 
 and selected from such lands as have not yet been surveved and 
 oft'ered for sale, as soon as the unserveyed lands shall have heeii 
 sarveyed. 
 
 Done in open Convention, A\m\ 20, 18G1. 
 
 [ No. 34. 1 
 
 An ordinance to raise money for the immediate exigencies of the 
 State, and for the payment of the public debt. 
 
 1 liti It onlahied by the ptOjAc of the Nute of Florida hi- 
 Convention ossemhled. That the Governor be and he is hereby 
 authorized to borrow the sum of five liundred thousand dollars, 
 to bo applied, first, to the debts of the State, and secondly, to 
 such other pm'poses as the condition of the country may render 
 necessary. 
 
 2 Be it furtJtcr oydaintd^ That the Treasurer of the State is 
 hereby autliorized and required, mider the direction of the (Gov- 
 ernor, to cause to be issued coupon bonds, in sums of ^25, |v50, 
 §100, $500, and !S51,000, amounting in the aggregate to $500,000, 
 to be signed by the Treasurer, and countersigned and registered 
 by the Comptroller ; and tlie s;;id bonds shall be made payable 
 at the expiration of twenty years from the first day of July next, 
 acid the interest thereon shall be paid semi-annually in the city of 
 Charleston, at the rate of eight per cent, per annum. 
 
 3. Be it further ordained., That at the expiration of five 
 years from the first day of July next, the State may pay up any 
 portion of the bonds, u})on giving three months previous public^ 
 notice at the seat of government of the particular bonds to lie 
 paid, and the time and place of jiayment, and from and after the 
 time so appointed no furthei* interest shall l)e ]inid on said 
 bonds. 
 
 4. Be it farther ordained, Tliat the re\enue arising froju 
 the sale of the pul^lic lands', except the proceeds of the lands 
 specifically set apart for Education and Internal Im[)rovements, 
 shall be primarily a])plied to the payment of the interest on the 
 bonds enacted by this ordinance. 
 
 5. Be it further ordained. That in case the revenue arising 
 from sales of the lands herein de.votedto pay the interest on said 
 Vonds shall be likelv to be insulficint therefoi', the General As- 
 
55 
 
 r 
 
 senibly shall levy a special tax to pay said interest ; aud any Ihm 
 for such purpose shall be passed at such period of time as %vill 
 prevent any failure to })ay said hiterest. 
 
 6. Jie it J'/o't/icr ordained, That any excess of revenue arisinrj 
 from the sale of the lands above which may be necessary for 
 payment of interest on said bonds, shall be invested by the Trea- 
 surer from time to time, under the instructions of the Governor, 
 in some safe stock, to constitute a sinking fund for tlie ultimate 
 redemption of thebomls. .Vnd should such excess at any time be 
 insuilicient to create the necessary sinking fund to redeem said 
 bonds at maturity, the CTcneral Asst'inbly shall provide from tlic 
 revenue of the State for such deficiency ; and should such excess 
 exceed the amount necessary for the sinking fund aforesaid, then 
 the balance shall be paid into the State Treasury. 
 
 7. Be it //o't/ier ordained^ That the Governor shall cause 
 books of su])scription for said loan to be ojjened, under the 
 superintcndance of Commissioners a])i)ointed by him, in such 
 places as he may think jiropci-. 
 
 8. Be it farther ordoiiied^ That the money subscribed to the 
 loan hereby authorized shall be paid to the Treasurer of the 
 State, who is authorized, under the direction of the Governor, to 
 designate responsible })laces of deposit in this State, and in such 
 other places as he may thitdc ]M-opcr. 
 
 9. Be. it further ordained^ Tliat the Treasurer sliall deliver to 
 the subscribers to said loan, bonds as albresaid for such amount 
 of money as each may have subscribed and paid under the pro- 
 visions oi' this ordinance. 
 
