certain remedy afforded for every injury to person, property, or character; and that right and justice ought to be administered without sale, denial, or delay; and that no private property ought to be taken or applied to public use without just compensation.

8. That the right of trial by jury shall remain inviolable.

9. That in all criminal prosecutions, the accused has the right to be heard by himself and his counsel; to demand the nature and cause of the accusation; to have compulsory process for witnesses in his favour; to meet the witnesses against him face to face; and in prosecutions, or presentment, or indictment, to a speedy trial by an impartial jury of the county; and that the accused cannot be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by the judgment of his peers or the law of

the land.

10. That no person, after having been once acquitted by a jury, of felony, or other crime or misdemeanor, can for the same offence be again put in jeopardy of life, limb, or liberty; but if in any criminal prosecution, the jury be divided in opinion, the court before which the trial shall be had, may, in its discretion, discharge the jury, and commit or bail the accused for trial at the next term of such court.

11. That all persons shall be bailable by sufficient sureties, except for capital offences, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus cannot be suspended unless when in cases of rebellion or invasion the public safety may require it.

12. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

13. That the people ought to be secure in their persons, papers, houses, and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or thing, can 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.

14. That no person can, for an indictable offence, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in the time of war or public danger, or by leave of the court, for oppression or misdemeanor in office.

15. That treason against the state can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; that no person can be convicted of treason unless on the testimony of two witnesses to the same overt act, or on his own confession in open court; that no person can be attainted of treason or felony by the general assembly; that no conviction can work corruption of blood or forfeiture of estate; that the estates of such persons as may destroy their own lives, shall descend or vest as in cases of natural death; and when any person shall be killed by casualty, there ought to be no forfeiture by reason thereof.

16. That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write, and print on any subject, being responsible for the

abuse of that liberty; and in all prosecutions for libels, the truth thereof may be given in evidence, and the jury may determine the law and the facts under the direction of the Court.

17. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed; nor can the person of a debtor be imprisoned for debt after he shall have surrendered his property for the benefit of his creditors, in such manner as may be prescribed by law.

18. That no person, who is religiously scrupulous of bearing arms, can be compelled to do so, but may be compelled to pay an equivalent for military services, in such manner as shall be prescribed by law; and that no priest, preacher of the gospel, or teacher of any religious persuasion or sect, regularly ordained as such, be subject to military duty, or compelled to bear arms.

19. That all property subject to taxation in this state, shall be taxed in proportion to its value.

20. That no title of nobility, hereditary emolument, privilege, or distinction, shall be granted; nor any office created, the duration of which shall be longer than the good behaviour of the officer appointed to fill the same.

21. That migration from this state cannot be prohibited.

22. That the military is, and in all cases and at all times shall be, in strict subordination to the civil power; that no soldier can, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in such manner as may be prescribed by law: nor can any appropriation for the support of an army be made for a longer period than two years.

23. That everything in this article is excepted out of the general powers of government, and shall for ever remain inviolate, and that all acts of the legislature contrary to this or any other article of this constitution shall be void.

2N2

CONSTITUTION OF FLORIDA.

WE, the people of the Territory of Florida, by our delegates in convention, assembled at the city of St. Joseph, on Monday, the third day of December, A. D. 1838, and of the independence of the United States the sixty-third year, having and claiming the right of admission into the Union, as one of the United States of America, consistent with the principles of the Federal Constitution, and by virtue of the treaty of amity, settlement, and limits between the United States of America and the King of Spain, ceding the provinces of East and West Florida to the United States; 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 ourselves into a free and independent State, by the name of the State of Florida.

ARTICLE 1.

Declaration of Rights.

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

§ 1. That all freemen, when they form a social compact, are 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 inherent in the people, and all free governments are founded on their authority, and established for their benefit; and, therefore, they have, at all times, an inalienable and indefeasible right to alter or abolish their form of government in such manner as they may deem expedient.

