tion, and which shall then be depending, may be prosecuted to judgment and execution in the name of the State.

SEC. 4. All officers, civil and military, now holding their offices and appointments in the Territory under the authority of the United States, or under the authority of the Territory, shall continue to hold and exercise their respective offices and appointments until superseded under this constitution; and all actions at law or suits in chancery, or any proceeding pending, or which may be pending, in any court of the Territory of Florida, may be commenced in or transferred to such court of the State as may have jurisdiction of the subject-matter thereof.

SEC. 5. This constitution shall be submitted to the people for ratification at the election for delegate on the first Monday of May next. Each qualified voter shall express his assent or dissent to the constitution by directing the managers of said election to write opposite to his name on the poll-book either the word "Constitution" or "No constitution." And in case the time of election for delegate be changed to any other day than the first Monday of May next, then the judges or clerks of the county courts respectively shall appoint managers to hold an election on the said first Monday of May, for ratification of the constitution; and said managers shall conduct said election in the manner provided by the laws of the Territory respecting elections, and make return of the result of such vote forthwith, by depositing the original poll-book in the clerk's office of their counties, respectively, and by transmitting a certificate of the result to the president of the convention, who shall forthwith make proclamation of the same; and in case the constitution be ratified by the people, and immediately after official information shall have been received that Congress have approved the constitution, and provided for the admission of Florida, the president of this convention shall issue writs of election to the proper officers, in the different counties, enjoining them to cause an election to be held for governor, Representative in Congress, and members of the general assembly in each of their respective counties. The election shall be held on the first Monday after the lapse of sixty days following the day of the date of the President's proclamation, and shall take place on the same day throughout the State. The said election shall be conducted according to the then existing election laws of the Territory of Florida: Provided, however, That in case of the absence or disability of the president of the convention to cause the said election to be carried into effect, the secretary of this convention shall discharge the duties hereby imposed upon the president; and, in case of the absence or disability of the secretary, a committee consisting of five, to wit, Leigh Read, George T. Ward, James D. Westcott, jr., Thomas Brown, and Leslie A. Thompson, or a majority of them, shall discharge the duties herein imposed on the secretary of the convention; and the members of the general assembly so elected shall assemble on the fourth Monday thereafter at the seat of government. The governor, Representative in Congress, and members of the general assembly shall enter upon the duties of their respective offices immediately after their election under the provisions of this constitution, and shall continue in office in the same manner, and during the same period, they would have done had they been elected on the first Monday in October.

SEC. 6. The general assembly shall have power, by the votes of two-thirds of both houses, to accede to such propositions as may be made by the Congress of the United States upon the admission of the State of Florida into the national confederacy and Union, if they shall be deemed reasonable and just, and to make declaration of such assent by law; and such declaration, when made, shall be binding upon the people and the State of Florida as a compact; and the governor of the State of Florida shall notify the President of the United States of the acts of the general assembly relating thereto; and in case of declining to accede to such propositions, or any part thereof, the general assembly shall instruct the Senators and Representatives of the State of Florida in Congress to procure such modification or alteration thereof as may be deemed reasonable and just, and assent thereto, subject to the ratification of the general assembly by law as aforesaid.

SEC. 7. The courts of this State shall never entertain jurisdiction of any grants of land in the Floridas made by the King of Spain, or by his authority, subsequent to the twenty-fourth day of January, eighteen hundred and eighteen; nor shall the said

courts receive as evidence, in any case, certain grants said to have been made by the said King of Spain in favor of the Duke of Alagon, the Count Punon Rostro, and Don Pedro de Vargas, or any title derived from either of said grants, unless with the express assent of the Congress of the United States.

Done in convention, held in pursuance of an act of the governor and legislative council of the Territory of Florida, entitled "An act to call a convention for the purpose of organizing a State government," passed 30th day of January, 1838, and approved 2d February, eighteen hundred and thirty-eight.

ROBERT RAYMOND REID,
President of the Convention.

JOSHUA KNOWLES, Secretary.

THE ENABLING ACT FOR THE STATE OF FLORIDA—1845.

[SEVENTEENTH CONGRESS, FIRST SESSION.]