 10. Be it farther ordaine'.i\ Tliat this is declared to be in lieu 
 and substitution of the act passed by the Legislature at its last 
 session for creating a loan of five hundred thousand dollars, ap- 
 proved the 14th February, 1801, and that said act of the Legis- 
 lature be and the same is hereby rcjjealed. 
 
 Passed in open Convention, April 21st, 180]. 
 
 l. No. 35. j 
 
 JJe it ordained by the people of the State of Florida in Con- 
 ventioii assembled^ That so much of Ordinance No. 22, hereto- 
 fore passed by this Convention, giving power to the Governor, 
 by and with the advice and consent of this Convention, to appoint 
 Delegates to represent this State in the Provisional Government 
 be and the same is hereby repealed. 
 
 Passed m open Convention April 26, 1801. 
 
56 
 
 [ No. 36. 1 
 
 An Ordin:mcf I'or i he relief of Railroad Companies and the Col- 
 leetors of Customs. 
 
 Be it ordabied hi/ the people of the IState of 1^^ lor i da in Con- 
 vention assembled. That all duties on importations of iron which 
 were due to the Government of the late United States by the 
 Pensacola and Georgia, and Alabama and Florida Railroad 
 Companies, incor})orated by the Legislature of this State, and 
 any such duties which have become due by either of said Com- 
 panies between the tenth day of January and tenth day of Febru- 
 ary of this year, may be secured to be paid by any of said companies 
 by the execution of a bond, with two or more sufficient sureties, to 
 be approved by the Treasurer of the State, in a penalty of double 
 the amount of the duties due ; which bond or bonds shall be made 
 payable to the Governor, or his successors in office, tAvelve months 
 after their date, w ith interest at the rate of eight per cent, per 
 annum from the date at which such duties become due. And such 
 bond or bonds shall l)e deposited with said Treasurer. And in 
 case of fxilure of the jiayment of such sum or sums so secured 
 to be paid, the Circuit Court of Leon Comity shall, on motion 
 of the Attorney-(Teneral, award judgment nnd execution against 
 the parties to said bond or bonds, written notice of the intention 
 to make such motion having been served on each and every of 
 said parties to said bonds ten days before the day on which such 
 motion is to be made ; and the execution on any judgment s(> 
 rendered shall issue instantei* ; and a sale of property levied on 
 imder such execution shall take place on any day in the year, 
 after notice shall have been given as proA'ided by hiw in cases of 
 sales under execution. 
 
 Be it further ordained,.. That upon the presentation to any 
 C'ollect'or of a certificate from the Treasurer that bonds have 
 been given as hereinbefore required, said Collector be and he is 
 hereby authorized to deliver to the Company or their agent, any 
 and all iron on which the duties were or are due as aforesaid, 
 and to close his accounts with the Pensacola and (Jeorgia, and 
 the Alabama and Floiida Ilailroad Companies for duties, and to 
 return to them any assets which they may have ])laced in his 
 hands si.s collateral security, the State assmning hereby all the re- 
 sponsibility that attached lo said Collector on account of said 
 duties. 
 
 Pass('(i in o] ten (■'ojivontioii, the 27th of April, 18G1. 
 
57 
 
 [ Ko. 37. ] 
 
 Be it ordained by the people of the /State of J^lorida in (Jon- 
 cention assembled, That the " quahfied surrender of the Forts, 
 munitions of war, etc., at Pensacola," made to the " Provisional 
 Government of the Confederate States, by the Governor of this 
 State" be and the same is hereby appro.ved and contirmed. 
 
 Be it further ordained, Tliat all Forts, Light Houses, Buoy^, 
 Dock Yards, Navy Yards, >\rsenals, Barracks, Hospitals, and 
 otiier j)ublic structures within the State of Florida, excejjting the 
 Arsenal on the Chattahoochee and the necessary lands around 
 the same, the Barracks in St. Augustine and grounds attached, 
 and such jjublic buildings as may be on the Military lieserve at 
 Tampa, together with so xwneh of the lands around the same as 
 may be selected by Commissioners ap])ointed for that purpose, 
 ber<^ofore provided for by ordinance of this Convention, be and 
 the same are liereby ceded to the Confederate States of America, 
 for their oeciipation, use and possession for the comnu)n protec- 
 tion and benefit of said Confederate States so long :is Florida 
 shall be and continue a member of the same. 
 
