« AnteriorContinuar »
who shall have been convicted of having given or offered any bribe to procure his election.
13. Laws shall be made by the General Assembly, to exclude from office and from suffrage those who shall have been, or may thereafter be, convicted of bribery, perjury, forgery, or other high crime or misdemeanor; and the privilege of suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practices.
14. All civil officers of the State at large shall reside within the State, and all district or county officers within their respective districts or counties, and shall keep their respective offices at such places therein as may be required by law.
15. It shall be the duty of the General Assembly to regulate by law in what cases and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity.
16. Returns of elections for members of Congress and the General Assembly shall be made to the Secretary of State, in manner to be prescribed by law.
17. In all elections by the General Assembly, the vote shall be viva voce ; and in all elections by the people, the vote shall be by ballot.
18. No member of Congress, or person holding or exercising any office of profit under the United States, or under any foreign power, shall be eligible as a member of the General Assembly of this state, or hold or exercise
office of profit under the State; and no person in this State shall ever hold two offices of profit at the same time, except the office of justice of the peace, notary public, constable, and militia offices.
19. The General Assembly shall by law provide for the appointment or election and the removal from office, of all officers, civil and military, in this State, not provided for in this Constitution.
20. The power of impeachment shall be vested in the House of Representatives.
21. All impeachments shall be tried by the Senate; and when sitting for that purpose, the senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present.
22. The Governor, and all civil officers, shall be liable to impeachment for any misdemeanor in office : but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit, under this State : but the parties shall nevertheless be liable to indictment, trial, and punishment, according to law.
All militia officers shall be elected by those persons who are sub
ject to military duty, within their respective companies, regiments, or battalions.
ARTICLE VIII.— Taxation and Revenue. No greater amount of tax or revenue shall be levied, than may be required for the necessary expenses of government. A regular statement of the receipts and expenditures of all the public moneys shall be published annually, with the laws of the General Assembly.
ARTICLE IX. This article provides for the taking of the census every ten years, of the inhabitants of the State; and that to the whole number of free white inhabitants shall be added three-fifths of the number of slaves; and that the representatives shall be equally apportioned in the different counties, according to such enumeration : each county shall have at least one representative, and increase in a uniform ratio of population. The State is divided into sixteen senatorial districts : each district shall be entitled to at least one senator; the number of senators shall not be less than one-fourth, nor more than one-half, of the whole number of representatives, and chosen in the same manner.
ARTICLE X.- Education. The proceeds of all lands granted by the United States, for the use of schools, shall remain a perpetual fund—the interest of which shall be used for the benefit of said schools, and for no other purpose.
ARTICLE XI. This article makes it the duty of the General Assembly to provide for the safety, security, and appropriation of the proceeds of the public lands. And it also provides for the encouragement of such internal improvements as are essential to the development of the resources Jf the country.
ARTICLE XII. This article refers only to the extent of the jurisdiction of Florida, embracing the territory ceded to the United States in 1819.
ARTICLE XIII.— Banks and other Corporations. No act of incorporation shall be passed, or altered, except by the assent of two-thirds of each branch of the Legislature. No bank charter shall be granted for more than twenty years, nor shall it be extended, or renewed. The capital of a bank shall not exceed one hundred thousand dollars; nor shall a dividend be made exceeding ten per cent. a year. Stockholders shall be individually liable for the debts of the bank; and no note shall be issued for less than five dollars. The credit of the State shall not be pledged in aid of any corporation whatsoever.
No convention of the people shall be called, nnless by the concurrence of two-thirds of each house of the General Assembly. No part of the Constitution shall be altered, unless the bill to alter first be read three times in each house, for three several days, and agreed to by two-thirds of each house ; the same to be published
six months previous to a new election for members of the House of Representatives.
ARTICLE XV. The seat of government shall remain at Tallahasse for the terin of five years; the General Assembly then shall have the power to remove it to some other point for five years.
ARTICLE XVI.- General Provisions. SEC. 1. The General Assembly shall have no power to pass laws for the emancipation of slaves.
2. They shall have no power to prevent emigrants to this State from bringing with them such persons as may be deemed slaves by the laws of any one of the United States : provided they shall have power to enact laws to prevent the introduction of any slaves who may have committed crimes in other States.
3. The General Assembly shall have power to pass laws to prevent free negroes, mulattoes, and other persons of color, from immigrating to this State, or from being discharged from on board any vessel in any of the ports of Florida.
4. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his confession in open
court. 5. Divorces from the bonds of matrimony shall not be allowed but by the judgment of a court, as shall be prescribed by law.
6. The General Assembly shall declare by law, what parts of the common law, and what parts of the civil law, not inconsistent with this Constitution, shall be in force in this State.
7. The oaths of officers, directed to be taken under this Constitution, may be administered by any judge or justice of the peace of the territory or State of Florida, until otherwise prescribed by law.
This State was first included in the territorial limits of Georgia, except a small part which belonged to Florida. In 1802 Georgia ceded to the United States
all her territory lying west of the Chatahooche river and extending to the Mississippi river. In 1817 it was constituted the Mississippi territory. In 1820 it became an independent State, and was admitted into the Union. Alabama adopted its Constitution in 1819.
Area, 46,000 sq. m. Pop. in 1840, 590,756—of whom 253,532 are slaves. Free colored, 2,039.
ARTICLE I.-Declaration of Rights. That the general, great, and essential principles of liberty and free government may be recognized and established, we declare:
SEC. 1. That all freemen, when they form a social compact, are equal in rights; and that no man or set of men are entitled to exclusive, separate public emoluments or privileges, but in consideration of public services.
2. All political power is inherent in the people, and all free gov
benefit: and, therefore, they have at all times an inalienable and indefeasible right to alter, reform, or abolish their form of government, in such manner as they may think expedient.
3. No person within this Štate shall, upon any pretence, be deprived of the inestimable privilege of worshiping God in the manner most agreeable to his own conscience; nor be compelled to attend any place of worship ; nor shall any one ever be obliged to pay any tithes, taxes, or other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry.
4. No human authority ought, in any case whatever, to control or interfere with the rights of conscience.
5. No person shall be hurt, molested, or restrained in his religious profession, sentiments, or persuasions, provided he does not disturb others in their religious worship.
6. The civil rights, privileges, or capacities of any citizen, shall in no way be diminished, or enlarged, on account of his religious principles.
7. There shall be no establishment of religion by law; no preference shall ever be given by law to any religious sect, society, denomination, or mode of worship: and no religious test shall ever be required as a qualification to any office or public trust under this State.
8. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.
9. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures or searches ; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmatiou.
10. In all criminal prosecutions, the accused has a right to be heard by himself and counsel ; to demand the nature and cause of the accusation, and have a copy thereof: to be confronted by the witnesses against him: to have compulsory process for obtaining witnesses in his favor, and in all prosecutions, by indictment or information, a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed : he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty, or property, but by due course of law.
11. No person shall be accused, arrested, or detained, except in cases ascertained by law, and according to the forms whieh the same has prescribed : and no person shall be punished, but in virtue of a law, established and promulgated prior to the offence, and legally applied.
12. No person shall, for any indictable offence, be proceeded against criminally, by information ; except in cases arising in the land and naval forces, or the militia when in actual service, or, by leave of the court, for oppression or misdemeanor in office.
13. No person shall, for the same offence, be twice put in jeopardy