3. That all inen have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience; and that no preference shall ever be given by law to any religious establishment, or mode of worship, in this State 4. That all elections shall be free and equal, and that no property qualification for eligibility to office, or for the right of suffrage, shall ever be required in this State. 5. That every citizen may freely speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that liberty; and no law shall ever be passed to curtail, abridge, or restrain the liberty of speech or of the press. 6. That the right of trial by jury shall forever remain inviolate.

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

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

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

10. That, in all criminal prosecutions, the accused hath a right to be heard, by himself or counsel, or both; to demand the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; 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.

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

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

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

or limb.

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

15 That, in all prosecutions and indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the libel is true, and published

with good motives, and for justifiable ends, the truth shall be a justification; and the jury shall be the judges of the law and facts.

16. That no person shall be put to answer any criminal charge but by presentment, indictment, or impeachment.

17. That no conviction shall work corruption of blood or forfeiture of estate. 18. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared penal or criminal, are oppressive, unjust, and incompatible with liberty; wherefore, no ex post facto law shall ever be made, 19. That no law impairing the obligation of contracts shall ever be passed. 20. That the people 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.

21. That the free white men of this State shall have a right to keep and to bear arms for their common defence.

22. 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. 23. That no standing army shall be kept up without the consent of the Legisla. ture; and the military shall in all cases and at all times be in strict subordination to the civil power.

24. That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.

25. That no hereditary emoluments, privileges, or honours, shall ever be granted or conferred in this State.

26. That frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.

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

ARTICLE 2.

Distribution of the Powers of Government.

§ 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 magis. tracy, to wit: Those which are legislative to one; those which are executive to another; and those which are judicial to another.

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

ARTICLE 3.

Executive Department.

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

2. The Governor shall be elected for four years, by the qualified electors, at the time and place where they shall vote for Representatives, and shall remain in office until a successor be chosen and qualified; and shall not be eligible to re-elec. tion until the expiration of four years thereafter.

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, or an inhabitant of Florida at the time of the adoption of this constitution, (being a citizen of the United States,) and shall have been a resident of Florida at least five years next preceding the day of election.

4. The returns of every election for 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, open and publish them in the presence of both Houses of the General Assembly; and the person having the 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 both 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 services, which shall not be increased or diminished during the term for which he shall have been elected. 6. 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 of the executive department, on any subject relating to the duties of their respective offices

8. He may, by proclamation, on extraordinary occasions, convene the General Assembly at the seat of Government, or at a different place if that shall have become dangerous from an enemy 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 proper, 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 laws be faithfully executed.

11. In all criminal and penal cases, (except of treason and impeachment,) after conviction, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, 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 the 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, with such device as the Governor first elected may direct; and the present seal of the Territory shall be the seal of the State until otherwise directed by the General Assembly.

13. All commissions shall be in the name and by the authority of the State of Florida, be sealed with the State seal, and signed by the Governor, and attested by the Secretary of State.

14. There shall be a Secretary of State appointed by a joint vote of both Houses of the General Assembly, who shall continue in office during the term of four years; and he shall keep a fair register of the official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the General Assembly, and shall perform 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 granting commissions, which shall expire at the end of the next session.

16. Every bill, which shall have passed both Houses of the General Assembly, shall be presented to the Governor; if he approve, he shall sign it; but if not, he whall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon the journals, and proceed to reconsider it; and if, after such reconsideration, a majority of the whole number elected to that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall likewise be reconsidered; and if approved by a majority of the whole number elected to that House, it shall become 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 Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it; unless the General Assembly, by their adjournment, prevent its return, in which case it shall not be a law.

17. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary, except on questions of adjournment, shall be presented to the Governor, and, before it shall take effect, be approved by him, or, being disapproved, be repassed by both Houses, according to the rules and limitations prescribed 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 to fill such vacancy; or, until the Governor absent or impeached shall return or be acquitted.

19. If, during the vacancy of the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the House of Representatives shall, in like manner, administer the Government.

20. The President of the Senate, or Speaker of the House of Representatives, during the time he administers the Government, shall receive the same compensa. tion which the Governor would have received.

21. The Governor shall always reside, during the sessions of the General Assembly, at the place where their sessions are held; and at other times, wherever, in their opinion, the public good may require.