 Be it further ordained, Tiiat the Legislature be empowered 
 to dispose of the Arsenal at Chattahoochee, and the Barracks at 
 St. Augustine, to such uses and jiurposes as in their judgment 
 may seem best. 
 
 Passed in opr-it ("onvention, April 27th, l(^(il. 
 
 ! No. 38. J 
 
 .\\\ < )rdii!:nice fur ^lilitavy Purposes. 
 
 Be it ordained b>/ th< pr.otih (f the Stntc of J'^loridn in Con- 
 tention ass< )nhled. That whenever the ])rotcction of the people 
 and defence of the State from sudden or ajtprehended invasion 
 shall require, tlu' (Governor be and he is liereby authorized to 
 call into seiwice such number of troops as he may deem neces- 
 sary for such purpose, and such troojis, wliile in service, shall be 
 subject to the rules and articles of war of the Clonfederate States, 
 .and he shall appoint the conunanding officer of such force, with 
 rank and ]>.ay to corresjjond with the munber of troops called 
 into service. The other commis'^ioiuMl officers shall be elected by 
 the troops. 
 
 />> if fnrthrr ii,'<li'in<:d,, '.Plint the G(i\ .'i-iior >li:i!l ha\ <■ pown- 
 
58 
 
 tu apjjoint and coiiiiuission eiigineer(> and artillery ufficer.s, and 
 such other officers as may be necessary, to instruct tlie ti'oops and 
 militia in military tactics, and to prescribe their yank. 
 
 Be it furtJier ordained^ That all staft' officers shall be appointed 
 from among the citizens, either civil or military, at the discretion 
 ofthe ap])ointing power, and that all laws and parts of laws con- 
 flicting with this ordinance be and tlie same are hereby repealed. 
 Be itfurtJicr ordahud, That the officers and men of all ranks 
 and grades in the service of Florida, wlien called into service or 
 placed on duty, shall receive tlie same pay as officers and men of 
 like rank in the army of the Confederate States. 
 
 He U further ordahud, That the officers created by this ordi- 
 nance for S2)ecial service, shall vacate their commissions Avhenever 
 the service for which they have been called shall have tei-mi- 
 uated and the men mustered out of service. 
 
 Be itfurther ordained. That the Governor shall have })ower 
 to appoint the following staff officers : One Adjutant and lu- 
 >pector-General, one Surgeon-General and four Aids-de-Ca«ip, 
 with the rank of Colonel ; one Quartermaster-General, and one 
 Paymaster-General, with the rank of Lieutenant-Colonel ; and 
 the said Quartermaster-General shall also perform the duties of 
 Chief of Ordnance. 
 
 Be itfurther ordained^ That the Surgeons and Assistant-Sur- 
 geons for all troops called into service shall be appointed and 
 commissioned by the Governor. 
 
 Done in open Convention, April 27, 1861. 
 
 [ No. 39. 1 
 
 Wheeeas, a conflict of arms has happened between the 
 forces of the Government holding possession of the army and 
 navy ofthe late United States, and a Avar of invasion has been 
 commenced by said Government upon the rights, liberties and 
 soil ofthe people ofthe Confederate States, and as adhering to 
 such Government, voluntarily admitting its authority and obey- 
 ing its commands, assisting its military oi" naval operations 
 against the Confederate States by any inhabitant or citizen of 
 the State of Florida, would be justly jnmishable as a crime of 
 the greatest magnitude, and whereas, the stirring up and promo- 
 ting of rebellion and disaffection to the Government of the 
 Confederate States, are at the present .time acts dangerous' to 
 our safety as a people ; therefore, for the purpose of detering 
 all evil disposed persons from being guilty of such crime ; 
 