An Act for the admission of the States of Iowa and Florida into the Union. Whereas, the people of the Territory of Iowa did, on the seventh day of October, eighteen hundred and forty-four, by a convention of delegates called and assembled for that purpose, form for themselves a constitution and State government; and whereas, the people of the Territory of Florida did, in like manner, by their delegates, on the eleventh day of January, eighteen hundred and thirty-nine, form for themselves a constitution and State government, both of which said constitutions are republican; and said conventions having asked the admission of their respective Territories into the Union as States, on equal footing with the original States:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the States of Iowa and Florida be, and the same are hereby, declared to be States of the United States of America, and are hereby admitted into the Union on equal footing with the original States in all respects, whatsoever.

SEC. 2. And be it further enacted, That the following shall be the boundaries of the said State of Iowa, to wit: Beginning at the mouth of the Des Moines river, at the middle of the Mississippi, thence by the middle of the channel of that river to a parallel of latitude passing through the mouth of the Mankato, or Blue-Earth river; thence west, along the said parallel of latitude, to a point where it is intersected by a meridian line, seventeen degrees and thirty minutes west of the meridian of Washington city; thence due south to the northern boundary line of the State of Missouri; thence eastwardly following that boundary to the point at which the same intersects the Des Moines river, thence by the middle of the channel of that river to the place of beginning.

SEC. 3. And be it further enacted, That the said State of Iowa shall have concurrent jurisdiction on the river Mississippi, and every other river bordering on the said State of Iowa, so far as the said rivers shall form a common boundary to said State, and any other State or States now or hereafter to be formed or bounded by the same: Such rivers to be common to both: And that the said river Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa.

SEC. 4. And be it further enacted, That it is made and declared to be a fundamental condition of the admission of said State of Iowa into the Union, that so much of this act as relates to the said State of Iowa shall be assented to by a majority of the qualified electors at their township elections, in the manner and at the time prescribed in the sixth section of the thirteenth article of the constitution adopted at Iowa city the first day of November, anno Domini eighteen hundred and forty-four, or by the legislature

of said State. And as soon as such assent shall be given, the President of the United States shall announce the same by proclamation; and therefrom, and without further proceedings on the part of Congress, the admission of the said State of Iowa into the Union, on an equal footing in all respects whatever with the original States, shall be considered as complete.

SEC. 5. And be it further enacted, That said State of Florida shall embrace the territories of East and West Florida, which, by the treaty of amity, settlement and limits between the United States and Spain, on the twenty-second day of February, eighteen hundred and nineteen, were ceded to the United States.

SEC. 6. And be it further enacted, That until the next census and apportionment shall be made, each of said States of Iowa and Florida shall be entitled to one Representative in the House of Representatives of the United States.

SEC. 7. And be it further enacted, That said States of Iowa and Florida are admitted into the Union on the express condition that they shall never interfere with the primary disposal of the public lands lying within them, nor levy any tax on the same whilst remaining the property of the United States: Provided, That the ordinance of the convention that formed the constitution of Iowa, and which is appended to the said constitution, shall not be deemed or taken to have any effect or validity, or to be recognized as in any manner obligatory upon the Government of the United States.

APPROVED, March 3, 1845.

CONSTITUTION OF FLORIDA-1861.

[A State convention, which met at Tallahassee, passed an ordinance of secession January 10, 1861,* and amended the constitution by inserting the words "Confederate States" in place of "United States," with a few other unimportant changes. Other amendments were adopted at called sessions of the convention, held in February, 1861; April, 1861; and January, 1862; but they were not submitted to the people.]

CONSTITUTION OF FLORIDA-1865.t

We, the people of the State of Florida, by our delegates in convention assembled, in the city of Tallahassee, on the 25th day of October, in the year of our Lord 1865, and of the Independence of the United States the ninetieth year, in order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty, and property, and the pursuit of happiness, do mutually agree, each with the other, to form the following constitution and form of government in and for the said State:

ARTICLE I.

DECLARATION OF RIGHTS.