50 
 
 Tie it onlaintd hy t)te pmple of the State of Florida in Con- 
 '\udwn assembled., Tliat if any person, being an inhabitant or 
 (iitizen of this State, shall voluntai'ily and without force ac- 
 knowledge and obey any laws or orders of the Ciovennnont of 
 the late tinited States of America, sought to be enforced in this 
 State, or shall take or hold office under the authority thereof, or 
 shall plead and })ractice as an attorney at laAV or solic-itor in 
 ec^uity, or proctor in Admiralty, befoi-e any Court in this State 
 claiming to act under the laws of said United States, the persons 
 so offending, shall, u]»on conviction, be ]»anished by fine and im- 
 j)risonmcnt, at the discretion of the jury, and shall moreover 
 forfeit all of his or their lands, tenements, goods and chattels to 
 the use of the Stale, and be forever disqualified from the privi- 
 leges of citizenship in this State. 
 
 Jh it further ordai/ird. That if any person who resided in 
 this State on the 10th day of January last, shall depart from the 
 State after the passage of this ordinance for the purpose of ac- 
 (piiring a residence or becoming a citizen of any of the Slates of 
 the late United States, which shall assist the Government at 
 Washington, claiming to be the Government of the United 
 States, against the Confederate States, the property of such per- 
 son so takini* refuge with the enemies of this State and of the 
 Confederate States, shall be seized by the order of the Execu- 
 tive and confiscated by the judgment of the Circuit Court on 
 proof of the acts aforesaid being made betore said Court. 
 
 Be if further ordained. That if any person shall, by speech or 
 writing, strive to stir uj) a rebellicm in this State- against the 
 authority of the State or of the Confederate States, or shall, by 
 word or deed, endeavor to create sedition or be engaged in any 
 seditious or rebellious meeting assembled to excite resistance to 
 the authority of this State, or of the Confederate States, or shall 
 endeavor to seduce any one in the military or naval service of 
 this State or of the Confederate States, to desert or betray a 
 trust reposed in him or them, all persons so offending shall be 
 guilty of Petty Treason, and on conviction shall be fined and 
 imprisoned at the discretion of the jury, and be required to find 
 security for good behavior, or in default, to remain in prison or 
 be employed on any ])ul)lic work, as the Court may order. 
 
 Passed in open (Convention, A]iril 27th, ]8G1. 
 
 [ 1^0. 40. J 
 
 Ue it ordained l>>i the p^opU of t!ic State of Jrlorida in Con- 
 ■'■ntion assembled. That the additional Section to the fifth Arti- 
 cle of the Constitution adopted by the Convention on the 19th 
 day of April. 1801, which is in the following words: 
 
60 
 
 ''The Genera) Assembly shall have power to create special 
 tribunals for the trial of offences committed by slaves, free ne- 
 groes and mulattoes, and imtil the General Assembly otherwise 
 provides, there is licreby created a Court in each County, which 
 shall consist of two Justices of the Peace and twelve citizens, be- 
 ing slaveholders of the county, who shall have power to try all 
 cases of felony committed in their county by slaves, free negroes 
 and mulattoes, a majority of said Court may pronounce judg- 
 ment, and all trials before it shall be upon the statement of the 
 oftence in the warrant of arrest and without presentment or in- 
 dictment by a Grand Jury, the Sheriif of the county shall -act as 
 the ministerial officer of said Court, and the citizens who with the 
 Justices are to compose the same, shall be selected by said Jus- 
 tices and summoned to attend l)y the Sheritl^', and said Court 
 shall assess the value of all slaves sentenced by it to (•a})ital pun- 
 ishment, one lialf of which value shall be; paid by the State to the 
 owner or owners of such slaves; and apjjeals from the judg- 
 ment of said Court shall be had to the Circuit Court of the coun- 
 ty upon an order made l)y the Judge thereof, ujion an inspection 
 of the record of the trial, full minutes of which shall be made by 
 the said Justices, and such appeal, when allowed, sj^all o})erate as 
 a supersedeas,^'' be amended as follows : " Strike out the word 
 " slaveholders," and insert " qualified jurors ;" Strike out tlie 
 following A\'ords from said section, " and said Court shall assess 
 the value of all slaves sentenced ])y it to capital punishment, one 
 half of which value shall be ])ai<l Iiy the State to the owner oi- 
 owners of such slave." 
 
 Passed in open Convention, April "iTtli, ISGI. 
 
 [ Ko. 41. ] 
 
 An Okdinanck supplemental to an ordinance passed by this Con- 
 vention April 26th, 1861, entitled "An ordinance to raise mon- 
 ey for the exigencies of the State and for the payment nl' tlu* 
 ])ubli'' debt." 
 
 Be it ordiUitcd hi/ lh( jmojde of the State of I'lorida in Coji- 
 rention assemhlcd. That the Register of Public Lands of this 
 State be and he is hereby directed and instructed to receive in 
 payment for any lands heretofore sold, or that may hereafter be 
 sold through or by his office, nothing but gold or silver coin, or 
 the bills of solvent banks, anything that may ))e containe<l in 
 any act of the Genera! Assembly to the contrary not>vitlist:m(l- 
 in<>-. 
 
61 
 
 Be it further ordained^ That the Register of Public Lands be 
 and he is liereby rc(iuired to give bond iu the sum of thirty thous- 
 and dollars, with good and sufficient security, to be ai)))roved by 
 the Govcnun- of the State, ft)r the faithful discharge of the duties 
 of his office. 
 
 Be itfitrther ordained^ That the fractional townships of the 
 public lands, lying along the boundary line between Florida and 
 Georgia, shall be offered for sale iu the same manner as is pro- 
 vided for by the ordinance for the sale of military and naval re- 
 serves, and in case any of the same shall not have been surveyed, 
 it shall be the duty oi' the Kegister of Public Lands to cause the 
 same to be surveyed. 
 
 Passed in ojx.'U Convention, April 'J7th. ISGL 
 
 I No. 42. ! 
 
 WiiEBKAS, Emergencies hav(! rendered it necessary to call into 
 service military organizations of this State, and to arm, equip, 
 and transport the same ; and xrhcreas^ the Govei'nor has ex- 
 pended certain monies for said jmrpose : 
 
 Be It ordahudhy the peojtlc of the State <f Florida in Con- 
 tention ans^endiled^ That the Comptroller of Public Accounts be 
 and he is hereby required to audit and allow all expenses inci- 
 dent to and arising from the same, heretofore imidc bv Governor 
 M. S. Perry. 
 
 Done in open Convention, April 'JTtli. 18'Ji. 
 
 L No. 43. 1 
 
 B& it ordained by the people of the /State of Florida in Con- 
 vention assembled^ That all persons now holding office in tliis State 
 be continued in office until the term expires for which they were 
 elected or ap])ointed, unless sooner removed in the manner pro- 
 vided by the Constitution and laws of this State, 
 
 Done in open Convention, April 27tl), 1861. 
 
62 
 
 L No. 44. I 
 
 Be it ordained by the people of the State of Florida in Con- 
 vention assembled^ That the term of the Civcuit Court of Wal- 
 ton county, liehl on the ]2th day of ]\lareli last, which Court 
 was so held in place of the term as provided hy law, to be held 
 on the first Monday in ]March, be deemed and hel<l valid, s(> f n 
 as civil cases are aifected. 
 
 Passed in ojien Convention, ^\]>ril '27th, ISOl. 
 
 I No. 46. i 
 
 WiiEKKAs, In consideration of a tiireatened invasion and the <iii- 
 ficulty in the way of a speedy communication hetAveen the 
 (^apital and the Eastern and Soutliern sections of our State, 
 ]Ve^ the peoph' of the State of Florida In Convention assem- 
 bled^ do ordain^ That the Governor be authorized to liave con- 
 f^tructed, without delay, a Telegraph Line along the Railroad 
 to Baldwin, (whei-e there is a centering of several telegraph 
 lines,) on condition that the Railroad Companies along the route 
 fnrnsih the posts and put up the line, the Avire exceptcid. 
 Passed in open Convention, April 27111, IStil. 
 