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

SECTION 1. That all freemen, when they form a government, have certain inherent and indefeasible rights, among which are those of enjoying and defending life and

* This ordinance was repealed at a State convention held at Tallahassee October 28, 1865. This constitution was adopted at a convention which met at Tallahassee October 25, 1865, and completed its labors November 7, 1865. It was not submitted to the people for ratification.

liberty; of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.

SEC. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit; and therefore they have at all times an inalienable and indefeasible right to alter or abolish their form of government in such manner as they may deem expedient.

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

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

SEC. 5. That every citizen may freely speak, write, and publish his sentiments on all, subjects, being responsible for the abuse of that liberty; and no law shall be passed to curtail, abridge, or restrain the liberty of speech or of the press.

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

SEC. 7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures and searches; and that no warrant to search any place, or to seize any person or thing, shall issue without describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation.

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

SEC. 9. That courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law; and right and justice administered without sale, denial, or delay.

SEC. 10. That in all criminal prosecutions, the accused hath a right to be heard by himself or counsel, or both; to demand the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment or presentment, a speedy and public trial by an impartial jury of the county or district where the offence was committed; and shall not be compelled to give evidence against himself.

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

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

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

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

SEC. 15. That in all prosecutions and indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the libel is true, and published with good motives, and for justifiable ends, the truth shall be a justification; and the jury shall be the judges of the law and facts.

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

SEC. 17. That no conviction shall work corruption of blood or forfeiture of estate. SEC. 18. That retrospective laws punishing acts committed before the existence of such laws, and by them only declared penal or criminal, are oppressive, unjust, and incompatible with liberty; wherefore no ex post facto law shall ever be made.

SEC. 19. That no law impairing the obligation of contracts shall be passed. SEC. 20. That the people shall have a right, in a peaceable manner, to assemble together to consult for the common good, and to apply to those invested with the

powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance.

SEC. 21. That no soldier, in time of peace, shall be quartered in any house without the consent of the owner; nor in time of war but in a manner prescribed by law.

SEC. 22. That no standing army shall be kept up without the consent of the legislature; and the military shall be in strict subordination to the civil power.

SEC. 23. That perpetuities and monopolies are contrary to the genius of a free people, and ought not to be allowed.

SEC. 24. That no hereditary emoluments, privileges, or honors shall be granted or conferred in this State.

SEC. 25. That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.

SEC. 26. That, to guard against transgressions upon the rights of the people, we deelare that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or to the following provisions, shall be void.

ARTICLE II.

DISTRIBUTION OF THE POWERS OF GOVERNMENT.

SECTION 1. The powers of the government of the State of Florida shall be divided into three distinct departments, and each of them confided to a separate body of magistracy, to wit, those which are legislative to one, those which are executive to another, and those which are judicial to another.

SEC. 2. No person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except in the instance expressly provided in this constitution.

ARTICLE III.

EXECUTIVE DEPARTMENT.

SECTION 1. The supreme executive power shall be vested in a chief magistrate, who shall be styled the governor of the State of Florida.

SEC. 2. The governor shall be elected for four years, by the qualified electors, at the time and place they shall vote for representatives, and shall remain in office until a successor shall be chosen and qualified.

SEC. 3. No person shall be eligible to the office of governor unless he shall have attained the age of thirty years, shall have been a citizen of the United States ten years, and shall have been a resident of Florida at least five years next preceding his election.

SEC. 4. There shall be elected at the same time, for the same term, and with like qualifications as the governor, a lieutenant-governor, who shall be ex-officio president of the senate, but shall have no vote except in cases of a tie, and during the session of the general assembly he shall receive such compensation as shall be allowed to a sen

ator.

SEC. 5. The returns of every election for governor or lieutenant-governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the session next after their election, open and publish them in the presence of both houses of the general assembly; and the persons having the highest number of votes for the respective offices shall be governor and lieutenant-governor; but if two or more shall be equal and highest in votes for the office of governor, one of them shall be chosen governor by the joint vote of the two houses; and, in like manner, if two or more shall be equal and highest in votes for the office of lieutenant-governor, one of them shall be chosen lieutenant-governor, by the joint vote of the two houses. And contested elections for governor and lieutenant-governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.