 I No. 46. ] ' 
 
 Be it ordained Inj the people <f the State of Florida in Con- 
 vention assembled^ That the Governor of this State be and he is 
 hereby authorized to cause any funds in the Treasury or in his 
 control to be applied to equipping the forces called or to be 
 called into service by the Confederate States. 
 
 Done in ojien Convention, April 27th, 1861. 
 
RESOLUTIONS. 
 
 1 No. IS, ] 
 
 Whekeas, It has pleased God to remove, by the hand of deaiii. 
 
 Dr. Benjamin W. Saxon, Avho was a member of this body, 
 
 and who departed this Hfe during the recess ; 
 
 liesoloc'dy That in testimony of oiu- regard for the memory of 
 the deceased and of our sympathy witli his bereaved friends, wo 
 will Avear the customary badge of mourning. 
 
 liesolned, That these proceedings be entered on the journal of 
 this Convention, and that a copy of them be sent by the Secre- 
 tary to the family of the deceased. 
 
 Done in open Convention, February 27th, 1861. 
 
 [ No. 13. J 
 
 Resolved, That our Delegation to the Southern Congress Ije 
 and they are hereby requested to bring the subject of the main- 
 tenance of Marine IIosi)itals, Light Houses, &c., within the State 
 of Florida, to the attention of said Congress, and urge an im- 
 mediate provision for the same. 
 
 Resolved, That the Secretary be required to dispatch a copy 
 «f the foregoing resolution to our Delegation. 
 
 Done in open Convention, March 1st, 1861. 
 
 I No. 14. J 
 
 Resolved, Tluit this Convention do heartily and unanimously 
 r.oncm- in the nomination and the election of the Hon. Jefferson 
 Davis, President, and Hon. Alex. H. Stephens, Vice-President 
 ♦)f the Confederate States. 
 
 Done in open Convention, March 1 st, 1 86 1 . 
 
64 
 
 I No. 15. J 
 
 Resolved^ That the Governor be requested to conimuuicate 
 to this Convention whetlier any moneys liave been paid out by 
 any disbursing officer of tlie late Federal Government in this 
 State, on any account, since the adoption of Ordinance No. 2, 
 and if so, upon what account and uj)on what authority. 
 
 Done in open Convention, Marcli 1st. 18G1. 
 
 I No. 16. J 
 
 Jiesoloed, That F. L. Daiicy, late Surveyor-General in thin 
 State, be and lie is hereby instructed by this Convention to 
 retain possession of all papers and public documents and other 
 public property api)ertainiiig to his office until ho is further 
 <lirected by this Convention. 
 
 Done in open Convention, March ist, ISU!. 
 
 i No. 17. 1 
 
 Resolved, That this Convention now lake a recess, to here-as- 
 sembled at the call of the President, or by the Governor, m the 
 event of tlie inability of the President from illness or other 
 cause. 
 
 Done in open Convention, March ist, iSUi. 
 
 I No. 18. ! 
 
 Resolved, That the Committee on the Judiciary be instructed 
 to mquire what action, if any, is necessary on the part of the 
 Convention, to give effect to the act of the I*rovisional Congress 
 of the Confederate States, creating a District jCourt for the State 
 of Florida, and giving to said Com't jurisdiction over the cases 
 lately pending before the District Court for the Northern D5h- 
 trict of Florida. 
 
 Passed in open Convention. April 1 Stli, 1861. 
 
 JR 
 
I No. 19. ! 
 
 Iiet<olred, Tliat tlv finlies ol' the C'ominitti'c ;ii.|K)iiite<l to 
 revise and dio-est tlie Oonstitutioii ho so extenticd asio autlionzc 
 and tMiipowei- it to report sncli aiiu>iid!ne)its thereto as it may 
 deem proper. 
 
 Passed in o])en Coiiveiilion, \piil isdi, 1S()1. 
 
 I No. 20. I 
 
 J^esolved, That considerinu' the end)arassnients that snrround 
 Governor Jolin W. Ellis of Noi-tli Carolina, at this time, that 
 ^' tries the souls oF men," tlie State of Florida is constrained to 
 ('.\]iress lier admiration for the decision and ijit'cpiditv of Gov- 
 ernor Ellis, evinced l)y his indiLfimnt re])ly to the requisition 
 made by the lilack Kepuhlicnn l*resi.ien(, and liis ])rompt occu- 
 patitjn td' the Forts and Arsenals within a Slate that h..is not 
 withdrawn formally from the laU- I'^ederal T'nion. 
 
 Passed in open Convention, unanimously, A})ril I 0th. IStJl. 
 
 I No. 21. J 
 
 ]ieii( lined. That the Secretary of this Convention be and he is 
 iiereliy reijuired to furnish a copy of the journal and proceedinus 
 of this Convention, and a copy of tlic Acts of the late General 
 Assembly, to the University of Virifinia, (of Albermarle County, 
 Va.,) for the use of tlie Library of that Institution. 
 
 Done in open Convention. April 2-Jd. l^Hl. 
 
 I No. 22. 1 
 
 Rt.'idirid, That if necessary to ha vt' t'urther assistance in bring- 
 ing u]» the rci-ords of the Convvntion. the Secretary b^ author- 
 ized to employ the necessary assistance. 
 
 Done in open Convention. Apnl 24th, 18G1. 
 
 I No. 23. 1 
 
 R, snlnd. Thai ilie CounniTt(t' on Knr<iinients be instructed 
 
GC> 
 
 to report to the Convention a list of sncli ordinances a^ art per- 
 manent and not subject to be repealed by the Legislature, and 
 such as may be altered or repealed by such authority. 
 Passed in open Convention, ^Vpril 26th, 18G1. 
 
 1 No. 24. ] 
 
 Resolved^ That the .\ttorncy-General be requested to give to 
 the Convention his opinion whether the accompanying proposed 
 ordinance will, if passed, interfere with the vested right of any 
 railroad company incorporated in the State — also whether there 
 lias been any decision of the Supreme Court made in any case in 
 which the right of the IVnsacola and (reurgia Railroad (com- 
 pany to construct their line of road to any point on the boundary 
 line of the State of Georgia, any if so, that he state what such 
 decision has been, and annex to his opinion a copy thereof. 
 
 I*assed the Convention Apnl 'itJth, 1801. 
 
 \ ITo. 25. 
 
 Ii('s<>l>'(-(i, That the Cummittee on Enrolments be aisriuirised 
 to employ assistant < lerks to enrol the ordinances of tiie C.'i;- 
 vention. 
 
 Done in open ('onv(tntion .\.j)ril '27th, ISfll. 
 
 [ No. 26. I 
 
 Ri',i.<:oli'ed, That the Chief Secretary of this Con\('nlion 
 and he is hereby instructed to have i)rinted 1000 cojiies of 
 amended constitution and the ordinances and resolutions pa^ 
 l)y this Convention at its session on 26th of February, ]R61 
 well as its j)resent session: that he cause 10 copies of the s: 
 to be sent to each member of the Convention, and 10 to 
 Clerks of the Circuit Courts ol'lhe several Comities of this St 
 
 Done in doeii <'on\enrion. A'lril !i7tli, isii]. 
 
 lie 
 the 
 ised 
 , as 
 mie 
 the 
 ate. 
 
 i No. 27. I 
 
 rti's<,}r< il, 'i'iial a Speci;il ('ominiltee mi Kiii-nliiieiit . lo < on>i' 
 
«37 
 
 ot" three, be appoint'^vl to alteii<1 to the eiiroiinenL of aU oidhian- 
 ces and resolutions ])MSsed by this Convention. 
 Done in open Convention. .Vpril 27th. 1S61, 
 
 [ No. 28. 1 
 
 llesolced. That the Secretary of this Convention be author- 
 ized to audit the accounts of members, and that the same be 
 paid by the Treasurer upon the warrant of the Comptroller. 
 
 Done in open Convention, April 27th, 1861. 
 
 [ Mo. 29. 1 
 
 Resolved^ Tliat while the jieojtle of the State of Florida 
 heartily approve, m the m;jin. of the Constitution of the Con- 
 federate StateSv of America. :«"d have i.dven evidence of tliat 
 aj^probalion by the nnflmnioi;:^ ■\'ote of this Convention on its 
 ratilication — yet there are cert:Tio parts thereof which, in the 
 opinion of this Convention, should, at antiu'ly ciay. be amended; 
 — with the view therefore of i^i\ inu" a prftper expressicMi of the 
 sentiments of the peojile of this State, it is hereby suggested ihist 
 the said Constitution would be greatly improved by the follow- 
 ing amendments, to-wit : 
 
 I'hat the M//'/ clarse of the second section of x\wf:rst article 
 should be altered b} strikin<>- out, after the wovCx '■• dcternnned" 
 in the foarlh line to the word '"slaves," inclnsive. and insertins; 
 the woi"(ls "by the whole iiuudu'r of inhabitants within ihe 
 State;" 
 
 That the AV.s'^ clause ^)f the ^///jv/ section of article/b/^/- should 
 be amended by inserting after tiie word **• States," in the third 
 line, the words '' but no State shall be admitted into this Con- 
 federacy unless the institution of slavery shall be ilistinctly and 
 clearly recognized in ils Consxitution an<l in .actual operation 
 imder its laws," and l»y striking out the word "l)nl" next folhnv- 
 ing in the same line ; 
 
 That Xh(^ dfrenth clausi- of th<' < iijlith sectiou tif ihe _/</v/ arti- 
 cle should be amended by striking out the remainder of the 
 (clause after the word ''routes. '" in the^r.sV liru'. 
 
 Passed in oj^en Convention A]iril 2sth. 1^61. 
 
[ No. 30. ] 
 
 Resohit-d., TImt tlio Pri'sideiit of this Convention, with three 
 other members to be <lesiunated by him, be and they are hereby 
 authorized to examine the enroled Constitution ; and that after 
 such examination tlie President be and he is autliorized to sigii 
 the Constitution as enroled and approved. 
 
 Done in open ('on^■ent!on. .Vpril '27th. 1801. 
 
 [ No. 31. ] 
 
 \i'\\ of the increaf 
 performed by the Chief Secretary of this Convention during the 
 present session, he shall be allowed six dollars per day for the 
 same. 
 
 Done in oj)('n C'uiivfntion, A|:>ril I'T'h, l-iiL. 
 
 1 No. 32. I 
 
 /!,snlt't<A That iho thanks of this Convention are hereby ten- 
 dered to the lion. .1. (". Mc-Crehet' for tlie patient, mireinittinp- 
 and dig'nified manner in whic'n he has presided over the present 
 Convention. 
 
 l'naiiin\ortsiy iidoptm hi (>peu C'onventiou, April 27th, iStJl. 
 
 i No. 33. 1 
 
 Ri.;o/re(f, Thai this (nm cntiou now ndjinirit .>///- t.fit^ unless 
 convened bv tii'.- I-*vesideiit ;iii or hcior'' ihr- '_'">th oi' DecenilxM- 
 next. 
 
 Adopted in opt^ii CofiVfiitio!). April 27lii, IHtil. 
 
 Tam.aua-skk, .May 4th, 18(>1. 
 1 do hei-eby n-rtifN that the Ibregt/mji; are true and correct 
 copies of tl>e ordinances .and resolutions adopter] in Convention 
 at th(' called sessions of •^aid !»odv. 
 
 ■ WILLIAM JS. HARRIS, 
 Secret.'ir\ of the Convention. 
 
peRmalif^4 
 
 pH8.5